TERMS OF SERVICE (TOS)

The use of information, products or services from DuruSystems, [hereafter referred to as "DuruSystems", "we", "us", or "The Company"] constitutes agreement to these terms, and applies to all contents, products or services provided or managed by DuruSystems via electronic means, such as Internet websites, email messages and so on, hereinafter referred to as "content", "products", "services", or publications. These Terms of Service (TOS) is binding on you our client [hereafter referred to as "you", "client", "customer", or "user"]


Most of the CONTENTs are original, created by DuruSystems staff and are protected by International and Federal Copyright Laws and Treaties. You may resell or give away only where expressly stated. However, you have NO right to edit the contents in anyway whatsoever without prior written permission of the copyright owners.

By using this websites, the services offered through it, its partner sites managed by DuruSystems or a third party, you have agreed to indemnify DuruSystems of whatever damages that may be incurred by any of the parties through such use.

Transfers
Our Support Team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Published Contents, Products and Services
All services provided by DuruSystems may only be used for lawful purposes. The laws of the Federal Republic of Nigeria apply.

The customer agrees to indemnify and hold harmless DuruSystems from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email Support with the information required. If the request is of a licensing issue, we may require further documentation.

Prohibited Materials
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on our servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

DuruSystems services, including all related equipment, networks and network devices are provided only for authorized customer use. DuruSystems systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of DuruSystems system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. DuruSystems may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at Support and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

DuruSystems reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

DuruSystems reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of DuruSystems.

Payment Information
You agree to supply appropriate payment for the services received from DuruSystems, in advance of the time period during which such services are provided. You agree that until and unless you notify DuruSystems of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies DuruSystems of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Request for Account Cancellation
Cancellations must be done in writing via the client area provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the client area to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of DuruSystems, it is your responsibility to ensure that all invoices are paid on time. You agree that until and unless you notify DuruSystems of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by DuruSystems. DuruSystems provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 1000 Naira late fee and/or an account suspension until account balance has been paid in full. The 1000 Naira late fee is applied in addition to whatever else is owed to DuruSystems for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at Support after paying for any product or service, and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and DuruSystems cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

DuruSystems reserves the right to change any other charges at anytime.

Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. DuruSystems is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on DuruSystems servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by DuruSystems.

Cancellations and Refunds
DuruSystems reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. DuruSystems gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Transfers
  • Checks

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage
User may not:
Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

  1. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  2. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  3. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  4. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  5. Participate in any file-sharing/peer-to-peer activities
  6. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  7. Run cron entries with intervals of less than 15 minutes.
  8. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee
The 30 day money back guarantee will not be honoured if such will incur operational costs on DuruSystems. We reserve the right to refund a prorated amount or no refund at all for each transaction.

Our money-back guarantees does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Full refunds will not be honoured for any account that involves domain name purchases, custom software installation, or third party products/services. The affected products/services are as follows:

  • Search Engine Optimization (SEO)
  • Online Content Monetization
  • Website Design & Development
  • e-Mail Solutions
  • e-Books Merchandize
  • Web Hosting
  • Domain Registration
  • Online Solutions Integration
  • Online Business Development

DuruSystems will not activate new orders or activate new packages for customers who have an outstanding balance with DuruSystems. For a new order to be setup or a new package to be activated, you must have a balance of 2,000 Naira, unless otherwise stated by DuruSystems in writing

Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of DuruSystems dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact Support with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Disclosure to law enforcement
DuruSystems may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

E-books Resellers (e-Books Merchandize)
Our e-books resellers are not allowed to sell our e-books on any other website except that provided by DuruSystems. Resellers accounts may only be credited 30 days after payment confirmation.
Note that transaction forms completed online does not imply that payments has been reeceived by DuruSystems. Such uncompleted transaction will not be credited to reseller's account until payment is confirmed through bank deposit, Liberty Reserve, or any other payment method prescribed on our website.

Price Change
We reserve the right to change prices listed on DuruSystems.com.ng, DuruSystems.com, or any other website managed by us or our partners, and the right to change the amount of resources given to plans at any time.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold DuruSystems harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DuruSystems, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DuruSystems against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DuruSystems; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to customers from DuruSystems server.

Arbitration
By using any DuruSystems services, you agree to submit to binding arbitration. If any disputes or claims arise against DuruSystems or its subsidiaries, such disputes will be handled by an arbitrator of DuruSystems choice. An arbitrator from the Nigeria Bar Association will be selected in the state of Imo. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

DISCLAIMER:
Our publications may contain information, products, services or resources that may be based upon a particular time frame. Since the Internet is constantly changing, and DuruSystems' business policies are continuously modified firm, the sites, information, and services provided may change with time. We cannot be held responsible for such changes. All product names, logos and artworks remain copyright properties of their respective owners. While all attempts have been made to verify information provided, DuruSystems and its staff assume no responsibility for errors, omissions, or contrary interpretation of the subject matter herein. DuruSystems reserves the right to make limitless changes to these publications as a whole, including prices/price lists, web links and websites that may be related to it without prior notice.

DuruSystems shall not be responsible for any damages your business may suffer. DuruSystems makes no warranties of any kind, expressed or implied for services we provide. DuruSystems disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DuruSystems and its employees.

For externally hosted products/services found in this website and all external media managed by DuruSystems, it must be noted that only links to them may have been provided. Hence we cannot in any way certify the products/services offered thus. By accessing, downloading or using any product/services offered through such links, you have accepted to assume full responsibility for such actions, and indemnify DuruSystems of whatever injuries/damages that may be incurred therefrom by any of the parties concerned, including but not limited to, copyright issues, misleading information, malware attacks, legal proceedings.

DuruSystems maintain a firm policy on personal privacy and security. However, we assume no responsibility for losses or damages whatsoever that may arise from data entered or retrieved through this website, its partner sites managed by DuruSystems or a third party.

DuruSystems assumes no responsibility for any losses that may be incurred as a result of any financial transaction whatsoever with any third party in relation to the services offered on this website, its partner sites managed by DuruSystems or a third party.

Validity of Transactions / Account Setup
A transaction is valid only after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. We will setup your account only after such transaction has been confirmed by us. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with DuruSystems, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. DuruSystems is not responsible for a lapsed registration due to outdated contact information being associated with the account. If you need to verify or change this information, you should contact our Support Team via email. Providing false contact information of any kind may result in the termination or suspension of your account.

Changes to the TOS
DuruSystems reserves the right to revise its policies at any time without notice.

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