This is an agreement between you and EACdirectoryYou hereby represent that you are at least 18 years of age and that you have attained the age of majority country in which you reside, and that any information that you submit in EACdirectory is correct.
How EACdirectory may modify this agreementEACdirectory reserves the right to change the terms, conditions, and notices under which it offers the EACdirectory, including any charges associated with the use of the EACdirectory Website and services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on EACdirectory Website. Your continued use of the EACdirectory Website after the effective date of such changes constitutes your acceptance of and agreement to such changes. EACdirectory Website may itself contain additional terms that further govern use of the EACdirectory Website, including without limitation, particular features or offers.
No commercial, unlawful or harmful use of the EACdirectory WebsiteYou will not use the EACdirectory Website in any way that is unlawful, or harms EACdirectory, its affiliates, resellers, distributors, service providers and/or suppliers. You may not use the EACdirectory Website in any manner that could damage, disable, overburden, or impair the EACdirectory (or the network(s) connected to EACdirectory) or interfere with any other party's use and enjoyment of the EACdirectory Website.
Spam is prohibited and causes damageYou will not use the EACdirectory and partner servers to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. If your use of the EACdirectory Services includes e-mail related services, then Spam filtering technology or other measures shall be used which may block, either temporarily or permanently, some or all e-mail sent to you through EACdirectory Website even if such e-mail does not violate the Anti-Spam Policy.
Materials you post or provide: communications monitoringFor materials you post or otherwise provide to EACdirectory website related to the EACdirectory Website you grant EACdirectory permission to Use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the EACdirectory Website
Liability limitation; your exclusive remedyIn no event will any EACdirectory party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the EACdirectory website, even if such EACdirectory party has been advised of the possibility of such damages The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) Breach of contract,
(2) Breach of warranty,
(3) Negligence, or
(4) Any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with our terms/services, or do not agree with any part of this agreement, or you have any other dispute or claim with or against any EACdirectory with respect to this agreement or the EACdirectory services, then your sole and exclusive remedy is to discontinue using the EACdirectory services.
Changes to the EACdirectory websiteThe EACdirectory parties may change the EACdirectory website or delete features in any way, at any time and for any reason. As you use the EACdirectory website , you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "content") originated by EACdirectory and persons other than EACdirectory (any such person is referred to as a "third party"). You acknowledge and agree that the EACdirectory parties are not responsible or liable for (1) Any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) Any third party conduct, transmissions or data. In addition you acknowledge and agree that EACdirectory is not responsible or liable for (1) Any viruses or other disabling features that affect your access to or use of the EACdirectory website (2) Any incompatibility between the EACdirectory website and other website, services, software and hardware, (3) Any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the EACdirectory website in an accurate or timely manner, or (4) Any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the EACdirectory website. The limitations, exclusions and disclaimers in this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
Termination:a)EACdirectory may terminate this Agreement, or terminate or suspend your access to the EACdirectory Website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the EACdirectory Website will immediately cease.
b)Hosting Accounts (Emails and websites) will be terminated (contents deleted) 27 days after expiry of the domain or hosting. Upon such termination any information you have stored on the EACdirectory Servers will not be retrieved later. This shall apply to data on addon domains and sub domains if the primary/main hosting account is not renewed. It is your responsibility to check and confirm that the addon domains and its contents are backed up and transfered before you terminate the account or cancel it
YOU HAVE LIMITED TIME TO BRING YOUR CLAIMYou and EACdirectory agree that any cause of action arising out of or related to the EACdirectory website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Resellers:Resellers are an integral part of our business.
Responsibilities of resellers
1. All resellers are to register the domains under the clients name, but they can be administrative , billing and/ or technical contacts for the domains but the registrant details MUST be the clients. To avoid emails going to the client, you may put your email address
2. Domains registered and managed on behalf of the client belong to the client
3. It is your responsibility to ensure that the clients services are up and running so that they do not contact the registry (kenic) or registrar (EACdirectory) When you client complains to registry or registrar, we have a right to help then ensure that their businesses continue operations. This includes changing name servers ( so that their emails and websites continue to operate). This will be after they show proof of ownership of the domains . Proof will be in the form of certificate of incorporation, Invoices and receipts from your organization e.t.c
4. You must be reachable via both phone and email ( and you must respond to our emails within 48hrs if we attempt to reach you)
We reserve the right to take decisions that will ensure client continued business operations.
All decisions taken by the registry or registrar about clients domains is final
a) Canceling A Prepaid AccountAny prepaid account cancelled within 30 days of purchase will have the remaining credit in their account refunded to them. For accounts cancelling after 30 days, refunds will only be issued at the discretion of EACdirectory
b) Domain Registrations, Transfers and change on WHOIS ( Registrant Details)Domain registration and web hosting are two separate services. Hosting accounts do not include domain registration unless otherwise noted.Online payments are through MPESA, 2checkout.com and Paypal.com, who shall process and hold payment until the service is provided. Kenic reserves the right to refuse to register a domain without giving any reasons whatsoever. All domains transfered to EACdirectory shall not have Registrant details changed, unless you own the domain name. If a domain is transfered and you are not the owner of the domain then EACdirectory shall be notified in writing 3 days prior to any changes.( except nameserver changes)
c) Account ServicesEACdirectory provides domains and web hosting services within the various limits specified by each web hosting plan.
In order to offer these services, we must at times take action to prevent some customers from interrupting or restricting services to other users.
d) Backups PolicyEACdirectory backs up all server configurations on a regular basis, however, this does not extend to backups of account web data or email. We encourage all customers to back up their web sites and databases on a regular basis, and can assist in setting up regular backup plans.
EACdirectory, will provide help and assistance, where it can, to recover any lost data (within 24 hr window), but accepts no responsibility or liability for any permanent or temporary data loss.
It is h5ly advised that each customer retain a copy of each and every file before uploading it to any EACdirectory server, and to keep a safe, up to date backup at all times on their own machines. We encourage clients to take the services of Code guard
e) Log Files And Other Volatile DataTo maintain server performance, EACdirectory may, from time to time, delete any log files or temporary data from its servers. There is no set time period in which this process will take place.
Customers are advised to make copies of any log or temporary files they wish to retain.
EACdirectory accepts no responsibility or liability for loss of log or temporary files.
f) Site StatisticsEACdirectory provides access to a real-time graphical statistics application for each domain hosted. Due to the involvement of third-party components and the complexity of the links between domains, accounts and the statistics server, statistics may be unavailable from time to time. As with any other account data, EACdirectory accepts no responsibility or liability for loss of historical statistical data.
g) Bandwidth Usage / Up timeAs the need arises, EACdirectory will upgrade the overall bandwidth available to accommodate the growing needs of our users. However, if any site or account produces abnormal (as decided by EACdirectory) amounts of web site, email or any other traffic, EACdirectory will take action to throttle or disable access.
If an account is found to be using excessive bandwidth, the account holder will be contacted, and required to (at the discretion of EACdirectory) either upgrade their account or pay a bandwidth usage charge as per the pricing scheme on the EACdirectory web site. EACdirectory reserves the right to cancel or suspend any account for which bandwidth usage cannot be negotiated in a reasonable (as defined by EACdirectory) period of time.
We guarantee an up time of up to 99%.
h) Web Space Usage and Unlimited HostingEACdirectory provides limited web space to store files and other data. This limit is set by your account size. If an account is found to be using more then their allocated web space, the account holder will be contacted and required to, at their option, reduce their used space or upgrade their account. EACdirectory reserves the right to cancel or suspend any account for which web space usage cannot be negotiated in a reasonable (as defined by EACdirectory) period of time. You shall also not use your web hosting account for archiving files or as a backup service.
Please note that log files, email and database size(s) are included in your overall allowed web space, if any of these are the cause of the overage, EACdirectory will be happy to assist in deleting or otherwise reducing the overall usage of your account.
Unlimited Hosting has been found to be impractical and Discontinued effective April 2014 . Therefore all clients on unlimited hosting have been allocated 15gb disk space. You are required to delete emails or be migrated to a VPS/Dedicated Server.
i) Customer SupportIt has been the goal of EACdirectory since its founding to provide top-quality customer support and satisfaction. This section clarifies our role in providing a web hosting service. There are various features such as ASP, ODBCs, PHP, etc. that we provide to our users. Due to the complex nature of supporting such services, we are unable to support users in learning how to take advantage of them. Our support team will ensure that the settings are correct on our servers, but we may be unable to assist users in setting up their own files and applications. At the discretion of EACdirectory, we are able to provide some advanced support services. Depending on the scale and complexity of the work, a support fee may apply, with details provided on application.
j) Web UsageEACdirectory endeavors to provide a safe Internet environment for our users, and members of the public. As an extension of this policy, EACdirectory strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to: • Commercial software, made available without the consent of the copyright holder.
• Music (such as MP3s, etc.) made available without the consent of the copyright holder.
• Other material that would be illegal to distribute.
• Documentation on hacking, software piracy, counterfeiting, bomb making, etc. posted with the intent of fostering criminal activity.
• Sites promoting hate crime toward any group. As well as any other material that would be illegal in the jurisdiction in which the web server is located, and any other material deemed unsuitable by EACdirectory. Any site hosted by EACdirectory which breaches these terms will be stopped in expectation of a site cleanup. An administrative fee may be charged in order to reactivate the site, once this cleanup has taken place.
k) .ug and tz domainsWhile every attempt will be made to register the domains ordered for by our customers, we shall not take responsibility when they are registered by other parties before we do so. These are offline processes takes from 24 to 36 hours .
l) Payment using Credit / Debit card / PaypalIf you are in kenya, we advise you to make payment in cash, cheque or MPESA paybill. Credit card / Debit card or Paypal is high due to currency fluctuations and Merchant transaction Fees. It is your responsibility to check on the amount charged at checkout point
m) Payment and receiptsWhen the sytem sends a receipt, it only acknowledges receipt of payment, and not delivery of the service. If service is not delivered, we shall issue a refund.
n) WHOIS scripts and Domain availabilityWHOIS Scripts are prone to errors since their parameters can be changed by registries (.ke, ug, tz e.t,c) hence we shall not take responsibility if a our system shows that it is available, paid for but registration proves unsucessful
In the event that you decide to take legal action, you shall enjoin the client in the suit