Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

MokohHost provides an array of services to our valued customers, ranging from web hosting, and web services which includes Shared, VPS, and Cloud Hosting, WordPress Hosting, Business Emails and Domain Registration services among others, collectively known as "Services."

By using MokohHost's Services, the customer is bound by these Terms of Service and any other policies or terms referenced or published by us, collectively termed as the "Terms." Failure to accept these Terms implies that the customer must refrain from registering an account or purchasing, accessing, or using MokohHost's Services in any manner.

These Terms establish a legally binding agreement between MokohHost and any individual or organization engaging in the purchase, access, or use of MokohHost's Services (referred to as "Customer" or "You"). The Customer asserts, guarantees, and agrees that (a) they possess the full power and authority to enter into and adhere to these Terms or (b) if the Services are used on behalf of an organization, entity, or group, the Customer is authorized to accept these Terms.

Account Information

To commence your usage of our Services, all Users are required to register an account (“Account”).
During registration, it is extremely important to provide accurate, current, and complete information. Maintaining up-to-date information on your Account profile page is your ongoing responsibility.
Regardless of whether you are an individual or representing a company during the account registration process, you must provide the names of natural persons in the first and last name columns.
The security of your password, whether for our Service or a third-party service, is your sole responsibility. You must not disclose your password to third parties and must promptly notify us of any security breaches or unauthorized use of your account.
If registering an Account for a company or legal entity, you must include both the name of a natural person and the company you represent. By doing so, you affirm that you possess the legal authority to bind that entity, granting us all permissions and licenses outlined in these Terms.
Selecting a username must adhere to specific criteria, avoiding names that infringe on others' rights, lack proper authorization, or are offensive.
Account setup occurs post-payment receipt and order screening for potential fraud. Payment options include bank transfer or online payment methods.
Creating an account requires providing accurate and current information. Failure to comply constitutes a breach of the Terms, potentially leading to the immediate termination of your account.
Your responsibility extends to ensuring compliance with all rules. Any misuse may result in account actions, including removal from the host, with or without notice and without a refund.
You are accountable for all activities under your Account, except when unauthorized, provided you promptly report such incidents.
You must provide a non-webmail (i.e [email protected]) email address for contact purposes. It's your responsibility to maintain current contact information, especially for domain-related matters. False contact information may lead to account termination.

User Agreement

Adherence to MokohHost's Terms of Service is a prerequisite for using our services, providing a comprehensive framework for their appropriate usage.

Throughout the term of your agreement with MokohHost, it is essential to ensure that your usage of any resources, whether provided to you or owned/controlled by MokohHost ("Service"), aligns with the current Terms of Service ("TOS"). We reserve the right to make modifications to the TOS at our discretion, with such adjustments taking effect upon posting on our website. In case of infringements, we retain the right to suspend violating websites without prior notice.

Furthermore, MokohHost reserves the right to alter, suspend, or discontinue the Service at any time, for any reason. This includes the imposition of limits on features and Services or the restriction of access to parts or the entirety of the Site without prior notice or liability.

Other Terms and Policies

By using our services, the Customer commits to comply with the terms outlined in this Terms of Service, along with other policy documents of MokohHost, including but not restricted to the following. Each of these documents is integrated by reference, and when combined with the Terms of Service, they collectively form the complete agreement between the parties:

Representations and Warranties

In aligning with our commitment to transparency and trust, you affirm the following representations and warranties to us upon agreeing to these Terms and each time you engage with our Services:

you confirm that you are at least 18 years old.
you assert that you possess sound judgment and the legal capacity to enter into a binding contract, acknowledging and agreeing to these Terms.
all personal information you provide is accurate and truthful to the best of your knowledge.
you confirm that your actions and instructions, whether on a personal or entity level, comply with all applicable laws and regulations.
you maintain a bank account with a licensed financial institution in your name, which will be used for transactions on our Site.
you affirm that you are the rightful owner and hold responsibility for all content or information residing on, obtained through, or transmitted via our Service, irrespective of whether such usage is by you or on your behalf.
if you are representing a legal entity (company, trust, or partnership), you assert that you are duly authorized to do so. We may request evidence of this authorization.

Domain Name Registration

Prior to purchasing a domain name through our platform, it is extremely important to confirm that the chosen domain name does not encroach upon the rights of any third party in terms of domain names, trademarks, or trade names.

Any disputes arising from domain name and trademark conflicts will be addressed in accordance with our dedicated Trademark/Copyright Infringement Policy. Additionally, all domain names procured on our platform are subject to adherence to our Domain Names Policy where applicable.

Billing

All accounts are established on a prepayment model. While MokohHost maintains the flexibility to adjust the prices for accounts or services, customers will be notified of any changes. In the event of a price update, customers opting for a one-year term will be subject to the new rates upon renewal, requiring an additional payment to continue enjoying our services. You agree that until and unless you notify MokohHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Payment

To ensure seamless renewal, it is crucial that MokohHost receives your renewal order at the commencement of your billing period. Unsettled balances accumulated during the service period with MokohHost are eligible for collection. Furthermore, MokohHost retains the authority to temporarily suspend additional services until the outstanding debt is paid.

It is the customer's responsibility to settle all financial obligations associated with the account, extending from the initiation of the account until the customer submits a written cancellation request, it remains the customer's responsibility to clear all outstanding dues. Invoice notifications will be promptly sent to customers via email shortly after the conclusion of an online purchase.

Billing Periods

Billing cycles are designed to accommodate your preferences, offering Monthly, Yearly, Biannual, and Triennial options based on your selected plan. Upon processing your order, we will provide you with detailed account and billing information. We kindly emphasize the importance of prompt payment to guarantee the uninterrupted continuity of your account's service. Your timely payments contribute to a seamless hosting experience with us.

Accounts Migration

MokohHost offers free cPanel to cPanel migration services for all our valued clients. To initiate a free migration, kindly submit a support ticket through the Client Portal. Please note that migrations involving non-cPanel or manual account transfers are not covered under the free migration service and will incur a charge per account.

Refunds

MokohHost handles all refund requests in accordance with our Refund Policy. It's important to be aware that any violations of our Terms of Service will nullify eligibility for refunds. Please refer to the policy for detailed information regarding refunds.

Price Change

We retain the right to modify the prices displayed on the MokohHost website and adjust the allocation of resources for plans at our discretion.

Prohibited Activities/Contents

We strictly prohibit hosting content or links that endorse any specific religion or sect. Additionally, the hosting of the following content is not permitted:

Warez

This covers pirated software, ROMs, emulators, hacking tools, password cracking, IP spoofing, etc., and the encryption of any of the aforementioned. It also extends to websites offering "links to" or providing "how-to" information about such materials.

Illegal Material

We strictly disallow the hosting of illegal material, encompassing copyrighted works, commercial audio, video, or music files, and any content that violates Federal, State, or Local regulations.

Adult Material

This involves all explicit material, such as pornography, erotic images, or any content considered lewd or obscene. The classification of "adult material" is solely at the discretion of MokohHost.

Spam

We uphold a strict policy against UBE/UCE (unsolicited bulk Email/unsolicited commercial Email), reflecting our commitment to safeguarding our customers and the broader online community from the adverse impacts of spam-related activities. UBE/UCE is defined as unsolicited broadcast or commercial Email sent to addresses without explicit and verifiable requests from the recipients. Our definition of spam encompasses any form of unsolicited Email used for any purpose. Any violation of this policy will result in the suspension or termination of the offending account, as we maintain a zero-tolerance stance against the transmission of unsolicited Email and other forms of spam.

This prohibition covers, but is not confined to:

Engaging in mail-bombing, which involves sending numerous messages to the same user.
Utilizing another network to send spam related to MokohHost or any site hosted by MokohHost, including your site.
Using a non-existent return Email address for commercial solicitations.
Subscribing someone else to a mailing list without their permission.
Posting identical articles to multiple newsgroups.

In the event of a client being found in violation of our no-spam policy, the implicated account will be terminated without prior notice, and no refunds will be issued.

Email Sending Limits

A maximum of 50 outgoing Emails per hour applies to each domain, including MAILING Lists. If this limit is exceeded, most Emails will bounce with an undeliverable error. Allow at least one hour before resuming Email sending.

Website Contents

We provide services exclusively for lawful purposes. By using our services, customers agree to indemnify and hold MokohHost harmless from any claims arising from their usage. Prohibited activities include infringement on copyrights or trademarks, such as unauthorized copying of music, books, or photographs.

The immediate termination of an account is enforced for offenses like offering counterfeit merchandise, hosting religious content intended to ridicule, or engaging in political content. If you believe your copyright or trademark is violated, please contact us at support[at]mokohhost.com.

Unacceptable content on all hosting servers (Shared, or Owned) includes:

Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
Religious Sites (any type of religious content and uses texts or rituals of religion to ridicule or shock )
Political Content
Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
Running or promoting Lottery / Gambling Websites.
Hacker focused sites/archives/programs or spreading any type of Viruses
Sites promoting illegal activities
Sale of any controlled substance without prior proof of appropriate permit(s)
Pirated Software/Warez
Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
Forums and/or websites that distribute or link to warez / pirated / illegal content
Image Hosting Scripts (similar to Photobucket or Tinypic)
File Dump / Mirror Scripts (similar to rapidshare)
Mail Bombers / SPAM Scripts
Proxy Scripts / Anonymity
IRC Scripts / Bots
AutoSurf / PTC / PTS / PPC sites
IP Scanners
Bruteforce Programs / Applications / Scripts
Banner-Ad services (Commercial banner AD rotation)
Escrow / Bank Debentures
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
Bank Debentures / Bank Debenture Trading Programs.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Hosting cryptocurrency miners, exchanges, or websites that use illegal or deceptive marketing practices; cryptocurrency wallets, apps;
Sale of any controlled substance without prior proof of appropriate permit(s)
Tell A Friend Scripts
Torrent software
Adult Thumbnail Galleries / Banner Exchanges
Website-primarily created to distribute large documents, images, videos, or drive traffic to other sites.
Heavy websites that may over-utilize bandwidth or resources (RAM, CPU, etc)

Resource Usage

Resources, encompassing bandwidth and/or processor utilization, hold a vital role in the optimal functioning of our services. In the event that a website is identified as excessively monopolizing these resources, MokohHost retains the discretion to promptly suspend that particular site. This policy is enacted selectively in extreme circumstances, aiming to safeguard against the misuse of our servers and ensure fair resource allocation for all users.

Users may not:

Use 50% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc.
Run cron entries & scheduled tasks with intervals of less than 20 minutes
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Participate in any file-sharing / peer-to-peer activities.
Run any MySQL or MS SQL queries longer than 15 seconds. Make databases tables should be indexed appropriately.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any bit torrent application, tracker, or my. You may link to legal torrents off-site, but may not host or store them on our shared servers.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com/include.php“) use include(“include.php”)

While our shared services are well-suited for the majority of our clientele, there comes a juncture where certain websites may be better accommodated by a more robust plan, affording dedicated CPU and memory resources. At our sole discretion, we retain the right to cease services for customers whose websites or hosted data utilize more than 50% of server resources and/or 50% of the server's CPU.

Should your website surpass these resource thresholds, we reserve the right to temporarily suspend your site. In such an event, you can opt to either upgrade your hosting package or request a pro-rated refund for the prepaid services. Recognizing the urgency in rectifying these situations to prevent potential server disruptions, we strive to issue a warning before taking your site offline, although we assume no obligation to do so given the gravity of the situation.

Backups

MokohHost provides free backup service to its shared and wordpress hosting clients. We conduct daily backups for all our shared and wordpress hosting servers, maintaining a 7-day history.

If your website is hosted on MokohHost servers, we highly recommend that you maintain your own daily backups on your personal computer or an offsite FTP server. While we perform backups for our own security to ensure data integrity, backup failure or temporary suspension is possible. Therefore, in case of an emergency, you have the option to restore your own backups.

Please, refer to our Backup Policy for more information about backups.

Affiliate Program

Our affiliate program comes with specific terms and conditions for interested clients:

Affiliates earn up to 10% on every paid shared hosting account i.e web hosting, and wordpress hosting.
Commissions do not apply to upgrades, renewals, or changes in product prices after payout.
Commissions are applicable only to new/fresh orders and not for service renewals.
Withdrawals are permissible once the affiliate's earnings reach the ₦10,000 ($10) threshold.
If a referred client cancels or receives a refund for a service, any commission paid by MokohHost must be refunded by the affiliate within 30 days. Failure to do so will result in deduction from future commissions.
Combining two or more affiliate accounts is not allowed.
Withdrawals are processed weekly and disbursed every Tuesday via bank transfer to any bank account in Nigeria, registered under the affiliate's name.
Self-referral is prohibited.
If your referral makes a payment without using your unique affiliate link, just ask them to email us, confirming your referral and mentioning your email address.
It's crucial to ensure that your Affiliate Link is correctly set up for commission eligibility, enabling MokohHost to identify and track visitors referred by you.

Promotional

Promotional Terms

If, during a promotion or bundled offer, you purchased a product or service and fail to renew it before its expiration date or experience a billing cycle change, the terms of the promotion or free product will become void. The standard renewal rate, based on the then-current price of the product, will be applied to the free product.

Please be aware that domain name promotional discounts do not extend to renewals, transfers, trademark domains, premium domains, and pre-registration domain fees, unless clearly stated in the promotional message.

Promotional Codes

Modifying or submitting a promo code or referrer is not permitted after the completion of the account registration process.
Promo codes/referrers are for new customers only
When you enter a promotional ("promo") code, you are opting not to disclose the person who referred you to MokohHost.

Link to Other Websites

Our services may include links to websites or services operated by third parties that are not owned or managed by MokohHost.

MokohHost does not have control over, and assumes no responsibility for, the content, privacy policies, or practices of these third-party websites or services. By using our services, you acknowledge and agree that MokohHost shall not be held responsible or liable, directly or indirectly, for any damage or loss incurred or alleged to be incurred as a result of or in connection with your use of or reliance on any content, goods, or services available through such third-party websites or services.

We strongly recommend that you review the terms and privacy policies of any third-party websites or services that you visit.

Indemnification

Customer acknowledges and agrees that by using the services provided by MokohHost, they will defend, indemnify, and hold MokohHost harmless from any and all liabilities, losses, costs, and claims, including reasonable attorney's fees. This defense and indemnification extend to cover MokohHost, its agents, customers, officers, and employees against any issues arising from services rendered, products sold, or actions performed by the customer, their agents, employees, or assigns.

Customer agrees to defending, indemnifying, and holding MokohHost free from liabilities related to:

any injury to person or property caused by products sold or distributed in connection with MokohHost's server.
any fraudulent or illegal use of the Services or the Site.
any negligence or any default by you of any of these Terms.
any granting of access to your account, whether by explicit permission or due to your lapse in safeguarding the confidentiality of your username and password, is your responsibility.
any material provided by the customer that infringes or is allegedly infringing on the proprietary rights of a third party.
copyright infringement issues.
any inaccurate or incomplete information that you have knowingly provided to us.
any defective products purchased by the customer from MokohHost's server.

Cancellation of Account

For cancellation requests, we require submission through the Portal, where you will promptly receive a confirmation upon the successful cancellation of your account. Please note that cancellations made via phone or email will not be accepted.

It's important to acknowledge that submitting the cancellation form doesn't automatically finalize the request; your account might have outstanding balances that need settlement before the cancellation can proceed. Cancellation eligibility does not extend to issues such as domain name transfers, non-usage, Internic problems, ISP issues, or any other secondary matters unrelated to MokohHost's services.

We encourage customers to ensure they receive a cancellation confirmation from MokohHost, verifying the closure of both domain and account. This ensures transparency and clarity in the cancellation process.

Limitation of Liability

In no circumstance shall MokohHost, its directors, employees, partners, agents, suppliers, or affiliates be held liable for indirect, incidental, special, consequential, or punitive damages. These include, but are not limited to, the loss of profits, data, use, goodwill, or other intangible losses arising from:

your access to or use of the Service.
any conduct or content of any third party on the Service.
any content obtained from the Service.
unauthorized access, use, or alteration of your transmissions or content.

This applies whether based on warranty, contract, tort (including negligence), or any other legal theory, and even if the possibility of such damage has been disclosed. Moreover, it stands irrespective of whether a remedy outlined herein is found to have failed its essential purpose.

Disclaimer

MokohHost cannot be held responsible for any potential business damages that may arise. MokohHost provides services without any expressed or implied warranties. We disclaim any warranties of merchantability or fitness for a particular purpose, including potential data loss due to delays, non-deliveries, incorrect deliveries, or service interruptions caused by MokohHost and its employees.

As a precaution, we strongly advise all our customers to perform their own backups of website files, databases, and emails. This ensures quick access to their data in the unlikely event of a hardware failure. While we strive to prevent such occurrences, we believe in preparedness. Please note that MokohHost reserves the right to update its policies without prior notice.

Termination

We reserve the right to terminate or suspend your access to MokohHost services, either in whole or in part, which may include the deletion or confiscation of all files, content, and/or domain name registrations, without prior notice under the following circumstances:

failure to settle any fees owed to MokohHost as stipulated in this Agreement. Additionally, MokohHost reserves the right to charge a reinstatement fee.
violation of the terms and conditions outlined in this Agreement.
conduct that may cause harm to MokohHost or others, result in MokohHost incurring liability, or disrupt its business operations (as determined solely by MokohHost).
abusive behavior towards our staff in any manner.
any other lawful reason, including compliance with applicable law or as specifically outlined in this Agreement.

In the event of such termination, your right to use the service will cease immediately, and any fees paid in advance will not be refunded. You will be required to settle all fees and charges accrued prior to the effective date of termination.

Feedback

If you offer suggestions to MokohHost for improving or introducing new features or products to our services, or if you provide feedback, reviews, or testimonials related to a service or your experience with it, you grant MokohHost a perpetual, worldwide, exclusive, irrevocable, and royalty-free license and right to use, copy, modify, or otherwise leverage your suggestions, feedback, reviews, or testimonials for any purpose, including marketing purposes. This grant encompasses the right to utilize such content without any notice, compensation, or other obligation to you.

Transfer of Rights

The transfer or assignment of Customer's rights or obligations under these Terms requires prior written consent from MokohHost.

Intellectual Property

The Service, along with its unique content, features, and functionality, exclusively belongs to MokohHost and is safeguarded by copyright, trademark, and other pertinent laws of the Federal Republic of Nigeria. Unauthorized use of our trademarks and trade dress in connection with any product or service is strictly prohibited without the Company's prior written consent.

Users are expressly prohibited from engaging in the following activities:

attempting to decipher, decompile, disassemble, reverse engineer, or derive source code or underlying ideas or algorithms of any Service component, unless such actions are expressly permitted by applicable laws.
creating derivative works, modifying, translating, or making any alterations to any part of the Service.
copying, renting, leasing, distributing, or transferring any of the rights granted under this agreement.

Governing Law

The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws principles.

Contact Us

If you have any questions about this Terms, please contact us at legal[at]mokohhost.com