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Next Generations Communications Ltd (hereafter referred to as NGCL) provides Business and Internet Consulting services. This general policy is to act as a neutral provider of these services to the global Internet. NGCL reserves the right to suspend or cancel a customer's access to any or all services provided by NGCL when NGCL decides that the account has been inappropriately used. NGCL also adheres to and enforces the Acceptable Use Policies created for Usenet and the Internet as a whole.
TERMS
This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein. NGCL expressly forbids designing, hosting and management of any site to be used for distribution, storing, processing, linking to or otherwise handling in any way the following:
Illegal Material - This includes copyrighted works, including but not limited to commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of NGCL. Warez, et. al. - Includes pirated software, ROMS, emulators, phreaking, hacking, password, cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Spamming – This includes unsolicited e-mails and cross-posting to Usenet newsgroups In addition, NGCL is not responsible for any content and exempt from any legal action that may arise in conjunction with them.
If you engage in any of these activities on our network, your services will be terminated immediately, with no prior notice, and no refunds for unused portions of service will be granted. This policy has been developed not as a limit to network traffic, but as an issue of Internet etiquette.
INVOICING
NGCL shall provide CUSTOMER with an invoice by email for services rendered in accordance with the terms and conditions set forth both herein and with the specific project. It is the CUSTOMER's responsibility to assure that the billing address on file is accurate and up to date.
BAND WIDTH / SPACE USAGE
CUSTOMER agrees that BAND WIDTH and/or SPACE usage shall not exceed the number of megabytes per month as set forth in the purchase agreement. Also, space usage shall not exceed what the CUSTOMER purchased. Customers who exceed their monthly bandwidth and/or space will be surcharged according to NGCL’s pricing regime. Customers who wish to exceed their monthly bandwidth and/or space can contact NGCL for applicable fees.
BULK E-MAIL AND SPAMMING It shall not be permissible for CUSTOMER to engage in any bulk E- mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that CUSTOMER engages in such activity, NGCL may elect to immediately terminate CUSTOMER at its sole discretion without prior notice to CUSTOMER. In the event that NGCL terminates CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled to a refund. Forwarding 10 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". CUSTOMER shall be liable to NGCL for any and all damages caused as a result of CUSTOMER'S failure to comply with this provision. CUSTOMER with unlimited email account plans agrees not to sell or operate a free email service. (ie HotMail, Yahoo Mail). In addition CUSTOMER agrees not to add and subtract sole boxes for the purpose of spamming. Any abuse, as determined by NGCL, of unlimited email accounts CUSTOMER is subject to termination without notice. Any EMAIL violations may result in the immediate termination of CUSTOMER at the sole discretion of NGCL without prior notice. In the event that NGCL elects to terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a refund.
TERMINATION
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit NGCL'S right to terminate CUSTOMER immediately and without prior notice for improper use and violations as set forth herein. In the event that NGCL elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE. In the event CUSTOMER elects to terminate this Agreement with justification, CUSTOMER shall receive a full refund of any balance; however there shall be NO REFUND of the Setup Fee. In the event that NGCL elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of the Setup Fee or any remaining balance.
LIABILITY
CUSTOMER agrees that NGCL shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. CUSTOMER further agrees that NGCL shall not be liable for any damages or losses sustained by CUSTOMER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages. CUSTOMER agrees that it shall not hold NGCL liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service. IN NO EVENT SHALL NGCL'S LIABILITY EXCEED THE TOTAL VALUE PAID TO NGCL BY CUSTOMER.
REPRESENTATION AND/OR WARRANTIES
NGCL makes no representations and cannot guarantee that CUSTOMER'S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. CUSTOMER shall not hold NGCL liable for any damages, injuries or losses incurred by CUSTOMER as a result of any action instituted by a third party.
SECURITY
CUSTOMER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. NGCL MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL NGCL BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL NGCL'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN NGCL AND CUSTOMER
APPLICABLE LAWS
CUSTOMER will ensure that its use of the Internet and any service provided by NGCL to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that CUSTOMER violates this provision, NGCL shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle NGCL to terminate CUSTOMER immediately without prior notice. It shall be within the sole discretion of NGCL to deem material as pornographic or inappropriate.

INTEGRITY OF INFORMATION CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

ACCOUNT SECURITY
CUSTOMER shall be solely responsible for protecting the security of its Internet account and usage. CUSTOMER'S password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. NGCL shall not be liable for any breach of security caused by CUSTOMER or third parties. IN NO EVENT SHALL NGCL'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN NGCL AND CUSTOMER. NGCL will use its best efforts to maintain the integrity and security of CUSTOMER'S password.
RESALE OF WEB SPACE CUSTOMER may resell web space within their own account. CUSTOMER, however, shall remain solely responsible for the entire domain site content. The same Terms of Service Agreement shall govern any domain site resold within an account.

DOMAIN NAME OWNERSHIP CUSTOMER shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. CUSTOMER is the sole OWNER of its domain name. Under no circumstances shall NGCL be responsible for this cost.
LEGAL ACTION CUSTOMER agrees to indemnify and hold NGCL harmless in any legal action which arises as a result of CUSTOMER'S use of NGCL services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.

JURISDICTION AND GOVERNING LAW This Agreement shall be governed by the laws of the Federal Republic of Nigeria and jurisdiction shall lie within the Federal Republic of Nigeria. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF FEDERAL REPUBLIC OF NIGERIA.

HEADINGS Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions. MODIFICATION The terms and conditions of this Agreement may be modified at the discretion of NGCL. ENTIRE AGREEMENT This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements. Failure to properly notify NGCL via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CUSTOMER'S acceptance of same

RENEWAL If not canceled by CUSTOMER, this Agreement will automatically self-renew after a twelve (12) month period for an additional twelve (12) month period. CUSTOMER'S failure to properly notify NGCL of its objections to any of the terms and conditions set forth herein shall constitute CUSTOMER'S acceptance of same. This Agreement shall automatically renew itself for an additional twelve month period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein. In the event this Agreement is automatically renewed, CUSTOMER agrees to be bound by the Terms and Conditions currently in effect.

NGCL reserves the right to change its policies without notice.