Terms & Conditions of Service

This policy represents the Nextel Systems Ltd Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Nextel Systems Ltd customers agree to when they sign-up for any of the Nextel Systems Ltd website hosting services. Nextel Systems Ltd reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, without written notice to our customers. Customers using any services offered by Nextel Systems Ltd agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Nextel Systems Ltd. Nextel Systems Ltd retains the sole discretion to make judgment regarding any violation by any Nextel Systems customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for Nextel Systems Ltd maintaining one or more accounts (each “Account”), you, as the Nextel Systems customer, agree to the following terms of service.

Definitions

  • “We” “Us” or “Provider” or “Nextel Systems” – nextelsystems.com
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. Nextel Systems however, offers a 99.9% uptime guarantee. This is valid for only the Nextel Systems servers and our primary co-location internet connection. Nextel Systems shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Nextel Systems is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Nextel Systems capability to directly correct. Nextel Systems clients are diverse and their websites and the function of those websites are diverse and Nextel Systems cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack. NEXTEL SYSTEMS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Nextel Systems nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Nextel Systems, even if Nextel Systems has been advised to the possibility of such damages.

Limitation of Liability

In no event shall Nextel systems be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents, email data and or database contents) arising out of or in relation to this agreement or your use or inability to use Nextel systems. Services (including, but not limited to, inoperability of Nextel systems. Servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Nextel systems has been advised of the possibility of such damages. In no event shall Nextel systems. Maximum liability exceeds the total amount paid by you to Nextel systems for the services during the prior twelve (12) months. To the extent applicable local law does not allow the limitation of liability for consequential or incidental damages, Nextel systems. Liability is limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend and hold Nextel Systems and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Nextel Systems’ servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Nextel Systems. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Nextel Systems’ gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of Uganda without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the High Court of Uganda, Kampala. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By Nextel Systems Ltd

Nextel Systems Ltd will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Nextel Systems members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Nextel Systems members will use the provided services in a manner consistent with any and all applicable laws. Nextel Systems provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Nextel Systems reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Nextel Systems can terminate client’s account without notification. Nextelsystems.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Nextelsystems.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Nextelsystems.com and any employee or contractor of Nextelsystems.com. Nextel Systems will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails. Client Content Client agrees that web pages and files uploaded to our servers will not violate any district, national, regional or foreign laws or regulations; infringe on any intellectual property rights of Nextel Systems or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Nextel Systems or any third party. Customers may not run IRC, bots or clients. Clients may not use Nextel Systems servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Nextel Systems’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their add-on domains that are not domains owned by the client on record at Nextel Systems. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Nextel Systems will be the sole and final arbiter as to what constitutes a violation of this policy. Nextel Systems does not normally monitor the contents of clients servers, however if suspicion occurs, Nextel Systems reserves the right to investigate and terminate the clients subscription to the service. Unlimited Features What do you mean by “unlimited disk space and bandwidth/data transfer”? We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website. If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice. Excessive Resource User Policy Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Nextel Systems offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Nextel Systems control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Nextel Systems will make every reasonable effort to notify customer prior to suspension, however, Nextel Systems may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Nextel Systems will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel. No “Spam” UCE/UBE or “Spam” originating from a server located on our network or associated with a Nextel Systems server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Nextel Systems network but is sent from an e-mail address not associated with that Nextel Systems account. Client shall not use their Nextel Systems services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Nextel Systems reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. Excessive Exploits Nextel Systems allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Nextelsystems.com and Nextelsystems.biz reserves the right to terminate that clients’ account and provide them with a prorated refund. False Information Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Nextel Systems concerning unethical, false or unlawful activities by you, Nextel Systems reserve the right to suspend or terminate your service with or without notice. Licensed Software Only Client agrees to use only properly licensed third party software in connection with Client’s use of the Services. Backup Files Nextel Systems provides the tools needed to create back ups of account data. Nextel Systems also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Nextel Systems does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. Payment Obligations Full payment is required in advance before hosting service is activated. An account is not fully active before full the package fee is paid. Nextel Systems sends any due invoice every pay period. You are given prior notice at least ninety (30) days to fully pay the invoice before service expiry. You warrant and represent that the information you supply in the Package Order (or other information that Nextel Systems may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Nextel Systems Ltd prior to the renewal date and although Nextel Systems Ltd sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Nextel Systems, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full. Renewals It is the obligation of the Nextel Systems Ltd customer to know when their account comes up for renewal and if their intention is to not renew their account they must notify Nextel Systems Ltd by e-mail or submit a  cancellation from the customer area, 30 business days prior to their account’s renewal date to ensure that Nextel Systems Ltd billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. Nextel Systems Ltd clients receive email notification 30 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Nextel Systems Ltd has a valid email address for which we can send out renewal notices to our clients. If Nextel Systems Ltd does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account 30 days prior to the renewal date or as any services associated with the account expires or on demand, and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan/package that the client signed up for (unless package changes were made or upgraded between the time when the client signed up & their renewal date). Note: Extension can be provided up to a maximum of 7 days. An account can be terminated in 28 days (from the original due date) if the payment is still overdue. Access to the server/cPanel via HTTP, FTP or SSH is deactivated during the time of an outstanding renewal Invoice. Late Fees Clients have the option to pay an invoice at any time by logging into their Nextel Systems Ltd account and submitting a payment using the payment options available there. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than 24 hours, (the grace period), the account is automatically suspended and Late Fee equivalent to UGX 100,000/ is added to the account; To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus UGX 100,000/ must be submitted to Nextel Systems. Currency All prices listed are in Uganda Shillings (UGX), for all services & server locations unless otherwise specified. Cancellation & Refunds Should you become dissatisfied with our services within the first 30 days of your account activation, and wish to cancel the service at that time, Nextel Systems Ltd will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation & payment. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to e-mail us on (support @ nextelsystems.com) and confirm before cancellation takes place.  Please send cancellation confirmation at-least 3 months before account expiry to avoid being billed full  package charges for the next billing period.  Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are UGX 100,000/Year for Top-Level Domains (TLDs) and UGX 250,000/Year for Country-Code top-level domains (ccTLDs). Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Nextel Systems hosting service within the 30 day money back guarantee. In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP’s, SSL Certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days. Website files are the responsibility of the Nextel Systems Ltd customer and should a Nextel Systems customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Nextel Systems server prior to requesting that Nextel Systems cancels their account. Once the cancellation request has been submitted to Nextel Systems a cancellation of the website hosting service may occur anytime after the request is received by Nextel Systems and when a cancellation request is completed the client’s hosting account with Nextel Systems and their website files are permanently removed from the Nextel Systems servers. Therefore it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request. 99.9% Service Level Agreement “SLA” Nextel Systems offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Nextel Systems will try to maintain maximum uptime. Nextel Systems is not responsible for any downtime caused by the client. 30 Day Money Back Guarantee Nextel Systems offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our effort to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are UGX 100,000/ Year for TLDs and UGX 250,000/Year for ccTLDs. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Nextel Systems hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to billing@nextelsystems.com.

Privacy Policy

Nextel Systems Ltd, is referred to in this document as (“Nextel Systems”). Nextel Systems Ltd is committed to respecting and protecting the personal information and data of its visitors and customers. This Privacy Policy covers the site www.nextelsystems.com Nextel Systems Ltd does not collect personally identifiable information (any information by which you can be identified) when you visit our site, unless as specifically provided in this Policy or if you choose to provide that information to us. Nextel Systems Ltd does NOT discriminate against individuals for exercising their privacy rights under applicable laws. This Policy is incorporated into, and made a part of, the Terms of Service (“TOS”) Agreement found at Terms of Service.

INFORMATION COLLECTED

Customers are asked to provide certain personal information when they sign up for Nextel Systems Ltd services, including name, address, email address, telephone number, and billing information (such as a credit card number). In addition, to register a domain name, customers are asked to provide this information for the registrant, administrative contact, technical contact and billing contact of the domain name for submission to the appropriate domain registry or registration database. Customers may also be asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. Nextel Systems Ltd also makes use of technologies like cookies in order to keep track of visitors and registered customers and to relate one computer transaction to a later one. You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide to disable cookies, you may not be able to take full advantage of all of the features of Nextel Systems Ltd’ website. Please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personally identifiable information. However, advertisers and partners may also use their own cookies. Nextel Systems Ltd does not control use of these cookies and is not responsible for information collected through them. By becoming a customer, you expressly consent to the collection of the aforementioned information. The information that Nextel Systems Ltd collects is hosted on servers located in the United States (U.S.), unless otherwise provided. By using the Nextel Systems Ltd’ services, you freely and expressly give Nextel Systems Ltd your consent to export your information and data to the U.S.

USE OF INFORMATION

Nextel Systems Ltd does NOT trade, rent or sell your personal information or data to any other organization or third party, except as provided specifically in this Policy. Nextel Systems Ltd has structured its websites so that individuals may visit us on the Web without revealing personally identifiable information. Nextel Systems Ltd uses information it collects to provide and collect payment for its web hosting solutions and other services. Passively collected information, such as information collected from or about your device including through the placement or reading of cookies or other tracking technologies is used to provide a customized experience as you use Nextel Systems Ltd’ services. A) Customer Contact and Account Information The information collected from customers is used to manage each customer’s account (e.g., billing and account management) and to promote other products or services that Nextel Systems Ltd believe may be of interest to its customers. Nextel Systems Ltd may also generate non-identifying and aggregate profiles from information that customers provide during registration. Nextel Systems Ltd may use this aggregated and non-identifying information to promote advertisements that appear on Nextel Systems Ltd’ website and in connection with its services. All such aggregated and non-identifying information that Nextel Systems Ltd collects, as well as any analysis of such information that Nextel Systems Ltd produces, is proprietary information of Nextel Systems Ltd. B) Analytics and Statistics Nextel Systems Ltd uses information gathered from its website analytics (e.g., user IP addresses) to help diagnose problems with Nextel Systems Ltd’ servers, and to administer and optimize Nextel Systems Ltd’ website. Nextel Systems Ltd also collects broad demographic information from this data to help improve its website and services. Any statistics gathered by Nextel Systems Ltd are proprietary property of Nextel Systems Ltd. C) Support and Email Inquiries When customers send email inquiries and/or support requests to Nextel Systems Ltd, the return email address (and other personal information provided in the inquiry/request) is used to answer the email inquiry/request received. D) Customer Surveys Nextel Systems Ltd may use the contact information provided in customer surveys to follow up on survey answers. Nextel Systems Ltd may also contact you to highlight the changes Nextel Systems Ltd makes in response to your feedback. E) Confidentiality With the exception of trusted business partners who work with or on behalf of Nextel Systems Ltd, and are subject to specific confidentiality agreements, Nextel Systems Ltd will not provide or sell to any third party your personal information and will keep all customer information confidential, subject to the following:

  1. Nextel Systems Ltd does not share personally identifiable information about individual users with advertisers. Nextel Systems Ltd may display online advertisements and share aggregated and non-identifying information about customers collected through the registration process or through online surveys and promotions with certain advertisers. This aggregated and non-identifying information may be used to deliver tailored advertisements.
  2. Nextel Systems Ltd may share aggregated, non-personally identifying information obtained from customer surveys with third parties.
  3. Nextel Systems Ltd may access, preserve and share customer information with companies, organizations, governmental entities, or individuals outside of Nextel Systems Ltd if we believe, in good faith and in our sole discretion, that the law requires us to do so. This may include, but is not limited to, responding to subpoenas, court orders or other legal processes. Nextel Systems Ltd may access, preserve, and share customer information as necessary to: establish or exercise Nextel Systems Ltd’ legal rights or defend against any claim including threatened claims; investigate, prevent, or take action regarding suspected fraud or other illegal activities; prevent death or serious physical harm to any person; or investigate violations of Nextel Systems Ltd’ Terms of Service.
  4. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers (“ICANN”) or certain registries, domain name registration information has to be made available and accessible to the public through a “WHOIS” search. The WHOIS is a publicly accessible database that lists the domain name registration information for a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Nextel Systems Ltd may deposit your domain registration information with a third-party escrow provider to comply with ICANN requirements. At times, customers may receive solicitations that result from searches of the publicly available databases by other companies or individuals. Any such solicitations or SPAM do not come from Nextel Systems Ltd and Nextel Systems Ltd does not control the use of WHOIS information by third parties.

DATA SECURITY

Nextel Systems Ltd uses multiple security measures to prevent the loss, misuse and alteration of the information under our control. Your data is protected using Secure Socket Layer (SSL) encryption technology, the industry standard. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information. In the unlikely event of a data breach, Nextel Systems Ltd will notify the appropriate regulatory and/or legal authorities, as well as affected customers/individuals, within seventy-two (72) hours.

CUSTOMER OPTIONS

  • Public ForumsBe advised that any information you may disclose or post in forums or other public areas of Nextel Systems Ltd’ website or the Internet, becomes public information. You should always exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from Nextel Systems Ltd community forums or testimonials, contact Nextel Systems Ltd at privacy@Nextel Systems Ltd. In some cases, Nextel Systems Ltd may be unable to remove your personal information, in which case Nextel Systems Ltd will let you know why it is unable to do so.
  • Unsubscribe/Opt-outWhen you become a customer of Nextel Systems Ltd, you are automatically subscribed to receive transactional notices and updates about your account, email newsletters and news of special promotions offered through Nextel Systems Ltd and/or in conjunction with Nextel Systems Ltd’ partners. To unsubscribe from Nextel Systems Ltd’ newsletters and promotional mailings, customers may update their preferences on the Account Manager. Customers may also unsubscribe through the links provided in promotional email messages sent by Nextel Systems Ltd or on Nextel Systems Ltd’ behalf.
  • Accessing, Modifying & Deleting Your InformationNextel Systems Ltd allows customers to access, update, and correct inaccuracies in your personal information in Nextel Systems Ltd’ custody and control, subject to certain exceptions prescribed by law. Nextel Systems Ltd also allows individuals and customers to delete their personal information which is in Nextel Systems Ltd’ custody and control, by requesting erasure of the same. Customers and individuals may request access, updating/corrections of inaccuracies, and erasure of personal information Nextel Systems Ltd has in its custody or control by accessing the Account Manager or by contacting support via email, phone, or online chat. Requested information will be provided within forty-five (45) days of the receipt of a customers’ request. Nextel Systems Ltd may request certain personal information for the purposes of verifying the identity of the individual seeking access or erasure of individual/customer records. To ensure customers receive the information they need to manage their account and protect their privacy, Nextel Systems Ltd asks that customers keep their contact and billing information up to date. Customers can update all account-related information directly through the Account Manager. Alternatively, customers can contact Nextel Systems Ltd Support for further assistance.

EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION

Where the European Union’s General Data Protection Regulation (“GDPR”) applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information Nextel Systems Ltd holds about you. Below is an outline of those rights and how EU customers may exercise those rights. To exercise any of your rights, please visit the Account Manager, or contact Nextel Systems Ltd at privacy@Nextel Systems Ltd or by phone 1-877-326-7483. Access You have the right to know whether Nextel Systems Ltd processes personal information about you and, if it does, to access data Nextel Systems Ltd holds about you and certain information about how Nextel Systems Ltd uses and shares it. Portability You have the right to receive a subset of the personal information you provide to Nextel Systems Ltd in a structured, commonly used and machine-readable format and a right to request that Nextel Systems Ltd transfer such personal information to another party. If you request that Nextel Systems Ltd transfer the personal information to another party, you must ensure you detail that party and note that Nextel Systems Ltd can only transfer the personal information where it is technically feasible to do so. Nextel Systems Ltd is not responsible for the security of the personal information or its processing once received by the third party. Correction You have the right to require Nextel Systems Ltd to correct any personal information held about you that is inaccurate and have incomplete data completed. If you request correction, please explain in detail why you believe the personal information is inaccurate or incomplete so that we can assess whether a correction is required. Erasure You may request that Nextel Systems Ltd erase the personal information it holds about you in the following circumstances: (1) where you believe it is no longer necessary for Nextel Systems Ltd to hold the personal information; (2) you withdraw your consent to the processing of the personal information, and Nextel Systems Ltd was processing it on the basis of your consent; (3) Nextel Systems Ltd is processing your data on the basis of its legitimate interest and you object to such processing; (4) you no longer wish us to use your data to send you marketing; or (5) you believe Nextel Systems Ltd is unlawfully processing your data. Please provide as much detail as possible on your reasons for the request to assist Nextel Systems Ltd in determining whether you have a valid basis for erasure. Restriction of Processing You have a right to require us to stop processing the personal information Nextel Systems Ltd holds about you other than for storage purposes in the following circumstances: (1) you believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate; Nextel Systems Ltd wishes to erase the personal information as the processing it is doing is unlawful, but you want Nextel Systems Ltd to simply restrict the use of that data; (3) Nextel Systems Ltd no longer needs the personal information for the purposes of the processing but you require it to retain the data for the establishment, exercise or defense of legal claims; or (4) you have objected to Nextel Systems Ltd processing personal information it holds about you on the basis of its legitimate interest and you wish it to stop processing the personal information while it determines whether there is an overriding interest in Nextel Systems Ltd retaining such information. Objection You have the right to object to Nextel Systems Ltd’ processing of data about you and Nextel Systems Ltd will consider the request. Please provide detail as to your reasoning so that Nextel Systems Ltd can assess whether there is a compelling overriding interest in it continuing to process such data. You also have the right, at any time, to object to Nextel Systems Ltd’ processing of data about you in order to send you marketing. Withdrawal of Consent Where you have provided your consent to Nextel Systems Ltd processing your personal data, you can withdraw your consent at any time by visiting the Account Manager, or by contacting Nextel Systems Ltd at privacy @ nextelsystems.com

CHILDREN UNDER 18

Nextel Systems Ltd does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 (“Minor”) must have a parent or guardian accept the Terms of Service in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our website only with the involvement of a parent or guardian.

CHANGES TO POLICY

Nextel Systems Ltd reserves the right to revise, amend, or change this Policy at any time and in any manner by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site. If you have questions or concerns regarding this Policy, you should contact us by email at privacy @ nextelsystems.com

DATA PROCESSING AGREEMENT (DPA)

Acceptable Use Policy

The Nextel Systems Ltd Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into the Nextel Systems Ltd Terms of Service. Nextel Systems Ltd may modify this AUP at any time without notice. “We” “Us” or “Provider” or “Nextel Systems Ltd” – Nextel Systems Ltd “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for service or is a designate of anyone who applies for service. “Services” applies to all web hosting accounts, SSL certificates, dedicated IP addresses, domain registrations, and any other service or feature offered by Nextel Systems Ltd or on our website at Nextel Systems Ltd. Services rendered by Nextel Systems Ltd may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your service usage. Nextel Systems Ltd reserves the right to refuse service to anyone at our sole discretion. Any material or conduct that in our judgment violates this AUP in any manner may result in suspension or termination of the Services or removal of content with or without notice. Notifications concerning AUP infractions will be sent only to the verified email address on file. Nextel Systems Ltd does not accept inbound or place outbound calls regarding Abuse related matters. Failure to respond to communication from Nextel Systems Ltd pertaining to the AUP within the provided time period in our communication may result in the suspension or termination of the Services.

Unacceptable Uses

Usage of Services directly or indirectly in connection with any of the following, as determined under Nextel Systems Ltd’s sole discretion:

  • You may not use the Services to publish content nor engage in activity that is illegal under applicable law, that is harmful to others, or that would subject Nextel Systems Ltd to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this AUP:
  • Disclosure of sensitive personal information about others;
  • Storing personal or sensitive information, including without limitation, “Protected Health Information” as defined under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”);
  • Phishing or engaging in identity theft;
  • Distribution of computer viruses, worms, Trojan horses or other malicious code;
  • Promoting or facilitating prostitution or sex trafficking;
  • Hosting ponzi or pyramid schemes, or websites that engage in unlawful or deceptive marketing practices;
  • Hosting, distributing or linking to child pornography or content that is harmful to minors. Violators of this policy will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NCMEC);
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications (including without limitation, promotion, marketing, or sale of prescription medications without a valid prescription);
  • Gambling;
  • Promoting or facilitating violence or terrorist activities; or
  • Infringing the intellectual property or other proprietary rights of others.

Excessive Use of Resources or Network Abuse

You may not consume excessive amounts of server or network resources or use the Services in any way which results in server performance issues, instability, or which disrupts service for other customers. Prohibited activities that contribute to excessive use may include without limitation:

  • Hosting or linking to an anonymous proxy server;
  • Operating a file sharing site;
  • Hosting scripts or processes that adversely impact our systems
  • Utilizing cron jobs in excess of once every fifteen (15) minutes
  • Sending messages over your plans’ hourly allotted email limits
  • Hosting large databases, or databases with large tables that require excessive queries or resources to complete
  • Utilizing software that interfaces with an Internet Relay Chat (IRC) network.
  • Utilizing software for cryptocurrency mining (i.e. Bitcoin)
  • Utilizing software for a game server (i.e. Minecraft)
  • Utilizing software for any form of VPN or Onion Routing including but not limited to OpenVPN, Wireguard, and TOR.

Unauthorized System Access

You may not directly or indirectly use the Services to gain access to any network or system without permission, including without limitation:

  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures;
  • Attacking other networks (e.g., utilizing botnets or other means to launch Denial of Service (DoS) or other attacks);
  • Intercepting or monitoring data without permission; or
  • Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of Nextel Systems Ltd’s website or servers for any unauthorized purpose.

Storage of Backups and Mail

You may not use your hosting account as a backup solution or to host archived mail. Archived mail is defined as messages older than thirty (30) days or emails totaling ten (10) gigabytes or larger. Our Services are designed to host active website data only and may not be used as a data repository. Nextel Systems Ltd reserves the right to remove backups and/or archives from your hosting account or suspend access to your Services with or without notice.

Zero Tolerance Spam Policy

Any user account which causes or results in our IP space being blacklisted will be immediately suspended and/or terminated. This applies to all services, including VPS and dedicated servers.

  • Forging or misrepresenting message headers is prohibited.
  • You may not use the Services to sell contact lists or send email to any purchased lists (i.e. “Safe Lists”). Messages sent from the Nextel Systems Ltd network for newsletters or other email campaigns must be from a confirmed, double-opt in list.
  • You may not use the Services to send spam or bulk unsolicited messages. We may terminate with or without notice the account of any user who sends spam.

Coupon Abuse

Coupons are designed as promotional items for new hosting accounts only. Once you are on file as an existing customer, there is no method to sign up as a new customer in order to use a new coupon.

Vexation & Harassment

Nextel Systems Ltd does not condone nor will it tolerate the harassment or abuse towards its agents, contractors, employees or subsidiaries. While communicating with Nextel Systems Ltd staff, agents or representatives, you agree to conduct yourself in a professional manner. It is expected that you refrain from abusive, malicious, or offensive behavior or make spurious or vexatious complaints or claims. Should you be found in violation of this clause Nextel Systems Ltd reserves the right to suspend and/or terminate services with or without prior notice and without liability.

AUP Enforcement

  • Services may be suspended or terminated with or without notice upon any violation of this AUP. Violations may result in the immediate suspension or termination of your account.
  • Nextel Systems Ltd reserves the right to disable or remove any content which is prohibited by this AUP, including to prevent harm to others or to Nextel Systems Ltd or the Services, as determined in Nextel Systems Ltd’s sole discretion.
  • Violations will be reported to law enforcement as determined by Nextel Systems Ltd in its sole discretion.
  • Failure to respond to an email from Nextel Systems Ltd within forty-eight (48) hours, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
  • Websites hosted on Nextel Systems Ltd’s servers in the U.S. are generally governed by U.S. law. As a web host, Nextel Systems Ltd is not the publisher of user generated content as such we are not in a position to investigate the veracity of individual defamation claims. Rather, we rely on the legal system and courts to determine whether or not material is defamatory or illegal. In any case in which a court of competent jurisdiction, as determined in Nextel Systems Ltd’s sole discretion, orders material to be removed, Nextel Systems Ltd will disable access to such material.
  • Notwithstanding the foregoing, you are responsible for using all Services in compliance with applicable laws in their jurisdiction, including without limitation, any laws relating to defamation, unsolicited emails, spamming, privacy, obscenity, and intellectual property infringement. Nextel Systems Ltd reserves the right to take local legal considerations into account and to respond accordingly at Nextel Systems Ltd’s sole discretion.
  • Enforcement of this AUP is at Nextel Systems Ltd’s sole discretion.

Reporting Violations

To report a violation of Nextel Systems Ltd’s AUP, please email abuse @ nextelsystems.com To report an infringement of intellectual property or other proprietary rights, please email legal @ nextelsystems.com

Data Processing Agreement (DPA)

This data processing agreement (the “Data Processing Agreement”) is between Nextel Systems Ltd at Plot #8, Manuel Pinto Road, Muyenga, Kampala Uganda (the “Data Processor”) and the customer agreeing to the Nextel Systems Ltd Terms of Service (the “Terms of Service”) (the “Data Controller”) and incorporates the terms and conditions set out in the Schedule attached hereto (the “Schedule”). The Data Processing Agreement and the Schedule shall be referred to collectively as the “Agreement”. Terms used in the Data Processing Agreement but not defined herein shall have the meaning attributed to them in the Schedule. Under the Terms of Service, Data Controller has appointed Data Processor to provide certain services (“Services”) to Data Controller. As a result of its providing the Services to Data Controller, Data Processor will store and process certain personal information of Data Controller as described below:

  1. The Customer Personal Data Processed by Data Processor will be subject to the following basic Processing activities: Operations necessary for the provision of the Services under the Terms of Service by Data Processor, including the storage, retrieval, use, disclosure, erasure, destruction and access of the Customer Personal Data.
  2. The Customer Personal Data Processed by Data Processor shall concern only the following categories of Data Subjects: Customers of Data Controller based in the European Union whose information is provided to Data Processor for the purposes of the provision of the Services under the Terms of Service.
  3. The Customer Personal Data Processed by Data Processor includes and shall be limited to the following categories of data: (i) identification and contact information (such as name, email address); (ii) purchase information (such as payment method, products purchased, billing information); and (iii) information gathered in the provision of services to Data Controller (such as analytics, device and browser information).
  4. The Customer Personal Data Processed by Data Processor does not contain special categories of Personal Data.

The Agreement is being put in place to ensure that Data Processor processes Data Controller’s personal data on Data Controller’s instructions and in compliance with applicable data privacy laws. The Parties to this Agreement hereby agree to be bound by the terms and conditions in the attached Schedule as applicable with effect from 28 June 2018 (the “Effective Date”). STANDARD TERMS FOR PROCESSING AGREEMENT

1. Definitions

For the purposes of this Agreement, the following expressions bear the following meanings unless the context otherwise requires: “Applicable Data Protection Laws” means the General Data Protection Regulation 2016/679 (“GDPR”) once it takes effect and any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument of the Data Controller’s Member State which implements the GDPR, the Data Protection Directive 95/46/EC and the e-Privacy Directive 2002/58/EC (in each case as amended, consolidated, re-enacted or replaced from time to time); “Customer Personal Data” means Personal Data provided by Data Controller to Data Processor for Processing on behalf of Data Controller pursuant to the Terms of Service; “Data Subject” means the living individuals who are the subject of the Customer Personal Data; “Model Clauses” means the standard contractual clauses for the transfer of Personal Data to data processors established in Third Countries set out in the Commission Decision of 5 February 2010 (C(2010) 593), as amended by EU Commission Implementing Decision 2016/2297 of 16 December 2016; “Personal Data”and “Process”, “Processed” or “Processing” have the meaning given in the GDPR; “Regulator” means the data protection supervisory authority which has jurisdiction over Data Controller’s Processing of Personal Data; and “Third Countries” means all countries outside of the scope of the data protection laws of the European Economic Area (“EEA”), excluding countries approved as providing adequate protection for Personal Data by the European Commission from time to time.

2. Conditions of Processing

This Agreement governs the terms under which Data Processor is required to Process Customer Personal Data on behalf of Data Controller. In the event of any conflict or discrepancy between the terms of the Terms of Service and this Agreement, the terms of this Agreement shall prevail, to the extent of the conflict.

3. Data Processor’s Obligations

  1. Data Processor shall only Process Customer Personal Data on behalf of Data Controller and in accordance with, and for the purposes of providing the Services. If Data Processor cannot provide such compliance for whatever reason (including if the instruction violates Applicable Data Protection Laws), it agrees to inform Data Controller of its inability to comply as soon as reasonably practicable.
  2. Data Processor shall ensure that its personnel who are authorized to Process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  3. Data Processor shall implement and hold in force for the term of this Agreement specific technical and organizational security measures as required by the GDPR.
  4. Data Processor shall notify Data Controller promptly upon receipt by Data Processor of a request from an individual seeking to exercise any of their rights under Applicable Data Protection Laws. Taking into account the nature of the processing, Data Processor shall, at Data Controller’s expense, assist Data Controller by appropriate technical and organizational measures, for the fulfillment of Data Controller’s obligation to respond to requests by Data Subjects to exercise their rights under Chapter III of the GDPR (including the right to transparency and information, the data subject access right, the right to rectification and erasure, the right to the restriction of processing, the right to data portability and the right to object to processing). Data Processor shall carry out a request from Data Controller to amend, correct, block, transfer or delete any of the Customer Personal Data to the extent necessary to allow Data Controller to comply with its responsibilities as a data controller.
  5. Taking into account the nature of the Processing under the Terms of Service and the information available to Data Processor, Data Processor shall, insofar as possible and at Data Controller’s expense, assist Data Controller in carrying out its obligations under Articles 32 to 36 of the GDPR and any other Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. Data Processor shall comply with GDPR breach notification requirements.
  6. Upon termination of the Processing of Personal Data by Data Processor (subject to Data Processor’s customer data retention policy) and at Data Controller’s request, Data Processor shall either (i) delete all Customer Personal Data; or (ii) return all Customer Personal Data to the Data Controller and delete existing copies unless applicable law requires storage of the Customer Personal Data.
  7. Data Processor shall upon written request from Data Controller from time to time provide Data Controller with all information necessary to demonstrate compliance with the obligations laid down in this Agreement.
  8. Data Controller acknowledges and agrees that Data Processor may, or may appoint an affiliate or third party subcontractor to, Process the Data Controller’s Personal Data in a Third Country, provided that it ensures that such Processing takes place in accordance with the requirements of Applicable Data Protection Laws. Data Controller hereby consents to Data Processor’s access to Customer Personal Data from the United States to the extent necessary for Data Processor to provide the Services.
  9. Where the Data Processor processes, accesses, and/or stores Customer Personal Data in any Third Country, Data Processor shall comply with the data importer’s obligations set out in the Model Clauses, which are hereby incorporated into and form part of this Agreement. The processing details set out at paragraphs a) to d) of the first page of this Agreement shall apply for the purposes of Appendix 1 of the Model Clauses and the terms of the Security Policy apply for the purposes of Appendix 2 of the Model Clauses. Data Controller hereby grants Data Processor a mandate to execute the Model Clauses, for and on behalf of Data Controller, with any relevant subcontractor (including affiliates) it appoints.
  10. Data Controller acknowledges and agrees that Data Processor relies solely on Data Controller for direction as to the extent to which Data Processor is entitled to access, use and process Customer Personal Data. Consequently, Data Processor is not liable for any claim brought by Data Controller or a data subject arising from any action or omission by Data Processor to the extent that such action or omission resulted from Data Controller’s instructions.

4. Data Controller’s Obligations

  1. Data Controller warrants that it has complied and continues to comply with the Applicable Data Protection Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Customer Personal Data by the Data Processor as set out in this Agreement and as envisaged by the Terms of Service.
  2. Data Controller agrees that it will indemnify and hold harmless Data Processor on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause 4 or any Applicable Data Protection Laws.

5. Sub-contracting

  1. Data Controller hereby consents to the use by Data Processor of the Subcontractors set out in the list of third party sub processors available upon request. If Data Processor appoints a new Subcontractor to Process Customer Personal Data, it shall update such list. In the event that Data Controller objects to the appointment, Data Controller’s sole remedy shall be to terminate the services provided by Data Processor. If Data Controller does not object, Data Processor may proceed with the appointment. Data Processor ensures that it has a written agreement in place with all Subcontractors which contains obligations on the Subcontractor which are no less onerous on the relevant Subcontractor than the obligations on Data Processor under this Agreement.

6. Termination

  1. Termination of this Agreement shall be governed by the Terms of Service, mutatis mutandis.

7. Law and Jurisdiction

  1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in all respects in accordance with the laws of the jurisdiction specified in the Terms of Service.

Refund and Returns Policy

 

Overview

Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

 

  • Gift cards
  • Downloadable software products
  • Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

 

  • Book with obvious signs of use
  • CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 30 days after delivery

 

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at {email address}.

Sale items

Only regular priced items may be refunded. Sale items cannot be refunded.

 

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at {email address} and send your item to: {physical address}.

 

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

 

Shipping returns

To return your product, you should mail your product to: {physical address}.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

Need help?

Contact us at {email} for questions related to refunds and returns.

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