| Please carefully read the Terms and Conditions of Use for Service in AfriOne facilities and for AfriOne products that follow. If you concur with the terms and conditions as listed you are free to continue to make use of this computer, its Internet connection, and other facilities. The use of these will represent your full acceptance of the terms and conditions of use stated here. If you do not agree with all of the terms and conditions you may not continue to use this computer, its Internet connection, or your free AfriOne.com email address and you should return to reception and request a refund.
Denial of Service
AfriOne and its staff reserve the right to deny entry to any person or refuse the use of any and all facilities and equipment, for any reason whatsoever. Good manners and good behavior is sought from all customers, for the comfort and enjoyment of the facility by other customers.
Cleanliness of Facilities
While using AfriOne facilities, please use clean hands on the equipment and please do not touch the screen with greasy fingers. In addition make sure to be cautious with all food and drinks when using the equipment. (Any damage will have to be paid for)
Registration Obligations and Fees
In consideration of your use of the Service, you agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's registration form; and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AfriOne has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AfriOne has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registration for use of AfriOne facilities or for an AfriOne.com email address are completely free of charge. Any persons attempting to make a customer pay for such should be immediately reported to an AfriOne administrator. The only charges will be for the desired surfing minutes as well as for printing and other ancillary services
Member Account, Password, & Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AfriOne of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AfriOne cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AfriOne, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AfriOne does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AfriOne be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. USERS OF AFRIONE INTERNET AND EMAIL FACILITIES ARE PROHIBITED FROM: a.
uploading, downloading, posting, emailing, transmitting or otherwise making available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable.
b.
uploading and downloading material that will harm minors in any way;
c.
uploading and downloading any form of pornographic material;
d.
impersonating any person or entity, including, but not limited to, an AfriOne official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e.
forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the AfriOne Service;
f.
uploading, downloading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g.
uploading, downloading, posting, emailing, transmitting or otherwise making available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This prohibition shall include, without limitation, the following forms of software piracy:
i. Making available copyrighted software or other Content that has had the copyright protection removed.
ii. Making available serial numbers for software that can be used to illegally validate or register software.
iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
iv. Making available any software files for which the user does not own the copyright or have the legal right to make available. h.
uploading, downloading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," ?Advanced Fund/Fee Fraud (419)? or any other form of solicitation, except in those areas that are designated for such purpose;
i.
uploading, downloading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j.
interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
k.
selling, distributing, or making any commercial use of data obtained from any AfriOne database or website; or make any other use of data from any AfriOne database in a manner which could be expected to offend the person for whom the data is relevant;
l.
intentionally or unintentionally violating any applicable local, state, national or international law, and any regulations having the force of law;
m.
"stalking" or otherwise harassing another; or collecting or store personal data about other users;
n.
uploading, downloading, posting, emailing, otherwise transmitting, or posting links to any materials, or act in any manner, that is offensive to the AfriOne Limited community of the spirit of these Terms and Conditions of Use;
o.
Advertising, offering for sale, or selling any of the following items:
* Any firearms, explosives, or weapons.
* Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
* Any alcoholic beverages.
* Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
* Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
* Any controlled substances or pharmaceuticals.
* Any items that are counterfeit or stolen.
* Any dangerous items.
* Any goods or services that do not, in fact, exist.
* Any items that violate or infringe the rights of other parties.
* Any items that you do not have the legal right to sell.
By using AfriOne Internet facilities, you acknowledge and agree that AfriOne and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation AfriOne and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions of Use or is otherwise objectionable as determined by AfriOne, in its sole discretion. AfriOne may also terminate access to, or membership in, any aspect of AfriOne services, or any portion thereof, for violating these Terms and Conditions of Use. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of AfriOne services.
You expressly acknowledge and agree that AfriOne may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AfriOne, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by AfriOne with regard to its users may be disclosed in strict confidence by AfriOne Limited.
AfriOne also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, an AfriOne Mail account may be terminated or suspended if a user account remains dormant for an extended period of time. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
Rules for Downloading software, graphics, e-mail, and other electronic media of AfriOne computers at our proprietary NetCentres
a. As with any software available on the Web, you should carefully read the licensing agreements and honour any evaluation or shareware terms specified. You should also read all instructions and any README files that may be associated with the software. AfriOne does not allow any software to be installed on it?s systems by clients at any time.
b. We also require all users to be aware that there are laws in relation to the use of the Internet in Nigeria and we accept no responsibility whatsoever in relation to any data, software, program, graphics or image file that may be downloaded from this location that may in some way contravene any such laws and advise that we will assist any law enforcement agency in the prosecution of any person who may break such laws at this location.
c. All forms of Pornography are prohibited.
General Rules and Regulations for the use of AfriOne Computers
a. You should be aware that while we do virus checking on a regular basis and remove any suspect files, new viruses are being discovered all the time and we make no representation that this computer is virus-free, although all precautions have been taken.
b. While we've taken every care to ensure that the computer and software provided is useful and works, we cannot and do not accept responsibility or liability for any of the products included except where we are required by law to do so.
c. The Computer is required to be left in the original state (with this default message shown on the screen).
d. The client/customer is not authorized to shutdown, or restart AfriOne systems.
e. The client/customer is not authorized to install, modify, or delete any software on AfriOne systems.
PENALTY COSTS
In the event that equipment, being used by a customer, becomes inoperable, for any reason other that normal ware and tear breakdown, the customer will be required to pay a loss of income cost of 50% of the otherwise chargeable costs, until the equipment becomes reinstated. Additional costs associated with Technical Assistance required for repair and/or reinstatement of the equipment, chargeable at the prescribed rate, in 15 minute units, are required to be paid and these charges will apply in respect of (but not limited to) malicious or negligent behaviour or through accident or by VIRUS infection, while the equipment is being used by a customer.
Responsibilities:
We have no responsibility or liability (whether in contract, negligence, misrepresentation or otherwise) in relation to the Computer or the software on this computer or your use of them, and we make no express or implied warranty in relation to the Computer or the software, except where liability or any warranties cannot be excluded by law.
Indemnity
You agree to indemnify and hold AfriOne Limited, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
Modifications of Service
AfriOne reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AfriOne shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of Service
You agree that AfriOne, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if AfriOne believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions of Use. AfriOne may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that AfriOne may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AfriOne shall not be liable to you or any third-party for any termination of your access to the Service.
DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES OF AFRIONE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AFRIONE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AFRIONE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. AFRIONE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFRIONE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. AFRIONE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. AFRIONE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. AFRIONE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY AFRIONE. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL AFRIONE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF AFRIONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE AFRIONE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL AFRIONE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
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