If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.
The following is the entire service agreement between Heartbit Computer Solutions Inc. (HEARTBIT COMPUTER SOLUTIONS®) and the personal or corporate account holder (YOU / YOUR).
1. Service - HEARTBIT COMPUTER SOLUTIONS® will provide YOU with storage space on a HEARTBIT COMPUTER SOLUTIONS® server for hosting a World Wide Web site (SITE) according to a selected plan at the site www.heartbitsolutions.com , in exchange for YOU paying the prescribed fee.
3. Fair Use Policy:
YOU agree to use the storage space provided to you by Heartbit Computer Solutions for the purposes of hosting YOUR website. YOU agree not to use our hosting services for personal file storage and doing so is prohibited and will, to Heartbit Computer Solutions' discretion, result in suspension and/or termination of YOUR account with or without notice nor compensation to YOU. Some examples that may warrant an account suspension/termination include, but is not limited to:
- Files containing pornographic content, videos, pictures
- Files containing copyrighted content, videos, music
- Warez and illegal/un-licensed/pirated software
- File upload, sharing, archive storage, backup, mirroring, and distribution sites
- Sites created for the intent to drive traffic to another site.
- any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by HEARTBIT COMPUTER SOLUTIONS®, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
- YOU agree not to engage in any activity that can overwhelm HEARTBIT COMPUTER SOLUTIONS® servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts;
- if YOU exceed the bandwidth limit for the service subscribed to, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional bandwidth, or reduce such bandwidth usage. Failure to comply will result in termination of YOUR account, without any compensation to YOU; and
- YOU may not use any images, marks, or other content on YOUR Web site that is owned by any HEARTBIT COMPUTER SOLUTIONS® partner, without explicit licence or consent from that partner.
5. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making back-ups) of same.
6. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.heartbitsolutions.com .
7. E-mail - e-mail service is subject to the following restrictions:
- YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by HEARTBIT COMPUTER SOLUTIONS®, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
- YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage;
- YOU will not send spam mail (i.e. unsolicited e-mail);
- YOU will at all times be liable for the safeguarding of YOUR password and account information; and
- if YOU breach any term of this Agreement, HEARTBIT COMPUTER SOLUTIONS® reserves the right to delete YOUR mailbox without any compensation to YOU.
8. User obligation - YOU will at all times keep HEARTBIT COMPUTER SOLUTIONS® apprised of YOUR current contact and billing information.
9. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, and upon receipt by HEARTBIT COMPUTER SOLUTIONS® of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defence in respect of such proceeding, and provided HEARTBIT COMPUTER SOLUTIONS® with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU.
12. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.
13. Limitation of Liability - HEARTBIT COMPUTER SOLUTIONS® is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the HEARTBIT COMPUTER SOLUTIONS® server, or losses or damages arising from the use of the content or services provided by HEARTBIT COMPUTER SOLUTIONS® or third parties in connection with HEARTBIT COMPUTER SOLUTIONS®. HEARTBIT COMPUTER SOLUTIONS® is not responsible for any financial losses by YOU in association with YOUR SITE.
14. Indemnity - YOU agree to indemnify and hold HEARTBIT COMPUTER SOLUTIONS® harmless from and against, and to reimburse HEARTBIT COMPUTER SOLUTIONS® with respect to, any and all losses of every nature whatsoever incurred by HEARTBIT COMPUTER SOLUTIONS® arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.
15. Termination - both YOU and HEARTBIT COMPUTER SOLUTIONS® have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. HEARTBIT COMPUTER SOLUTIONS® may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm HEARTBIT COMPUTER SOLUTIONS® servers or central processing units (CPUs), or engage in any conduct HEARTBIT COMPUTER SOLUTIONS® deems in its sole discretion to be disruptive or harmful.
16. Assignability - this Agreement is assignable to a third party by HEARTBIT COMPUTER SOLUTIONS® upon notice to YOU. Such notice will be published on the Web site www.heartbitsolutions.com
17. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise HEARTBIT COMPUTER SOLUTIONS® otherwise prior to said expiration. Renewal fees must be received by HEARTBIT COMPUTER SOLUTIONS® within 15 (fifteen) days of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 30 (ninety) days of expiration, all SITE and e-mail content will be deleted and removed from HEARTBIT COMPUTER SOLUTIONS® servers without any compensation or notice to YOU. HEARTBIT COMPUTER SOLUTIONS® reserves the right to not automatically renew any service plan.
18. Further Agreement - In the case of all products and services provided by third parties through Heartbit Computer Solutions, YOU further agree to be bound by the terms of service as promulgated by the relevant third party and updated and amended from time to time by the relevant third party.
19. General - the following terms apply:
- the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
- any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
- this Agreement, together with the policies prescribed at www.heartbitsolutions.com constitutes the entire Agreement between YOU and HEARTBIT COMPUTER SOLUTIONS®;
- any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
- this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
- HEARTBIT COMPUTER SOLUTIONS® maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
- any failure by HEARTBIT COMPUTER SOLUTIONS® in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
- all remedies available to HEARTBIT COMPUTER SOLUTIONS® under this Agreement survive termination of this Agreement without limitation
For direct information please contact us at
HeartBit Computer Solutions
Physical Address: Hazina Towers 9th Floor PSC Wing
Postal Address: P. O. Box 32499 - 00600 Nairobi
Tel : 020 2241449 / 2211447 / 2241479
24/7 Support: 020 8083989
Mobile: (+254) 723 588705 , (+254 733 686562 )