Security and Ownership

  • Site Security. Gesatech uses sophisticated means of security in connection with its Services. Notwithstanding the foregoing, it is exclusively Subscriber’s obligation to maintain and control passwords to Subscriber’s web site(s) and accounts, and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber’s user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Gesatech of any unauthorized uses of the Service or any other breaches of security. Gesatech will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services. Any programs or scripts available via the cPanel interface are solely the Subscriber’s responsibility to update and secure.
  • Access and Control Policy. When a new account or domain name, as applicable, is registered with or transferred to Gesatech or with one of its affiliates, the process requires and results in the creation of the following within the records of Gesatech, in association with said new account or domain name: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.

1. If a person contacts Gesatech and claims that she or he is entitled to access to an account, website, or domain name registered with Gesatech or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Gesatech will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered or last paid for said account; ii) email address of the person who originally registered or last paid for said account; iii) the user name of the person who originally registered or last paid for said account, if possible; iv) the associated payment information of the person who registered or last paid for said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing he or she is the rightful possessor and user of said credit card or original payment medium or the one which was last used to pay for said account (mandatory). Otherwise, Gesatech will not give access and control to a claimant unless Gesatech is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (“ICANN”), requiring Gesatech to give such access and control to said claimant or unless there is submitted to Gesatech at support@gesatech.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Gesatech or of its affiliates shall not be deemed effective to give notice to Gesatech or its affiliates of any changes in said access or control.

2. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Gesatech arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Gesatech from all liability and all claims for damages or any other liability whatsoever that may arise out of Gesatech’s following said policy and procedure.

  • Transfer of Ownership. Gesatech is not responsible to determine ownership of websites hosted by, accounts opened with, or domains names registered with Gesatech or its affiliates. By accessing Gesatech’s system, registering, or using any of the services provided by Gesatech, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Gesatech or any of its affiliates are subject to the terms and conditions of Section 5.4 of these Terms.

1. Gesatech will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Gesatech or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager (support@gesatech.com) a written statement (in a form acceptable to Gesatech or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain name and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Gesatech is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (.ICANN.), requiring Gesatech (or affiliate) to transfer such ownership to said claimant.

2. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Gesatech; and, further, that any other changes made directly by Subscriber or by others within the online records of Gesatech or of its affiliates shall not be deemed effective to give notice to Gesatech or its affiliates of any changes in said ownership.

3. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Gesatech; and, further, that any other changes made directly by Subscriber or by others within the online records of Gesatech or of its affiliates shall not be deemed effective to give notice to Gesatech or its affiliates of any changes in said ownership.

  • Disputing Site or Account Ownership. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Gesatech or in an associated Gesatech account. Gesatech is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Gesatech or in an associated Gesatech account, and, in Gesatech’s sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Gesatech will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Gesatech of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Gesatech, in its sole judgment, deems to be a reasonable time, then Gesatech, at its option and without any obligation to do so, may, in accordance with and subject to the laws of Ghana, file an interpleader action in a court of competent jurisdiction within Ghana for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Gesatech for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Gesatech under this section 5 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Gesatech to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Gesatech to a judgment against said rightful owner for all costs and all of Gesatech’s expenses relative to said interpleader action including without limit all of Gesatech’s court costs and reasonable attorney fees. No rights enumerated in this section 5.4 shall in any way diminish any other rights of Gesatech enumerated in any other section of these Terms or otherwise available to Gesatech at law or in equity.