Legal

Overview

As a precondition and requirement to use the services available via Gesatech Solutions Limited (“Gesatech”), you, for yourself and for the company or other person(s), if any, representing (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Gesatech, its Partners, subsidiaries and affiliates. Each Subscriber is subject to these Terms, and by using Gesatech’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Gesatech. Further, Subscriber represents and warrants all information provided by Subscriber to Gesatech has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Gesatech in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Gesatech must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.

Gesatech intends to provide the best possible service to each of its Subscribers. Gesatech is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Gesatech reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

Subscribers may view the most current version of these Terms at https://gesatech.com/about-us/legal/. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Gesatech website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the his/her or its account as set forth in Paragraph 3 below.

Notwithstanding Gesatech’s right to alter these Terms without prior notice, Gesatech may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Gesatech, in its sole discretion, that said alteration may materially and adversely impact said Subscriber’s use of the Services.

If Subscriber is registering a new domain name with Gesatech, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

  Privacy Policy

Protecting Your Privacy

Gesatech Solutions respects your privacy. This Privacy Policy informs you of our privacy practices, and of the options you have with regard to how your personal information is collected and used. Gesatech Solutions (“Gesatech” or “We”) self-certifies the privacy policies described below in accordance with the U.S.-E.U. Safe Harbor principles, specifically, Notice, Choice, Onward Transfer, Access and Accuracy, Security, and Oversight/Enforcement.

1. Application

This Privacy Policy applies to all websites owned or used by Gesatech (“Gesatech’s Websites”), as well as all Web-based transactions in which Gesatech collects Personal Information (as defined below) from its customers. This Policy applies to all Personal Information received by Gesatech in any format including electronic, paper or verbal formats. Gesatech will not sell or share this information with third parties in ways different than what is disclosed in this Privacy Policy. On a global basis, Gesatech will, and will cause its affiliates to, establish and maintain business procedures that are consistent with this Policy.

2. Scope and Usage

Collection of Personal Information. For the purposes of this Policy, “Personal Information” means any information that identifies, or could be used by or on behalf of Gesatech to identify, an individual. Personal Information does not include information that is encoded, nor does it include publicly available information that has not been combined with non-public Personal Information. In order to provide you with the highest level of service, we ask that you voluntarily provide us with certain Personal Information about yourself. Your Personal Information includes your first and last name, your company name (if applicable), your physical address, and your email address. From time to time, we may also ask you to voluntarily provide us with the email addresses of your friends or colleagues, so they too can benefit from the various products and services offered by Gesatech Solutions and its trusted affiliates. Gesatech also collects information from commercially available sources that it deems credible. Such information may include your name, address, email address and demographic data. The information Gesatech collects from these commercial sources may be combined and cross-referenced with the information you provide to Gesatech.

Use of Your Personal Information. We use your Personal Information to provide you with the services which Gesatech is contractually obligated to provide to you. We also may use your Personal Information to assist you in completing a transaction, or to communicate with you about products or services. We may disclose your Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our website; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions). In addition, we may use your Personal Information in the aggregate to determine our customers’ demographics and preferences. By so doing, we are able to provide you with targeted services that you may find to be helpful and informative. Other than as stated in this Privacy Policy, we will not release your Personal Information to unknown or unaffiliated third parties, and we will not cross-reference your Personal Information with that of any other customer or entity.

Sharing of Your Personal Information. On occasion, we may hire third parties to perform certain functions on our behalf. Examples include fulfilling orders, delivering packages, removing repetitive information from our customer lists, analyzing data, providing marketing assistance, and providing customer service. These third parties have access to your Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any information is provided to them, and they are restricted from using the information for other purposes. Where Gesatech has knowledge that one of Gesatech’s employees or agents is using or disclosing Personal Information in a manner contrary to this Policy, Gesatech will take reasonable steps to prevent or stop the use or disclosure. Gesatech holds its employees and agents accountable for maintaining the trust that our customers place in the company. Also, in the unlikely event that Gesatech or substantially all of Gesatech assets are acquired, your Personal Information may be one of the transferred assets. It is Gesatech practice to seek appropriate protection for information in these types of transactions.

Your Choices. You will have the option to opt-out of any uses of Your Personal Information in which your Personal Information would be disclosed to a non-agent third party, or where such information would be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Gesatech will provide you with reasonable “opt out” mechanisms to exercise your choice before Gesatech discloses any information as described in the paragraph.

Accuracy & Access. Gesatech will take reasonable steps to ensure that you Personal Information is relevant, accurate, complete and current, to its intended use. We provide individuals with reasonable access to personal information that they provided to us, as well as the ability to review and correct such information, as applicable. To protect your privacy and security, we also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your Personal Information. To view and change the Personal Information that you directly provided to us, you can return to the Web page where you originally submitted your data and follow the instructions on that Web page, or contact Gesatech Privacy Officer. In addition, we may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, we may charge a reasonable fee, where warranted, for access to Personal Information.

Security. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of your Personal Information, we utilize physical, technical and administrative procedures to safeguard the information we collect. Among other things, we use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data, such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see the symbol of either an unbroken key or a closed lock (depending on your browser) at the bottom of your browser window. We also use firewalls and restricted access methods to ensure the security of the information we collect. We limit access to your Personal Information and data to those persons in Gesatech, or agents of Gesatech, that have a specific business purpose for maintaining and processing such information. Gesatech employees who have been granted physical access to your Personal Information will be made aware of their responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so. In addition, Gesatech Websites use cookies. A “cookie” is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used at Gesatech Websites: persistent cookies or session cookies. A persistent cookie gets entered by your Web browser into the “Cookies” folder on your computer and remains there after you close your Web browser. Persistent cookies may be used by your browser on subsequent visits to the site; however, session cookies are held temporarily in your computer’s memory and disappear after you close your browser or shut off your computer. If you have arrived at any of Gesatech Websites by clicking on a banner ad for one of Gesatech products or services, a session cookie may be used. This cookie contains an identification number for the advertisement that you clicked on, and it helps Gesatech determine which of its ads attracts the most visitors. If you choose to request further information from us about Gesatech products and services, the personal information that you provide in that request will be linked to the information in the session cookie. In order to better understand how our sites are used, Gesatech Websites may also use persistent cookies along with other information collected in our servers’ files (e.g., IP Address, referring URLs, etc.). Such information is not combined with information from any other cookie.

Contact for Privacy Issues. All privacy related issues should be forwarded to support@gesatech.com.

3. Dispute Resolution

Gesatech will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Gesatech and the complainant, we have agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities to resolve disputes pursuant to the Safe Harbor Principles. In the event that we or such authorities determine that we did not comply with this policy, we will take appropriate steps to address any adverse effects and to promote future compliance. Any person who we determine is in violation of our privacy policies will be subject to disciplinary process.

4. Changes to This Privacy Policy

The practices described in this Policy are the current Personal Information protection policies as of March 15, 2010. Gesatech reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Appropriate notice will be given concerning such amendments

 

  Return & Cancellation

Returns and Refunds

Return for Products are accepted within 15 days of the date of purchase, subject to 25% restocking fee. All returns must be sent in the original package; in the same condition it was received. Damaged or defective products will only be accepted when accompanied by an authorization previously issued by Gesatech or its affiliates. Defective or damaged materials will be exchanged with the same material at no additional cost, as long as our customer service department is informed within 24 hours of delivery. All materials will be inspected to determine whether the item appears defective. Contact our customer service department on +233-(0) 20 870 1524 at returns@gesatech.com to obtain a return or exchange authorization. The return authorization must be affixed to the package. Shipments without a return authorization will not be accepted.

Order Cancellation

To cancel an online order placed with Gesatech Solutions, you must contact customer service within 24 hours. Every effort will be made to accommodate the cancellation of your order, as long as it has not been processed or shipped yet. When contacting customer service to cancel an order, please note that your name, the order number, and your contact information will be demanded. In case your order has not shipped, you will receive a full refund. Please note that, if the item has shipped, the order cannot be cancelled. In this case you can request to return the item for a refund (minus shipping costs and 25% restocking fee). An order for domain name registration, digital certificates and IP addresses can not be cancelled once provisioned.

Performance Guarantee

Performance Guarantee is our commitment to your business. Gesatech issues a Service Level Agreement (SLA) as a standard part of each subscription service agreement. This SLA spells out specific targets for each service, how they are measured and reported, what compensation is offered when we don’t meet those targets. Where applicable, Gesatech provides quarterly performance reports that identify how well we performed against each target. In the event that monthly targets are not met, we may issue a credit against the following month’s invoice.

Payment & Renewal

Payment & Renewal (Accounts & Domain Names)

Term of Service. The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and subsequent payment for said services. Term of Service terminates as set forth in Paragraphs 2.04 and 3.01.

Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Gesatech from time to time.

Automatic Renewal of Account and/or Domain Name. As a courtesy and not as an obligation (contractual or otherwise), thirty (30) days prior to the expiration of Subscriber’s hosting account, Gesatech will automatically renew Subscriber’s hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. Likewise, as a courtesy and not as an obligation (contractual or otherwise), thirty (30) days prior to the expiration of Subscriber’s domain, if registered with Gesatech (or one of its Affiliates), or if transferred to and registered with Gesatech (or one of its Affiliates), Gesatech will automatically renew Subscriber’s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its account or domain name registration is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Gesatech. While consenting to Gesatech’s performance of said courtesy, Subscriber hereby releases Gesatech from all liability for its failure for any reason to renew said account or said domain name. Subscriber acknowledges that there may be many reasons why Gesatech is unable to renew said account or domain, including but not limited to inability of Gesatech, for any reason, to bill said renewal to Subscriber’s credit card, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain name, if not renewed, for whatever reason, will expire on the account or domain name expiration date, as applicable. In the event that a domain name expires, Gesatech will hold the expired domain name for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the domain name will fall into Redemption. During the Redemption period the domain name will be inaccessible and unable to be registered elsewhere. In order to bring a domain name out of Redemption, Subscriber must pay a Redemption fee, as well as a renewal fee for the current year. Domain name registration vouchers cannot be applied toward the cost of Redemption. If the domain name is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the domain name will be released for registration. During the Pending Delete period, the domain name will be inaccessible and unrecoverable.

Cancellation of Automatic Renewal of Account or Domain Name. To cancel Automatic Account Renewal or Automatic Domain Name Renewal, Subscriber must notify Gesatech of Subscriber’s intent to cancel at least sixteen (16) days prior to the account or domain name expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Gesatech, as applicable, by sending same via email to cancellation@gesatech.com. Gesatech agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber’s hosting account and/or domain name, as applicable, shall expire on the account expiration date.

Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Gesatech Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth here

 

  Cookie Policy

  • General Purposes. Gesatech understands that many of its Subscribers are concerned about “cookies”, which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Gesatech provides this Cookie Policy Statement to let you, the Subscriber, know how Gesatech uses this technology. Gesatech uses cookies to help it improve its website and web hosting services, and, most importantly, to provide Gesatech’s existing Subscribers with the opportunity for continued savings and increased convenience.
  • Cookies for Improving Our Web Site. Gesatech uses cookies to inform Gesatech of a repeat visit. The cookie does not tell Gesatech who a visitor is, the visitor’s name, email address, or Passwords.
  • Cookies for Banner Rewards Program. To offer Gesatech Subscribers continued savings, Gesatech uses cookies to help monitor the traffic generated from Gesatech banners and logo buttons displayed on Gesatech Subscribers’ websites. For every new Gesatech Subscriber that is introduced to Gesatech through a Subscriber’s website, the Subscriber receives a credited discount.
  • Cookies for Subscriber Account Management. For Gesatech Subscribers, Gesatech uses cookies to store user names for added convenience to the Webmaster. As part of our Gesatech web hosting package, Gesatech offers password-protected, web-based management tools. By storing a Subscriber’s username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) Gesatech is dedicated to using the newest technologies in order to simplify our Subscribers’ experience

Service Level Agreement

Coverage. This Service Level Agreement (SLA) applies to dedicated servers, cloud servers, hosting information systems, web hosting, reseller hosting and e-commerce services. As used in this agreement, the term “Service Availability” means the amount of time in a month (expressed as a percentage) the content of Subscriber’s website or Operating System is available for access by third parties via HTTP, HTTPS, Remote Desktop, Terminal Services and SSH, as measured by Gesatech.

Up time Guarantee. 99.9%

Remedy. Subject to below, if the Service Availability of Subscriber falls below 99.9% in any given month, Gesatech will issue Subscriber credit of the service charge for that month as follows:

Server Availability Credit Percentage:99.8% to 98.00% = 10%
97.99% to 95.00% = 15%
Less than 94.99% = 20%

Exceptions: Subscriber shall not receive any credits under this SLA in relation to a deficiency of Service Availability caused by or associated with:

  1. Circumstances beyond Gesatech’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. Scheduled maintenance and emergency maintenance and upgrades;
  3. DNS issues outside the direct control of Gesatech;
  4. Issues with FTP, POP, or SMTP Subscriber access;
  5. False SLA breaches reported as a result of outages or errors of any Gesatech measurement system;
  6. Subscriber’s acts or omissions (or acts or omissions of others engaged or authorized by Subscriber), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach ofGesatech’s Terms and Conditions and Acceptable Use Policy;
  7. E-mail or webmail delivery and transmission;
  8. DNS (Domain Name Server) Propagation.
  9. Outages elsewhere on the Internet that hinder access to your account. Gesatech is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Gesatech will guarantee only those areas considered under the control of Gesatech: Gesatech server links to the Internet, Gesatech’s routers, and Gesatech’s servers.

Promotional Pricing. Gesatech may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Gesatech will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.

Backups. For its own operational efficiency and purposes, Gesatech from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms, except in the case of online backup services and hosted information systems such as gFinance. It is solely Subcriber’s duty and responsibility to backup his/her/its files and data on Gesatech Servers. Under no circumstance will Gesatech be liable to anyone for damages of any kind under any legal theory for loss of Subscriber file and/or data on any Gesatech server.

Hosted Information Systems Backups. Gesatech will backup servers once a day. Subscriber may be provided a link to download database backups upon request.

Support: All Gesatech Hosting Services include basic support. Additional support may be purchased by contacting sales. The level of support offered for each product/service is described in the specific product information. All Subscribers have 24×7 access to Support Tickets and Live Chat at https://gesatech.net. Additional support channels may be provided based on the type of subscription.

Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Gesatech may be monitored, recorded, and examined by an authorized person, including law enforcement. In general, Gesatech does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Gesatech becomes aware of any violation of these Terms, Gesatech may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website or system, denying access to the Services or to the Internet via Gesatech, and/or removing non-complying information. In addition, Gesatech may take any lawful action against a Subscriber or a subscriber patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber patron, customer, invitee, visitor, or guest. Gesatech reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Gesatech may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Gesatech or others from harm, and/or to ensure the proper operation of the Services. Gesatech has no obligation to notify any person, including the Subscriber about whom information is sought, that Gesatech has provided the information.

Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Gesatech in order to avoid termination of Subscriber’s Gesatech account(s).

Duty to Notify Gesatech of Breach. If Subscriber discovers anyone on the Gesatech system violating any of these Terms or notices anything suspicious from the Gesatech network, Subscriber agrees to report the violation or suspicious activity to abusedesk@gesatech.com for investigation. Gesatech reserves the right to and will immediately terminate any account which Gesatech concludes to be in violation of any of these Terms.

Reservation of Rights. Gesatech reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Gesatech.

Severability. These Terms are binding upon Gesatech, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the said provision shall be void. The rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

Parked Pages. Gesatech provides Parked Pages on domains registered through or hosted with Gesatech. User can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Gesatech. By using any of the Parked Pages Services, User agrees that Gesatech may point the domain name or DNS to one of Gesatech’s or Gesatech’s affiliates web pages, and that they may place advertising on User’s web page and that Gesatech specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User’s Parked Pages. User agrees to indemnify and hold harmless Gesatech for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Gesatech chooses to take to remedy User’s improper or illegal use of a Web site hosted by Gesatech. User agrees it is not entitled to a refund of any fees paid to Gesatech. If a dispute arises as a result of one or more of User’s Parked Pages, User will indemnify, defend and hold Gesatech harmless for damages arising out of such dispute. User also agrees that if Gesatech is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Gesatech that Gesatech, in its sole discretion, may take whatever action Gesatech deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

Governing Law. These Terms shall be governed by the laws of the Republic of Ghana without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Gesatech, Subscriber agrees that all disputes, if any, involving Gesatech shall be subject exclusively to the jurisdiction of the Courts within the Republic of Ghana; provided, further, that all action brought against Gesatech must be brought to the Republic of Ghana. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Gesatech. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under the Republic of Ghana’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Gesatech outside the Republic of Ghana; and, that Subscriber, if involved before a court in a lawsuit outside of the Republic of Ghana, shall be deemed to support and to stipulate to a motion made by Gesatech to dismiss said lawsuit with respect to Gesatech.

Prohibited Uses

Breach of Terms and Account Termination

The uses of Gesatech Services set forth in this section 8 herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Gesatech) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.

Excessive Resource Usage. Execessive resource usage constitutes any activity that causes a subscriber’s account to consume more than 10% of CPU and Memory in a shared resource environment. Any activity that overloads the servers or disrupts other Gesatech Subscribers’ use of network resources, be they caused by poorly coded scripts, bulk emailing, large website traffic etc is strictly not allowed and will result in account termination without prior notice.

Spamming. Spamming, whether or not it overloads the Services or disrupts service to Gesatech’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Gesatech requires that all email messages contain an automated opt out. We do not allow purchased lists. Gesatech’s Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Gesatech reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Gesatech allows a MAXIMUM of 200 emails per hour to be sent from any individual hosting account.

Mailing Lists. Gesatech allows legitimate, double opt-in mailing lists of 4,300 maximum on shared hosting accounts. Mailing lists greater than 4,300 are prohibited as they exceed the allowed maximum of 200 outgoing emails per hour and cause significant server overload. See this guide for how to configure a mailing list for problem-free email delivery: https://gesatech.net/knowledgebase/197/Mailing-Lists.html

Backup Storage. Gesatech offers its hosting services to host web sites, not to store data. Using a hosting account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. Subscriber is however at liberty to use all accounts for their intended purposes as advertised by Gesatech.

Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

Profanity. Profanity or profane subject matter in the site content and in the domain name is prohibited.

Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of adults and children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Gesatech is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).

Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, malware, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. Rapid Leech is expressly prohibited.

Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

Anonymous Proxies. Gesatech does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Gesatech is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

Other Illegal Activities. The use of the Services to engage in any activity that is determined by Gesatech, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Gesatech will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene (including adult pornography), defamatory, harassing, abusive or threatening language is prohibited.

Other Activities. Engaging in any activity that, in Gesatech’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Gesatech’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Gesatech’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Gesatech in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

Ownership & Site Security

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.

Unlimited Usage

What “Unlimited” means. As applicable to certain services and hosting packages, Gesatech does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Gesatech makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

What “Unlimited” DOES NOT mean. In the case of shared hosting, Gesatech employs complex mechanisms to protect its Subscribers and systems from abuse. Gesatech’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

Gesatech will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Gesatech does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Gesatech can evaluate said sites resource needs.

Unlimited Hosting Space. With regards to shared hosting, Gesatech does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Gesatech charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that Gesatech’s hosting service is designed to host websites. Although Gesatech provides online storage and backup services, its shared hosting service is NOT unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server and Gesatech may request that the number of files be reduced to ensure proper performance. Rapid Leech is prohibited on our servers.

Unlimited File Transfer. As applicable to unlimited shared hosting packages, Gesatech does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Gesatech charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Gesatech reserves the right to limit processor time, bandwidth, or processes, memory, or number of files in cases where it is necessary to prevent negatively impacting other Subscribers.

Unlimited Domain Hosting. As applicable to certain hosting packages, Gesatech does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.

Copyright Notice Infringment

In accordance with World Intellectual Property Organization (WIPO) treaties, Gesatech has adopted a policy that provides for termination of websites hosted by Gesatech that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Gesatech or a Gesatech subsidiary, and the copyright holder wants Gesatech to remove the website or disable the material in question, Gesatech will remove the website or disable the material if the copyright holder provides us with all of the following information.

  • A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
  • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
  • A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Warranty Disclaimer & Limitations

Warranty Disclaimer.You, the subscriber, acknowledge that the services and the software are provided “as is, as available” without any warranty of any kind. Gesatech hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by gesatech or gesatech’s representatives including, without limitation, subscriber support representatives, shall create a warranty. Gesatech disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programmes and content. Gesatech does not guarantee that users will be able to use the services at times or locations of their choosing. Gesatech does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or Gesatech in particular.

Limitations on Gesatech’s liability. Gesatech shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall Gesatech be liable under contract, negligence, tort, conversion, copyright infringement, trademark infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not Gesatech has been advised of the possibility of such loss or damages. Gesatech shall not be liable for the cost of procurement of substitute goods, services or technology. Gesatech’s entire liability and subscriber’s exclusive remedy with respect to any use of the services is the cancellation of subscriber’s account as set forth herein. In no event shall Gesatech’s liability to you, the subscriber, exceed any amounts actually paid in cash by you, the subscriber, to Gesatech for the prior one month period. No action, regardless of form, arising out of these terms or out of the services may be brought by you, the subscriber, more than one year after the event which gave rise to the cause of action . Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Gesatech’s liability shall be limited to the greatest extent permitted by law.

Indemnification of Gesatech Solutions. You, the Subscriber, agree to defend, indemnify and hold Gesatech, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Gesatech’s own gross negligence or willful misconduct. Gesatech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.

Prohibited Persons, Countries & Entities

Sanctioned Countries: The government of the Republic of Ghana, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the Republic of Ghana, through rules and regulations of the Republic of Ghana, Ministry of Finance, and Ministry of Trade and Industry, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the Republic of Ghana, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries (“Sanctioned Countries”) on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. “Sanctioned Countries” shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the Republic of Ghana, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the Republic of Ghana from time to time.

  • Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Gesatech.
  • Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gesatech, regardless of where said individual is located.
  • Prohibited Organizations/Entities. The government of the Republic of Ghana, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the Republic of Ghana, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively “Prohibited Organizations/Entities” and individually “Prohibited Organization/Entity”) are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with Ghana, its citizens and residents. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gesatech.
  • Prohibited Individuals. The government of the Republic of Ghana, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the Republic of Ghana, through rules and regulations of the Republic of Ghana and ministries of the state, has determined that certain individuals (collectively “Prohibited Individuals” and individually “Prohibited Individual”), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the Republic of Ghana, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of Ghana, United Nations, African Union and Ecowas. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Gesatech.