Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, author, or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the TMCH Group’s Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the TMCH Group, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Website immediately or else provide TMCH Group with written parental approval. Our basic products and services are free to both Website owners & individual users. However, we may offer some paid upgrades for advanced features such as domain hosting or extra disk space or bandwidth.
Our products and services are designed to give Website owners as much control and ownership over their site as possible and to encourage users/members to express themselves freely. However, each site owner must be responsible for the content of their site. In particular, as a site owner, you must make certain that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, malware, viruses, or hate content).
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Website automatically.
Email addresses on the TMCH Group are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than NGN 50,000. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, and/or storing of the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership of any of our products or services, whether modified or unmodified. All products and services are the property of TMCH Group. Our products and services are provided ‘as are’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with TMCH Group) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Responsibility of Contributors
If you operate a Website, comment on a Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other type of electronic content.
By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful; your site is not named in a manner that misleads your readers into thinking that you are another person or company.
For example, your site’s URL or name is not the name of a person other than yourself or a company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TMCH Group or otherwise.
By submitting Content to TMCH Group for inclusion on the Website, you grant TMCH Group a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your site or Content. If you delete Content and advise TMCH Group, TMCH Group will use reasonable efforts to remove said Content from the Website (generally within two business days), but you acknowledge that caching and/or other references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, TMCH Group has the right (though not the obligation) to, in TMCH Group’s sole discretion (i) refuse or remove any content that, in TMCH Group’s reasonable opinion, violates any TMCH Group’s policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TMCH Group’s sole discretion. TMCH Group will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
TMCH Group has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use, or effects. By operating the Website, TMCH Group does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to TMCH Group. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated, must report the same to TMCH Group. TMCH Group disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content, there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which TMCH Group links, and that link to TMCH Group. TMCH Group does not have any control over those non-TMCH Group Websites and Webpages and is not responsible for their contents or their use. By linking to a non-TMCH Group Website or webpage, TMCH Group does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TMCH Group disclaims any responsibility for any harm resulting from your use of non-TMCH Group Websites and WebPages.
Copyright Infringement Policy
As TMCH Group asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TMCH Group violates your copyright, you are encouraged to notify TMCH Group. TMCH Group will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TMCH Group or others, TMCH Group may, at its discretion, terminate or deny access to and use of the Website. In the case of such termination, TMCH Group will have no obligation to provide a refund of any amounts previously paid to TMCH Group.
Intellectual Property (IP)
This Agreement does not transfer from TMCH Group to you or any TMCH Group or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with TMCH Group. TMCH Group, the TMCH Group domain, the TMCH Group logo, and all other trademarks, service marks, graphics, and logos used in connection with TMCH Group, or the Website are trademarks or registered trademarks of TMCH Group or TMCH Group’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TMCH Group or third-party trademarks.
TMCH Group reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TMCH Group may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Limitation of Liability
In no event will TMCH Group, its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TMCH Group under this agreement during the twelve (12) month period prior to the cause of action. TMCH Group shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless TMCH Group, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action, or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to the electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to have your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY, OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.