General Terms of Use Agreement

  1. OVERVIEW

This Universal Terms of Service Agreement (this agreement) is entered into by and between Infinity Computers and Communications Company Limited (hereafter referred to as Infinity Computers, or simply as i3C), a firm incorporated in Uganda under the laws of Uganda and you, and is effective as of the date of your use of this website (site), or on the date of your electronic acceptance of this agreement.

This agreement sets forth the general terms and conditions of your use of the site and the products and services purchased or accessed through this site (individually and collectively, the services).

Other services agreements and policies apply to other services, and these are in addition to (not in lieu of) this agreement.

Whether you are simply browsing or using this site or purchase services, your use of this site and your electronic acceptance of this agreement signifies that you have read, understood, acknowledged and agreed to be bound by this agreement along with the applicable policies and the individual product agreements some of which are stated here and incorporated herein by reference below:

  • Hosting agreement
  • Domain Name Transfer agreement
  • Privacy policy
  • Refund policy

In the event of a conflict between the provisions of a services agreement and the provisions of this agreement, the provisions of the applicable services agreement shall prevail.

The terms we, us or our shall refer to Infinity Computers.

The terms you, your, user, partner, client or customer shall refer to any individual or entity who accepts this agreement, has access to your account or uses the services.

Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

  1. MODIFICATION OF AGREEMENT, SITE OR SERVICES

Infinity Computers may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site.

Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised.

If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.

In addition, Infinity Computers may occasionally notify you of changes or modifications to this agreement by email, or as published on our site.

It is therefore very important that you keep your account with us updated at all times.

Infinity Computers   assumes no liability or responsibility for your failure to read notices on our website, or your failure to receive an email notification if such failure results from an inaccurate email address.

In addition, Infinity Computers may terminate your use of services for any violation or breach of any of the terms of this agreement by you.

INFINITY COMPUTERS   RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

  1. ELIGIBILITY

This site and the services are available only to individuals or entities who can form legally binding contracts under the applicable laws of Uganda.

By using this site or the services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of Uganda or other applicable jurisdiction.

If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms you, your, user, client, partner or customer shall refer to such corporate entity.

If, after your electronic acceptance of this agreement, Infinity Computers   finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations.

Infinity Computers   shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by it to be genuine and originating from an authorized representative of your corporate entity.

If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Infinity Computers reserves the right (but undertakes no duty) to require additional authentication from you.

You further agree to be bound by the terms of this agreement for transactions entered into by you, anyone acting as your agent or anyone who uses your account or the services, whether or not authorized by you.

  1. YOUR ACCOUNT

In order to access some of the features of this site or use some of the services, you will have to create an account.

You represent and warrant to Infinity Computers that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete.

If Infinity Computers has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, Infinity Computers reserves the right, in its sole and absolute discretion, to suspend or terminate your account.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number or login, password, payment modes as permitted, and all private information such as personal identification number (PIN).

For security purposes, Infinity Computers recommends that you change your password or pin at least once every six (6) months for each account.

You must notify Infinity Computers immediately of any breach of security or unauthorized use of your account.

Infinity Computers will not be liable for any loss you incur due to any unauthorized use of your Account.

You, however, may be liable for any loss Infinity Computers or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  Be made aware that visiting this site and any other of our sites from a country other than the country in which you are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.

By visiting this site and communicating electronically with us, you consent to such transfers.

  1. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.

You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that we have no control over the availability of this site or the service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, Infinity Computers may offer new services (limited preview services or new features to existing services) in a pre-release version.

New services, new features to existing services or limited preview services shall be known, individually and collectively, as “beta services”.

If you elect to use any beta services, then your use of the beta services is subject to the following terms and conditions:

  • You acknowledge and agree that the beta services are pre-release versions and may not work properly;
  • You acknowledge and agree that your use of the beta services may expose you to unusual risks of operational failures;
  • The beta services are provided as-is so we do not recommend using them in production or mission critical environments;
  • Infinity Computers reserves the right to modify, change, or discontinue any aspect of the beta services at any time;
  • Commercially released versions of the beta services may change substantially, and programs that use or run with the beta services may not work with the commercially released versions or subsequent releases;
  • Infinity Computers may limit availability of customer service support time dedicated to support of the beta services;
  • You acknowledge and agree to provide prompt feedback regarding your experience with the beta services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral.

Any intellectual property inherent in your feedback or arising from your use of the beta services shall be owned exclusively by Infinity Computers;

  • You acknowledge and agree that all information regarding your use of the beta services, including your experience with and opinions regarding the beta services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Infinity Computers;
  • The beta services are provided “as is”, “as available”, and “with all faults”.

To the fullest extent permitted by law, INFINITY COMPUTERS disclaims any and all warranties, statutory, express or implied, with respect to the beta services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with INFINITY COMPUTERS.

You acknowledge and agree that the services may be provided by independent contractors or third party service providers.

All paid services are non-refundable.

  1. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this site and the services, including any content you submit, will comply with this Agreement, any applicable services agreement or policy that may apply to your services and all applicable local, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
  • You will not use this site or the services in a manner (as determined by Infinity Computers in its sole and absolute discretion) that:
    • o Is illegal, or promotes or encourages illegal activity;
    • o Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material;
    • o Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • o Promotes or facilitates prostitution and/or sex trafficking;
    • o Infringes on the intellectual property rights of another user or any other person or entity;
    • o Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • o Interferes with the operation of this site or the services found at this site;
    • o Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Infinity Computers or Infinity Computer’s Services.
    • o You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  1. You will not copy or distribute in any medium any part of this site or the services, except where expressly authorized by Infinity Computers.
  2. You will not modify or alter any part of this site or the services found at this site or any of its related technologies.
  3. You will not access Infinity Computers Content (as defined below) or user content through any technology or means other than through this Site itself, or as Infinity Computers may designate.
  • You agree to back-up all of your user content so that you can access and use it when needed.

Infinity Computers does not warrant that it backs-up any account or user content, and you agree to accept as a risk the loss of any and all of your user content.

  • You will not re-sell or provide the services for a commercial purpose, including any of Infinity Computer’s related technologies without our express prior written consent.
  1. You will not circumvent, disable or otherwise interfere with the security-related features of this site or the services found at this Site (including without limitation those features that prevent or restrict use or copying of any Infinity Computers Content or user content) or enforce limitations on the use of this Site or the Services found at this Site, the Infinity Computers Content or the user content therein.
  2. You agree to provide government-issued National Identification Card and/or government-issued business identification as required for verification of identity when requested.
  3. You are aware that Infinity Computers may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Infinity Computers asks you on any particular call for consent to record such call.

You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Infinity Computers is a party.

Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Infinity Computers that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Infinity Computers.

  • Without limiting any of the rights set forth elsewhere in this Agreement, Infinity Computers expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any user whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Infinity Computers policy, or who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Infinity Computers in its sole and absolute discretion).
  • If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Infinity Computers may cancel any service associated with your name, email address or account and close any associated Infinity Computers accounts.

If Infinity Computers, in its sole discretion, determines that any conducted activity is fraudulent, Infinity Computers reserves the right to take any necessary legal action and you may be liable for monetary losses to Infinity Computers including litigation costs and damages.

To contest cancellation of Services or freezing or closure of an account, please contact Infinity Computers support.

  1. USER CONTENT

Some of the features of this site or the services, including those services that are hosted with Infinity Computers, may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Infinity Computers that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Infinity Computers to treat your User Submissions as confidential or secret, that Infinity Computers has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Infinity Computers may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Infinity Computers shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Infinity Computers to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Infinity Computers a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Infinity Computers’ (and Infinity Computers’ affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Infinity Computers may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Infinity Computers shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Infinity Computers’ (or Infinity Computers’ affiliates’) business(es). If you have a website or other content hosted by Infinity Computers, you shall retain all of your ownership or licensed rights in User Content.

  1. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

  1. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Infinity Computers’ website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.

  1. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Infinity Computers generally does not pre-screen User Content (whether posted to a website hosted by Infinity Computers or posted to this Site). However, Infinity Computers reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Infinity Computers may remove any item of User Content (whether posted to a website hosted by Infinity Computers or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Infinity Computers in its sole and absolute discretion), at any time and without prior notice.

Infinity Computers may also terminate a User’s access to this site or the services found at this Site if Infinity Computers has reason to believe the User is a repeat offender.

If Infinity Computers terminates your access to this Site or the Services found at this site, Infinity Computers may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

  1. DISCONTINUED SERVICES; END OF LIFE POLICY

Infinity Computers reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Infinity Computers makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Infinity Computers, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Infinity Computers will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Infinity Computers in its sole and absolute discretion. Infinity Computers may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Infinity Computers in its sole and absolute discretion, Infinity Computers will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. Infinity Computers will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

  1. BETA SERVICES

From time to time, Infinity Computers may offer new Services (limited preview services or new features to existing Services) in a pre-release version.

New services, new features to existing services or limited preview services shall be known, individually and collectively, as “beta services”. If you elect to use any beta services, then your use of the beta services is subject to the following terms and conditions:

  • You acknowledge and agree that the beta services are pre-release versions and may not work properly;
  • (ii) You acknowledge and agree that your use of the beta services may expose you to unusual risks of operational failures; (iii) The beta services are provided as-is, so we do not recommend using them in production or mission critical environments;
  • Infinity Computers reserves the right to modify, change, or discontinue any aspect of the beta services at any time; (v) Commercially released versions of the beta services may change substantially, and programs that use or run with the beta services may not work with the commercially released versions or subsequent releases;
  • (vi) Infinity Computers may limit availability of customer service support time dedicated to support of the Beta Services;
  • You acknowledge and agree to provide prompt feedback regarding your experience with the beta services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience;
  • You acknowledge and agree that Infinity Computers may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our beta services;
  • You acknowledge and agree that all information regarding your use of the beta services, including your experience with and opinions regarding the beta services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Infinity Computers;
  • The beta services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral.

Any intellectual property inherent in your feedback or arising from your use of the beta services shall be owned exclusively by Infinity Computers.

To the fullest extent permitted by law, Infinity Computers disclaims any and all warranties, statutory, express or implied, with respect to the beta services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  1. FEES AND PAYMENTS

 (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Price Changes. Infinity Computers reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) “Mobile Money Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below), each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.

Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

In addition, INFINITY COMPUTERS may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation).  If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.  In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, INFINITY COMPUTERS will automatically update your payment profile on your behalf. INFINITY COMPUTERS makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.  Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and INFINITY COMPUTERS shall not be liable to you or any third party regarding the same.

If for any reason INFINITY COMPUTERS is unable to charge your Payment Method for the full amount owed for the Services provided, or if INFINITY COMPUTERS receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that INFINITY COMPUTERS may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  INFINITY COMPUTERS also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks INFINITY COMPUTERS may perform outside the normal scope of its Services, (ii) additional time and/or costs INFINITY COMPUTERS may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by INFINITY COMPUTERS in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by INFINITY COMPUTERS staff or by outside firms retained by INFINITY COMPUTERS; (iii) recouping any and all costs and fees, including the cost of Services, incurred by INFINITY COMPUTERS as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with INFINITY COMPUTERS.

INFINITY COMPUTERS may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment.

If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and INFINITY COMPUTERS makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

 (B) REFUND POLICY

Products and Services available for refunds are described under our Refund Policy.

 (C) PAY BY CHECK (ELECTRONIC PAYMENT)

By using Infinity Computers’ pay by check option (“Pay By Check”), you can purchase Infinity Computers Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars.

It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or Infinity Computers reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor Infinity Computers shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and Infinity Computers may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). Infinity Computers is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law of Uganda. These fees may be debited from your Checking Account using an EFT or bank draft.

Infinity Computers and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to Infinity Computers and Check Services Provider. You further expressly authorize Infinity Computers and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

(D) INTERNATIONAL PAYMENT OPTIONS

Infinity Computers offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Infinity Computers. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Infinity Computers.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or Infinity Computers reserve the right to decline a transaction for any reason and (ii) neither the IPP nor Infinity Computers shall be liable to you or any third party regarding the same. You acknowledge that Infinity Computers will not attempt to fulfill the Services purchased by you until Infinity Computers receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Infinity Computers does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Infinity Computers account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Infinity Computers receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Infinity Computers may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Infinity Computers reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Infinity Computers will be net of the IPP Fees unless otherwise specified.

 (E) EXPIRED DOMAIN NAME PURCHASES

For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.

  1. ADDITIONAL RESERVATION OF RIGHTS

Infinity Computers expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Infinity Computers in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Infinity Computers in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Infinity Computers, its officers, directors, employees and agents, as well as Infinity Computers’ affiliates, including, but not limited to, instances where you have sued or threatened to sue Infinity Computers, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Infinity Computers’ business, operations, reputation or shareholders.

Infinity Computers expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Infinity Computers expressly reserves the right to terminate, without notice to you, any and all Services where, in Infinity Computers’ sole discretion, you are harassing or threatening Infinity Computers and/or any of Infinity Computers’ employees.

Infinity Computers Content. Except for user content, the content on this site and the services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (Infinity Computers content), are owned by or licensed to Infinity Computers in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Republic of Uganda and other foreign countries, and other intellectual property rights under Ugandan and other foreign laws.

Infinity Computers Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Infinity Computers.

No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this agreement.

Infinity Computers reserves all rights not expressly granted in and to the Infinity computers content, this site and the services, and this agreement do not transfer ownership of any of these rights.

  1. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse.

Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka “adware” or “spyware” messages)
  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or website forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy.

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax.

Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

  1. TRADEMARK AND/OR COPYRIGHT CLAIMS

Infinity Computers supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Infinity Computers’ trademark and/or copyright infringement policy as referenced here.

  1. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Infinity Computers. Infinity Computers assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Infinity Computers does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Infinity Computers from any and all liability arising from your use of any third-party website. Accordingly, Infinity Computers encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

  1. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Infinity Computers and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Infinity Computers directly or indirectly arising from (i) your use of and access to this site or the services found at this Site; (ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

  1. COMPLIANCE WITH LOCAL LAWS

Infinity Computers makes no representation or warranty that the content available on this site or the services found at this site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.

Users who choose to access this site or the services found at this site are responsible for compliance with all local laws, rules and regulations.

  1. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

Disputes. The terms of this Section shall apply to all disputes between you and Infinity Computers, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above.

For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Infinity Computers arising under or relating to any Infinity Computers Services or Products, Infinity Computers’ websites, these Terms, or any other transaction involving you and Infinity Computers, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

 

YOU AND Infinity Computers AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Infinity Computers FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION.

Moreover, notwithstanding anything else in these terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

  1. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Infinity Computers is unable to issue payment to such customer or (ii) Infinity Computers issued payment to such customer in the form of a paper check, but the check was never cashed, then Infinity Computers shall turn over such account balance to authorities in Uganda in accordance with Ugandan law. You acknowledge and agree that in either case (i) or (ii) above, Infinity Computers may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.

  1. SUCCESSORS AND ASSIGNS

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

  1. NO THIRD-PARTY BENEFICIARIES

Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

  1. UGANDA EXPORT LAWS

This site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the Laws of Uganda, and other Uganda authorities (collectively, “Uganda Export Laws”).

Users shall not use the services found at this site to collect, store or transmit any technical information or data that is controlled under Uganda Export Laws.

Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any Uganda. Export Laws.

None of the services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which Uganda has embargoed; or any other denied parties lists under Uganda Export Laws.

By using this site and the services found at this site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all Uganda Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).

If you access this site or the services found at this site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with Uganda. Export Laws.

If such laws conflict with Uganda Export Laws, you shall not access this site or the services found at this site. The obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this Site.

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Each covenant and agreement in this agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

  1. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Infinity Computers and Communication Company Limited (i3C)

Plot 6B Windsor Loop, Kitante – Kampala

P.O Box 12510 – Kampala, Uganda

E-mail: info@i3c.co.ug

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