These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Host Kenya (“Host Kenya,” “we,” “us,” or “our”) regarding your use of our web‑hosting, domain registration and related services (collectively, the “Services”). By purchasing, accessing or using any of Host Kenya’s Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

1. Definitions

The following terms have the meanings indicated below (adapted from typical web‑hosting agreements)

• Contract – the agreement formed between Host Kenya and the Customer for the provision of Services.
• Customer – the individual or entity that orders or uses our Services.
• Services – all products and services that Host Kenya offers, including but not limited to domain name registration, website hosting, email hosting, website forwarding and related support.
• Hosting – the making available of the Customer’s domain name and website to the internet community.
• Domain Name – an internet protocol name identifier registered or reserved by Host Kenya with relevant registry authorities on behalf of the Customer.
• Server – the computer system and server equipment operated by Host Kenya or its subcontractors in connection with providing the Services.
• Input Material – any documents, data or other materials provided by the Customer to Host Kenya relating to the Services.

2. Acceptance of Terms

You affirm that you are at least 18 years of age and have the authority to enter into these Terms on behalf of yourself or the entity you represent. Your use of the Services constitutes acceptance of these Terms and all applicable policies (including our Privacy Policy). Host Kenya may update or modify these Terms at any time by posting an amended version on our website. Continued use of the Services after any changes are posted constitutes acceptance of the new Terms.

3. Services Provided

Host Kenya offers a variety of hosting and domain services, including: shared hosting, cloud hosting, email hosting, WordPress hosting and domain registration. Customers can search for and register domain names under various extensions (.co.ke, .com, .africa, .net, .org, .biz, etc.). We also provide SSL certificates, site security tools and access to tutorials and a knowledge base.

We strive to provide reliable hosting services with 99.9 % uptime, free SSL certificates, daily backups and local support. However, you acknowledge that internet‑based services may occasionally experience outages or interruptions. Host Kenya will use reasonable efforts to minimise downtime but does not guarantee uninterrupted service.

4. Account Registration and Customer Responsibilities

1. Accurate Information : You agree to provide complete and accurate information when signing up for an account or registering a domain name. You will promptly update this information to maintain its accuracy. Host Kenya is not responsible for problems arising from inaccurate information.
2. Account Security : You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Host Kenya is not liable for unauthorised access resulting from your failure to secure your credentials.
3. Compliance with Law : You agree to comply with all applicable laws, regulations and industry standards. “Illegal” acts include any activities that breach the criminal laws of Kenya. You are solely responsible for the legality of the content and data you host with us.
4. Backup Responsibilities : While Host Kenya performs regular backups, customers are responsible for maintaining their own backups of their website and data. Host Kenya is not liable for loss of data.

5. Acceptable Use and Content Restrictions

1. Lawful Use : The Services may only be used for lawful purposes. You may not upload, host or transmit any content that is illegal, harmful, threatening, defamatory, obscene, abusive, invasive of another’s privacy or otherwise objectionable. You must ensure that any materials (including domain names) do not infringe third‑party intellectual property rights.
2. Spam Policy : Host Kenya has a strict no‑spam policy. You agree not to send unsolicited bulk or commercial email (“spam”) using an address maintained on our servers. Commercial emails may only be sent to recipients who have opted in and must include a valid return address and an opt‑out method. We may require proof of opt‑in. Failure to comply with this policy may result in termination of Services.
3. Resource Usage : You must ensure that your use of CPU, bandwidth, memory and other resources does not negatively impact other customers. We reserve the right to suspend or limit accounts that cause system instability or excessive resource consumption.
4. Prohibited Activities : You may not use the Services to run or participate in pyramid schemes, fraudulent activities, malware distribution, crypto‑mining, botnets or any activity that interferes with the operation of the network.

6. Domain Registration and Transfer

1. Registration : When you register a domain name through Host Kenya, we act as your agent with the relevant registry operator. You must provide accurate registrant information and acknowledge that your contact details may be provided to the registry and, where required by law, published in the WHOIS database. Domain registrations are subject to the policies of ICANN and the applicable registry.
2. Domain Renewals : It is your responsibility to track domain expiration dates and renew domain registrations before expiry. Host Kenya will attempt to send renewal reminders, but we are not liable for expired domains.
3. Transfer of Domain Names : A transfer fee may apply when relocating your website or domain name to another provider. Host Kenya may refuse to process a transfer if outstanding fees have not been paid or if the necessary transfer agreement is not signed by the customer and transferee. Upon successful transfer, Host Kenya will no longer be responsible for the website or domain.

7. Fees, Payment and Refunds

1. Charges : You agree to pay all fees associated with your selected plan and any additional services. Charges are exclusive of taxes, which will be added where applicable. Host Kenya may vary its standard charges with at least one month’s notice.
2. Billing : Payment is due in advance unless otherwise agreed. If payment is not received on the due date, Host Kenya may charge interest on the outstanding amount and/or suspend or terminate Services.
3. Refunds : Fees are non‑refundable once Services have commenced, except where required by law or at Host Kenya’s discretion. Refund policies for specific services may be outlined on our website.
4. Currency : Prices and payments are quoted in Kenyan Shillings (KES) unless otherwise specified. Host Kenya accepts payment via M‑Pesa, credit/debit card and PayPal (as indicated on our website).

8. Term and Termination

1. Term : Unless otherwise specified, Services are provided for an initial term (e.g., one year) and will automatically renew for subsequent terms unless terminated by either party.
2. Termination by Customer : You may terminate Services by providing written notice at least 30 days prior to the next billing cycle. Domain name registrations are non‑refundable and terminate at the end of their registration period.
3. Termination by Host Kenya : Host Kenya may suspend or terminate Services immediately if you breach these Terms (and fail to remedy the breach within 30 days of notice), fail to pay charges when due, or engage in illegal or abusive activities. We may also terminate Services if required by law or in response to third‑party complaints.
4. Effect of Termination : Upon termination, Host Kenya may immediately remove your website and data from our servers. We may (at our discretion) retain your data for a limited period to allow you to retrieve it, provided all outstanding fees are paid.

9. Warranties and Limitation of Liability

1. Limited Warranty : Host Kenya warrants that the Services will be provided with reasonable skill and care. Except as expressly stated in these Terms, the Services are provided “as is” without warranties of any kind, whether express or implied.
2. Third‑Party Services : When Host Kenya resells or provides third‑party products (such as SSL certificates), we assign to you any warranties provided by the supplier and make no separate warranty
3. Limitation of Liability : Host Kenya is not liable for any indirect, consequential, incidental or special damages arising from your use of the Services, including loss of profits, data or business. To the extent permitted by law, our total liability for direct damages is limited to the amount you paid for the Services during the twelve months preceding the claim.
4. Force Majeure : We will not be responsible for failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, war, civil disorder, government actions, labour disputes, natural disasters, network or power failures or any other cause outside our control

10. Indemnification

You agree to indemnify, defend and hold harmless Host Kenya and its directors, employees and affiliates from and against any claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

11. Modifications to Services and Terms

Host Kenya may change or discontinue any aspect of the Services without notice to comply with statutory requirements or improve quality, provided such changes do not materially reduce the nature of the Services. We reserve the right to modify these Terms at any time. We will post the updated Terms on our website and indicate the effective date. Your continued use of the Services constitutes acceptance of the modified Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya. Before filing any lawsuit, the parties agree to first attempt to resolve disputes informally by contacting the other party via email and allowing a reasonable time to respond.

13. Notices

Any notices required or permitted under these Terms must be given in writing and delivered via email, postal mail or courier. Notice to Host Kenya must be sent to the address or email specified below; notice to you will be sent to the current email address on file for your account

14. Contact Information

For questions about these Terms or to report a violation, please contact Host Kenya:

• Phone: +254 775 091085
• Email: [email protected]
• Mail: Host Kenya, Nairobi, Kenya (we currently operate online and will provide a physical address upon request).

You may also submit a support ticket via our contact form on the Host Kenya website.

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By using Host Kenya’s Services, you acknowledge that you have read, understood and agreed to these Terms of Service.