SACHLITE INTERNET SERVICES

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES

Masitsa does not claim ownership of Content you submit or make available for inclusion on the SERVICES. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the SERVICES, you grant Masitsa the following worldwide, royalty-free and non-exclusive license(s), as applicable:

" With respect to Content you submit or make available for inclusion on publicly accessible areas of Masitsa Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the SERVICES solely for the purposes of providing and promoting the Masitsa SERVICES to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the SERVICES and will terminate at the time you remove or Masitsa removes such Content from the SERVICES.

" With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the SERVICES other than Masitsa Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the SERVICES solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the SERVICES and will terminate at the time you remove or Masitsa removes such Content from the SERVICES.

" With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the SERVICES other than Masitsa Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the SERVICES are those areas of the Masitsa network of properties that are intended by Masitsa to be available to the general public. By way of example, publicly accessible areas of the SERVICES would include Masitsa Message Boards, forums and all areas that are open to both members and visitors. However, publicly accessible areas of the SERVICES would not include portions of Masitsa Servers that are limited to members, Masitsa SERVICESs intended for private communication or areas off the Masitsa network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Masitsa.

10. CONTRIBUTIONS TO MASITSA

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Masitsa through its forum, or contact forums, you acknowledge and agree that:

(a) your Contributions do not contain confidential or proprietary information;

(b) Masitsa is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) Masitsa shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(d) Masitsa may have something similar to the Contributions already under consideration or in development;

(e) your Contributions automatically become the property of Masitsa without any obligation of Masitsa to you; and

(f) you are not entitled to any compensation or reimbursement of any kind from Masitsa under any circumstances.

11. INDEMNITY

You agree to indemnify and hold Masitsa and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the SERVICES, your use of the SERVICES, your connection to the SERVICES, your violation of the TOS, or your violation of any rights of another.

12. NO RESALE OF FREE SERVICESS

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SERVICES (including your Masitsa ID), use of the SERVICES, or access to the SERVICES, unless you are a member of the Masitsa Reseller SERVICES, utilizing the reselling platform to resell to end users and/other resellers.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Masitsa may establish general practices and limits concerning use of the SERVICES, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the SERVICES, the maximum number of email messages that may be sent from or received by an account on the SERVICES, the maximum size of any email message that may be sent from or received by an account on the SERVICES, the maximum disk space that will be allotted on Masitsa's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SERVICES in a given period of time. You agree that Masitsa has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the SERVICES. You acknowledge that Masitsa reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Masitsa reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICES

Masitsa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SERVICES (or any part thereof) with or without notice. You agree that Masitsa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SERVICES.

15. TERMINATION

You agree that Masitsa may, under certain circumstances and without prior notice, immediately terminate your Masitsa account, any associated email address, and access to the SERVICES. Cause for such termination shall include, but not be limited to,

(a) breaches or violations of the TOS or other incorporated agreements or guidelines,

(b) requests by law enforcement or other government agencies,

(d) discontinuance or material modification to the SERVICES (or any part thereof),

(e) unexpected technical or security issues or problems,

(f) extended periods of inactivity,

(g) engagement by you in fraudulent or illegal activities, and/or

(h) nonpayment of any fees owed by you in connection with the SERVICES.

Termination of your Masitsa account includes

(a) removal of access to all offerings within the SERVICES, including but not limited to Hosting accounts, Email SERVICES, SQL databases, Scripts,and others.

(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

(c) barring of further use of the SERVICES. Further, you agree that all terminations for cause shall be made in Masitsa's sole discretion and that Masitsa shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the SERVICES.

Refund Policy.

Refunds are issued at the sole discretion of Masitsa Internet (Mtukufu Internet Solutions-MIS). Masitsa Internet reserves the right not to issue a refund. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of SERVICES, SERVICES will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue SERVICES with Masitsa mid-way through the term. Payments which are deemed to be fraud which can be verified and certain to be fraud are eligible to a refund, subject to the terms and conditions of the payment provider such as PayPal, Money Bookers or 2Checkout.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SERVICES, including payment and delivery of related goods or SERVICES, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser(s). You agree that Masitsa shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SERVICES.

17. LINKS

The SERVICES may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Masitsa has no control over such sites and resources, you acknowledge and agree that Masitsa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Masitsa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or SERVICES available on or through any such site or resource.

18. MASITSA'S PROPRIETARY RIGHTS

You acknowledge and agree that the SERVICES and any necessary software used in connection with the SERVICES ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the SERVICES or by advertisers is protected by copyrights, trademarks, SERVICES marks, patents or other proprietary rights and laws. Except as expressly authorized by Masitsa or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SERVICES or the Software, in whole or in part.

18b FREE DOMAIN WITH UNLIMITED HOSTING

Free domain names which are included with the Unlimited Hosting accounts are the property of Masitsa Internet (MIS). Masitsa will always retain ownership of free domain names we register. If requested, Masitsa will allow the 'transfer' any free domains to an alternative hosting provider if a transfer administration fee is paid, which amounts to KSh.1800 (US$20). If the SERVICE has been provisioned for over 12 months Masitsa may waiver the above mentioned transfer fee. Masitsa reserves the right to cancel / transfer domain names which are provided with paid hosting accounts. We reserve the right to renew or allow the expiration of domain names we register.

19 USE OF ADVERT BLOCKERS

Masitsa may use adverts to subsidize the costs of running the SERVICES, the use of advert blockers, or the process of recommending advert blockers whilst using the SERVICES is forbidden. Violation will result in account termination.

20. DISCLAIMER OF WARRANTIES for our free services

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICESS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MASITSA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

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If you intend to create or join any SERVICE(S), receive or request any news, messages, alerts or other information from the SERVICES concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The SERVICES is provided for informational purposes only, and no Content included in the SERVICES is intended for trading or investing purposes. Masitsa and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the SERVICES, and shall not be responsible or liable for any trading or investment decisions based on such information.

24. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

25. NOTICE

Masitsa may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the SERVICES.

26. TRADEMARK INFORMATION

The Masitsa, Masitsa logo, Mtukufu trademarks and SERVICES marks and other Masitsa logos and product and SERVICES names are trademarks of Masitsa (the "Masitsa Marks"). Without Masitsa's prior permission, you agree not to display or use in any manner the Masitsa Marks.

27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Masitsa respects the intellectual property of others, and we ask our users to do the same. Masitsa may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Masitsa's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

" a description of the copyrighted work or other intellectual property that you claim has been infringed;

" a description of where the material that you claim is infringing is located on the site;

" your address, telephone number, and email address;

" a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

" a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send to: police@masitsa.com

28. GENERAL INFORMATION

Entire Agreement.

The TOS constitutes the entire agreement between you and Masitsa and governs your use of the SERVICES, superseding any prior agreements between you and Masitsa with respect to the SERVICES. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Masitsa SERVICES, affiliate SERVICES, third-party content or third-party software.

Choice of Law and Forum.

The TOS and the relationship between you and Masitsa shall be governed by the laws at Sheria House without regard to its conflict of law provisions. You and Masitsa agree to submit to the personal and exclusive jurisdiction of the courts located within the county.

Waiver and Severability of Terms.

The failure of Masitsa to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability.

You agree that your Masitsa account is non-transferable and any rights to your Masitsa ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. (This does not hold for our reseller/affiliate programs)

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICES or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

29. VIOLATIONS

Please report any violations of the TOS to: police@masitsa.com