Terms and Conditions

Terms and Conditions

These Terms and Conditions govern the purchase and use of web hosting, domain registration, email hosting, cloud services, SSL certificates and related services provided by TopMostWeb Technologies, trading as TopMostWeb Hosting (“TopMostWeb,” “we,” “us” or “our”).

By creating an account, placing an order, accessing our client portal or using any of our services, you confirm that you have read, understood and agreed to these Terms and Conditions. If you are accepting these terms on behalf of a company or another organization, you confirm that you have authority to bind that organization.

1. Our Services

TopMostWeb provides services that may include:

• Shared and reseller web hosting

• Domain name registration, transfer and renewal

• Business email hosting

• SSL certificates

• Website migration and technical support

• Cloud hosting and related cloud solutions

• Website maintenance, backups and security services

• Other technology services displayed on our website or client portal

The features, resources, prices and limitations applicable to a service are those displayed on the relevant product page, quotation, invoice or order form at the time of purchase.

Some services are supplied through third-party infrastructure providers, domain registries, registrars, payment processors and software vendors. Your use of such services may also be subject to the applicable provider’s terms.

2. Account Registration

You must provide accurate, complete and current information when creating an account or purchasing a service. This may include your legal name, company name, address, telephone number, email address and identification or registration information.

You are responsible for:

• Keeping your contact and billing information up to date

• Protecting your account password and login credentials

• Enabling available security features, including two-factor authentication

• All activity performed through your account

• Informing us promptly if you suspect unauthorized access

We may request identity, business or payment verification before activating a service, processing a domain registration or restoring access to an account.

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase our services.

3. Orders and Service Activation

Submitting an order does not guarantee acceptance. We may reject or cancel an order where:

• The information supplied is incomplete, inaccurate or suspicious

• Payment has not been received or verified

• The requested service is unavailable

• The order appears fraudulent or unlawful

• Providing the service would expose our systems, customers or partners to security or operational risks

• The order violates these Terms and Conditions

Services are normally activated after successful payment and any necessary verification. Activation times may vary depending on the service, payment method, domain registry or third-party provider.

Automated activation may occasionally be delayed by technical problems or manual security checks.

4. Prices and Payment

All prices are displayed in the currency shown on our website, client portal, quotation or invoice. Unless expressly stated otherwise, prices do not include applicable taxes, transaction fees or third-party charges.

You agree to pay all invoices by their due dates. Payment may be accepted through M-Pesa, bank transfer, card, an approved payment gateway or another method made available by TopMostWeb.

A service is not considered paid until the payment has been successfully received and confirmed in our billing system.

Promotional and introductory prices may apply only to the initial billing period. Renewal prices may be different from the original purchase price. We may revise our prices by publishing updated prices or notifying affected customers before their next renewal.

You are responsible for reviewing invoices, renewal notices and the current renewal price before making payment.

5. Automatic Renewal

Where automatic renewal is enabled, you authorize TopMostWeb or its payment processor to charge the applicable renewal amount using your selected payment method.

Automatic renewal is not guaranteed. You remain responsible for confirming that:

• Your payment method is valid

• Sufficient funds are available

• The renewal invoice has been paid

• The service or domain has successfully renewed

Failure of an automatic payment does not remove your responsibility to renew the service before its expiry date.

6. Domain Registration and Management

Domain registrations, transfers and renewals are subject to the policies of the applicable registry, registrar and the Internet Corporation for Assigned Names and Numbers where applicable.

You are responsible for:

• Providing correct registrant information

• Maintaining accurate domain contact details

• Monitoring domain expiry and renewal dates

• Paying renewal invoices before the stated deadline

• Ensuring that your chosen domain does not infringe another party’s trademark, copyright or legal rights

• Supplying supporting documents required for restricted domain extensions

A domain search result does not guarantee availability. Final availability is determined when the registry accepts and completes the registration.

Domain registration and renewal fees are generally non-refundable once the transaction has been submitted to or completed by the registrar or registry.

Certain domain extensions may have eligibility, residency, documentation or intended-use requirements. We may request supporting documents before registering or transferring such a domain.

TopMostWeb does not guarantee that every domain transfer will succeed. Transfers may fail because of incorrect authorization codes, registrar locks, ownership disputes, expired domains, registry restrictions or other circumstances outside our control.

7. Domain Expiry

We may send domain renewal reminders as a courtesy, but you remain responsible for renewing your domains on time.

If a domain expires:

• Its website and email services may stop functioning

• It may enter a grace or redemption period

• Additional restoration or redemption fees may apply

• It may become available for registration by another person

TopMostWeb is not responsible for the loss of a domain caused by late payment, outdated contact information, ignored notices, unsuccessful payments or failure to complete a required verification process.

We cannot guarantee recovery of an expired domain.

8. Acceptable Use

You may use our services only for lawful purposes. You must not use, permit or assist anyone to use our services for:

• Spam or unsolicited bulk messaging

• Phishing, impersonation or fraudulent activity

• Malware, ransomware, viruses, spyware or malicious scripts

• Hacking, unauthorized access or security attacks

• Distribution of stolen information or credentials

• Hosting illegal, abusive, defamatory or exploitative content

• Copyright or trademark infringement

• Child sexual abuse or exploitation material

• Terrorism, incitement, hate-based violence or unlawful threats

• Cryptocurrency mining without written authorization

• Botnets, denial-of-service attacks or network disruption

• Deceptive investment, gambling or financial schemes

• Activities that violate Kenyan law or any other applicable law

• Any activity that threatens the availability, security or reputation of our infrastructure

You must not attempt to bypass account limits, security controls, access restrictions or resource allocations.

9. Server Resources and Fair Usage

Hosting services operate in a shared environment unless expressly sold as dedicated infrastructure. Customers must use allocated resources reasonably and in a way that does not adversely affect other users.

Excessive use may include sustained or disruptive consumption of:

• CPU

• Memory

• Disk space

• Disk input/output operations

• Network bandwidth

• Database connections

• Email processing capacity

• Server processes or concurrent connections

If your account causes performance, security or stability problems, we may temporarily limit resources, disable the affected process, suspend the service or require you to upgrade to a more suitable plan.

Features described as “unlimited” remain subject to reasonable use, technical limitations and the intended purpose of the hosting plan. Unlimited resources may not be used for general file storage, backup repositories, media archives, file sharing or activities unrelated to operating the hosted website or service.

10. Email Services

You must use email services responsibly and comply with applicable anti-spam and data-protection requirements.

You must not:

• Send unsolicited bulk email

• Use purchased, harvested or unauthorized mailing lists

• Send deceptive or fraudulent messages

• Distribute malware or harmful attachments

• Use our systems to conceal the origin of a message

• Continue sending messages to recipients who have opted out

Email delivery cannot be guaranteed. Messages may be delayed, rejected, filtered or placed in spam folders by receiving providers. TopMostWeb is not responsible for delivery decisions made by third-party email providers.

Accounts generating excessive complaints, bounces, spam reports or security risks may be restricted or suspended.

11. Website Migration

Where migration assistance is offered, it is provided on a reasonable-effort basis.

Successful migration depends on factors such as:

• Access to the previous hosting account

• Website size and configuration

• Software compatibility

• Database condition

• Availability of backups

• Cooperation from the former provider

We do not guarantee that every website, email account, setting or historical message can be migrated without interruption or data loss.

You should retain an independent copy of your website, database and email data until you have confirmed that the migration is complete and functioning correctly.

12. Backups and Customer Data

Unless a separate written backup service agreement states otherwise, backups are provided as a convenience and are not guaranteed.

You are responsible for maintaining current, independent backups of your:

• Website files

• Databases

• Email messages

• DNS records

• Application settings

• Other important data

Backups may be incomplete, unavailable, corrupted or retained for only a limited period. We do not guarantee that any specific backup can be restored.

TopMostWeb is not responsible for data loss resulting from customer actions, compromised credentials, software errors, malware, account suspension, hardware failure or circumstances beyond our reasonable control.

13. Security Responsibilities

We take reasonable measures to protect our hosting environment, but no system can be guaranteed to be completely secure.

You are responsible for:

• Using strong and unique passwords

• Keeping websites, applications, plugins and themes updated

• Removing unsupported or unused software

• Restricting administrator access

• Monitoring your website and account

• Keeping independent backups

• Reporting suspected security incidents promptly

We may isolate, restrict or suspend a compromised account to protect our infrastructure and other customers.

Security cleanup, malware removal, website repair and restoration may attract additional charges unless included in your service plan.

14. Technical Support

Support is provided through the channels and during the hours published on our website or client portal.

Our hosting support generally covers:

• Hosting account accessibility

• Control panel functions

• Server-related errors

• Domain and DNS configuration

• Email account configuration

• SSL installation

• Services purchased directly from us

Support may not include custom programming, website redesign, third-party application debugging, content management, search engine optimization or repairs arising from unsupported software unless separately agreed and paid for.

Response times may vary according to the complexity, urgency and support level of the request.

15. Availability and Maintenance

We aim to provide reliable and continuously available services. However, uninterrupted availability cannot be guaranteed.

Services may be interrupted by:

• Scheduled or emergency maintenance

• Hardware or software failure

• Network or power disruption

• Cyberattacks

• Upstream provider outages

• Registry or registrar downtime

• Customer configuration errors

• Events beyond our reasonable control

We may perform maintenance when necessary to maintain security, stability and performance. Where practical, advance notice of planned maintenance will be provided.

Any uptime commitment or service credit applies only where it is expressly stated in a separate Service Level Agreement.

16. Suspension and Termination

We may suspend or terminate a service where:

• An invoice remains unpaid after its due date

• The account violates these Terms and Conditions

• The service poses a security or operational risk

• The account is used for illegal, abusive or fraudulent activity

• We receive a valid legal, regulatory or takedown request

• The customer provides false or misleading information

• The customer repeatedly exceeds allocated resources

• Continued service could harm our systems, partners or customers

Where reasonably possible, we will provide notice and an opportunity to correct the issue. Immediate suspension may occur where urgent action is necessary to prevent harm, fraud, unlawful activity or security incidents.

Reactivation may require payment of outstanding invoices, administrative charges or restoration fees.

Suspension does not automatically cancel invoices or extend a service’s billing period.

17. Cancellation

You may request cancellation through the official cancellation option in your client account or by contacting our support team through an authenticated channel.

Cancellation requests must be submitted before the next renewal date. Failure to use a service does not constitute cancellation.

You are responsible for downloading all required data before cancellation. Following termination, data associated with the service may be permanently deleted and may not be recoverable.

Cancelling hosting does not automatically cancel or refund associated domains, licences, SSL certificates or other separately billed services.

18. Refunds

Refund eligibility is determined by the refund policy displayed for the specific service or promotion at the time of purchase.

Unless otherwise expressly stated, the following are non-refundable once ordered, issued, activated or renewed:

• Domain registrations

• Domain renewals

• Domain transfers

• SSL certificates

• Software licences

• Setup or administrative fees

• Custom development or configuration work

• Third-party charges

• Redemption and domain restoration fees

• Services suspended for violating these terms

Approved refunds will ordinarily be returned using the original payment method where possible. Payment gateway and transaction charges may be excluded where they are not recoverable.

19. Third-Party Software and Services

Our services may include or integrate with software and services supplied by third parties, including control panels, website applications, registrars, payment gateways, security tools and cloud infrastructure providers.

We do not control and cannot guarantee the continued availability, compatibility, price or functionality of third-party products.

You are responsible for complying with applicable third-party licence terms. We may change or discontinue a third-party feature if its provider changes or withdraws it.

20. Intellectual Property

TopMostWeb retains ownership of its website, branding, software, documentation, designs and other original materials unless otherwise agreed in writing.

You retain ownership of content and data that you upload to our services. By hosting that content with us, you grant TopMostWeb the limited permission necessary to store, process, transmit, back up and display it for the purpose of providing the service.

You confirm that you have the necessary rights and permissions to use all content uploaded through your account.

21. Copyright and Takedown Requests

We respect intellectual property rights. A rights holder who believes that content hosted through our services infringes their rights may submit a properly documented complaint to our support team.

We may remove or restrict access to disputed content where required by law, a court order, a valid takedown request or an applicable provider policy.

Where appropriate, we may forward the complaint and the complainant’s contact information to the affected customer.

22. Privacy and Data Protection

We process personal information in accordance with our Privacy Policy and applicable data-protection requirements, including Kenya’s Data Protection Act.

Information may be processed to:

• Create and administer customer accounts

• Deliver and secure our services

• Process payments and invoices

• Register and manage domain names

• Provide customer support

• Prevent fraud and abuse

• Meet legal and regulatory obligations

• Send service and renewal notifications

Some services require us to share necessary information with registrars, registries, payment processors, infrastructure providers and other service partners.

Please read our [Privacy Policy] for further information about how personal data is collected, used, stored and protected.

23. Confidentiality

Each party shall take reasonable steps to protect confidential information received from the other party.

This obligation does not apply to information that:

• Is publicly available through no breach of these terms

• Was lawfully known before disclosure

• Is independently developed

• Is received lawfully from another source

• Must be disclosed under applicable law or a valid order

24. Disclaimer of Warranties

Services are provided on an “as available” basis to the extent permitted by law.

We do not guarantee that:

• A service will operate without interruption or error

• Every security threat will be detected or prevented

• A particular domain will remain available

• Email will always reach its intended recipient

• Backups will always be available or complete

• Third-party applications will remain compatible

• The service will meet every customer-specific requirement

Nothing in these terms excludes any statutory right or protection that cannot lawfully be excluded.

25. Limitation of Liability

To the fullest extent permitted by law, TopMostWeb shall not be liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, business opportunities, reputation or data.

Our total liability arising from a particular paid service shall not exceed the amount paid to TopMostWeb for that service during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply where liability cannot lawfully be excluded or limited.

26. Indemnification

You agree to indemnify and hold TopMostWeb, its employees, contractors and service partners harmless from claims, losses, liabilities and reasonable costs arising from:

• Content hosted through your account

• Your breach of these terms

• Your violation of applicable law

• Your infringement of another party’s rights

• Misuse of the services by you or an authorized account user

27. Force Majeure

TopMostWeb will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, government action, power failure, internet disruption, cyberattack, labour dispute, registry failure or upstream provider outage.

28. Changes to Services and Terms

We may modify these Terms and Conditions to reflect changes in our services, suppliers, pricing, security practices or legal obligations.

Updated terms will be published on our website with a revised effective date. Material changes may also be communicated through email or the client portal.

Continued use of the services after updated terms take effect constitutes acceptance of the revised terms.

29. Notices and Communication

You agree that we may send account, billing, security, support and legal notices to the email address registered on your account or through the client portal.

You are responsible for ensuring that your contact information remains accurate and that messages from TopMostWeb are not blocked or ignored.

30. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the Republic of Kenya.

The parties should first attempt to resolve any dispute through good-faith discussions. If the dispute cannot be resolved informally, it shall be submitted to the courts of competent jurisdiction in Kenya, unless the parties agree in writing to mediation or another dispute-resolution process.

31. Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in effect. The affected provision shall be interpreted or adjusted only to the extent necessary to make it enforceable.

32. Entire Agreement

These Terms and Conditions, together with the applicable order, invoice, Acceptable Use Policy, Privacy Policy and any written Service Level Agreement, constitute the agreement between you and TopMostWeb concerning the services.

33. Contact Us

For questions concerning these Terms and Conditions, contact:

TopMostWeb Technologies
Trading as TopMostWeb Hosting
Address: Brunei House, Witu Road Nairobi
Email: hosting@topmostweb.com
Website: https://topmostweb.com
Client portal: https://cloud.topmostweb.com