Universal Terms of Service Agreement

1. Preamble and Acceptance of Terms

This Universal Terms of Service Agreement (hereinafter referred to as the "Agreement") constitutes a comprehensive, legally binding contract between SakuraHost Network & IT Solutions, a technology service provider registered and operating under the laws of the United Republic of Tanzania (hereinafter referred to as "SakuraHost", "Provider", "we", or "us"), and you, the individual or corporate entity identified in our records as the account holder (hereinafter referred to as "Customer", "Client", or "you").

By creating an account, executing an order form, or utilizing any of the Services provided by SakuraHost, you explicitly acknowledge that you have read, understood, and agreed to be bound by the terms and conditions set forth herein. This Agreement incorporates by reference our Privacy Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA). If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you possess the requisite legal authority to bind said entity to these terms.

2. Eligibility, Authority, and Regulatory Compliance

2.1 Legal Capacity: The Services are available only to individuals who are at least eighteen (18) years of age and possess the legal capacity to form binding contracts under the Law of Contract Act of Tanzania. SakuraHost reserves the right to request proof of age or corporate registration at any time.

2.2 "Know Your Customer" (KYC) Mandate: In strict compliance with the Electronic and Postal Communications Act (EPOCA) and directives issued by the Tanzania Communications Regulatory Authority (TCRA), specifically regarding the registration of communication service subscribers, you agree to provide accurate, current, and verifiable identity information. This may include, but is not limited to, NIDA ID numbers, Taxpayer Identification Numbers (TIN), or Business Registration numbers. Providing false, fictitious, or incomplete information constitutes a material breach of this Agreement and may result in immediate service termination.

3. Acceptable Use and Resource Allocations

3.1 Shared Hosting Fair Usage Policy (FUP): Customers subscribed to Shared Hosting plans acknowledge that server resources (CPU, RAM, Disk I/O) are shared among multiple tenants. To ensure the stability of the platform for all users, accounts found to be consistently exceeding twenty-five percent (25%) of system resources for periods longer than ninety (90) seconds may be subject to throttling, suspension, or forced migration to a Virtual Private Server (VPS) environment. The use of shared hosting storage for file archiving, backups of external devices, or peer-to-peer (P2P) file sharing is strictly prohibited.

3.2 Prohibited Content: You assume full legal liability for all content hosted, transmitted, or processed via your account. SakuraHost maintains a zero-tolerance policy towards content that violates the Cybercrimes Act, 2015, including but not limited to:

• Phishing sites, malware distribution points, or Command & Control (C2) botnet infrastructure.
• Unlicensed software ("Warez"), copyright infringement, or content violating the Copyright and Neighboring Rights Act.
• Cryptocurrency mining scripts, high-yield investment programs (HYIP), or Ponzi schemes.
• Material inciting violence, hate speech, terrorism, or threatening the national security of the United Republic of Tanzania.

4. Domain Registration, Renewal, and Dispute Resolution

4.1 Agency Relationship: You acknowledge that for domain name registrations, SakuraHost acts solely as an authorized agent between you (the Registrant) and the respective Top-Level Domain (TLD) Registry (e.g., tzNIC for .tz domains, Verisign for .com). Your use of the domain name is subject to the terms, conditions, and dispute resolution policies adopted by the respective Registry and ICANN.

4.2 Renewal Responsibility: While SakuraHost employs automated systems to send renewal reminders via email, the ultimate responsibility to track domain expiration dates and ensure timely payment rests solely with the Customer. SakuraHost shall not be held liable for the loss of a domain name, or any resulting business interruption, arising from your failure to renew a domain, whether due to non-receipt of notification, credit card failure, or negligence.

4.3 Redemption and Restoration: Domains that are not renewed by their expiration date may enter a "Redemption Period" as defined by Registry policy. Recovery of a domain from this state is not guaranteed and requires the payment of a mandatory Restoration Fee (often exceeding standard renewal rates), which is determined by the Registry and is non-negotiable.

5. Fees, Billing, and Statutory Taxation

5.1 Payment Obligations: All services are billed on a prepaid basis. Invoices are generated fourteen (14) days prior to the service due date. You agree to pay all charges in full by the due date. Failure to remit payment may result in service suspension, and SakuraHost shall not be liable for any data loss resulting from such suspension.

5.2 Taxation and EFD Compliance: In accordance with the Value Added Tax Act, 2014 and the Tax Administration Act, 2015, all services rendered to residents of Tanzania are subject to the prevailing VAT rate (currently 18%). SakuraHost will issue valid Electronic Fiscal Device (EFD) receipts for all local transactions upon request, contingent upon the Customer providing a valid TIN.

5.3 Refund Policy: SakuraHost offers a thirty (30) day money-back guarantee strictly for Shared Hosting plans. This guarantee expressly excludes Domain Registrations, VPS/Dedicated Servers, SSL Certificates, Software Licenses (e.g., cPanel, Plesk), and Setup Fees, which are non-refundable due to immediate costs incurred by the Provider.

6. Data Integrity, Backups, and Disaster Recovery

6.1 Customer Responsibility: You acknowledge that you are ultimately responsible for the integrity, preservation, and backup of your data. While SakuraHost performs courtesy automated backups for specific service tiers, we make no warranties or guarantees, express or implied, regarding the availability, completeness, or integrity of these backups.

6.2 Indemnification for Data Loss: You agree to defend, indemnify, and hold SakuraHost harmless against any and all claims, damages, or liabilities arising from the loss, corruption, or accidental deletion of data, regardless of the cause, including but not limited to hardware failure, software corruption, or human error.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SakuraHost, its directors, employees, agents, or suppliers be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the services, even if SakuraHost has been advised of the possibility of such damages. Our total aggregate liability to you for any cause of action whatsoever shall strictly be limited to the amount paid by you to SakuraHost for the specific service in the three (3) months immediately preceding the event giving rise to the claim.

8. Termination and Suspension

SakuraHost reserves the absolute right to suspend or terminate your access to the Services, with or without notice, if:

• You materially breach any provision of this Agreement or the AUP.
• We detect fraudulent activity, chargebacks, or identity theft associated with your account.
• We receive a formal directive, court order, or warrant from Tanzanian law enforcement or regulatory agencies (e.g., TCRA, Police Force).
• You engage in abusive, threatening, or harassing behavior towards SakuraHost staff or agents.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by, construed, and enforced in accordance with the substantive laws of the United Republic of Tanzania. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be settled through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute remains unresolved, the parties agree to submit to the exclusive jurisdiction of the competent courts located in Dar es Salaam, Tanzania.

10. Contact Information

All legal notices, demands, or requests under this Agreement must be submitted in writing to our Legal Department:

SakuraHost Network & IT Solutions
Attn: Legal Department
Dar es Salaam, Tanzania
Email: legal@sakurahost.co.tz