Conditions of Use :

Revised on Octoberr 28, 2009

Important condition: For you to get a free website, you must agree to host your website with us. You may choose any hosting package/plan.

Free websites are designed by our professional designers, you will not tell them how you want it to be in terms of the design, however you are free to choose colors, font styles. Only non-free website applicants can discuss how they want their website to be.

User Agreement

The TovutiYangu.com Web site (the "Site" ) is subject to the following Terms and Conditions and any operating rules or policies that may be published on this Site. By using this Site, you accept such Terms and Conditions and any other rules or policies published on the Site as modified/ amended from time to time; each time you access the Site, you automatically reconfirm your agreement.
The Site is only a source of information and a meeting place for those who want website services and or their clients and is not a shop or service provider or any other kind of a company. It is just an online point of communication; every other transaction behind it is being held by human beings owning the site.

TovutiYangu.com does not act as an agent, partner, joint venture, or in any other capacity on behalf of the users of this Site and in no way is affiliated with them. As a neutral facilitator, TOVUTIYANGU.COM is not directly involved in the actual transactions between users of the Site (if any) and as a result, TOVUTIYANGU.COM has no control over the accuracy, truth, legality, quality, or safety of postings made by the Site users. Because verifying the identity of users on the Internet is difficult, TOVUTIYANGU.COM cannot and does not confirm the identity of the Site users. Except expressly stated otherwise, TOVUTIYANGU.COM does not confirm nor verify the qualifications, background, or abilities of the Site users including. So in general avoid communication serious matters with people you do not know. You can always trust  the Tovutiyangu.com staffs as they are real and verified. Your communication with job posters, agencies, freelancers, service providers, advertisers, or users of the Site, (EXCEPT the TovutiYangu staffs), including production and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such job poster, agency, advertiser, or user. You agree not to hold TOVUTIYANGU.COM 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 posters, agencies, advertisers, or users on the Site.

GEOGRAPHICAL SCOPE OF SERVICE

Unless stated otherwise later, currently TovutiYangu.com is servicing Tanzania only. We are obliged to do this because of the payment systems we use.

User Conduct:

You are solely responsible for the content and context of anything you post through the Site including private e-mails sent to TovutiYangu.com or other Site members using its mailing system. You warrant and agree that, while using the Site, you shall not do any unlawful act and that specifically you shall not:

 

1. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity;
2. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material that is protected by copyright or other intellectual property right, without obtaining proper permission; that includes images, scripts and texts for your websites
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law;
4. deny or degrade service to other users by generating unusually high numbers of daily database accesses, whether generated manually or automatically;
5. if you are reselling our services, you still must agree to  our terms and you must provide the necessary support to your buyer.

 

TovutiYangu.com's business model and your Payments:

Free websites?:

For you to get your website designed for FREE, we require you to buy hosting from us. Hosting with us starts from Tsh 9,000/= per month, and you can pay monthly but the first time you must start with a 3 month plan. Imagine paying by simply transferring airtime credit. No hassles. No queuing at banks. No credit card needed.

If you are getting a free website from us but you are to account for it then use the ethics around you to decide to take the offer or not.

Designs:

Free websites are designed by our professional designers, you will not tell them how you want it to be in terms of the design, however you are free to choose colors, font styles. Only non-free website applicants can discuss how they want their website to be. They will be static only and not more than 8 static pages. Anything above that will need to be paid for.

Web Products:

However there are products that are sold on TOVUTIYANGU.COM, these are products like any other and so the owner of TOVUTIYANGU.COM accounts for them accordingly as they make money on this. Here is exactly where we make money, all products are sold with a margin.

Hosting fees:

The fees you pay are passed on to the web host companies we use. The hosting service is guaranteed by the host companies not TOVUTIYANGU.COM, because there are thousands of hosting companies TOVUTIYANGU.COM has tried to pick the best in terms of price and service as it seemed best to TOVUTIYANGU.COM.

Domain Registration and Fees:

Domain names follow their terms; we will register your domain under assumption that you have read the terms and agreed to them. TOVUTIYANGU.COM facilitates registration, the person responsible for the domain is you.

If you decide to register a domain with us, you must be notified that we are just a middle person, the registrar we use will have their own terms that you must follo. Domain names service is guaranteed by the registrar, not TOVUTIYANGU.COM.

Payments:

ANY payments you make are not refundable; we have not any refund mechanisms, so pleasee make sure you only pay for something that exists. In case you pay for something that does not exist, instead of refunding, we shall demand you to buy another product from TOVUTIYANGU.COM, this is the only alternative we have. We have several methods of payments, any can be chosen as a matter of preference.

 

Domain name, hosting and website design

Login Details:

if we are to login to your website, we will request you send us your login details. TOVUTIYANGU.COM assumes the logins sent are temporary and that the client shall change them once were done with the login. We shall never be held responsible for hacked/damaged websites because of compromised login details, so you release TOVUTIYANGU.COM from any claims against compromised login details.

Hosting:

You agree that you will pay for your hosting monthly, quarterly, semi annually or annually. Failure to do that your account will be suspended. No more action. You are free to host your non-free website with any other host company, but if you got a free website from us then must host with us. You must host your free website with us for at least two years then you can go to another host company. Delay to payments will lead to account suspension.

Design Copyright:

You agree you shall not claim the design to be of your own. You are allowed however to modify it the way you want it. The link at the bottom of your website linking back to tovutiyangu.com can be removed if that makes you uncomfortable.

 

 

Delivering

We use FIFO, first in first out, so all we care is who came in first but not your urgency.

Liability:

Although TOVUTIYANGU.COM believes that the information on the Site is reliable, TOVUTIYANGU.COM makes no guarantees that information is accurate or current. Therefore, you agree that TOVUTIYANGU.COM, its directors, officers, employees, agents and owners shall have no liability of any kind arising from your use of the Site and you hereby release them from any and all past, present, and/or future claims, actions, demands, rights, damages, causes of action, and rights of action whatsoever, known and unknown, anticipated and unanticipated, in any way resulting from and/or as a result of using the information contained on the Site.
YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. TOVUTIYANGU IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOVUTIYANGU  MAKES NO AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND/OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TOVUTIYANGU.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR FREE. TOVUTIYANGU.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY DATA OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE OF THIS DATA. TOVUTIYANGU.COM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM TOVUTIYANGU.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SPECIFICALLY STATED ON THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TOVUTIYANGU.COM NOR ANY OF ITS OWNERS, AFFILIATES, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR PROFIT OR DATA, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Modifications to the Site and Terms and Conditions of Use:

TOVUTIYANGU.COM reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability without prior notice to the User. TOVUTIYANGU.COM may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice.
TOVUTIYANGU.COM reserves the right to make changes to these Terms and Conditions of Use at any time. Any changes or revisions are effective immediately upon their release. Your use of the Site will be subject to the version of the Terms and Conditions of Use posted on the Site at the time of such use. Accordingly, you are advised to review the Terms and Conditions of Use prior to using the Site. Your continued use of the Site following the posting of any changes or revisions of these Terms and Conditions of Use will constitute your acceptance of such changes or revisions. If you do not agree to any changes or revisions to these Terms and Conditions of Use, you may not use the Site and must immediately discontinue using of the Site.

User Information:

As part of your use of the Site, you may provide certain information to TOVUTIYANGU.COM or other users of the Site. You agree that the party receiving that information can use such information. You acknowledge and agree that you are solely responsible for the accuracy and content of information provided by you.
Indemnification: Because TOVUTIYANGU.COM is not involved in any translations between the parties using this Site, BUT ONLY THE TRANSACTIONS BETWEEN TOVUTIYANGU AND A VISITOR you shall indemnify, defend and hold TOVUTIYANGU.COM, its officers, directors and employees harmless from and against any claims, damages, liabilities, and expenses related thereto arising out of any dispute between the parties that use services provided by the Site, any breach or violation by you of these Terms and Conditions or any use by you of the Site.

Termination:

These Terms and Conditions constitute a binding agreement. If you become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. TOVUTIYANGU.COM may, at any time, at its sole discretion, immediately remove from the Site any information you have posted to the Site. This includes personal information, forum postings, questions, answers and comments, your account and any other information you posted on the site. TOVUTIYANGU.COM shall not be liable to you or to any third party for termination of the service.

Information Storage:

TOVUTIYANGU.COM assumes no responsibility for the deletion or failure to store files, résumés, messages, job postings, or any other form of communication made using the Site.

Membership:

TOVUTIYANGU.COM may, at its sole discretion, immediately terminate membership of any member of the Site if their conduct fails to conform to the terms and conditions of this agreement.
Electronic Communication: When you visit the Site or communicate with us through the Site or using other forms of electronic communication such as electronic mail, you are communicating with us electronically. You agree that all electronic communication that we provide to you including information published in these Terms and Conditions of Use is equivalent to communications in writing and will have the same effect as if they were in writing and signed.
Search Engines: The TovutiYangu.com web site is regularly visited by search engines, which cache the content of profiles on their own servers, including your name, images and any publicly visible text and contact information you have entered on your profile. You agree that TOVUTIYANGU.OM is not responsible for the removal of any content from search engines as well as for inclusion of any content into their cache.

General Provisions:

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by TOVUTIYANGU.COM to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that all matters shall be venued in Dar es Salaam, Tanzania. The Terms and Conditions comprise the entire agreement between you and TOVUTIYANGU.COM and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination