(Owner of ipayairtime.com)
1. ACCEPTANCE OF TERMS
IBK Information Technology provides a collection of online resources which includes but not limited to airtime recharge/Virtual Top Up, bills payment, SMS services and various email services, (referred to hereafter as "the
By using the service in any way, you agree to comply with the TOU and any applicable posted guidelines for all services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with IBK Information Technology.
in any way, your only recourse is to immediately discontinue use of IBK Information Technology.
IBK Information Technology has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. FUNDING OF ACCOUNT/WALLET (Airtime Deposit)
You understand that all airtime deposited are final and cannot be reversed.
4. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify IBK Information Technology for notice of claims of
copyright or other intellectual property infringement ("Agent"), at email@example.com
Please provide us with the following Notice;
a) Identify the material on the IBK Information Technology site that you claim is infringing, with enough detail so that we may locate it on the website
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
IBK Information Technology will remove the infringing posting(s) as soon as verification is done.
5. PRIVACY AND INFORMATION DISCLOSURE
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers.
We may collect and store the following personal information:
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
You further acknowledge and agree that IBK Information Technology may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to;
- comply with legal process;
- enforce the TOU;
-respond to claims that any Content violates the rights of third-parties;
-respond to claims that contact information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
- protect the rights, property, or personal safety of IBK Information Technology., its users or the general public.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a discriminatory preference based on
race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring Nigeria citizenship or lawful
permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a IBK Information Technology employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code,""junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the IBK Information Technology. sites which are not designated for such purposes; or emailed to IBK Information Technology users who have not indicated in writing that it is alright to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
q) "stalk" or otherwise harass anyone;
r) collect personal data about other users for commercial or unlawful purposes;
s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly IBK Information Technology;
t) attempt to gain unauthorized access to IBK Information Technology computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the IBK Information Technology website; or
7. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on IBK Information Technology resources, you may not use a Posting Agent to post Content to the Service without express permission or license from IBK Information Technology.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to IBK Information Technology email addresses or through IBK Information Technology computer systems is expressly prohibited. Any unauthorized use of IBK Information Technology computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. ACCESS TO THE SERVICE
IBK Information Technology grants you a limited, revocable, non-exclusive license to access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by IBK Information Technology.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
10. TERMINATION OF SERVICE
You agree that IBK Information Technology, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if IBK Information Technology, believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that IBK Information Technology shall not be liable to you or any third-party for any termination of your access to the Service.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of IBK Information Technology. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of IBK Information Technology, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
12. DISCLAIMER OF WARRANTIES
You agree that use of the IBK information Technology website and the service is entirely at
your own risk. IBK Information Technology site and the service are provided on "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, IBK Information Technology disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the IBK Information Technology site and the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
13. LIMITATIONS OF LIABILITY
Under no circumstances shall IBK Information Technology be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if IBK Information Technology has been advised of the possibility of such damages), resulting from any aspect of your use of the IBK Information Technology site or the service, whether the damages arise from use or misuse of the IBK Information Technology site or the service, from inability to use the IBK Information Technology site or the service, or the interruption, suspension, modification, alteration, or termination of the IBK Information Technology site or the service.
You agree to indemnify and hold IBK Technology, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION
The TOU constitute the entire agreement between you and IBK Information Technology and
govern your use of the Service, superceding any prior agreements between you
and IBK Information Technology. The failure of IBK Information Technolgoy to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU 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 TOU remain in
full force and effect. 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 Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for IBK Information Technology to pursue legal action to enforce these Terms, you will be liable to pay IBK Information Technology. the following amounts as liquidated damages, which you accept as reasonable estimates of IBK Information Technology damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay IBK Information Technology for each such message.
This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If you send unsolicited email advertisements to IBK Information Technology email addresses or through IBK Information Technolgoy computer systems, you agree to pay IBK Information Technology for each such email.
c. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without IBK Information Technology express written permission, you agree to pay IBK Information Technology for each day on which you engage in such conduct.
Otherwise, you agree to pay IBK Information Technology actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, IBK Information Technology retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.