Terms of Service

Terms of Public Service

1. Acceptance of Terms
The kasahorow Communication Group of Suuch Solutions (kasahorow) provides its public service to you subject to the following Terms of Public Service (ToPS), which may be updated by us from time to time without notice to you.

2. Description of Public Service
kasahorow provides users with access to a variety of resources, including various information services through its network of properties (the Public Service) which may be accessed through various media or devices now known or hereafter developed. You understand and agree that the Public Service may include advertisements and that these advertisements are necessary for kasahorow to provide the Public Service. You also understand and agree that the Public Service may include certain communications from kasahorow, such as service announcements, and administrative messages, and that these communications are considered part of kasahorow membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Public Service, including the release of new kasahorow properties, shall be subject to the ToPS. You understand and agree that the Public Service is provided AS-IS and that kasahorow assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Public Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Public Service.

3. Your Registration Obligations
In consideration of your use of the Public Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Ghana or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Public Service's registration form (the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or kasahorow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, kasahorow has the right to suspend or terminate your account and refuse any and all current or future use of the Public Service (or any portion thereof).

4. kasahorow Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://kasahorow.com/?q=privacypolicy. You understand that through your use of the Public Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Republic of Ghana and/or other countries for storage, processing and use by kasahorow and its affiliates.

5. Member Account, Password, and Security
You will receive a password and account designation upon completing the Public Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify kasahorow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. kasahorow cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not kasahorow, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Public Service. kasahorow does not control the Content posted via the Public Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will kasahorow be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Public Service.

You agree to not use the Public Service to:
1.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.harm minors in any way;
3.impersonate any person or entity, including, but not limited to, a kasahorow official, content partner, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Public Service;
5.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
7.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose;
8.upload, post, email, transmit or otherwise make available any material 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;
9.interfere with or disrupt the Public Service or servers or networks connected to the Public Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Public Service;
10.intentionally or unintentionally violate any applicable Ghanaian, African or international law;
11.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to unethical organizations or any other activity that may be rightfully construed as money laundering under the laws of Ghana;
12.stalk or otherwise harass another; and/or
13.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 12 above.

You acknowledge that kasahorow may or may not pre-screen Content, but that kasahorow and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Public Service. Without limiting the foregoing, kasahorow and its designees shall have the right to remove any Content that violates the ToPS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by kasahorow or submitted to kasahorow.

You acknowledge, consent and agree that kasahorow may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToPS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of kasahorow, its users and the public.

You understand that the technical processing and transmission of the Public Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Rule of Law
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Ghana or the country in which you reside.

8. Indemnity
You agree to indemnify and hold kasahorow 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 Public Service, your use of the Public Service, your connection to the Public Service, your violation of the ToPS, or your violation of any rights of another.

9. No Resale of Public Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Public Service (including your kasahorow ID), use of the Public Service, or access to the Public Service.

10. General Practices Regarding Use and Storage
You acknowledge that kasahorow may establish general practices and limits concerning use of the Public Service, including without limitation the maximum number of days that your contributed Content will be retained by the Public Service, the maximum disk space that will be allotted on kasahorow's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Public Service in a given period of time. You agree that kasahorow 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 Public Service. You acknowledge that kasahorow reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that kasahorow reserves the right to modify these general practices and limits from time to time in order to provide a reasonable guarantee of quality.

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

12. Termination
You agree that kasahorow may, under certain circumstances and without prior notice, immediately terminate your kasahorow account, delete any associated personal information and contributed Content, and access to the Public Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the ToPS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Public Service (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 Public Services. Termination of your kasahorow account includes (a) removal of access to all offerings within the Public Service, (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 Public Service. Further, you agree that all terminations for cause shall be made in kasahorow's sole discretion and that kasahorow shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Public Service.

13. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Public Service, 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. You agree that kasahorow 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 Public Service.

14. Links
The Public Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because kasahorow has no control over such sites and resources, you acknowledge and agree that kasahorow 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 kasahorow 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.

15. kasahorow's Rights
kasahorow uses various technologies to provide the Public Service including proprietary and non-proprietary (free and/or open source) solutions. kasahorow makes good faith efforts to respect the rights and property of the technology providers and their respective developer communities where appropriate. You acknowledge that kasahorow's use of such technologies are in based on our judgment of their suitability for providing the Public Service but otherwise make no claims on behalf of such technologies. You also acknowledge that 3rd-party Content and Technology are bound by their original legal provisions. kasahorow reserves the right to place its own Content and Technology under the most appropriate legal provisions.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. kasahorow 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.

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

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM kasahorow OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToPS.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT kasahorow AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF kasahorow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this ToPS, there shall be no third-party beneficiaries to this agreement.

19. Notice
kasahorow may provide you with notices, including those regarding changes to the ToPS, by email, regular mail or postings on the Public Service.

20. Trademark Information
The kasahorow logo, kasahorow, and kasahorow logo trademarks and service marks and other kasahorow logos and product and service names are trademarks of kasahorow (the kasahorow Marks). Without kasahorow's prior permission, you agree not to display or use in any manner the kasahorow Marks.

21. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
kasahorow respects the intellectual property of others, and we ask our users to do the same. kasahorow 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 kasahorow'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.

kasahorow's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
kasahorow Counsel
Private Mail Bag TUPM 17, TUC, Accra
Ghana

22. General Information
Entire Agreement. The ToPS constitutes the entire agreement between you and kasahorow and governs your use of the Public Service, superseding any prior agreements between you and kasahorow with respect to the Public Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other kasahorow services, affiliate services, third-party content or third-party technology.

Choice of Law and Forum. The ToPS and the relationship between you and kasahorow shall be governed by the laws of the Republic of Ghana.

Waiver and Severability of Terms. The failure of kasahorow to exercise or enforce any right or provision of the ToPS shall not constitute a waiver of such right or provision. If any provision of the ToPS 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 ToPS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your kasahorow account is non-transferable and any rights to your kasahorow 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.

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 Public Service or the ToPS must be filed within six (6) months after such claim or cause of action arose or be forever barred.

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

23. Violations
Please report any violations of the ToPS to violations@ kasahorow.com.