Contact Detail

Postal Address:
P.O Box 70651,
Dar es Salaam, Tanzania

Cell: +255 763 123444,

Hotline: +255 713 883366

Email: info@youfly.co.tz

Terms Of Use And Conditions

This Terms of Service ("Agreement") is a legally binding contract between YouFly Co Limited ("YouFly") and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner, of the services provided by YouFly Co Limited to Customer (collectively, the "Services").

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the Republic of Tanzania.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of YouFly Co Limited and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact YouFly Co Limited to cancel your Services.

1. OWNERSHIP AND SERVICES PURCHASED

1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page or written Contract as of the Effective Date, as defined below. YouFly Co Limited may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by YouFly Co Limited as set out on the Service Description Page / Agreed Contract, are referred to as the "Services."

1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

1.4 YouFly Co Limited will allow and assist if you the Customer choose to terminate your services and transfer to another provider. Such service transfer requires a least a 7 working days notice to YouFly Co Ltd before the day of the transfer and must be done before expiration date.

1.5 In the case of any expired Domain name or hosting account. YouFly Co Limited reserves the right to temporally suspend or permanently terminate/delete both or just one from YouFly Co Limited Servers / System.

The Customer of the expired domain name and hosting account has the right to request for the copy website/emails or reviving of the expired services at a cost of service reactivation. But only if the domain name or account hasn’t been deleted yet from our servers /System.

2. TERM OF AGREEMENT

2.1. This Agreement becomes effective immediately when Customer Sign up to any of our services "I Agree." ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of YouFly Co Limited, or by the posting by YouFly Co Limited of a revised version.

2.2. The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, when the service is renewed or one party provides notice of its intent to terminate as set out in this Agreement.

3. OBEYING THE LAW

3.1. YouFly Co Limited is registered and located within the Dar es salaam, Tanzania and as such, we are required to comply with the laws and official policies of the Republic of Tanzania, regardless of where the Services are provided. In addition, YouFly Co Limited will comply with appropriate laws and official policies set forth by Brela and other official Boards.

4. PAYMENTS AND BILLING

4.1. YouFly Co Limited will automatically invoice the customer contact details on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, YouFly Co Limited will attempt to remind the customer on file up to five (5) days prior to due date. All fees are billed in both Tanzania Shillings ("TZS") and United States Dollars ("USD") and are subject to change with thirty (30) days notice prior notice to you.

4.2. Your "Billing Term" is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be annually, bi-annually or tri-annually.

4.3. YouFly Co Limited is able to collect payment from customers with payment methods (Cash, check, bank transfer, Mobile Payment (MPESA, TIGOPESA) etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their before/on their due date. After due date see 1.5

4.4. As a customer of YouFly Co Limited, it is your responsibility to ensure that all billing and contact information on file with YouFly Co Limited is accurate, and that any credit/debit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. YouFly Co Limited screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. YouFly Co Limited has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

5. LATE PAYMENTS

5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, YouFly Co Limited reserves the right to suspend your Service(s) with YouFly Co Limited and to charge a $80 "late penalty." Fourteen (14) days following suspension of Services for non-payment, YouFly Co Limited reserves the right to terminate Service(s) for non-payment.

5.2. YouFly Co Limited is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, YouFly Co Limited reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

Note: See 1.5 for change of ownership after expiration date.

6. CHARGEBACKS, REVERSALS, AND RETRIEVALS

6.1. If YouFly Co Limited receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to YouFly Co Limited by the credit/debit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact YouFly Co Limited's billing team to address any billing issues.

6.2. If YouFly Co Limited appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to YouFly Co Limited by the credit/debit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.

7. CANCELLATION OF SERVICES

7.1. Either party may terminate this Agreement by providing notice to the other as provided herein.

7.2. You may cancel service by completing YouFly Co Limited's cancellation / transfer form. To reduce the likelihood of error and ensure the security of your account, YouFly Co Limited does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of YouFly Co Limited in writing by email.

7.3. Cancellations must be requested via the form indicated above 7 days or more prior to the Service's expiration/renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above. And If the payment wont be cleared by the renewal date. See 1.5, 5.1 and 5.2

7.4. If you pay YouFly Co Limited via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. YouFly Co Limited (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

7.5. YouFly Co Limited may terminate this Agreement at any time by providing notice to Customers via email. Should YouFly Co Limited terminate this Agreement for any reason other than a material breach, or violation of YouFly Co Limited's Acceptable Use Policy, any prepaid fees shall be refunded.

7.6. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

8. REFUSAL OF SERVICE

8.1. YouFly Co Limited reserves the right to refuse service to anyone at any time. Any material that, in YouFly Co Limited's judgment, is obscene, threatening, illegal, or violates YouFly Co Limited's terms of service in any manner may be removed from YouFly Co Limited's servers (or otherwise disabled), with or without notice.

8.2. Similarly, YouFly Co Limited reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any reason.

8.3. If any manner of communication with YouFly Co Limited's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

8.4. YouFly Co Limited happily accepts orders from outside the Republic of Tanzania, but may limit accounts from certain countries with a high fraud rate. To help protect YouFly Co Limited and its customers from fraud, YouFly Co Limited may ask you to provide a copy of a government issued identification and/or a scan of the credit/debit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.

8.5. Due to Tanzania law, YouFly Co Limited cannot accept any orders originating from countries that the Tanzania has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a Tanzania Government embargo, or that has been designated by the Tanzania Government as a "terrorist supporting" country; and (ii) you are not listed on any Tanzania Government list of prohibited or restricted parties.

9. RESOURCE USAGE

9.1. Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all YouFly Co Limited customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. YouFly Co Limited reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.

10. BANDWIDTH USAGE

10.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Disk Space, Bandwidth, and Email Usage Definitions.

10.2. Should your account pass the allocated amount, YouFly Co Limited reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.

10.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of YouFly Co Limited in writing.

10.4. Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all YouFly Co Limited customers. YouFly Co Limited regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.

11. LICENSES

11.1. YouFly Co Limited grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by YouFly Co Limited solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in YouFly Co Limited's technology shall remain with YouFly Co Limited, or its licensors. You are not permitted to circumvent any devices designed to protect YouFly Co Limited, or its licensor's ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

11.2. You grant YouFly Co Limited, or to any third parties used by YouFly Co Limited to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.

12. SERVICE MODIFICATIONS

12.1. YouFly Co Limited reserves the right to add, modify, or remove any or all features from any service YouFly Co Limited provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and YouFly Co Limited does not guarantee the availability of any feature, whether written or implied unless specified in a written agreed contract. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term "materially" means that a reasonable business person would not have purchased the Services for the purposes used by you.

13. UPTIME GUARANTEE

13.1. YouFly Co Limited guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If YouFly Co Limited fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

13.2. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th.

14. SUPPORT POLICY

14.1. YouFly Co Limited will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via YouFly Co Limited's help desk at

15. BACKUP SERVICES

15.1. Your use of YouFly Co Limited's Services is at your sole risk. This service is provided to you as a courtesy. YouFly Co Limited is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on YouFly Co Limited's servers. Any and all backup services provided by YouFly Co Limited, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

15.2. Backups are performed on servers that house shared and reseller packages only. If your hosting account exceeds 250,000 inodes, the account will not be included in YouFly Co Limited's automatic backup process.

15.3. If you ask YouFly Co Limited to restore a backup of your data that is located on a backup server maintained by YouFly Co Limited, you agree to pay a non-refundable "restoration fee" of $80.00 per backup restored to complete the request. By requesting that YouFly Co Limited restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. YouFly Co Limited cannot be held liable if a backup restoration does not complete successfully. YouFly Co Limited will never charge a backup fee to restore a backup to address an error or omission caused by YouFly Co Limited.

16. DOMAIN NAME REGISTRATIONS, TRANSFERS, AND RENEWALS

16.1. YouFly Co Limited will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact YouFly Co Limited within fifteen (7) days of the incident for YouFly Co Limited to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to YouFly Co Limited in the required timeframe. YouFly Co Limited's liability is limited to the amount paid for the domain name.

16.2 For some specific packages. Ownership will change hand. See 1.5.

17. EXPIRED DOMAIN DELETION POLICY

17.1. Immediately after the expiration of the term of a domain name's registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that YouFly Co Limited may direct the domain name to name servers and IP address(es) designated by YouFly Co Limited, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that YouFly Co Limited may either leave your WHOIS information intact or that YouFly Co Limited may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. And you acknowledge and accept that YouFly Co Limited may reallocate the domain to a new customer upon 7 days of expiration date. This is only applicable to specific packages. See 16.2

17.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that YouFly Co Limited may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that YouFly Co Limited may, but is not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that YouFly Co Limited, for any reason and in its sole discretion, may choose not to offer a reactivation period and that YouFly Co Limited shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which YouFly Co Limited may determine at its discretion. You acknowledge and agree that YouFly Co Limited may make expired domain name services(s) available to third parties, that YouFly Co Limited may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

18. IP ADDRESS ALLOCATION

18.1. Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers ("ARIN"􀀀). YouFly Co Limited reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

19. ACCEPTABLE USAGE POLICY

19.1. You shall use YouFly Co Limited's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the Republic of Tanzania is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless YouFly Co Limited from any claims resulting from the use of the service which damages you or any other party.

19.2. YouFly Co Limited reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether YouFly Co Limited is the appropriate service provider for you:

  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source - Source of Denial of Service Attack
  • DoS Target - Target of Denial of Service Attack
  • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
  • HYIP - Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
  • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
  • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
  • Phishing - Identity Theft by Email Under False Pretense
  • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email - No more than 500 emails of similar content (Opt In)
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material YouFly Co Limited judges to be threatening or obscene.

20. MULTI-LOCATION HOSTING

20.1. YouFly Co Limited does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. YouFly Co Limited also reserves the right to deny the transfer of any account to a new location for any or no reason.

21. WARRANTIES

21.1. Your Warranties to YouFly Co Limited

21.1.1. You represent and warrant to YouFly Co Limited that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide YouFly Co Limited with material that may be implemented by it to provide the Services without extra effort on YouFly Co Limited's part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.

21.1.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to YouFly Co Limited, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.

21.2. YouFly Co Limited's Warranties
21.2.1. YOU EXPRESSLY AGREE THAT USE OF YOUFLY CO LIMITED'S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND ASAVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, YOUFLY CO LIMITED HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER YOUFLY CO LIMITED, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT YOUFLY CO LIMITED'S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH YOUFLY CO LIMITED'S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. YOUFLY CO LIMITED SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY YOUFLY CO LIMITED. NO WARRANTIES MADE BY THESE THIRD PARTIES TO YOUFLY CO LIMITED SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

21.2.2. THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM YOUFLY CO LIMITED, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.

21.2.3. SOME REGIONS/CITIES DO NOT ALLOW YOUFLY CO LIMITED TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.

21.3. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.

22. LIMITATION OF LIABILITY

22.1. YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.

22.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL YOUFLY CO LIMITED, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH YOUFLY CO LIMITED, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUFLY CO LIMITED RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF YOUFLY CO LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, YOUFLY CO LIMITED'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

23. INDEMNIFICATION

23.1. You agree to indemnify, defend and hold harmless YouFly Co Limited, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of YouFly Co Limited's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by YouFly Co Limited.

24. GOVERNING LAW AND DISPUTES

24.1. This agreement shall be governed by the laws of the Republic of Tanzania, exclusive of its choice of law principles, and the laws of the Republic of Tanzania, as applicable.

25. PARTIAL INVALIDITY

25.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. YouFly Co Limited and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

26. CHANGES TO THE TERMS OF SERVICE

26.1. YouFly Co Limited reserves the right to modify this Agreement, in whole or in part, from time-to-time. YouFly Co Limited will provide you with notices of such a change by posting notice on your control panel. Unless YouFly Co Limited is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

27. ASSIGNMENT

27.1. This Agreement may be assigned by YouFly Co Limited. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

28. FORCE MAJEURE

28.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

29. NO WAIVER

29.1. No waiver of rights under this Agreement or any YouFly Co Limited policy, or agreement between Customer and YouFly Co Limited shall constitute a subsequent waiver of this or any other right under this Agreement.

30. NO AGENCY

30.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

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