FUNCTIONS, VIS-À-VIS RIGHTS, DUTIES AND OBLIGATIONS OF SERVICE

PROVIDERS1
What are Network Service Providers?
A Network Service Provider manages and delivers access to the internet or access to
internet based services or application capabilities to multiple entities from a data centre.
In today’s world, internet based technologies continue to evolve and new technologies
continue to be introduced. Among the mainstream network service providers that may be
encountered are internet service providers (ISPs), application service providers (ASPs),
wireless service providers (WSPs), and internet presence providers (IPPs).
These service providers allow businesses to outsource internet, software, and other
technology needs ranging from email and faxes to enterprise resource planning (ERP)
and customer relationship management (CRM), in an easy, cost-effective and efficient
manner.

INETRNET SERVICE PROVIDER

The Internet Service provider (ISP) gives customers the infrastructure-software,
equipment and services-to create an internet connection with reliable, available and
scalable performance. In addition to the internet, ISPs may provide access to the world
wide web, USENET discussion groups (or internet forums), email (file transfer) and IRC
(internet relay chat), voice, domain name services, hosting, web development and design,
consulting and e-commerce services. An Internet service provider (ISP) is an organisation
that provides services for accessing, using, or participating in the Internet. Internet
service providers can be organised in various forms, such as commercial, community-
owned, non-profit, or otherwise privately owned. Internet services typically provided by
ISPs can include Internet access, Internet transit, domain name registration, web hosting,
Usenet service, and colocation. An ISP typically serves as the access point or the gateway
that provides a user, access to everything available on the Internet.
Today’s technologies allow ISPs to connect customers to the internet using a variety of
communication media, including wireless and cable access, connecting to hardware that
includes telephones, laptops and handheld devices. Examples of ISP in Nigeria include:
Swift Networks Limited, Hyperia Linkserve Limited and VSAT Nigeria.
Generally, an ISP can be expected to perform the following functions:
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1
Note culled from Chapter 13 of recommended text: Abdusalam Ajetunmobi’s Information and Communication
Technology
 1. Provide a connection to the internet (using a variety of communication
technologies)
2. Provide a free email account for each business or individual that signs up
3. Providing the latest commercial grade systems and upgrades to perform at the
highest end of internet standards in each of these categories.
4. Provide a business or organisation with access to an e-commerce site
5. Host the customers’ webpages by providing the computer(s) necessary disk space
and connection to the internet e.g alibaba
6. Provide consulting services to their customers, these consulting services are
typically fairly limited and usually involve designing web pages, updating
webpages and so on.

Management Service Providers (MSP)

Management service providers handle most aspects of website management or monitor
the performance of servers located in a data centre or even servers located at a company’s
site from a remote site. For example, MSP provides the staff the means to manage the
operation of the servers (e.g perform system back-ups), ensures the application is
operational and available for use, provides billing and meter access, provides capacity
planning and load balancing, and provides security in addition to providing the physical
space to house the servers.
Firms that provide this kind of service include: Huawei Technologies which provides
Airtel Nigeria with standardised delivery platforms and processes over its Managed
Services Unified Platform (MSUP), in addition to employee management services and
operations support system (OSS) tools; Leystel Nigeria Limited which develops a
blueprint for MTN Wifi Hotspot access in some Nigerian Universities; ESET which
provides an email/messaging service provider (EMSP). Platforms which manage bank’s
internet banking and operations etc
FUNCTIONS OF A MSP ARE:
1. Creates the necessary infrastructure, including connectivity, security and
applications, to deliver service to the customer.
2. Provides customer service with a 24/7 help desk
3. Offers reasonable yet responsive service level agreements (SLAs)
4. Provides proactive processes for system, network and website monitoring and
management
5. Provides full data backup for those MSPs providing access to a data centre
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6. Provides off-site storage of backup media and disaster recovery if a data centre is
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used.
 7. Offers web-based, self- provisioning account management (adds, changes, and so
on) and support.
8. Provides regular, professional maintenance and upgrades of all application
software and server hardware.
APPLICATION SERVICE PROVIDER (ASP)
An Application Service Provider offers access over the internet to applications and
related services that would otherwise have to be executed and managed locally. The core
value of an application service is in providing access to and management of a software
application that is commercially available. Part of the value of ASP services is that
business and organisations can gain access to a new application environment (e.g replace
their old character based system with a web based system), without making up-front
investments for the software application’s licenses, other third party software licenses,
servers, personnel and other resources.
Rather than being located within the organisation, the application service is managed
from a central location, or distributed locations, owned or under contract to the ASP.
Staff and users access applications remotely- for instance, over the internet or via leased
lines, such as T-1 line i.e fibre optic lines that can carry roughly 60 times more data than
a normal residential modem.
Functions of an ASP include:
1. Creates infrastructure, including connectivity, security and applications to deliver
service to the customer.
2. Provides customer application support
3. Manages customer expectations by accepting orders, implementing applications
and training end users.
WIRELESS SERVICE PROVIDER (WSP)
A wireless service provider allows immediate access to the internet without physically
plugging a portable device like a laptop or cell phone into a telecomm or power outlet.
This instant wireless would allow business customers to monitor sales accounts, access
employee records, and monitor supply-chain relationships without tethering a hardware
device to a work area. The keyword here is mobile; wireless service moves when and
where you do. A WSP can provide access to a wireless network so that the customer’s
mobile employees can view real-time information about their customers, status of the
firm’s inventory and so forth. Alternatively, the WSP can provide both the wireless
network and access to specific wireless applications.
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A WSP can be expected to do the following:

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 1. Provide the infrastructure, including connectivity, and security to deliver service to
the customer. In some cases, the WASP will also provide access to an application.
For the wireless service provider, the location and density of its communication
towers will determine its coverage within a geographical area.
2. Provide customer application support
3. Manage customer expectations by articulating in clear language what the service
provider is and is not responsible for.

INTERNET PRESENCE PROVIDERS (IPPs)

Internet presence providers (IPPs) are entities that provide network space for users to
upload information and they provide search engine services.
Typically, IPPs perform the following functions:
1. Provide the disk space for high speed internet connection.
2. Offer homepages design and installation services
3. Provide the website design for those wanting an internet presence. Youku,
v.qq.com and www.letv.com are examples of Chinese IPPs.
RESPONSIBILITY OF SERVICE PROVIDERS
Network service providers therefore act as both a conduit, providing access to and from
the internet, and a repository for data through their hosting, caching and storage services.
However, they are sometimes notified of suspect content online by customers, members
of the public, law enforcement or hotline organisation; notice and takedown procedures
refer to a company’s processes for the swift removal (takedown) of illegal content (illegal
content being defined according to the jurisdiction) as soon as they have been made
aware (notice) of its presence on their services.
Subject to certain conditions, network service providers are not normally liable where the
service consists of the transmission of information provided by a recipient of the service
or the provision of access to a communications network. This is known as the
transmission immunity. The service provider such as the operator of a network will not
be liable for any financial remedy which would include damages or criminal penalty
where it did not initiate the transmission or it did not select the receiver of the
transmission. It will also escape liability if it did not select or modify the information
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contained in the transmission.

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Furthermore, the network service provider will not be liable where the relevant
information is cached. That means where it is the subject of automatic, intermediate and
temporary storage for the sole purpose of ensuring efficient onward transmission to
recipients on request the exemption from liability will however depend on the following:
the provider does not modify the information; it complies with conditions of access; it
complies with any rules regarding updating of the information, specified in a manner
widely recognised and used by industry. Further, it does not interfere with the lawful use
of technology, widely used and recognised by industry to obtain data on the use of the
information. In addition, the operator must act expeditiously to remove or disable access
to the information on obtaining actual knowledge that the information has been removed
from the network, or access to it has been disabled, or that a court had ordered such
removal or disablement.

TRADITIONAL CRIMINAL LAW PROVISIONS ON RESPONSIBILITY

In the absence of specific legal provisions, the responsibility of the internet providers for
third- party offences is determined according to general criminal law principles on the
distinction between positive act and omission, the guarantor’s obligations under criminal
law and the rules on perpetration and complicity.

SPECIFIC RESPONSIBILITY REGULATIONS FOR COMPUTER NETWORKS

Wherever specific responsibility regulations for computer networks have been created in
individual legal systems, the crux has been the limitation of responsibility but also to a
certain extent the determination of particular duties of care. E.g relating to the
distribution of information to minors.
NETWORK SERVICE PROVIDERS LIABILITY
The liabilities of network service providers may be considered in two situations. The first
relates to their liability in respect of their own services and the second to the extent to
which they may be liable for content posted or transmitted by users. In respect of the
second category, liabilities will be equal to those incurred by providers of services.
Network service providers will normally offer services subject to the terms of a contract
with users.
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Under such circumstances, terms may be implied into the contract for services that these
will be provided with reasonable skill and care. This obligation may be restricted or
excluded by a contractual provision subject to the application of the statutory test that the
term is fair and reasonable. For example, it would normally be reasonable for a provider
to set some ceiling upon the extent of any compensation that may be payable to users and
to restrict this to direct losses rather than to any form of loss arising as a consequence of a
failure to provide a satisfactory network service.
Although attempts to restrict or exclude liability will be subject to judicial scrutiny,
parties will have considerable flexibility to define the extent of the obligations that they
are willing to accept. It would generally be considered acceptable and enforceable for a
network service provider to define the level of performance to be reasonably expected
from the network in terms perhaps of availability including period of operation. The total
number of active subscribers by ISPs are 167,091 as at August 2020 with the 39 ISPs
having a total of 1,288 Points-of-Presence (PoP).
Liability for defamation
The liability of network service providers for a defamatory statement stems from the fact
that in some cases they:
a. Allow for the publication of statements with the intent to annoy, abuse, threaten or
harass another person, and
b. Repeat the statements knowing of their illegality.
In the landmark case of Godfrey V. Demon Internet ltd (2001) Q.B 201 which concerned
online defamation and the liability of internet service providers, Morland J. found that
internet service providers were responsible for the re-publication of defamatory material
on each of their customer’s computers, making all ISPs and system operators open to
claims of defamation
Liability for copyright infringement
NSPs may be liable for content including claims for breach of copyright, in the context of
assisting the download of unlicensed software, musical works and other literary or
unauthorised materials.
Criminal Liability
Criminal liability with regard to transmitting or making available offensive material e.g
visual depiction involving the use of a minor engaging in sexually explicit conduct.
Virus transmission Liability
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Viruses can pass through the internet in a number of ways. The most common way being
by email and attachments.
Responsibility for virus infections can rest with a number of participants including the
code writer and the sender of the virus. The email transmission of a virus could however
result in liability on the part of the service provider, who operates the mail servers, who
could or should be aware of the existence of specific viruses and who may have an
obligation to prevent those viruses passing over the network. Overall, the potential
exposure of a service provider to liability depends on the extent of the services offered,
but within the context of network systems occupy an unusual position within the context
of tortious liability.

EXAMPLES OF NETWORK SERVICE PROVIDERS

1. Spectranet
Spectranet was awarded a License from the Nigerian Communications Commission
(NCC) in 2009 to promote Internet services across Nigeria.
Spectranet was among the first Internet Service Providers to launch 4G LTE internet
service in Nigeria and aims to be a leader in the Internet Services space.
Spectranet accounts for 245,839 out of the total 293,787 connected subscribers on ISPSs
networks. ISP has 135,725; active subscribers and 632 points of presence.
2. Tizeti
Tizeti is leveraging the large wireless capacity available with Wi-fi and plummeting cost
of solar panels to create a low CAPEX/OPEX network of owned & operated towers to
offer disruptive, customer-friendly pricing for unlimited internet service right across
Africa.
Tizeti provides high speed broadband internet to Residences, businesses, Events,
Conferences and deploys public Wi-fi Hotspot at locations across Africa.
Tizeti’s total connected subscribers are 21,655; active subscribers are 11,195 and it has
109 points of presence.
3. IPNX
IPNX is one of Nigeria’s fastest growing Internet service providers in Nigeria, serving a
multitude of needs across enterprises, small businesses and residents with innovative,
world-class services.
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Its ability to identify, satisfy and exceed today’s market needs is a testament to over a
decade of experience, commitment, drive and passion realized through highly skilled and
well-seasoned professionals.
As a pioneer and a leading Fibre-To-The-Home (FTTH) operator in
Nigeria, IPNX currently accounts for 12,164 connected subscribers; 7,567 active
subscribers with 53 points of presence.
4. Cobranet Limited
Cobranet Limited is rated as a leading Internet Service and data provider. Since its launch
in 2003, Cobranet provides every segment of the Nigerian society with a reliable and
secure Internet Service and Data management solution to the digital universe.
Cobranet currently offers corporate internet plans for organizations and medium sized
businesses over a state- of- the -art -radio network in Lagos, Abuja and Port Harcourt as
well as residential plans on a network topology which is rugged, dynamic and fully
redundant with negligible downtimes.
With 3,319 connected subscribers, Cobranet Limited has 100% active subscriber base
with 85 points of presence.
5. VDT Communications
VDT is a licensed Private Network service provider specializing in the provision of
Enterprise Wide Area Network (WAN) and Metropolitan Area Network (MAN) link
connectivity using Fiber Optic and Wireless Communication infrastructure and access
networks.
VDT is Broadband communication service provider to corporate organizations with
leased Fiber Optic trunks to the thirty-six (36) states in Nigeria and the FCT, where they
have 58 Point-Of-Presence (POP) and complement of technical support staffers. It has
also launched broadband service for the mass market. VDT has 2,404 total connected
subscribers with 1,731 active users.        
6. Vodacom
Vodacom Business (Africa) Nigeria, a wholly-owned subsidiary of the Vodacom Group,
is a pan-African corporate connectivity and telecommunications provider. They provide
services to the continent’s largest businesses in sectors including oil and gas, retail,
banking, mining, distribution, and tourism; helping them stay connected across Africa,
and to the rest of the world.
By utilizing on-the-ground support, Vodacom provides system integration and
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maintenance, high-speed Internet services, Pan-African data networks, Cloud and

Hosting Solution, wireless broadband and international VPNs, Enterprise Voice and
Internet of Things (IoT).
According to NCC’s data, total number of subscribers on Vodacom’s network (Nigeria)
are 1,461 with 1,424 of them active and it has 6 points of presence.
7. Hyperia
Hyperia achieved its license in Nigeria since 1997. Hyperia, member of CIS & Chagoury
group of companies is one of the oldest names in the African Internet space.
As Nigeria’s first Internet Backbone service provider, Hyperia is dedicated to providing
low cost and easy access to the Internet, using the very latest in Internet technology.
TechEconomy.ng gathered that Hyperia has a total of 1,460 connected subscribers and all
of them are active on the network which has 5 points of presence.
8. MainOne
MainOne (formerly Main One Cable) continues to invest significantly in bringing the
benefits of digital transformation across West Africa. With the influx of private capital
coupled with a huge working population, the continent is increasingly empowered to
drive growth and development.
MainOne’s SME-in-a-Box Connect is a converged internet and voice solution tailored
specifically to meet the needs of small and medium enterprises in Nigeria. MainOne’s
complete suite of telecoms services offer more value reliably and affordable, enabling
you to achieve optimal business results while remaining competitive.
The service is a simple to use, plug and play system that gives user direct and secure fibre
connectivity from their office to the rest of the world.
NCC’s statistics shows https://www.mainone.net/sme-services/sme-in-a-box-
connect/MainOne has 1,211 active subscribers which is the number of total connected
users and it has 44 Points of Presence.
9. ICSL
Information Connectivity Solutions Limited (ICSL) is a provider of premium broadband
network infrastructure and connectivity solutions. ICSL acquired the non-Oil & Gas
Telecommunications Business from Omnes Communications Nigeria Limited following
its divestiture by Schlumberger Information Solutions.
ICSL’s core competence is in the provision of stable and highly available wireless area
network (WAN) solutions.
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The company combines VSAT, microwave and fiber to deliver a solution that is tailored
to meet customer’s needs, rather than deliver a “straight-jacket” solution that may
become a “round peg in a square hole”.
The total number of connected users on ICSL network is 575 and the active users are 410
while the Points of Presence are 30.
10. Excelsimo Networks
Excelsimo Networks Limited is a Nigerian telecom company, licensed to provide Internet
Services by the Nigerian Communications Commission, (NCC).
The company boosts of experience and deep technical skills in Dedicated Internet
Services Provision, managed Point to Point and Point to Multi-Point Network
Connectivity, Data Center and Co-location services.
Excelsimo Networks has a state-of-the-art Teleport located at the heart of Gbagada,
Lagos, with a redundant Internet Back bone built through its own Optics Fiber Cable for
best breed quality of service, with a foot-print that covers Nigeria.
Excelsimo Networks’ total connected users are 572, according to. The active users are
559 while the Points of Presence are 28.
According to the NCC’s report, Orange is the only ISP without active users even though
it boosts of 142 total connected users, but with one Point of Presence.2
  11. Sairtel, a new Internet Service Providers (ISP) in the Nigerian
internet/broadband space is bringing to the fore a superfast and truly unlimited
internet at a very reasonable rate.
Leveraging on satellite technology, the company is making Nigerians understand that
superfast internet can be accessed from any part of the country thereby solving the
challenges that Mobile Network Operators (MNOs) and Internet Service Providers (ISP)
face over last mile and right of way (RoW).
Also offering subscribers options such as free migration and equipment. The company
has also made it known subscribers of other satellite services or extinct satellite
companies can still use their existing equipment to access or migrate to Sairtel services
thereby reducing the burden of purchasing new equipment. Deploying high performance
and affordable and best quality of unlimited internet connectivity in the country, the
Chief Executive Officer of Sairtel Nigeria, Salvation Alibor, said, “one of our unique go
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Okeowo Y. (2020) ) https://techeconomy.ng/
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to market approach is that out internet service is satellite based and has coverage in all
parts of the country especially the North East where many ISPs and MNOs have
abandoned or are offering a very epileptic service. Ours is to fill in these gaps that those
in those places that have challenge with topography. Our solution comes with unlimited
downloads, no data cap, no throttling and no FAP token required. These have set us apart
from our peers in the industry. With us, you do not need to worry when watching
Netflix or YouTube videos.”3
12. Viasat Inc, a global communications company, has been granted a full suite of
operating licenses—Internet Service Provider (ISP) license, VSAT license and three
Earth Stations in Motion (ESIM) licenses— in Nigeria.
They believe their proven satellite internet solution, will bring cost-effective internet
services to Nigerian towns where large gaps exist between demand and the affordability
and availability of internet services

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Okeowo Y. (2021) https://techeconomy.ng/