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This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by WebHostingLanka, (the "Services"). As used in this Agreement, " WebHostingLanka" means webhostinglanka.com and "Client", "you", or "your" means you. By submitting your order or purchasing any service, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the webhostinglanka.com site. As referred to in this Agreement, "Site" refers to a World Wide Web site and " WebHostingLanka web site" refers to the Site located at the URL http://www.webhostinglanka.com , or any other successor Sites owned or maintained by WebHostingLanka.
Client Liability and Indemnification
Client agrees to defend, indemnify and hold harmless WebHostingLanka from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
WebHostingLanka does daily backups, but we do not guarantee the integrity of the backup, therefore the client is responsible for backing up their data. Client agrees to withhold any legal actions against WebHostingLanka if the event of data loss occurs. WebHostingLanka IS NOT RESPONSIBLE FOR LOSS OF CLIENTS DATA, AND CLIENT AGREES THAT IN NO EVENT SHALL WebHostingLanka BE LIABLE FOR ANY DATA/INFORMATION/CONTENT/CODE/DESIGN/PROGRAM LOSS.
Limitation of Liability
IN NO EVENT SHALL WebHostingLanka. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WebHostingLanka SITE OR ANY WebHostingLanka PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
Acceptable Use
As a provider of web site hosting, and other Internet-related services, WebHostingLanka.com offers its clients, their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. WebHostingLanka.com respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, WebHostingLanka.com reserves the right to take certain preventative or corrective actions.
When information is disseminated through the Internet, they also must keep in mind that WebHostingLanka.com does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over WebHostingLanka.com network and may reach a large number of people, including both clients and non-clients of WebHostingLanka.com, clients' postings to the Internet may affect other clients and may harm WebHostingLanka.com goodwill, business reputation, and operations. For these reasons, clients violate WebHostingLanka.com policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward WebHostingLanka.com, but also because it can overload WebHostingLanka.com network and disrupt service to WebHostingLanka.com clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WebHostingLanka.com has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. If the messages is spam, the client may be charged Rs. 10,000 for this violation, and we may terminate your account without prior notice and without any refund if you are spamming.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. WebHostingLanka.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WebHostingLanka.com policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Bandwidth and Server Resources
A virtual server is a shared environment where many web sites and users reside on each particular machine. Bandwidth is not a problem due to our enormous and extremely fast network we take pride in. You may use up to your bandwidth quota, and additional bandwidth must be purchased prior to addition use of bandwidth on top of your quota, or you should upgrade to the next plan (web hosting package) if applicable. Anyone who is using very CPU intensive programs and/or scripts that utilize an excessive amount of CPU time will be warned, and if not removed, the program will be terminated and the site may be removed without prior notice.
Access user account through server IP or the server name only for testing purposes and also limit toshort period of time. If we found long period of access - By direct URL or direct / indirect link to the account on server - then we will suspended the account and considered as an abuse activity. In this case no refund available. Use your propper Domain name to access the account on our server. ** Please note, We are not re-activate the suspended accounts except suspended by due balance.
Defamatory or Abusive Language
Using WebHostingLanka.com network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.
Forging of Headers Forging
Forging of headers or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.
Adult Material
Adult materials are not allowed on our servers .
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is strictly prohibited. Extracting web site contents such as images, animations and unique contents without a legal permission of the web site owner is strictly prohibited. We will make an action against that sort of activities such as account suspending, login blocking to user account ( To our member area) or completely terminating the account without any notice.
Facilitating a Violation of this TOS
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOS, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Also placing / distributing of copyrighted materials from other sources without the permission of owners is completely illegal. If the legal parties ask from us to avoide this as a hosting provider, we do not hesitate to work on our TOS.
Distribution of Internet Viruses, Worms, Trojan Horses
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available pyramid schemes, fraudulently charging credit cards, and pirating software
Other Miscellaneous Activities
Engaging in activities, whether lawful or unlawful, that WebHostingLanka.com determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. WebHostingLanka.com will NOT, as an ordinary practice, monitor the communications of its client to ensure that they comply with WebHostingLanka.com policy or applicable law. When WebHostingLanka.com becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Consequences for engaging in prohibited conduct
In the event that you engage in any of the activities above, and as determined by web hosting lanka in its sole discretion to be abusive or disruptive, WebHostingLanka may take any one or more of the following actions in response to abuse or complaints. In addition WebHostingLanka in its sole discretion may bill you $40 (Rs. 4000) per case to cover administrative costs and/or reactivation charges:
- Issue warnings: written or verbal.
- Suspend the account and access.
- Terminate the account and access.
- Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
WebHostingLanka.com also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WebHostingLanka.com urges its clients to assume that all of their on-line communications are insecure. WebHostingLanka.com cannot take any responsibility for the security of information transmitted over WebHostingLanka.com facilities.
WebHostingLanka.com will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. WebHostingLanka.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Finally, WebHostingLanka.com may disclose client information or information transmitted over its network where necessary to protect WebHostingLanka.com and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this TOS is helpful in clarifying the obligations of Internet users, including WebHostingLanka.com and its clients, as responsible members of the Internet. Any complaints about a client's violation of this TOS should be sent to support@WebHostingLanka.com |