By submitting the online order form, or by using LankaHost.net ’s service, Customer hereby agrees to LankaHost.net ’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”,
“we”, “our”, and “ours” shall refer to LankaHost.net a Colombo corporation, and
all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”,
and “them” shall refer to the Customer of LankaHost.net.
Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “LankaHost.net” shall refer to LankaHost Web Hosting Network - Sri Lanka, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “LankaHost.net” and “LankaHost” shall have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS, LankaHost.net’s Acceptable Use Policy (AUP), and LankaHost.net’s
No-Spam Policy (NSP). Customer further agrees that it has read LankaHost.net’s Privacy Policy and agrees to all the terms
and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers
to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
- 1.1. Customer agrees to pay, in advance of each
yearly service term, for hosting services to be rendered.
- 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order LankaHost.net’s service for a certain minimum period of time.
- 1.3. Customer agrees to a no-refund policy in advance. Setup fees and
yearly web hosting service fees are non-refundable.
- 1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
- 1.5. LankaHost.net is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for LankaHost.net’s services.
2. Agreement for Services.
- 2.1. LankaHost.net will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment.
- 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to LankaHost.net.
- 3.1.1. Customer must pay in full for the Services before LankaHost.net begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that
LankaHost.net apply the amount due at any time to the credit card listed on file.
- 3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
- 3.2. Payment is due on the defined monthly recurring billing date of each payment
durations. Customer can use any payment method that we
notice by email and display on here.
4. Delinquent Accounts.
LankaHost.net may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which LankaHost.net may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the LankaHost.net Web site. You can find the “Cancellation Request Form” at the following Web page:
http://www.lankahost.net/forms/cancellation.php
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO LankaHost.net ARE NONREFUNDABLE.
All payments to LankaHost.net, Inc. are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as
chargeback's, which, in LankaHost.net Inc's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
7. Backups.
- 9.1. In order to allow us to provide the best service to you,
LankaHost accounts are backed up daily and weekly excluding Budget reseller accounts which are backed up weekly only. However, these backups are intended for
LankaHost’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service,
LankaHost always seeks to create complete and accurate backups of customer accounts.
- 9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE,
LankaHost DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
- 9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
- 9.4. LankaHost does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that
LankaHost’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of
LankaHost or any of its employees or agents, and regardless of whether
LankaHost had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
- 9.5. In the event that you need to recover data from a backup,
LankaHost will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN,
LankaHost DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
- 9.6. You understand and agree that LankaHost’s backup policy does not create any warranties for whose breach
LankaHost can be held liable.
8. Customer agrees to defend, indemnify, and hold harmless
LankaHost, and the parents, subsidiaries, successors, assigns, employees and agents of
LankaHost against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
9. LankaHost SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF
LankaHost SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
9.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
10. Notices.
- 10.1. From LankaHost.net to Customer.
Lankahost will notify you by e-mail of any notices that
LankaHost is required to provide to you under this Agreement, at the most current e-mail address you have provided to
LankaHost..
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that
LankaHost has your most current e-mail address, and
LankaHost shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that
LankaHost sends to the most current e-mail address you have provided to
LankaHost.
- 10.2. From Customer to LankaHost.
Unless otherwise specified in this Agreement, notices to
LankaHost shall be sent to the following address:
LankaHost.net, Inc.
No 24,
Endagala,
Eppawlaa,
Sri Lanka, 50260
11. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
12. Currency.
All monetary amounts to which this Agreement refers shall be in United States dollars
or Sri Lanka Rupees.
13. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and LankaHost.net, and supersedes any prior or previous agreements between you and
LankaHost with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which
LankaHost notifies you from time to time, pursuant to this Agreement.
14. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
15. Assignment.
- 15.1 Customer shall not assign or attempt to assign its obligations under this Agreement without
LankaHost’s prior and express written consent to such assignment.
- 15.2. LankaHost may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
16. Force Majeure.
LankaHost shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of
LankaHost.
17. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
18. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to
LankaHost’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
19. Denial of Service
LankaHost reserves the right to refuse or discontinue service to anyone at our sole discretion.
20. Abuse of LankaHost Staff or Support Personnel.
- 20.1. At LankaHost, we take pride in providing excellent service to all of our
customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
- 20.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service.
- 20.3. Abusive conduct includes, but is not limited to, the following behaviors:
- Repeatedly addressing members of our staff in a demeaning or rude manner;
- Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
- Yelling or shouting at our staff;
- Deliberately using all capital (uppercase) letters in any written communication to our staff;
- Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
- Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
R1. No Free Services to Be Offered.
YOU may not use YOUR account or OUR services to offer any of the following kinds of FREE services but are not limited to:
- Free Web hosting services;
- Free e-mail services;
- Free blogging services;
- Free home pages;
- Free image hosting;
- Free trial accounts.
There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:
First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.
Second, OUR customers, are all paying for prompt,
reliable service and WE have built a solid
reputation for delivering excellent service to them.
WE cannot risk having unidentified persons damage
OUR reputation.
Third, users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.
Fourth, spammers, operators of phishing and pharming scams, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose OUR servers to severe abuse and could harm US, all of OUR customers, and all the customers of OUR resellers.
Fifth, free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as OUR policies, WE must prohibit them.
If YOU violate this prohibition on free services, WE may suspend or terminate YOUR account immediately, with or without notice, as WE in our sole discretion deem necessary to address the situation.
R5. Termination and Restoring Accounts .
We are solely responsible for terminating or deleting any of the accounts for and for restoring those accounts when appropriate.
YOU hereby agree to assume all responsibility for the Consequences of Breach or Default.
YOU hereby further agree to defend, indemnify, and hold harmless LankaHost.net and
LankaHost, and the parents, subsidiaries, successors, assigns, employees and agents of LankaHost.net and
LankaHost against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) that are or arise out of the Consequences of Breach or Default, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
