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 WEBHOST.LK, (the "Services"). As used in this Agreement, WebHost.lk means “S D SOFTWEB SOLUTIONS (Pvt) Ltd” 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 WebHost.lk site. As referred to in this Agreement, "Site" refers to a World Wide Web site and " WEBHOST.LK web site" refers to the Site located at the URL http://www.webhost.lk.
Client Liability and Indemnification
Client agrees to defend, indemnify and hold harmless to webhost.lk 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.Webhost.lk does daily backups, but we do not guarantee the integrity of the backup, therefore the client is responsible for backing up and download their data. Also WebHost.lk not maintain any data backup belongs to web hosting account after hosting account expire date. All data including backup file (if any ) will be deleted after 30 days from hosting account expire date. Client agrees to withhold any legal actions against webhost.lk if the event of data loss occurs. Webhost.lk is not responsible for loss of clients data, and client agrees that in no event shall webhost.lk be liable for any data / information /content /code /design /program loss.
Limitation of Liability
In no event shall webhost.lk. Be liable for damages resulting from loss of data, profits, use of the webhost.lk site or any webhost.lk 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.
Billing Policy
Payment Methods : Commercial Bank (in LKR), 2Checkout.com (for Credit / debit Card and paypal payments. All transactions in USD). You can select LKR or USD as your currency based on your payment method. However if you select LKR as your currency and you decide to pay using your Credit / Debit Card, then currency Conversion on this system : USD 1.00 = LKR 355.00. (Please note : Card issuer in Sri Lanka will be charged additional charge for foreign curreny payment due to current foreign curreny payment issues in Sri Lanka, this is completely out of our control )
You agree to pay for the services on time. Unpaid invoices will result in temporally suspension of your account. Invoices will be generated 7 days before the Due date (Date for renew) and your account will be suspended after 7 days from Due Daye ( 7 Days renewal grace period for Hosting Accountss.)
for Domain renewal, you'll get 12 days renewal grace period to settle th einvoice and renew the domain name without any additional fee. Expired Domain name cannot transfer to any other registrar. If you required to renew your EXPIRED domains after 12 days grace period (Domain redemption period) , then you need to pay Domain Renewal fee + Redemption Fee (USD 80 x Current exchange rate) + Rs. 2500/-
Invoice date : This is 14 Days before your Domain expire date. (to avoid loosing the Domain at registry level due to late payment.)
Due date : This is 7 Days before your Domain expire date. (to avoid loosing the Domain at registry level due to late payment.)
Account cancellation : You should open a Billing / Tech support ticket from your client area and inform us about cancellation of your services atleast 30 days before the expire date of your services. We will not generate renewal invoices when we receive your cancellation request.
Account Reactivation : Clients should pay Rs. 750/- as Account reactivation fee if they expecting to renew the services after expiring date. Also we only allow 12 days grace period for hosting account / Domain Name reactivation (Expired hosting account will be kept only 30 days and then it will be deleted with all data, there will be no backup mainain by us for ecpired accounts).
Lifetime Hosting Plans : All clients should purchasetheir primary domain (Main Domain) of the cPanel from us and Annually Renew the domain name with us. Also .lk or any other ccTLD not allow as primary domain. We don't allow Domain Transfer of Primary domain of the Lifetime hosting plan. If you need to transfer it, then the lifetime hosting plan will be canceled and it will not resetup any other domain name.
If you fail to renew and continue primary domain with us, then the Lifetime hosting plan will be canceled automatically.
Renewal price of Free Domain packages can be changed based on Domain Registration / renewal fee, LKR/USD exchange. Also WebHost.lk has the rights to change Hosting / Domain / VPS and prices for other services based on existing market condition, government tax policy.
There is a possibility for monthly, annual price increasement for services and will be mentioned on new renewal invoices. Price changes will not appply for existing billing period, so you can use your service until the end of active billing period without any additional payment.
30 Day Moneyback Gurantee : You will be received a refund if Your account cancel within the initial 30 days after sign up. But to request this you should clearly mention the reason by opening a Support Ticket to our support division. Refunds do NOT apply to Doamin registration, Domain renewal, Domain Transfer, SSL Certificates, dedicated IP addresses, Products given free with hosting plans / purchase as an addons (Include Software / Web Templates), Search Engine Optimization services, and Account Renewals. No refunds for hosting accounts, those have violated the Terms of Services mentioned on this page.
Acceptable Use
As a provider of web site hosting, and other Internet-related services, WebHost.lk offers its clients, their customers and users, the means to disseminate a wealth of public, private, commercial, and noncommercial information. WebHost.lk respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; WebHost.lk reserves the right to take certain preventative or corrective actions.
When information is disseminated through the Internet, they also must keep in mind that WebHost.lk 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 WebHost.lk network and may reach a large number of people, including both clients and non-clients of WebHost.lk, clients' postings to the Internet may affect other clients and may harm WebHost.lk goodwill, business reputation, and operations. For these reasons, clients violate WebHost.lk 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 webhost.lk, but also because it can overload webhost.lk network and disrupt service to webhost.lk clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, webhost.lk 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, and we may block / terminate your account without prior notice and without any refund if you are spamming. All our shre hosting accounts (Linux shared, Reseller) have Email sending limit as 150 Emails per hour. On VPS, Sending email limit is 1000 Emails per hour.
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. webhost.lk is required to remove or block access to customer content upon receipt of a notice of copyright infringement. Based on the nature of the violation, we'll have all the rights to suspend / terminate any account without prior notice, although we try our best to inform to the client. Accounts with Intellectual Property Violations will not re-activate on our servers.
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.
Unlimited Traffic / Features
We offer Unlimited monthly traffic with some hosting packages as well as Unlimited features (eg: email accounts / sub domains / databases ). However we normally put a numaric value for these features as soft limit to avoid abusing our services. but these limit will be raised block by block when user reach to these softlimits, so there will be no limitation for these unlimited traffic / unlimited features mention on our packages.
AVERAGE SERVER RESOURCE LIMITS
- Memory usage may not exceed 2% per domain/file/application
- CPU usage may not exceed 2% per domain/file/application for shared account
- CPU usage may not exceed 4% per domain/file/application for reseller account
- Apache connections may not exceed 30 connections
- 150 emails per hour, per domain
Defamatory or Abusive Language
Using webhost.lk 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
Any form of 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 Terms of Use
Advertising, transmitting, or otherwise making available any copyrighted 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, hosting chat scripts and piracy of software.
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.
We don't allow to host News web sites, Forums / blogs or any kind of web pages design for publish news on our servers (although these sites are not illegal)
Other Miscellaneous Activities
Engaging in activities, whether lawful or unlawful, that webhost.lk 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. webhost.lk will NOT, as an ordinary practice, monitor the communications of its client to ensure that they comply with webhost.lk policy or applicable law. When webhost.lk 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.
webhost.lk 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, webhost.lk urges its clients to assume that all of their on-line communications are insecure. webhost.lk cannot take any responsibility for the security of information transmitted over webhost.lk facilities.
webhost.lk 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. webhost.lk may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Finally, webhost.lk may disclose client information or information transmitted over its network where necessary to protect webhost.lk 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 webhost.lk and its clients, as responsible members of the Internet. Any complaints about a client's violation of this TOS should be sent to sales[@]webhost.lk Also resellers shouldn't re-create / re-host the banned / suspended site due to violation of this agreement. If found the whole reseller account (Including all cpanels) will be suspended and cannot reverse this under any circumstances. web hosting reseller should responsible for the contents on their client's accounts and if you found any illegal content, then you have to suspend those cpanels / plesk accounts from your WHM / Plesk account permanantly.
Communication with our staff
Customers may communicate with our staff in polite manner. If you are rude with our billing / sales or tech support (in any available communication methods), we will give you One Week (7 days) to find another hosting provider. In this period you should take all databackup and transfer your domain to your new host. After One week pass, we will permanently suspend your account and you will receive a refund for the unused portion of the service.
IP Ownership
If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.
Data Integrity:
As an added no-charge service, WebHost.lk performs occasional backups of its servers that house its webhosting and reseller packages. Any and all backup services provided by WebHost.lk, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Customer agrees / Customer's responsibility to maintain regular backup of their data at all times and keep those on safe, remote location. Should the Customer fail to retain a backup of their data during an instance of server's file system damage, data loss or corruption, and WebHost.lk does not hold a recent or valid copy, the Customer agrees to not hold WebHost.lk liable.
WebHost.lk 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 your hosting account..
Privacy Policy
What type of information does WebHost.LK collect?
When you visit our Web site, our Web server collects basic user information about you that includes your ISP's domain, the time you accessed our Web site, and the pages from within our Web site that you visit and is not personally identifiable information except as needed to prevent fraud or abuse of the system. When you sign up for WebHost.LK's services, you provide us with both contact and payment information. Contact information typically includes your name, address, e mail and phone number. Payment information typically includes your credit card number or bank account number.
How do we use this information?
WebHost.LK does not trade, rent or sell your personal information to any other organization or third party.
We use the contact information you provide us to establish our service for you. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. By pressing the “submit” button on order forms, each visitor constitutes consent to use the information for purposes stated in this Policy.
We may disclose contact information with your permission when gathering and posting testimonials. We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of WebHost.LK, our customers, or others. We may provide information to regulatory authorities and law enforcement officials in accordance with applicable laws or where WebHost.LK has a good faith belief that the law requires such disclosure.
WebHost.LK also will not disclose to third parties the contents of any electronic mail or other electronic communications that WebHost.LK stores or transmits for its customers
WebHost.LK will, however, review, delete, or block access to communications that may harm WebHost.LK, its customers or third parties. The grounds on which WebHost.LK may take such action include, but are not limited to, actual or potential violations of the TOS.
How Can I Access / Change my personal information?
You can access your personal information, such as your name, mail address and contact information, at anytime to correct or change any of the data shared with us when you became a customer of WebHost.LK. As a customer of WebHost.LK you can access your personal information by clicking on the “Customer Login” or “Member Login” link at the top of any Web page. Your account information is secure and is accessible by using a password that you select
Security
WebHost.LK has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information.
Creadit Card Details : 2CO (www.2checkout.com) Secure Server do all the credit card authorization and accepting payments behalf of WebHost.lk (S D SOFTWEB SOLUTIONS Pvt LTD). When you send a payment this way, we won't receive your financial information, such as your credit card or bank account number. Our system point you to the 2CO system for complete your online transaction because 2Checkout.com, Inc. is an authorized retailer of WebHost.lk (S D SOFTWEB SOLUTIONS Pvt LTD). Therefore you need to contact 2CO for any problem with your online transaction.
Links
Our Web site provides links to other Web sites, sites that may be maintained by companies that are not affiliates of ours. We are not responsible for the privacy practices or the content of such Web sites and we encourage you to use caution. In particular, we recommend that you view the privacy policy posted on each site to confirm the sites policies are acceptable to you. This Policy applies solely to information collected by this Web site..
Changes to our Policy
WebHost.LK reserves the right to change this Policy simply by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change.
Domain Registration Policy
Selecting a Domain Name
We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel.
Fees, Payment and Term
As consideration for the services you have selected, you agree to pay WebHost.LK the applicable service(s) fees. Registration will not be processed until payment for services is verified or received. All fees payable for domain names are nonrefundable. As further consideration for the domain name service(s), you agree to: (1) provide complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant WebHost.LK the right to disclose to third parties such Account Information. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.
It is STONGLY recommend to Renew your domain on / before the given due date on the invoice. There will be Rs. 750/- as domain re-activation fee (Excluding Domain Renew fee). Domains not possible to renew under normal renew fee After 12 Days ( renewal grace period ) from its Expire date (Domain registrar policy).
If you required to renew your EXPIRED domain on "Domain redemption period", then you need to pay Domain Renewal fee + Redemption Fee (USD 80 x Current exchange rate) + Rs. 2500/-
Domain name registred as Main domain for Life Hosting Plan cannot be change or transferred elsewhere and you should annually renew the domain name with webhost.lk. If you need to transfer this main domain You should cancel the Life Hosting Plan OR Convert it to Annual renewal hosting plan.
Modifications to Agreement
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on webhost.lk's Web site. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail.
Modifications to Your Account
In order to change any of your account information with us, you must use your e – Mail Address that you selected when you opened your account with us. Also please safeguard your Account Identifier and Password (Which we provided to you) from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
Domain Name Dispute Policy
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy"). GoDaddy Inc is our Main Domain Registrar and you need to agree to the Domain Registration Agreement and / or Domain Renewal Policy and / or Domain Transfer Agreement of Godaddy.com.
Domain names are often referred to simply as domains and domain name registrants are frequently referred to as domain owners, although domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.
Announcements
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any webhost.lk services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). WebHost.LK shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the webhost.lk services or for the cost of procurement of substitute services.