Last Revision: 04/05/2020
This legal Agreement is between WEBBYCITY PRIVATE LIMITED, a company incorporated as a Private Limited Company in Sri Lanka (hereinafter referred to as “Provider.lk”) and the person (individual or legal person, hereinafter referred to as the “Customer”) whose signs Provider.lk’s service order and set up form (the “Order”) incorporating this Agreement. This Agreement governs Customer’s use of services provided by Provider.lk. Customer agreement to be bound by these terms is acknowledged by Customer’s use of the web services, support services and/or any software made available to the Customer by Provider.lk.
- Terms & jurisdiction
The initial service term of the agreement shall begin on the date that Provider.lk generates an email message to the Customer informing the activation of Customer’s account (the “Service Commencement Date”) and shall continue for the number of months or years stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Customer provides Provider.lk with a written notice of cancellation prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. This may also be processed by requesting cancellation from within the Customer GUI. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term”.
The Terms of Service and the relationship between the Customer and Provider.lk shall be governed by the Sri Lanka law, without regard to its conﬂict of law provisions.
Customer agrees that Provider.lk may modify this Agreement and the services offers to Customer from time to time. Customer agrees to be bound by any changes Provider.lk may reasonably make to this Agreement when such changes are made. The terms of this Agreement shall continue in full force and effect until the Term of this Agreement ends.
- DISCLAIMER OF WARRANTIES
PROVIDER.LK DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW PROVIDER.LK DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
- LIMITATIONS OF LIABILITY
CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER.LK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Customer agrees to indemnify and hold harmless Provider.lk, Provider.lk’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages,
amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the Acceptable usage policy (AUP) by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
- Customer duties
In order to use Prvoider.lk services, the Customer is required to provide current and factual identification, contact and other information as part of the registration process. Provider.lk may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until both existing Customer Contact and the New Contact have provided a written notice changing the Primary Customer Contract. The Customer is responsible for the confidentiality of the Customer’s account information and solely responsible for all content and Data within the account.
- Acceptable usage policy (AUP)
a. Acceptable use of network and systems
Customers significantly or repeatedly exceeding the usage limits or network bandwidth limits per package specification or the system resources usage limits below will have their service connection suspended, disconnected or throttled without notice, may be subject to overages if usage is quite significant and will have the option to upgrade at the sole discretion of Provider.lk.
The system resources usage limits applies to any shared hosting and reseller hosting customer. Customer may not:
- Use 10% or more of system CPU or memory resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Use more that 50% from the overall disk utilization for email services hosting.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
- Run cron entries with intervals of less than 15 minutes.
- Send more than 100 emails per hour per package.
- Use your account storage to store compressed files such as ZIP, GZ for more than 7 days.
You may create your own backup of your account from your control panel however these may only be stored for up to 4 days. Please download archives to a local source and remove them from your account.
b. Spam and UCE
Provider.lk has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Customers of Provider.lk may not use or permit others to use our network to transact in spam messages. Customers to Provider.lk may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Provider.lk’s SPAM policy will result in severe penalties – Upon notification of an alleged violation of our SPAM policy, Provider.lk will initiate an immediate investigation (within 12-24 hours of notification). During the investigation, Provider.lk may restrict Customer’s access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Provider.lk may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Provider.lk reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Provider.lk will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy may result in an Administrative Fee of Rs.1,500.00 LKR at the discretion of management and your account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of Rs.2,500.00 LKR and immediate termination of your account. Customers who violate this policy agree that these fees will be paid on request. Please see Failure to Pay and Payments and Fees information.
c. Prohibited content
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc).
- Information, instructions, links, etc containing malicious code.
- Hate speech or hate propaganda.
- Scripts or systems that cause server performance issues.
- Misrepresentation of member’s identity, or impersonation.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
- Content that is deemed by Provider.lk, in its sole discretion, to be harmful to Provider.lk.
- Solicitation or sale of any harmful/illegal products or service
- Billing terms
a. Invoicing and payments
Invoices are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Provider.lk may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Provider.lk to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Provider.lk will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Payment is due on invoicing unless cancellation is requested.
Any payments not made within three (3) days of due date will have the associated service suspended without further notice and a late fee of TWO HUNDRED RUPEES (Rs.200) may be applied for each service in the overdue invoice. Any suspended service will be terminated and destroyed after 7 days suspended without further notice. Any past due invoices turned over to our collections service with an additional collections fee of ONE THOUSAND FIVE HUNDRED RUPEES (Rs.1500) will be applied in addition to any past due balance and/or late fees. Customer is responsible for reimbursing Provider.lk for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. When an account becomes overdue Provider.lk reserves the right to suspend all the active and paid-for services until such time outstanding unpaid invoices are settled.
Customers are aware that Provider.lk may prospectively change the specified rates and charges from time to time in accordance with foreign exchange rates. Customer is responsible for any additional Bank fees, interest charges, finance charges, overdraft charges or any other fees resulting from charges billed by Provider.lk.
Cancellation requests must be submitted through the Provider.lk client area prior to the expiration of the Initial Term or any Renewal Term. To do this, click the icon next to the package that should be cancelled, then press ‘Request Cancellation’ and submit the completed form. Auto renewal for domain names should be disabled from the Provider.lk’s client area prior to the expiration of the Initial Term or any Renewal Term if Customer does not wish to renew. No other forms of cancellation are accepted.
Choosing an immediate cancellation means the service will be terminated with 24 hours of submitting the form. Customer is responsible to ensure any PayPal subscriptions are cancelled.
c. Refund policy
If Customer is unhappy with any aspect of the service provided by Provider.lk, Customer may provide a notice to Provider.lk in order to rectify the situation. If the problem cannot be fixed and Customer is not satisfied with the outcome, Customer may be entitled to a refund within first 15 days. Refunds will only be issued for the Initial Term of the first Order and Customer will not be eligible for any refund if more than one order has been placed.
- Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, customized services/orders or any other products or services including licenses provided by Provider.lk through other companies/upstream providers.
- No refunds are provided for VPS or dedicated servers under any circumstances.
- No refunds will be made if Provider.lk terminates the Term due to violation of this Agreement.
- Credit on Customer account cannot be refunded and must be used for purchases and renewals.
- Accounts purchased under a promotion, with or without a promo code, are excluded from the 15 day money back guarantee.
- Any funds sent to Provider.lk which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
- Uptime guarantee
Provider.lk provides a 99.9% Uptime Guarantee on all Provider.lk’s Hardware and on Network Connectivity. In any given year, if your server is ofﬂine due to a unscheduled hardware failure of Provider.lk, or an unscheduled failure of the Provider.lk’s network for more than 0.1% of the time, you may request a pro-rata credit for the down time. Specific exclusions exist where the Provider.lk network is working normally, but upstream issues, such as a Data Center or Carrier failure or DDOS is impacting customer routes to the cloud. Planned maintenance announced via internal ticket or our Provider.lk status page is not covered by this guarantee.
- Support & services
Provider.lk offers comprehensive 24/7/365 technical support to all Customers via our Ticketing System (available via Email and GUI). Some general guidelines and terms are:
- Provider.lk supports fully any issue related to the Provider.lk servers’ physically functioning
- Provider.lk does not offer technical support for application specific issues, such as configuration, programming, web or mail server configuration or any such issue
- Provider.lk does not provide technical support to your customers or users
- The use of all Provider.lk services is at your own risk
- Provider.lk Snapshots and backups are not guaranteed or validated in any way
- You agree to take full responsibility for all files and data in your account
- You agree to maintain locally an appropriate backup of files and data stored on the Provider.lk servers
- Interaction with customer service
Provider.lk team takes great lengths to provide professional and satisfactory Customer service at all times. For the safety, well-being, and protection of Provider.lk’s staff and their families Provider.lk holds a zero tolerance policy in regards to abuse of the staff. Customer may not threaten, bully, intimidate, abuse, shout at, swear at, insult, or otherwise disrespect Provider.lk’s staff during any form of direct/indirect communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. It is not acceptable to treat another human being abusively, nor is it acceptable to threaten their livelihood or well-being in order to gain a discount, continue violating this agreement, or have someone rush a support request – Provider.lk holds zero tolerance policy with anyone who abuse the staff. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place, no refund will be given.
- Law enforcement information
The Provider.lk terms specifically prohibits the use of our service for illegal activities. Therefore, Customers agree that the company may disclose any and all the account holders information including assigned IP numbers, account history, account use, etc. to any member of a law enforcement body who makes a written request, without further consent or notification to the Customer. In addition, Provider.lk shall have the right to terminate all service set forth in this Agreement.