Terms of Service

Last Revision: 07/04/2018

This legal Agreement is between WEBBYCITY PRIVATE LIMITED, a company incorporated as a Private Limited Company in Sri Lanka (hereinafter referred to as “LKWebHosting”) and the person (individual or legal person, hereinafter referred to as the “Customer”) whose signs LKWebHosting’s service order and set up form (the “Order”) incorporating this Agreement, which include the following documents by reference: A. GENERAL TERMS, B. PRIVACY POLICY and C. ACCEPTABLE USAGE POLICY (hereinafter referred to as “AUP”) . This Agreement governs Customer’s use of services provided by LKWebHosting. 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 LKWebHosting.

A. GENERAL TERMS

1. TERM
The initial service term of the Agreement shall begin on the date that LKWebHosting generates an Email message to Customer announcing 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 LKWebHosting with written notice of non-renewal prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term”.

2. MODIFICATION
Customer agrees that LKWebHosting may modify this Agreement and the services offers to Customer from time to time. Customer agrees to be bound by any changes LKWebHosting 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.

3. DISCLAIMER OF WARRANTIES
LKWEBHOSTING DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW LKWEBHOSTING 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.

4. LIMITATIONS OF LIABILITY
CUSTOMER EXPRESSLY UNDERSTAND AND AGREE THAT LKWEBHOSTING 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.

5. INDEMNIFICATION
Customer agrees to indemnify and hold harmless LKWebHosting, LKWebHosting’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 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.

6. SUSPENSION/TERMINATION
(a) Suspension of Service
Customer agrees that LKWebHosting may suspend services to Customer without notice and without liability before the Term ends if: (i) LKWebHosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) LKWebHosting reasonably believes that the suspension of service is necessary to protect its network or its other customers; (iv) LKWebHosting reasonably believes that Customer Customer violates Section 4 (Interaction with Customer Service); Customer violates Section 6 (BILLING TERMS) or (v) as requested by a law enforcement or regulatory agency. Customer shall pay LKWebHosting’s reinstatement fee if service is re-instituted following a suspension of service under this subsection.

(b) Termination
The Agreement may be terminated by Customer prior to the expiration of the current Term without liability by submitting a cancellation request from LKWebHosting client area. The Agreement may be terminated by LKWebHosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if Customer is overdue on any payment of any amount related to any service due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within two (2) days of a written notice from
LKWebHosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once; or (iv) without a prior notice if Customer violates Section 9 (CUSTOMER INFORMATION) and/or Section 74 (INTERACTION WITH CUSTOMER SERVICE) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

7. INTERACTION WITH CUSTOMER SERVICE
LKWebHosting team takes great lengths to provide professional and satisfactory Customer service at all times. For the safety, well-being, and protection of LKWebHosting staff and their families LKWebHosting 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 LKWebHosting 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 AUP, or have someone rush a support request – LKWebHosting 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.

8. BILLING TERMS
(a) Fees
Fees 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. LKWebHosting may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes LKWebHosting 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 LKWebHosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.

Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. Customer is responsible for reimbursing LKWebHosting for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be overdue and a late fee of TWO HUNDRED RUPEES (Rs.200) may be applied for each service in the overdue invoice and related accounts may be suspended. Accounts not paid in full within seven (7) days of the invoice due date may be terminated and 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.

(b) Cancellation
Cancellation requests must be submitted through the LKWebHosting 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 LKWebHosting 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 LKWebHosting, Customer may provide a notice to LKWebHosting 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 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 provided by LKWebHosting through other companies/upstream providers.
– No refunds are provided for VPS or Dedicated servers under any circumstances.
– No refunds will be made if LKWebHosting 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 LKWebHosting which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
– 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.

9. CUSTOMER INFORMATION
Customer represents and warrants to LKWebHosting that the information he, she or it has provided and will provide to LKWebHosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to LKWebHosting that he or she is at least 18 years of age. LKWebHosting 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.

10. ELECTRONIC COMMUNICATIONS
Both LKWebHosting and Customer agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. Notices to LKWebHosting under the Agreement shall be given using electronic media via Email and/or support ticket. Notices to Customer shall be given by posting notices on LKWebHosting website and/or via electronic mail/support ticket to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

11. GOVERNING LAWS
The Agreement shall be governed by the laws of Sri Lanka, exclusive of its choice of law principles, and the laws of the United States of America, as applicable.

BULK EMAIL AND COMMERCIAL ADVERTISING
LKWebHosting servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a fee of ONE THOUSAND RUPEES (Rs.1000) for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

RESOURCE USAGE
Resources usage policy applies to any shared hosting and reseller hosting customer. User may not:
– Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
– 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.
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.

REFUND POLICY
If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service, you are entitled to a refund within 15 days. There are no refunds past the 15 day period.

– 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 provided by LKWebHosting through other companies/upstream providers.
– No refunds are provided for VPS or Dedicated servers under any circumstances.
– No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
– Credit on your 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 LKWebHosting which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
– Refunds will only be issued for your first order with us and you will not be eligible for any refund if you places more than one order with us.

INDEMNITY
You agree to indemnify and keep indemnified LKWebHosting (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by LKWebHosting as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.

LIMITATION OF LIABILITY
LKWebHosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from LKWebHosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, LKWebHosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of LKWebHosting servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@lkwebhosting.com. All complaints will be investigated promptly.

Customer hereby grants to LKWebHosting a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order : (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and (b) make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, LKWebHosting is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.