HOSTING TERMS AND CONDITIONS

1. Agreement

These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.

These terms also apply to every user of the Service. It is a condition of your use of the Service that:

1.  you comply with these terms and conditions;
2. you ensure that you are aware of these terms and conditions; and
3. you ensure that that you are complying with these terms and conditions.

CHANGES TO THESE TERMS AND CONDITIONS.

These terms and conditions are subject to change as time goes by.

We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.

DURATION OF THIS AGREEMENT.

This agreement commences on the date you sign up for the Service by:

1. Providing your approval to host your website with HOSTING4U.lk.

This agreement continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason:

1. our obligation to provide the Service to you ceases;
2. you must not attempt to use or access the Service after the date of termination;
3. each party’s rights and obligations accrued prior to termination are not affected;
4. we may delete all of your data from any storage media; and
5. clauses 7 and 9 continue.

If the HOSTING4U.lk terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the HOSTING4U.lk terminated this agreement due to failure by you to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid hosting fees.

2. Server / Network Maintenance.

SCHEDULED MAINTENANCE.

In order to keep our servers up to date, the HOSTING4U.lk will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

The HOSTING4U.lk will attempt to perform all scheduled maintenance at off-peak time

UNSCHEDULED MAINTENANCE.

Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.

3. Client Data and Data Backup.

UPLOADING CLIENT DATA

You must comply with intellectual property rights of the data you are going to host on our platform.  HOSTING4U.lk will not liable for any intellectual property claims during the course of providing the Service.

Subject to this clause 3 and the Acceptable Use Policy, you may upload content that you wish to be part of your website, in the manner and form and at the times directed by HOSTING4U.lk and the HOSTING4U.lk from time to time.

You must ensure that all your Data:

1. complies with any content standards set by the HOSTING4U.lk or HOSTING4U.lk from time to time;
2. complies with the Acceptable Use Policy;
3. complies with all Laws; and
4. does not infringe the intellectual property rights of any person.

the HOSTING4U.lk may remove any Client Data it considers unsuitable.

DATA BACKUP

It is your responsibility to maintain local copies of your web content and information. The HOSTING4U.lk performs weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

UPDATES OF WEBSITE SOFTWARE

From time to time, HOSTING4U.lk may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:

1. the security of your website and Client Data may be compromised

4. Sub-domains and Account Rights.

SUB-DOMAINS

The HOSTING4U.lk may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the HOSTING4U.lk .

The domain names (and all sub-domains of those domains) are provided at the HOSTING4U.lk’s discretion. We make no guarantee that:

1. you will be provided with a domain name or sub-domain by the HOSTING4U.lk;
2. any particular domain name is or will continue to be available for you to use; or
3. no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.

If any dispute arises in relation to a domain name provided by the HOSTING4U.lk, then the HOSTING4U.lk may withhold, suspend or cancel the domain name.

We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the HOSTING4U.lk’s supply or failure or delay in supplying these sub-domains.

HOSTING PLAN

At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:

1. disk space (web files, email and database);
2. maximum monthly level of traffic usage before incurring extra traffic costs;
3. number of domains, sub-domains and domain aliases;
4. mySQL databases; and
5. email mail lists,

that is included in the Services.

NO RESALE

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

ACCESS TO THE ACCOUNT

Access to your account using the Service includes access to:

1. your website; and
2. File Access: files stored on the website/hosting account, via the C-PANEL manager.

The Service does not include access to the any other HOSTING4U.lk’s hosting accounts.

You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.

 TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES

The Fees include the provision of normal web hosting and server maintenance services.

At your request, we may carry out Additional Services for you, for example:

1. technical support for application specific issues, such as PHP, html or script installation

You must pay for all Additional Services that you request at our then current Professional Rates.

SUSPENSION OR TERMINATION OF ACCOUNT

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you are complying with this agreement.

We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:

1. we believe that your use of the Service may be in breach of any law;
2. we believe that you have committed a breach of this agreement;
3. we believe that your use of the Service may compromise or have an adverse effect on our systems or networks; or

If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the HOSTING4U.lk in respect of any action reasonably taken by us under this clause 4, and you indemnify HOSTING4U.lk against any claim arising out of the same.

5. Payment.

BILLING.

At the commencement of this agreement, the following billing method is implemented:

1. annual billing for the hosting fees applicable to your Hosting Plan;.

You must pay all Service charges, minimum charges and other amounts incurred by you incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.

FEES.

You are liable to pay the following fees:

1. the setup fee (if any) that we advise you of at the commencement of the agreement;
2. fees for Excess Traffic Usage (if any) for each month, and
3. fees for Excess Storage (if any) for each month,
4. fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,

collectively, the Fees.

The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or HOSTING4U.lk.

The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with HOSTING4U.lk.

At the time of purchase, the you will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.

CHANGES TO FEES.

Our current Fees are set out in your quotation. They will apply to you for the duration of the billing period.

We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the HOSTING4U.lk website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.

INVOICING.

Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from HOSTING4U.lk.

We reserve the right to immediately terminate the Service if payment is not received timely.

The HOSTING4U.lk is not responsible for data integrity on accounts suspended for non-payment.

GST.

Unless we expressly state otherwise, all fees and charges do not include GST.

If at any time we decide that GST is payable on supplies made by us, or if the Government authorities assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the fees or other charges (as the case may be) at the GST rate prevailing at the relevant time. We reserve the right to recover from you at any time such an amount on account of GST on supplies made by us to you under this agreement.

6. Limitations of Service

You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:

1. the services provided under this agreement will not be uninterrupted or error free;
2. the services may not meet your requirements; and
3. your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.

7. Liability

1. our liability to you for any Loss, however caused (including by our negligence), that you suffer or incur in connection with the Service or this Agreement, whether or not you were aware of the possibility of such Losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement;
2. the maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason;
3. we are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement) sustained by the you or any other person arising from or in connection with the Service or this agreement;
4. we are not liable for any Losses you suffer or incur by or in connection with the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; and
5. we are not liable for any Losses you suffer or incur due to factors outside our reasonable control.

8. You agree to abide by the HOSTING4U.lk’s Acceptable Use Policy.

You are solely responsible for dealing with persons who access your Data, and must not refer complaints or inquiries in relation to such data to us.

You must ensure that you are complying with the Acceptable Use Policy at all times in relation to the Service.

The HOSTING4U.lk reserves the right to immediately discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and these terms and conditions. We are not liable for any Losses that you suffer as a result of any such discontinuation.

9. You indemnify us.

The Client agrees to indemnify and hold harmless HOSTING4U.lk and the employees and agents of the HOSTING4U.lk and HOSTING4U.lk (together, “Indemnified Parties”) 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 Subscriber’s use of the Services and Products, and will reimburse each 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.

10. Governing Law

This agreement and the transactions contemplated by this agreement are governed by the law of the country we operate.