THE HOSTING SERVICES AGREEMENT – www.mysite.lk , www.mymail.lk
- General Terms and Conditions
1.1. THE HOSTING SERVICES AGREEMENT
1.2 DEFINED TERMS
Some words used in the Agreement have particular meanings:
“Acceptable Use Policy” or “AUP” means the LKDR Acceptable Use Policy as of the date you sign the Agreement.
“Business Day” or “Business Hours” means 8.30 am to 5.00 pm Monday through Friday, excluding mercantile holidays in Sri Lanka.
1.3 OBLIGATIONS of LKDR
The LKDR shall be solely and personally responsible for the due performance of all the terms and conditions in this Agreement.
1.4 OBLIGATIONS OF THE CUSTOMER
You, the customer, must use reasonable security precautions in connection with your use of the Services. You must comply with the laws applicable to your use of the Services and with the Acceptable Use Policy. Both parties must agree to work together to promptly resolve any disputes.
1.5 PROMISES WE DO NOT MAKE
We, LKDR do not promise that the Services will be uninterrupted, error-free, or completely secure. You, the customer acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
LKDR disclaims all warranties or conditions not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose, with respect to the services. LKDR does not guarantee that users will be able to use the services at times or locations of their choosing. LKDR does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or LKDR in particular. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘"AS IS, AS AVAILABLE" basis without any warranty of any kind.
LKDR will provide advice or support services only to your administrative or technical contacts listed on your account and no advice or information given by LK DR directly to your end-users unless specifically agreed.
1.6 TAXES ON SERVICES: All government taxes will be applicable.
1.7 TERMS AND FEES
All the Terms and Conditions mentioned here will be applicable for any of the mysite.lk services. Pricing of the packages/renewal chargers will be applicable as listed in the website www.mymail.lk or www.mysite.lk. LKDR has the authority to change the package pricing where necessary when upgrading the packages or service level.
1.8 SUSPENSION OF SERVICES
In the event of notice of possible violation by Customer of the AUP, LKDR may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of the Agreement. In the event LKDR takes corrective action due to a violation of the AUP, LKDR shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that LKDR shall have no liability to Customer or any of Customer's end-users due to any corrective action that LKDR may take including, without limitation, suspension, termination or disconnection of Services.
LKDR will also suspend the service if an attack is launched on your Hosted System or your Hosted System is accessed or manipulated by a third party without your consent.
2.1 LKDR WARRANTIES
LKDR represents and warrants that it has the power and authority to enter into and perform its obligations under the hosting services agreement and the services under this agreement shall be performed in a professional manner, consistent with industry standards.
2.2 CUSTOMER WARRANTIES
Customer represents and warrants that: (i) Customer has the power and authority to enter into and perform its obligations under this Agreement; (ii) Customer shall use commercially reasonable efforts to prevent unauthorized access to any restricted areas of the Website and any databases or other sensitive material generated from or in connection with the Website; and (iii) Customer Content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other third party right, and that Customer owns the Customer Content or otherwise has the right to place the Customer Content on the Website. Should Customer receive notice of a claim regarding the Website, Customer shall promptly provide LKDR with written notice of such claim.
2.3 DISCLAIMER OF WARRANTY.
Except for the limited warranty set forth in section 2.1, LKDR has not, and does not, make any warranties whether express or implied. This disclaimer includes, but is not limited to, the warranties of non-infringement, fitness for a particular purpose, warranties of merchantability and title. LKDR specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by LKDR.
- Limitation of Liability
LKDR shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall LKDR be liable under contract, negligence, tort, conversion, copyright infringement, trademark infringement, IP rights holder infringement, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not LKDR has been advised of the possibility of such loss or damages. LKDR shall not be liable for the cost of procurement of substitute goods, services or technology. LKDR's entire liability and customer's exclusive remedy with respect to any use of the services is the cancellation of customer's account as set forth herein. In no event shall LKDR's liability to you, the customer, exceed any amounts actually paid in cash by you, the customer, to LKDR for the prior one month period.
- Who We Are
The LK Domain Registry(LKDR)is the national body which registers internet domain names in Sri Lankan country code top level internet domain (ccTLD) ‘.lk’ as well as the relevant Sinhala and Tamil language top-level domains. In addition, it also providesweb-hosting and related products and services to corporate clients, individuals, non-profit organizations, societies etc.
- Information Collected
- Customer Information
The customers are requested to provide certain personal information when they sign up for LKDR services including name, postal address, email address, telephone number etc.). In addition, to register a domain name, customers are required to provide the information of the registrant, administrative contact, technical contact and billing contact of the domain name (collectively, "Domain Name Registration Information"), for submission to the registration database.
- Cookies and Tracking
LKDR keeps different types of cookies (electronic collections of information stored on a local computer to keep track registered users) and other methods of uniquely tracking the registered users for different purposes such as improve our website, customer account management.
- Customer Surveys
LKDR may periodically conduct customer surveys in order to improve our services. The information we gather will remain confidential.
- Log Files
LKDR maintains general log files for each and every customer and the personal information about customers may be included in the log files.
- Customer Information
- Use of Information
- Customer Contact/Account Information
The information collected from customers are used to manage their accounts (such as for billing and account management purposes) and to promote other products or services that LKDR believes may be of interest to its customers.
LKDR uses information gathered from its website analytics (for example, User IP addresses) to help diagnose problems with servers, and to administer and optimize services.
- Responses to Email Inquiries
When customers send email inquiries to LKDR, the return email address (and other personal information provided in the inquiry) is used to answer the email inquiry received.
- Customer Surveys
LKDR may use the contact information provided in customer surveys to follow up on survey answers and may also contact you to highlight the changes LKDR makes in response to your feedback.
- Customer Contact/Account Information
- Sharing of Information
LKDR will not provide or sell to any third party its customers’ personal information and will keep all customer information confidential.
- Online Advertisements
LKDR does not share personally identifiable information about customers with advertisers.
- Data Security
- Revisions to this Policy
The Acceptable Use Policy (AUP) developed by LK Domain Registry (LK Domain) governs the use of the products and services offered by us, and ensure that the customers understand all the policies and procedures we have developed to comply with certain laws and regulations. All customers must comply with this AUP. Your use and/or continuation of the Service constitute your acceptance of this AUP.
LK Domain reserves the right to refuse to provide the Service at our sole discretion. The version of this AUP, available here, is the most recent version. LK DOMAIN may modify this AUP at any time without notice.
- Website/Email Space Use Policy
The customer may use the hosting space provided to host their website (builder)/email. The customer may host files/use emails within acceptable limits as below.
Should not exceed the defined package (with MyMail, EasyHosting, FastWeb) size (for both email/website or any > ex - 10gb for mymail/siteBuilder) – you may need to upgrade if any
- Should not use email for bulk promotions (sending large amount of emails at once), and should not exceed 100 emails per hour in total (from all accounts) and not more than 1000 emails from the domain (from all accounts) per day.
- Should not exceed the email attachment size as defined by the webmail client ( ex – 08Mb)
Should not use the website (builder) for uploading the defined, under 3.Prohibited Content and Activities (d. Unacceptable Material) & under 4. Unacceptable Resource Usage
- Use of the Services
- The services may be used for lawful purposes only
You may NOT use LK Domain Services or facilities, to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation.
Forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
Hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
Soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
Acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
- No High Risk Use
You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services.
You may not re-sell or create a commercial product with the email accounts under your domain name.
It is also necessary for customers to not exceed any limits imposed on accounts by LK Domain.
- The services may be used for lawful purposes only
- Prohibited Content and Activities
You, the customer may not publish, transmit or store on or via the Services any content or links to any content that LK Domain reasonably believes:
Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
Is defamatory or violates a person’s privacy; or
Is otherwise malicious, fraudulent, and morally repugnant.
Child pornography is prohibited. Any content that is potentially harmful to minors, as determined in LKDR’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice
Other Prohibited Content
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Unacceptable material on our servers include without limitation:
- IRC Scripts/Bots
- IRCD (irc servers)
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
- Bitcoin Miners
- PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
- Unacceptable Resource Usage
You may Not:
- Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
- 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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than fifteen (15) minutes.
- Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
- Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including "http://yourdomain.com/include.php"), use "include.php".
- Force html to handle server-side code (like php and shtml) to help reduce usage.
- Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencryptedExcessive Use of Shared System Resources
- Excessive Use of Shared System Resources
you, the customer may not use any shared system provided by LK Domain in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system.
- Infringement of Intellectual Property Rights, Proprietary Rights
- You may not use our Services in a manner that infringes on or misappropriates the rights of another party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software, or any other copyrighted work.
- You may not use the Services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
- You may not use the Services to publish content intended to assist others in defeating technical copyright protections; and
- You may not display another person's trademark without permission.
- You may not use the Services to publish another person's trade secrets, or to publish information in violation of a duty of confidentiality.
- It is LK Domain’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
- Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. We may terminate the account of any User who sends out spam with or without notice.And also you may not:
- Use or contain invalid or forged headers
- Use or contain invalid or non-existent domain names
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
- Use other means of deceptive addressing
- Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
- Contain false or misleading information in the subject line or otherwise contain false or misleading content
- Fail to comply with additional technical standards described below
- Harvesting, mining or collection of e-mail addresses or other information from or through its network
- Otherwise violate AUP and other Terms of Service
- AUP Violations
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from LK Domain within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
No credit will be available under the LK Domain Service Level Agreement for interruptions of service resulting from any AUP violation.
Contact Us If you have any questions, you may contact:
LK Domain Registry
Bernard's Business Park, 106,
Dutugemunu Street, Dehiwala
Tel : (011) 421-6061