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TERMS OF USE (TERMS OF SERVICE)
COMMERCIAL SERVICES AGREEMENT
Veholdings.Com (SINHALAYA Web Services) - Acceptable Use Policy and Terms
of Web-Services
# SINHALAYA WORLDWIDE means the web portral of Sinhalaya.Com.
Portal Domains: SINHALAYA.COM VEHOLDINGS.COM
LANKAMATHA.COM SINHALAYA.NET
# COMMERCIAL SERVICES means all kind of commercial services which
maintaining by SINHALAYA WORLDWIDE or Veholdings.Com such as,
- Web Hosting
- Web Advertising
- Offline Advertising
- Astrological Services
- Other Online Services
Agreeing to Veholdings.Com (SINHALAYA Web Services) Acceptable Use Policy
and Terms of Service is mandatory for signing up and using our Hosting
services. Please make sure you read and adhere to the following:
[A] Acceptable Use Policy
Agreeing to Veholdings.Com (SINHALAYA Web Services) Acceptable use Policy
and Terms of Conditions is mandatory for Hosting signing up or using our
services. Please make sure you read everything. If you have any questions
Contact Us. Veholdings.Com (SINHALAYA Web Services) reserves the right to
change this policy any time. Veholdings.Com (SINHALAYA Web Services)
provides hosting to many clients. In order to meet our responsibility to
protect each client and to provide the best services possible, the
following guidelines have been established.
[B] PAYMENT POLICIES, FEES, REFUNDS AND ACCOUNT CANCELLATION:
Veholdings.Com (SINHALAYA Web Services) accepts payments via bank deposits,
western union, wire payments & 2checkout.com ( Moneybookers & E-gold -
selected clients only )
B1
Advertising Policy :
All/every advertisement(s) should be avoid following violations.
B2
Violations (a)
- Pornography, Adult Ads
- Ads which insulting other 3rd party
- Directly or indirectly conflicted or crashed with Sinhalaya.Com or it's
other owned web sites and it's contents, themes, slogans, trade marks,
programs, scripts, news items, promotions or any kind of competitive basis
advertisements.
B3
Payments (b)
- Payments will be made at the startup of the advertisement.
- Payment Terms will be monthly, quarterly, semi-annually or annually.
B4
Termination (c)
If any advertisement has done above violations (a) - (one or more), THE
ADVERTISEMENT WILL BE IMMEDIATELY REMOVED FROM OUR SERVERS WITHOUT ANY
PRIOR NOTICE AND The Funds will not be refunded.
B5
Money-back Guarantee (Web Hosting)
Most services offered by Veholdings.Com (SINHALAYA Web Services) carry a
30 Day Money Back policy. If you are not completely satisfied with our
services, you will receive a full refund for the web hosting fees during the
first 30 days after the service was added.
(You need to present all the
reasonable proofs in this situation)
Accounts with violations of our policies will not receive a refund under
any circumstance.
B6
Price Change :
The amount you pay for hosting will never increase from the
date of purchase. We reserve the right to change prices listed on Veholdings.Com (SINHALAYA Web Services), and the right to increase the
amount of resources given to plans at any time. Basically, initial unit
cost will not be increased.
B7
Discount(s) or Privilege(s) :
Veholdings.Com ( SINHALAYA
WORLDWIDE ) has the fully authority or right to decrease or increase the
Discount(s) or Privilege(s) values any time.
B8
Account Setup :
We will setup your account after we have received payment
and If your payment with 2checkout.com have screened the orders incase of
fraud. It is your responsibility to provide us with information to verify.
in this such case account creation will be delay.
B9
Late / Non-Payment :
* If an account is suspended/ disconnected or cancelled and then re-enabled, we reserve the right to
charge an administration fee of $50 which will be charged to your account.
* Accounts overdue 1 day(s) - all technical support revoked
* Accounts overdue 2 day(s) - sites and services will be suspended
* Accounts overdue 7 day(s) - sites and data deleted from all systems
* During these periods we endeavor to contact you by all means possible.
It is the duty, and interests of the customer to maintain accurate and
update address, contact and billing information
* Should a credit card "chargeback" be performed on your credit card
transaction reversed all your websites, data and email will be immediately
deleted from our systems.
B10
Out Date Records :
Periodically it may become necessary for Veholdings.Com
(SINHALAYA Web Services) to contact the customer. If the information
provided to us is not current, it may lead to the customer failing to
receive notices. The customer is solely responsible for keeping all
personal and billing information current at all times. Veholdings.Com (
SINHALAYA WORLDWIDE ) is not responsible for actions that are taken as a
result of a customer's failure to respond to Veholdings.Com ( SINHALAYA
WORLDWIDE )'s notices.
B11
Uptime Guarantee :
All packages Include 99% uptime guarantee. But
guarantee credit does not cover scheduled downtime.
To get guarantee credit please E-mail infodesk [@] veholdings.com with
your account details with in 7 days.
[C] DOMAIN POLICY
C1 An VEH Account = DOMAIN + WEBHOSTING ACCOUNT basis and
those will be concerned as one fact for us.
C2 Also those two facts (DOMAIN + WEBHOSTING ACCOUNT) will be
always registered, renewed or cancelled together always..)
C3 Any existing and expiring domain will
be renewed after the payment settlement by the VEH client or account
owner and
we may renew the expiring domains (on behalf of the account owner even
we had not the renewal payment) of priority clients who more than 2
years with VEH Web Services.
C3.1 If any client
had not renewed their account (auto renewed by VEH Web
Services as it's priority client) the actions of VEH Web
Services as follows.
After 14 days from the expiration of the account:
- Will inform the client for last time by a written
statement to the account owner's email address in our customer database
and let account owner to give the very final chance to renew the expired
VEH Account.
After 21 days from the expiration of
the account:
- The related domain will be sell on a public domain
auction and expired VEH account owner will be no longer the account
owner anymore after this point.
C4 VEH or Sinhalaya.Com will not be
responsible for if any domain expiration due to the ignorance of
our expire notifications (by email, by phone)
C5 Domain registering, renewing,
transferring or account changing and canceling will be done by us on the
written request (official email message) from the client. The
email address of requesting email will be compulsory to compare with the
account owner's email address which is in our Client Data Base. All
emails from any other 3rd party email addresses may ignored.
C6 Web host account registering,
renewing, transferring or changing and canceling will be done by us on
the written request (official email message) from the client. The
email address of requesting email will be compulsory to compare with the
account owner's email address which is in our Client Data Base. All
emails from any other 3rd party email addresses may ignored.
C7 If required to transfer some domain(s)
to an owner's domain account (with an accepted domain registrar), the
account owner to be required to inform us by email in writing before 30
days to the expiration date of the domain(s).
The requests need to be sent to,
Webmaster[@]Sinhalaya.Net or
Webhosting[@]Sinhalaya.Net
[D] SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE) Policy:
The Company takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over its network. Very simply this means
that Customer may not use or permit others to use our the company's
network to transact in UCE. Reseller of the Company 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 this SPAM policy will result in severe penalties. Upon
notification of an alleged violation of its SPAM policy, the Company will
initiate an immediate investigation (within 48 hours of notification).
During the investigation, the Company may restrict customer access to the
network to prevent further violations. If Customer is found to be in
violation of our SPAM policy, the Company may, at its sole discretion,
restrict, suspend or terminate Customer's account. Further, the Company
reserves the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. the Company will
notify law enforcement officials if the violation is believed to be a
criminal offense.
First violations of this policy will result in an "Administrative Fee" of
$70 and Customer's account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative Fee" of
$150 and immediate termination of Customer's account.
PLEASE, DO NOT SPAM
from your account.
As our Reseller Customers are ultimately responsible for the actions of
their clients over the Veholdings.Com (SINHALAYA Web Services) , it is
advisable that Customers develop a similar, or stricter, policy for their
clients.
D1
E-mail - Mailing Lists - Limits of usage:
* Mass mailing is not for shared servers and Veholdings.Com ( SINHALAYA
WORLDWIDE ) do not host sites that deal with mass email type services. If
you need to send a "high-volume" of emails to customers please do not use
your accounts SMTP server for this. You could instead outsource the list
to a 3rd party provider (List server) who specializes in, and supports,
mass mailings, or depending on your needs you might consider getting your
own dedicated server.
D2 There is a 100 hourly email limit per domain this limit is also applied
towards mailman. If you send over this amount in any hour most of the
e-mails will bounce back with a undeliverable error.
D3 Many of our servers have a 60 pop checks per hour limit per domain. If
you go over this you're likely to get a wrong password error message
saying login incorrect. Just wait an hour and it will automatically unlock
you. to prevent this from happening again make sure to disable auto
checking or at least set it to something higher such as 10 minutes.
D4 Mailing List Hosting :
Please note that we do not offer hosting for
running milling lists. If we found milling lists in our servers, will be
shutdown without prior notice.
[E] PROHIBITED USES OF SERVICES AND PRODUCTS
Customer may only use Services and Products in a manner that, in the
Company's sole judgment, is consistent with the purposes of such Services
and Products. If Customer is unsure of whether any contemplated use or
action is permitted, please contact the Company as provided above. By way
of example, and not limitation, uses described below of the Services and
Products are expressly prohibited.
Result if violated A1 - A2:
If any incident or attempting to the related of section [E] above, The
account will be immediately suspended/ terminated with or without prior
notice till a valid declaration from end client.
A.1 General
1.1.1. Illegal Activities: Transmission, storage, or distribution of any
information, data, or material in violation of any applicable law or
regulation, or that may directly facilitate the violation of any
particular law or regulation is prohibited. The Company reserves the right
to cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
1.1.2. Harm or Endangerment to other people: Customer shall not use
Services or Products to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography, or transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
1.1.3. Copyright or trademark infringement: Customer shall not use
Services or Products to transmit any material (by e-mail, uploading,
posting or otherwise) that infringes any copyright, trademark, patent,
trade secret or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of copyrighted
software. Customer shall not use Services or Products to collect, or
attempt to collect, personal information about third parties without their
knowledge or consent. Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
A2. System and Network Abuse
Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples of system or network security
violations include, without limitation the following:
1.2.1. Introduction of malicious programs into the Company's network or
server
(e.g., viruses and worms).
1.2.2. Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not limited to,
accessing data of which Customer is not an intended recipient or logging
into a server or account that Customer is not expressly authorized to
access. For purposes of this Section 3.2.2., "disruption" includes, but is
not limited to, port scans, flood pings, packet spoofing and forged
routing information.
1.2.3. Executing any form of network monitoring which will intercept data
not intended for the Customer's server.
1.2.4. Circumventing user authentication or security of any host, network
or account.
1.2.5. Interfering with or denying service to any user other than
Customer's host (for example, denial of service attack).
1.2.6. Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable, a user's terminal session, via
any means, locally or via the Internet.
1.2.7. Creating an "active" full time connection on a Company-provided
account by using artificial means involving software, programming or any
other method.
1.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking
or utilization reporting, or other actions which have the effect of
complicating the normal operational procedures of the Company, including
but not limited to altering, removing or in any way modifying or tampering
with Company created log files.
1.2.9. Any action which the Company determines, in its own judgment, will
reflect poorly on the Company or negatively impact its operations.
1.2.10. Any action which the Company deems to be an unacceptable use of
resources, business practice or otherwise unacceptable to the Company.
PROHIBITED SCRIPTS AND PROGRAMS
The following rules apply to the use of all scripts:
* Any script must not use the processor for more than a few seconds, or it
is subject to removal.
* Scripts must not use a large amount of system resources (RAM or
processor). If a script consumes a large amount of these resources the
account will be subject to immediate suspension until an alternative
solution can be reached.
* A script must not be used or referenced from external web sites.
* Scripts which interacts with the hardware, or the servers configuration
files, are prohibited on Veholdings.Com (SINHALAYA Web Services) 's
servers. Accounts in violation of this policy will be suspended without
prior notice.
* Resource incentive scripts (chat room scripts) are not allowed on
Veholdings.Com (SINHALAYA Web Services) 's servers.
The following scripts are banned because they are either resource hogs or
harmful:
* UltimateBBS
* Ikonboard
* FormMail
* CgiEmail
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Exploits
* Daemon Processes
* Game Servers
* Proxy Servers
* nph-proxy
* Web/CGI based telnet servers
* The Anonymizer
* Any Soap Mailers
* Transmission of Unsolicited Email or SPAM
* Portscanning CGIs
* Security Auditing CGIs
* false identity & pyramid/ponzi scheme Scripts
* Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives.
* Any script that uses & processes a massive number of flatfiles or large
flatfile databases
Resource Usage :
You agree to not use excessive amounts of resources. Any violations may
result in us taking corrective action in order maintain server stability
by killing any processes, disabling and/or suspending your account.
PLAN -A resellers may not use more than 1% CPU daily, 3% memory daily.
PLAN -B resellers may not use more than 2% CPU daily, 3% memory daily.
PLAN -C resellers may not use more than 5% CPU daily,5% memory daily.
( plan A - $1~21 , plan B - $22~51 , plan C - $52 or higher)
BACKUP AND DATA LOSS
Your use of the service is at your sole risk. Veholdings.Com ( SINHALAYA
WORLDWIDE ) 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 VEH servers. We take weekly - Backups of new/changed data These
backups are made for server restoration purposes only. It is the clients'
responsibility to take backup of their own files. This can be done with
the "Backup Manager", which is included with each cpanel.
Backup Restoration :
All backups (files or data bases) will be restored from our backup
servers on the request of client or account owner. The backup fee will
be $50 per account.
Restoration Possibilities :
- Terminated accounts (by us due to any reason) which not older than 3
months from the termination date.
- Accidentally terminated accounts which not older than 3 months from
the termination date.
CGI Scripts :
script sharing with domains not hosted by Veholdings.Com (
SINHALAYA WORLDWIDE ) is not permitted. Any CGI-scripts deemed to be
adversely affecting server performance or network integrity will be shut
down without prior notice. If you Going To use CGI Please contact us
before use it.
Porn & Sex :
Pornography and sex-related merchandising are prohibited on any
Veholdings.Com (SINHALAYA Web Services) servers .This includes sites that
may infur sexual content, or links to adult content elsewhere. This is
also true for sites that promote any illegal activity or content that may
be damaging to Veholdings.Com (SINHALAYA Web Services) servers or any other
server on the internet. Links to such materials are also prohibited.
Installation/ Maintaining any 3rd party software :
User Full Responsibility to Keep 3rd party
software Install in web space. If we found hacking or unusual activates
because of less security in software result will be suspend account
without prior notice.
No Free Services to Be Offered.
Your may not use your account to offer any of the following kinds of free
services
Free Web hosting services;
Free e-mail services;
Free blogging services;
Free home pages;
Free image hosting;
Free trial accounts.
Free forum hosting
Free FTP accounts
ACCOUNT SUPPORT
At this time we only support via E-mail. We will offer 24/7/365 support by
e-mail (All support mails will be going to our helpdesk system) . If Only
emergency case can be able to use our general Phone +94-777-711181
EMAIL SUPPORT
For Sales/ Billing/ Support:
Infodesk[@]Veholdings.Com
Abuse Inquiries:
Webmaster[@]Sinhalaya.Net
Veholdings.Com (SINHALAYA Web Services) will support, to the best of it's
ability, control panel related problems and issues. This includes, but is
not limited to, support of basic control panel functions (ie:
adding/removing accounts, dns functions, password changes, etc�) and
limited support of control panel installed 3rd party software (ie: PHP-Nuke,
phpBB, AdvancedGuestBook, osCommerce ). Veholdings.Com ( SINHALAYA
WORLDWIDE ) will not provide support any 3rd party Free Addon Scripts on
cpanel, inclusions, regarding issues of software bugs or errors, and such
issues should be brought to the attention of the software vendors directly
for support. Veholdings.Com (SINHALAYA Web Services) is not responsible for
web development, non-supported 3rd party software and/or scripts (ie:
compatibility, installation, maintenance), and/or ongoing daily
administration tasks (ie: setting up new users, email accounts, &
domains). Veholdings.Com (SINHALAYA Web Services) , at it's discretion, may
assist with initial custom setup/configuration of the server (ie: setting
up new users, email accounts, & domains, and/or software modifications).
Veholdings.Com (SINHALAYA Web Services) will install & supported software
purchased through Veholdings.Com (SINHALAYA Web Services)
(ie: clientexec ,SSL
Cert ) at no additional charge,
LIMITAION OF LIABILITY - Veholdings.Com (SINHALAYA Web Services)
shall not be responsible for any claimed damages, including incidental and
consequential damages, which may arise from our servers going off-line or
being unavailable for any reason whatsoever. Veholdings.Com ( SINHALAYA
WORLDWIDE ) shall neither be responsible for any claimed damages,
including incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of our servers. All
damages shall be limited to the immediate termination of service.
DISCLAIMER - Veholdings.Com (SINHALAYA Web Services) cannot be held
liable for system downtime, crashes, or data loss. We cannot be held
liable for any predicted estimate of profits in which a client would have
gained if their site was functioning. Certain services provided by
Veholdings.Com (SINHALAYA Web Services) are resold. Thus, certain
equipment, routing, software, and programming used by Veholdings.Com (
SINHALAYA WORLDWIDE ) are not directly owned or written by Veholdings.Com
(SINHALAYA Web Services). Moreover, Veholdings.Com (SINHALAYA Web Services)
holds no responsibility for the use of our clients accounts. If any terms
or conditions are failed to be followed, the account in question will be
automatically deactivated. We reserve the right to remove any account
without advanced notice for any reason without restitution as
Veholdings.Com (SINHALAYA Web Services) sees fit. FURTHERMORE,
Veholdings.Com (SINHALAYA Web Services) retains the right to change any or
all of the above Policies, Guidelines, and Disclaimer without
notification.
CHANGES TO THE TOS - Veholdings.Com (SINHALAYA Web Services) reserves the
right to revise its policies at any time without notice.
Last Updated: 04th June 2009 |