Terms
and Conditions
All services provided by Webvision to the Customer are subject
to the following terms and conditions:
1 . Legal Restrictions. Webvision services
may be used for lawful purposes only. Submission, transmission,
or maintenance of any information or materials in violation
of the laws of Sri Lanka and overseas is prohibited. This
includes, but is not limited to, material legally judged to
be threatening or obscene. Webvision will not
accept websites containing abuse, jokes, political, religious,
online dating, online gaming, online gambling and pyramid
scheme websites. Webvision will also not host audio and video
files unless related to educational or products and services.
Webvision reserves the right to refuse service to the Customer
without providing reason or cause.
2. Spam. Customers are strictly prohibited
to commit any act of spam on the Webvision network. Violations
will result in immediate account termination. No refunds will
be given for spam policy violations. A spam policy protects
the integrity of our network and insures a quality hosting
experience for all Customers. Customers who are unsure of
whether their activities are considered spam should contact
Webvision for approval.
3. Copyrighted Material. Customers are prohibited
from distributing or storing illegal software, games, music,
movies, or applications or information that facilitate piracy.
Customers are also prohibited from selling copyrighted software
without written permission for the copyright owner. Violations
will result in immediate account deactivation. No refunds
will be given for copyright policy violations.
4. Malicious Material. Customers are prohibited
from distributing or storing malicious material including
viruses. Violations will result in immediate account deactivation.
No refunds will be given for malicious material policy violations.
5. Hacking Sites/Tools. Customers are prohibited
from distributing or storing hacking tools of any kind. Sites
that promote hacking or provide hacking assistance are not
permitted on the Webvision network. Violations will result
in immediate account deactivation. No refunds will be given
for hacking policy violations.
6. Pornography. Customers are prohibited
from displaying, storing, making available or linking to any
form of pornography. Violations will result in immediate account
deactivation.
7. Web Design Review. Webvision will provide
the Customer with an opportunity to review the appearance
and content of website materials once they are completed.
Such materials will be deemed to be accepted and approved
unless the Customer notifies Webvision otherwise within ten
(10) days of the date the materials are made available to
the Customer.
8. Web Design Turnaround Time. Webvision
will install and publicly post the Customer's website by the
date specified after consultation with the Customer.
9. Payment. 50% payment is due to Webvision
on completion of web design sample. Invoices will be provided
by Webvision upon completion of the work for website design
services, and any maintenance services. The Customer may elect
to receive either e-mail or hard copy invoices. Invoices are
due upon receipt.
10. Default. Accounts unpaid seven (7) days
after the date of invoice will be considered in default. If
the Customer in default maintains any information or files
on Webvision’s Web space, Webvision will, at its discretion,
remove all such material from its Web space. Removal of such
material does not relieve the Customer of the obligation to
pay any outstanding charges assessed to the Customer's account.
11. Termination. Termination of services
by the Customer must be requested in a written notice and
will be effective on receipt of such notice. E-mail or telephone
requests for termination of services will not be honoured
until and unless confirmed in writing. Transfer of the Customer’s
website can be processed by Webvision at no extra cost.
12. Copyright. Customer retains the copyright
to data, files and graphic logos provided by the Customer,
and grants Webvision the rights to publish and use such material.
Custom artwork and graphic logos designed by Webvision for
use in the Customer's Web presentation will remain the property
of Webvision; at its discretion, Webvision will grant the
Customer rights to use such material in formats other than
Web presentations.
13. Standard Media Delivery. All text should
be provided by the Customer in printed form and/or electronic
format (ASCII text files delivered on CD or via e-mail or
FTP) and all photographs and other graphics should be provided
physically or through CD in high quality print suitable for
scanning or electronically in .gif, .jpeg or .tiff format.
Although every reasonable attempt shall be made by Webvision
to return to the Customer any printed material provided for
use in creation of the Customer's website, such return cannot
be guaranteed.
14. Design Credit. A link to Webvision will
appear in the bottom of the home page of the Customer's website.
15. Post-Placement Alterations. Webvision
cannot accept responsibility for any alterations caused by
a third party occurring to the Customer's pages once installed.
Such alterations include, but are not limited to additions,
modifications, or deletions.
16. Domain Renewal Notice. The Customer
agrees to keep good record of the expiration dates of all
registered domain names. It is the Customers sole responsibility
to ensure that all of the Customers registered domain names
are renewed prior to their expiration dates.
16a. Webvision cannot accept responsibility to submit domain
renewal notices to the Customer prior to the expiry of the
Customer's domain. The Customer would be responsible to pay
Webvision for the domain and request Webvision for renewal
of the domain fourteen (14) days prior to the expiry date
of the domain.
16b. The Customer agrees that Webvision is not liable for
any claims of damage or loss arising from any failure to renew
a domain name.
16c. The Customer understands and acknowledges that the renewal
of a domain name is subject to payment of applicable fees
prior to the domain’s expiration date and that it is the Customers
responsibility to ensure that these fees are paid.
16d. Webvision will not be responsible for domain names that
are in the Redemption Grace Period (Pending Delete Restorable
Status). Restoration pricing would be equal to the amount
specified by the domain registrar.
17. Mailing Limits. Web hosting Customers
may not send more than 200 emails per hour per domain.
18. Resource Usage. Web hosting Customers
agree to not use excessive amounts of resources. Any violations
may result in Webvision taking corrective action in order
maintain server stability by killing any processes, disabling
and/or suspending your account. Customers may not use more
than 1% CPU daily, 3% memory daily, run more than 5 simultaneous
processes, allow any process to run for longer than 15 seconds
CPU time, run any process that consumes more than 10% of available
CPU at any time, or run any process that consumes more than
16 MB of memory. Databases are limited to 8 max user connections
with a max query time of 5 seconds. Cron jobs must not execute
more than once every hour and will be niced to 15 or greater.
19. Limitation of Liability. You agree that
Webvision shall, under no circumstances, be liable for any
damages resulting from loss of profits, arising out of or
in connection with this Agreement. In particular Webvision
will not be liable for the following: (a) suspension or loss
of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed
by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or
modification of data;
(f) events beyond the reasonable control of Webvision;
(g) processing of an application for domain name registration;
Webvision shall not, under any circumstances, be liable or
responsible for any errors, omissions or other actions by
the registry administrator arising out of or related to your
application, receipt of, or failure to receive a domain name
registration.
Webvision maximum aggregate liability shall not exceed the
greater of the total amount paid by you for registration of
the domain name.
20. Server and Network Security. Customers
are prohibited from attempting to breach any security measures
of the Webvision network or servers and using Webvision servers
or network resources to compromise the security of any systems
or services.
21. Disclaimer. Webvision makes no warranties
of any kind, whether express or implied, for the services
it provides. Webvision also disclaims any warranty of merchantability
or fitness for a particular purpose. Webvision will not be
responsible for any direct, indirect or consequential damages
which may result from the use of its services including loss
of data resulting from delays, non-delivery or interruption
in service. The Customer acknowledges and agrees that Webvision
cannot guarantee the absence of service interruptions caused
by Acts of God or other circumstances beyond its control.
22. Modifications of Terms and Conditions.
Webvision reserves the right to modify this agreement at any
time without prior notification.
Disclaimer
and Privacy Statement |
