The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our acceptable use policy ("AUP") is actively and strictly enforced. Offending content or users are removed from our WHS network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses:
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts are not allowed on our WHS network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden.
If you are unsure about content you intend to place on our WHS network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
Where the context admits: "We" & "Us" includes WHS Networks Limited (trading as WebHostingSrilanka) of: 57 Marietta St, Suite 1720, Atlanta, GA 30303 USA or any party acting on WebHostingSrilanka's implicit instructions.
"You" includes the person purchasing the Services or any party acting on the customer's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" the relevant domain names Registry. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.
1.1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant Registry; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.2.1. By registering a .uk domain name, you enter into a contract of registration with Nominet UK under the terms and conditions published at http://www.nominet.org.uk/nominet-terms.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6. Domain Name transfer fee $175 per Domain. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7. Domain Expiration after 5 days Domain Reactivation charge is $50 onetime.
2.1. Each domain name token may be exchanged for one year registration or renewal of a domain name of the specified type. Domain name tokens cannot be exchanged for any other product or service.
2.2. Amounts paid for domain name tokens are non-refundable, you cannot exchange a domain name token for the amount originally paid for it.
2.3. A domain name token has no expiry date or time limit within which it must be exchanged.
2.4. We may cancel a domain name token at any time and without notice, in which case we will refund the amount originally paid for the token.
2.5. Any transaction using domain name tokens must take place in its entirety using the online control panel system. Any transaction which requires human processing, including but not limited to domain name orders placed by telephone or email and UK domain names being re-tagged to WebHostingSrilanka by Nominet may not be paid for using domain name tokens.
3.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
3.2. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes and to promptly inform us if this clause or any subclause of this clause has been breached or you become aware that they may have been breached. In particular, you represent, warrant and undertake to us.
3.2.1. you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
3.2.2. you will not upload, post, link to or transmit:
3.2.3.You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
3.2.4. you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.2.5. any file you store on the Server will be reachable via a hyperlink from a page on your site.
3.3. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice to you.
3.4. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including but not limited to loss, theft or unauthorised disclosure of your password or other security information.
3.5. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
3.6. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
3.7. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
3.8. Any access to other networks connected to WebHostingSrilanka must comply with the rules appropriate for those other networks.
3.9. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
3.10. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time.
4.1. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
4.2. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
4.3. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
4.4. We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
4.5. A maximum of one reseller account may be held by any single customer at any single time.
4.6. WebHostingSrilanka do not impose quotas for data transfer on WebHostingSrilanka reseller accounts. However if a customer is using an excessively high volume of bandwidth for data transfer on any single site contained within a reseller account WebHostingSrilanka reserve the right to impose a charge for high usage or ask the customer to transfer their Client's site to an alternative account which makes allowance for the high usage level. We ask customers who intend to use high volumes of bandwidth for data transfer on a single site to first discuss their requirement with WebHostingSrilanka.
6.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted and shall be due and payable in advance of provision of the Services.
6.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
6.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given in accordance with 7.4. If you choose to pay by credit or debit card you authorise WebHostingSrilanka to debit your account renewal fees from your card.
6.4. All payments must be in UK Pounds Sterling.
6.5. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of Â£25.
6.6. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled but not obliged forthwith to suspend the provision of Services to you.
7.2. No refunds will be made under any circumstances for Services suspended in accordance with 7.1.
7.3. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled to a pro rata refund based upon the remaining period of prepayment.
7.4. You may cancel the Services at any time. To do so you must request cancellation of the Services in writing including your account username and password. We will cancel the Services within 2 working days of receipt of your request.
7.5. During the first 7 days of Services, You are entitled to a refund of the basic hosting plan rental fee should You decide to cancel the Services. No full refunds or pro rata refunds will be made after the first 7 days of service should You decide to cancel the Services.
7.5.1. Domain name registration fees, charges for additional data transfer and charges for optional extras added to your account are not refundable under any circumstances.
7.5.2. You will not be entitled to a refund on this basis if you have previously held an account with WebHostingSrilanka.
7.6. Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
7.7. On termination of this Agreement or suspension of the Services we shall be entitled immediately to stop access to your Web Site and to remove all data located on the Server.
9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to o the extent applicable under UK law, subject always to sub clause 9.2.
9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
9.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
9.4. In any event no claim shall be brought unless you have notified us of the claim within one month of it arising.
9.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
14.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
4.1 Providing and Improving the WHS Networks Service
WHS Networks will pass personal data within its internal departments in order to fulfil sales and support obligations as well as to finance departments to enable invoicing.
As a general rule, WHS Networks does not disclose personal data to unaffiliated third parties except where customer consent has been obtained, where WHS Networks is under an obligation by law to disclose personal data or where WHS Networks has contracted with third parties to assist in providing services to WHS Networks customers such as for delivery, installation and systems support services.