Terms of Service
XYZ.com.lk provides products and services to clients all around the world. XYZ.com.lk has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at XYZ.com.lk, you accept these conditions.
Please read them carefully. In addition, when you use any current or future XYZ.com.lk products and services or visit or purchase from any business affiliated with XYZ.com.lk, whether or not included in the XYZ.com.lk Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
DEFINITIONS USED IN THIS DOCUMENT
"XYZ.com.lk" and "We" are defined as the service provider XYZ.com.lk Web Services (A subsidery of WEBBYCITY PVT LTD). "The customer", "XYZ.com.lk's customers," and "You" are defined as patrons of XYZ.com.lk. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by XYZ.com.lk. "Service" and "Product" are interchangeable, and defined as any merchandise or commercial offering of XYZ.com.lk. The term "spam" is used as it is currently defined by the Federal Trade Commission of USA.
When you visit XYZ.com.lk or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by XYZ.com.lk may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Sri Lanka law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless XYZ.com.lk from any claims resulting from the use of the service which directly or indirectly damages any other party.
COMMERCIAL ADVERTISING AND BULK EMAIL
XYZ.com.lk takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of XYZ.com.lk may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of XYZ.com.lk may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. XYZ.com.lk will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.
- Maintain email lists
- Send emails to more than 10 recipients at a time
- Send more than 1,000 emails in a 30-day period
...must maintain complete and accurate records of all consents and opt-ins and provide such records to XYZ.com.lk upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, XYZ.com.lk will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following:
- Use of XYZ.com.lk Network for the receipt of replies to unsolicited mass e-mail
- Forgery of e-mail headers ("spoofing")
- Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software
- Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers)
- Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
- Hosting web pages or providing services that support bulk emailers or SPAM
- Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages
- Configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails
- Use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails
SPAM COMPLAINT FEES
A service fee of Rs.1,000/complaint will be applied to any customer with more than 2 (two) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer's, web hosted content or information.
IP BLACKLIST FEES
If, as a result of a Customer's actions, XYZ.com.lk's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, XYZ.com.lk shall charge the Customer Rs.400 upfront and Rs.100/hour thereafter for any necessary investigation and corrective work.
ACCEPTABLE USE POLICY
General Statement: XYZ.com.lk's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what XYZ.com.lk expects of them while using a product or service. All users of XYZ.com.lk's products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on XYZ.com.lk's products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in:
- Copyright Infringement including no hosting of warez trackers, torrent sites, or link sites to copyright or protected content: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code
- Unsolicited Email 'SPAM' to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted
- Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties
- UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the XYZ.com.lk network or unrelated third party networks
- Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services
- Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities
- Child Pornography
- Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses
- Fraudulent activities
- Denial of Service (DOS and DDOS)
- Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind
- Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities
- Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense
- Automated Bots for the purposes of posting/automating content/interactions/scraping/harvesting on any websites, blogs, forums, or other similar services including social media sites
- Adult Content on any web hosting type service is prohibited
- Online gaming that is part of denial of service attacks such as 'Runescape', 'Habbo Hotel', etc
- Ping bots, network scanning programs, automated network intrusion programs
- IRC 'Internet Relay Chat' related applications
- Hosting any form of proxy software, or anonymous proxy services
- Any form of pharmacy/drug/medicine related websites on any shared hosting service
- The offering, or reselling to another party who offers, any sort of "free host" or "free hosting" services
Customers removed from our network as a result of any policy violation may not return for new services under any new or existing account unless explicit permission has been given in writing prior to activation of any new account or services. Customers found to be in violation of this guideline are subject to immediate suspension and/or termination without notice. Refunds for violating this guideline are at the sole discretion of management.
INTERACTION WITH CUSTOMER SERVICE
The XYZ.com.lk customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety, wellbeing, and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, bully, intimidate, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. It is not ok to treat another human being abusively, nor is it ok to threaten their livelihood or wellbeing in order to gain a discount, or have someone rush your support request - we have a zero tolerance policy with people who abuse our staff. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.
PROMOTIONS AND DISCOUNT COUPONS
Coupons are limited to 1 per customer, new orders only and may not be combined with other coupons or special offers. XYZ.com.lk active customers that present coupons for a similar service to what they currently subscribe to, and cancel their current service will not be eligible to have such a discount as offered with said coupon.
Promotional coupons may only be used once by any customer. Creation of different/multiple accounts in order to utilize more than one coupon, or to utilize the 30 day money back guarantee more than once, may subject your account to suspension and/or cancellation or, it may cause your services to lose the discount provided by the coupon and revert to standard retail pricing retroactively to the date of the initial subscription.
PAYMENT AND BILLING
You agree to pay XYZ.com.lk for Products and Services without deduction, or delay for any reason. At any time, XYZ.com.lk may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize XYZ.com.lk to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing XYZ.com.lk for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of TWO HUNDRED RUPEES (Rs.200) may be applied for each service in the overdue invoice. Accounts not paid in full within seven (7) days of the invoice due date may be terminated and any past due invoices will include an additional reactivation fee of ONE THOUSAND RUPEES (Rs.1,000) in addition to any past due balance and/or late fees.
If you dispute charges on your bill, you must notify XYZ.com.lk in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until canceled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly, quarterly, biannually, annually, biennially, or triennially basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full billing period and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. In cases where XYZ.com.lk provides or offers a refund or service credit due to termination of your services prior to the end of a QUARTERLY, SEMI-ANNUAL, ANNUAL, BIENNIAL, AND TRIENNIAL BILLING PERIOD, such refund or service credit shall be calculated based upon converting the service back to the list price (non-discounted) normal monthly rate.
FAIR USAGE AND EXCESSIVE RESOURCE USAGE POLICY
XYZ.com.lk provides this section to detail additional policies regarding 'FAIR USE' on our network and services to ensure that no single client can consistently consumed all the available resources on a given system, network or server - thereby avoiding any possible degrading of service for other clients who may be sharing the same system(s). No account, server, or service may consistently consume more than 10 % of the resources in total available such as CPU utilization, Disk space, Disk I/O, Memory, web port connections, network bandwidth or network packets per second over a sustained period.
In additional to the above, accounts on any web hosting plan may not run daemons or back ground tasks. Web hosting Accounts may store at most 1 (one) backup of their account in the server's disk space. Web hosting Accounts may not use the server disk space for storage of backups, file sharing, file storage, and/or any type of content that is not accessible on the web site you are hosting. Users found to be utilizing their web hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. XYZ.com.lk will make reasonable efforts where possible to contact the web hosting account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits.
If the resource usage limits are exceeded XYZ.com.lk may, without prior notice or warning, limit access, suspend or terminate the service or account at XYZ.com.lk's sole discretion. Suspended accounts are subject to termination at XYZ.com.lk's discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to XYZ.com.lk's network are subject to termination at XYZ.com.lk's discretion.
All content included on XYZ.com.lk's websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XYZ.com.lk or its content suppliers and protected by Sri Lanka and international copyright laws. The compilation of all content on XYZ.com.lk's websites is the exclusive property of XYZ.com.lk and protected by Sri Lanka and international copyright laws. All software used on XYZ.com.lk's websites is the property of XYZ.com.lk or its software suppliers and protected by Sri Lanka and international copyright laws.
If you use XYZ.com.lk products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use XYZ.com.lk only with involvement of a parent or guardian. XYZ.com.lk and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
As a courtesy to all clients who utilize, and pay for, data storage or backup services from XYZ.com.lk, if you exceed the space you have available for data storage or backup services, we will notify you via email of having exceeded your quota. Unless instructed otherwise, by the client, in a timely fashion, XYZ.com.lk, at its sole discretion, although under no requirement, obligation or liability, may increase your data storage or backup storage quota and charge the prevailing rate for such increase in storage space. XYZ.com.lk, its affiliates, assigns, or employees, does not accept any liability for incomplete data recovery under this provision. You are solely responsible for verifying the completeness and accuracy of your backups.
CANCELLATION or NON-RENEWAL
To cancel or elect not to renew any product or service, the customer must submit a cancellation request via the XYZ.com.lk Client Area. Cancellation requests must be submitted prior to expiration of the current renewal term. To insure the privacy and security of both the customer and XYZ.com.lk, cancellation must be completed via the XYZ.com.lk Client Area only. No refunds, partial or otherwise, will be issued (excluding our 30 day money back guarantee, if applicable) for any unused portion of any billing cycle or late cancellations. For special promotions, a 50% off promotion, for example, XYZ.com.lk applies those funds at the full value rate to whichever period the funds are covering at the service's normal rate, and the remaining time is provided at no charge. More specifically - if you purchase a service with a semi-annual billing period at 50% off, XYZ.com.lk applies the full rate to the first three months of service, and the ensuing 3 months of the 6 month term are provided at no charge. As such, any cancellations placed during the time frame in which service is being provided at no charge shall be ineligible for a refund. Furthermore, requests for refunds will only be considered if the cancellation request is for an immediate cancellation. Also, understand that you must have all your data backed-up and off the XYZ.com.lk Network, because immediate cancellations may lead to the immediate and irrecoverable loss of any and all data associated with your service. The 30-day money-back guarantee may only be taken advantage of once by any one customer. Additionally, if you order 3 non-identical services on the same day and cancel all 3 within the 30-day money-back guarantee period, only one of the services will be refunded. Cancellations requests MUST be made seven (7) or more days prior to expiration of the current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked "Cancel at end of billing period" will not be terminated until the end of following billing cycle and the invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked "Immediate cancel" will be terminated by midnight of the day of the cancellation request, and the current invoice will still be due and processed per our Terms of Service.
No refunds will be given on customized services/orders, associated setup fees and/or services/orders with explicitly requested and provided IP diversity, unless specified at the time of purchase.
Any orders that have utilized a license for which XYZ.com.lk has paid fees to a third party - such as (but not limited to) Microsoft Licenses, WHMCS Licenses, and cPanel Licenses - are non-refundable. Payments for domain names, for which XYZ.com.lk pays to a registrar, are also non-refundable.
XYZ.com.lk and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email [email protected]
Any attempts to undermine or cause harm to a XYZ.com.lk service or customer of XYZ.com.lk is strictly prohibited. XYZ.com.lk will pursue legal action to the fullest extent for any abuse of XYZ.com.lk or its products or services.
BREACH OF TERMS OF SERVICE
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. XYZ.com.lk reserves the right to remove any account or service without prior notice. If XYZ.com.lk deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified XYZ.com.lk (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by XYZ.com.lk as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
LENGTH OF CONTRACT
The agreement between You and XYZ.com.lk will be effective as of the date you sign up for any XYZ.com.lk Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with XYZ.com.lk via the primary XYZ.com.lk website.
Without limiting other remedies, XYZ.com.lk or its affiliates may limit, suspend, or terminate your use of XYZ.com.lk Products and Services, prohibit access to XYZ.com.lk's website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off XYZ.com.lk's network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the XYZ.com.lk network, if you purchased XYZ.com.lk Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. XYZ.com.lk shall effect such termination by preventing access to your account and to the XYZ.com.lk network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, XYZ.com.lk may provide notice to you by email, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that XYZ.com.lk may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the XYZ.com.lk network.
You acknowledge and understand that if the XYZ.com.lk Service or Products do not function as a result of a force majeure event, XYZ.com.lk will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of XYZ.com.lk. In the event XYZ.com.lk is affected by a force majeure event, it shall post a notification on the XYZ.com.lk website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. XYZ.com.lk will not accept any liability for the consequences arising out of a force majeure event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY XYZ.com.lk ON AN "AS- IS" AND "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
XYZ.com.lk EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XYZ.com.lk MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XYZ.com.lk OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XYZ.com.lk SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XYZ.com.lk HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of XYZ.com.lk in contract, tort, statutory duty or otherwise (even where XYZ.com.lk has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and XYZ.com.lk becomes liable for loss or damage that would otherwise have been limited.
By visiting XYZ.com.lk, you agree that the laws of Sri Lanka, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and XYZ.com.lk or its affiliates.
SITE POLICIES, MODIFICATION, AND SEVER-ABILITY
This policy is effective as of 21 May 2019.
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