TERMS OF SERVICE – Commercial Service Agreement
SriCommerce.com – Acceptable Use Policy and Terms of Web-Services
SINHALAYA WORLDWIDE means the web portral of Sinhalaya.Com.
Portal Domains: SINHALAYA.COM, SINHALAYA.NET, SRICOMMERCE.COM
SriComm Account means the each account created by SriCommerce.Com through it’s web hosting services, support or billing systems.
COMMERCIAL SERVICES means all kind of commercial services which maintaining by SINHALAYA WORLDWIDE or SriCommerce.Com such as,
– Web Hosting
– Web Advertising
– Offline Advertising
– Astrological Services
– Other Online Services
– Domain Related Services
Agreeing to SriCommerce.Com 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 SriCommerce.Com 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. SriCommerce.com reserves the right to change this policy any time. SriCommerce.com 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:
SriCommerce.com accepts payments via Bank deposits, Western union, Paypal, 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 SriCommerce.com 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 SriCommerce.Com, 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):
SriCommerce.Com 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 SriCommerce.com 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. SriCommerce.com ( SINHALAYA WORLDWIDE ) is not responsible for actions that are taken as a result of a customer’s failure to respond to SriCommerce.com ( SINHALAYA WORLDWIDE )’s notices.
B11 Uptime Guarantee:
All packages Include 99.99% uptime guarantee. But guarantee credit does not cover scheduled downtime. To get guarantee credit please e-mail to following address with your account details with in 7 days.
[C] DOMAIN POLICY
C1 A SriComm 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 SriComm 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 SriCommerce Web Services.
C3.1 If any client had not renewed their account (auto renewed by SriCommerce Web Services as it’s priority client) the actions of SriCommerce 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 SriComm Account.
After 21 days from the expiration of the account:
– The related domain will be sell on a public domain auction and expired SriComm account owner will be no longer the account owner anymore after this point.
C4 SriCommerce 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 one of following addresses,
[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 SriCommerce.Com, 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 SriCommerce.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.
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 SriCommerce.Com’s servers. Accounts in violation of this policy will be suspended without prior notice.
* Resource incentive scripts (chat room scripts) are not allowed on SriCommerce.Com’s servers.
The following scripts are banned because they are either resource hogs or harmful:
* Eggdrops and IRC Bots (PSYBNC, etc.)
* IRC Servers/clients (ircd, etc)
* IRC BNCs (PsyBNC, BNC)
* Network/System Security Auditing Tools
* Daemon Processes
* Game Servers
* Proxy Servers
* 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
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. SriCommerce.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 SriCommerce.Com 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.
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 for non-subscribers of Backup Service and will not apply any cost when restoring a backup for Subscribers for Backup Service.
Backup Subscription Service:
Any of existing or new client may subscribe for Backup Service that restore their account with “early day” backup. Backup subscribers may asking multiple restoration times during the backup subscription period and there are no limits to restore their backup. The duration of backup subscription is annual basis and the backup subscription charge will be $20 per account annually.
– 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.
script sharing with domains not hosted by SriCommerce.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 SriCommerce.Com 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 SriCommerce.Com 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
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 hotline +94 77 19 000 19
SriCommerce.Com 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 ). SriCommerce.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. SriCommerce.Com 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). SriCommerce.Com, 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). SriCommerce.Com will install & supported software purchased through SriCommerce.Com (ie: clientexec, SSL Cert ) at no additional charge,
LIMITAION OF LIABILITY – SriCommerce.Com 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. SriCommerce.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 – SriCommerce.Com 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 SriCommerce.Com are resold. Thus, certain equipment, routing, software, and programming used by SriCommerce.Com ( SINHALAYA WORLDWIDE ) are not directly owned or written by SriCommerce.Com. Moreover, SriCommerce.Com 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 SriCommerce.Com sees fit. FURTHERMORE, SriCommerce.Com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
CHANGES TO THE TOS – SriCommerce.Com reserves the right to revise its policies at any time without notice.
(Last Updated: 19th SEP 2012)