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.