2. ELIGIBILITY AUTHORITY
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this agreement, MDP Hosting lanka finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. MDP Hosting lanka shall not be liable for any loss or damage resulting from MDP Hosting lanka ’s reliance on any instruction, notice, document or communication reasonably believed by MDP Hosting lanka to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, MDP Hosting lanka reserves the right (but undertakes no duty) to require additional authentication from you.
(a) Domain names registered through MDP Hosting lanka will be sponsored by Hexonet.
In order to access some of the features of this site or use some of the services found at this site, you will have to create an account. You represent and warrant to MDP Hosting lanka that all information you submit when you create your Account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If MDP Hosting lanka has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, MDP Hosting lanka reserves the right, in its sole and absolute discretion, to suspend or terminate your account. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer number/login, password and payment method(s). For security purposes, MDP Hosting lanka recommends that you change your password at least once every six (6) months for each account you have with MDP Hosting lanka . You must notify MDP Hosting lanka immediately of any breach of security or unauthorized use of your Account. MDP Hosting lanka will not be liable for any loss you may incur due to any unauthorized use of your account. You, however, may be liable for any loss that may be incurred by MDP Hosting lanka or any third party caused by any such unauthorized use of your account, whether caused by you or your authorized person.
3.1 The Registered Name Holder shall provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation
3.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by MDP Hosting lanka concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.3 Any registered name holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A registered name holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.4 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.5 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
3.6 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
This Terms of Service Agreement (this “Agreement”) is entered into by and between MDP Hosting and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of MDP Hosting services (“Services”) purchased or accessed through the MDP Hosting lanka website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through Red Server Host
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
Acceptable Use Policy
The terms “we”, “us” or “our” shall refer to MDP Hosting. The terms “you”, “your”, “User” "Subscriber" or “customer” shall refer to any individual or entity who accepts this agreement. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
MDP Host, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
Last Revised Date: July 31st, 2020.
4. RULES OF CONDUCT
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting any other nation.
Further, you acknowledge and agree that:
- Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
- You will not use this site or the services found at this site in a manner (as determined by MDP Hosting lanka in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding MDP Hosting lanka or MDP Hosting lanka ’s Services.
- You agree to back-up all of your User Content so that you can access and use it when needed. MDP Hosting lanka does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not use this Site or the Services found at this Site, including any of MDP Hosting lanka’s related technologies, for any commercial use without MDP Hosting lanka’s express prior written consent.
MDP Hosting lanka reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
No refund will be processed if you violate any of the above "Rule of Conduct".
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Managed & Secured
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5. MONITORING OF CONTENT AND ACCOUNT TERMINATION POLICY
MDP Hosting lanka generally does not pre-screen User Content (whether posted to a website hosted by MDP Hosting lanka or posted to this Site). However, MDP Hosting lanka reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. MDP Hosting lanka may remove any item of User Content (whether posted to a website hosted by MDP Hosting lanka or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by MDP Hosting lanka in its sole and absolute discretion), at any time and without prior notice. MDP Hosting lanka may also terminate a User’s access to this Site or the Services found at this Site if MDP Hosting lanka has reason to believe the User is a repeat offender. If MDP Hosting lanka terminates your access to this Site or the Services found at this Site, MDP Hosting lanka may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
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99.9% Uptime Guarantee
6. ADDITIONAL RESERVATION OF RIGHTS
MDP Hosting lanka expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by MDP Hosting lanka in its sole and absolute discretion), including but not limited to the following:
(i) to correct mistakes made by MDP Hosting lanka in offering or delivering any Services (including any domain name registration),
(ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry,
(iii) to assist with fraud and abuse detection and prevention efforts,
(iv) to comply with applicable local, state, national and international laws, rules and regulations,
(v) to comply with requests of law enforcement, including subpoena requests,
(vi) to comply with any dispute resolution process,
(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or
(viii) to avoid any civil or criminal liability on the part of MDP Hosting lanka, its officers, directors, employees, and agents, as well as MDP Hosting lanka’s affiliates.
(ix) MDP Hosting lanka reserves right to access, use, modify, download, execute your files, database, mails, etc. from your shared hosting provide support, training or solve your technical issues with or without taking/seeking your permission.
In case of VPS or Dedicated Servers with root access, we will solve your queries and provide support only when you provide us the login details.
MDP Hosting lanka expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
7. NO SPAM POLICY
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward MDP Hosting lanka, but also because it can overload MDP Hosting lanka's network and disrupt service to MDP Hosting lanka's subscribers. Also, maintaining an open SMTP relay is prohibited.In such a cases, Refund will not be provided.
8. SERVICE LEVEL AGREEMENT
MDP Hosting lanka is committed to providing a standard of excellence commensurate with the best practices in the industry of our Services. During the Term of the applicable Master’s Agreement, the Services will be operational and available to you as a customer for a guaranteed time in any calendar year.
MDP Hosting lanka aims to achieve 99% Service Availability of its Services for all customers. In case of failure of MDP Hosting lanka to meet the guaranteed level of service, you will be eligible to receive the Service Credits as described below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
Circumstances beyond MDP Hosting lanka' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against MDP Hosting lanka' network;
Scheduled maintenance and system upgrades, or emergency maintenance;
Any DNS or Domain Name Registry issues outside the direct control of MDP Hosting lanka including DNS and Registry propagation issues and expiration;
Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer's account in breach of MDP Hosting lanka Terms and Conditions and Acceptable Use Policy;
Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
Delays in e-mail delivery;
False SLA breaches reported as a result of outages or errors of any MDP Hosting lanka measurement system;
Outages elsewhere on the Internet that hinder access to your account. MDP Hosting lanka is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.
9. RETENTION & BACKUP POLICY
The system logs of the servers would be retained as a backup in our server for at least 1 (one) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a MDP Hosting lanka user agree that in no case, MDP Hosting lanka can be held responsible for the loss of data in any circumstances.
Your use of the services is at your own risk. the company does not maintain backups of services purchased by you. You should not rely on the company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the company’s servers.