30 days money back gurentee(Hosting)
11. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by MDP Hosting lanka. MDP Hosting lanka assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, MDP Hosting lanka does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release MDP Hosting lanka from any and all liability arising from your use of any third-party website. Accordingly, MDP Hosting lanka encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MDP Hosting lanka, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MDP Hosting lanka, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MDP Hosting lanka ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MDP Hosting lanka, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any
termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
MDPhostinglanka.com All Rights Reserved
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL MDP Hosting lanka, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MDP Hosting lanka IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall MDP Hosting lanka’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless MDP Hosting lanka and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by MDP Hosting lanka directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
16. FEES AND PAYMENTS
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.
Non refundable Fees: Fees paid by Subscriber in connection with the purchase of installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses are non-refundable.
No refund to be processed in case your account is in suspended state due to non payment. Also note that, no backup of data will be provided in case your account is suspended due to non-payment.
Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time. There will not be any refund given for the amount already paid if the subscriber does not qualify for the refund policy.. Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.
The money back guarantee is applicable for new clients only. New orders from existing clients do not qualify for our money back guarantee program. We give only prorata refunds. A prorata refund policy means that we subtract the number of days a client has already used the hosting account and then we refund the amount for the left over time period only. You can request a refund if you place a cancellation request within the period of days covered by your service's money back guarantee. Different services have different money back guarantee terms, below you can see if your service is covered by our money back guarantee and under what terms:
30 days money back guarantee: Web hosting On 1 Year, 2 Year, 3 Year Plans.
No money back guarantee: installation fee, VPS, dedicated servers, SSL certificates, domain privacy, domain names and licenses or custom software installs.
If the moneyback guarantee period has expired for your service, you are not eligible for a refund. Violation of the terms of service will waive the refund policy.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
We will refund your money ONLY if you have any technical issue with our services. No refund will be made if your Service(s) are suspended or terminated. Your refund request has to be justified with valid technical issue faced due to services If you request for a refund after 30 days, Your refund request cannot be processed.
We do not refund when customers host illegal contents such as a copyrighted content. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.
No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.
17. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
18. COMPLIANCE WITH LOCAL LAWS
MDP Hosting lanka makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules, and regulations.
19. GOVERNING LAW
Customer agrees to use the service in compliance with applicable law and this Agreement, in particular, Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Further:
a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of Sri Lanka. shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
21. DOMAIN RENEWAL
Domain renewal notices are provided as a courtesy reminder and MDP Hosting lanka is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances, domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to MDP Hosting lanka within 7 working days. The client should update the support team by writing Email to Service@mdphostinglanka.com to rectify the problem.
MDP Hosting lanka accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.
22. DOMAIN REGISTRATION
It is a responsibility of the client to verify the domain registration is successful or not, rarely under unfortunate circumstances, domain registration may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain registration, client should get back to MDP Hosting lanka within 7 working days. The client should update the support team by writing Email to email@example.com to rectify the problem.
MDP Hosting lanka accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.
23. GRIEVANCE OFFICER
MDP Hosting lanka shall address any grievances of users, whether registered or not, with respect to the website content or any other aspects connected therewith, in a time bound manner. For this purpose, Red Server Host has designated the following person as Grievance Officer in terms of Information
Customer Relation Officer
The appointed officer shall acknowledge the complainant electronically and resolve the matter within the time specified in terms of the Information Technology Law.
24. ELECTRONIC COMMUNICATIONS / NOTICES
a) Any notice or other communication required or permitted to be delivered to MDP Hosting Lanka under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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. And, by special permissions, you may opt for electronic communication in communicating with us by writing to firstname.lastname@example.org
c) All official / legal communications and correspondences with MDP Network has to be done in the English language only. Any correspondence received in any other language other than English will not be permissible and no legal action can be taken against MDP in such scenarios.
Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Red Server Host that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
596, Epitawala, Kiriella
Idangoda, Sabaragamuwa Provience, 70480
Otherwise also, if you have any questions about this Agreement, please contact us at the above address.
In any case, number of inodes count (file count) is allowed only 250000 per cpanel. Investigation/questioning/suspension can occur if any cpanel breaches this limit.
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