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NepalLink Network Pvt Ltd
Hosting Terms of Service
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This Agreement documents the understanding between NepalLink Network
Pvt Ltd. (hereinafter referred to as "NepalLink") and _______________
(hereinafter referred to as "Customer").
I.
Financial Arrangements
Customer agrees to be billed monthly in advance, beginning upon
NepalLink's receipt by email, fax, or mail. Contract takes effect on
the date of receipt of payment.
This agreement will automatically renew each month or quarter
(depending on the hosting plan selected) unless cancelled in writing by
the Customer prior to the renewal date. Cancellations must be submitted
in writing by email, fax, or mail.
In the event that Customer fails to pay in advance for the services
provided or Customer's account becomes delinquent, NepalLink reserves
the right to suspend Customer's account and services immediately
without notice and without liability for actual compensatory or
consequential damages to the Customer for the interruption in service.
Failure to pay includes expired, declined, and inactive credit cards,
as well as invalid checks.
NepalLink shall not be liable for taxes of any nature related to
purchases made from Customer or NepalLink's servers. Customer agrees to
take full responsibility for all fees and taxes associated with
Customer's web site.
II.
Service
NepalLink, as a Web Hosting Service Provider, provides Customer with
Internet connectivity on shared servers connected to the Internet.
NepalLink makes no warranties or guarantees of any kind, whether
expressed or implied for the service it is providing. The use of any
data or material, which Customer receives or transmits using the
service provided by NepalLink, is at Customer's sole and absolute risk.
Backups are the sole responsibility of the Customer. NepalLink is not
responsible for any loss, erasure, or corruption of Customer's data or
files. NepalLink does, however, perform daily backups of server
configurations and customer data. In the event of data loss due to any
fault of the Customer, and a restore is necessary using NepalLink's
backups, Customer agrees to pay NepalLink a technical support fee of
$10 to recover Customer's lost data.
NepalLink expressly limits its damages to the Customer for any down
time to the pro-rated hosting cost during the time of system
unavailability. NepalLink specifically denies any responsibilities for
any damages arising from a consequence of service non-availability.
NepalLink maintains control of any and all IP addresses that may be
assigned to the Customer and reserves the right to change or remove any
and all IP addresses at its sole discretion.
III.
Etiquette and Usage Policy
Customer may only use NepalLink's services for lawful purposes. All
data stored or transmitted must be legal under all applicable US laws.
Customer is solely responsible for determining the legality of their
data. NepalLink will report illegal activities to the appropriate
regulatory and/or governmental authorities for prosecution. The
Customer is responsible for the action of all sub-account users
NepalLink's services may not be used to impersonate another person or
misrepresent authorization to act on behalf of others. Using a
non-existing email return address or an email address belonging to
someone else is expressly prohibited. Sending unsolicited advertising
via email ("Spam"), whether direct or indirect, whether used externally
to promote a site hosted by NepalLink or sent via NepalLink's services,
is prohibited. Participation in Spam, or using NepalLink's services in
an attempt to obtain unauthorized access to other secured computer
systems, shall be cause for immediate termination of services without
notice to Customer.
Use of NepalLink's facilities to commit network abuse (including, but
not limited to, denial of service attacks such as ping bombing, email
bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise
compromise the security of hosts or networks is prohibited and grounds
for immediate termination of service.
Unauthorized distribution of any material which violates or infringes
any copyright, trademark, trade secret, patent, statutory, common law,
or proprietary rights of others shall be cause for immediate
termination of services without notice to Customer. This also includes
material in violation of US export restrictions, fraud, or any other
illegal activity.
Adult-oriented websites are expressly prohibited, regardless of whether
or not nudity is involved. NepalLink reserves the right to immediately
remove such content and terminate service to the Customer without any
liability to damages resulting from the interruption in service.
Any use of scripts or programs (including game servers, IRC bots, MUDs,
etc.) that interfere with the server's ability to function efficiently
as a web server is prohibited. NepalLink reserves the right to
terminate server processes deemed to be excessively CPU-intensive.
IV.
Termination
This Agreement may be terminated by either Customer or NepalLink at any
time without prior notice and without cause. However, NepalLink will
attempt to provide sufficient advance notice whenever possible should
termination be necessary. Unused portions of service will be prorated
and refunded on request ONLY if the following conditions are met:
Customer has made at least two hosting payments.
There are at least 15 days remaining in the current billing period on
the date Customer requests pro-rated refund.
If both of these conditions are not met, hosting services are
terminated at the end of the current billing period and no refund will
be issued.
If Customer has failed to comply with the terms of this Agreement,
NepalLink may terminate service any time without penalty. It is the
Customer's responsibility to point their domain and transfer their data
to another hosting provider upon discontinuation of service.
V.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold harmless
from any and all demands, liabilities, losses, costs, claims, including
reasonable attorney's fees, ("Liabilities") against NepalLink, its
agents, its customers, servants, officers, employees, that may arise or
result from any services provided, performed or agreed to be performed.
Customer agrees that use of NepalLink's servers is at Customer's sole
risk. Neither NepalLink, its employees, agents, resellers, or the like
shall be liable to Customer for any claims of actual, compensatory
and/or consequential damages which may be suffered by Customer,
including, but not limited to, losses or damages due to the loss of
data resulting from delays, no deliveries, or service interruptions
caused by the fault or negligence of NepalLink. Customer's exclusive
remedies, damages, losses and causes of actions shall not exceed the
aggregate dollar amount which Customer paid during the term of this
Agreement.
Due to the public nature of the Internet, NepalLink is not liable for
protection or privacy of electronic mail or other information
transferred through the Internet or any other networks utilized.
VI.
Terms of this Agreement
This agreement shall be governed by and construed in accordance with
the law of Washington State or Nepal. In the event that any portion of this Agreement is
held to be unenforceable, the unenforceable portion shall be construed
in accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
Nepallink Network reserves the right to change this Term of Service at any time. Changes shall become effective within thirty (30) days of publication of the revised version on www.nepallink.net. Your continued use of your subscription after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised Term of Service.
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