Nepallink Network's Term of Service  
 
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NepalLink Network Pvt Ltd Hosting Terms of Service

 

This Agreement documents the understanding between NepalLink Network Pvt Ltd. ( referred hereinafter as "NepalLink", "our", "we",and "us" ) and _______________ (hereinafter referred to as "Customer" and "you").

  1. 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.

  2. Backup and Data Loss.

    Backups are the sole responsibility of the Customer. Our backup service is provided to you as a courtesy. NepalLink is not responsible for any loss, erasure, or corruption of Customer's data or files. NepalLink does, however, perform weekly & monthly backups of server configurations and customer data. The backup is retain for only one week and month. The backup service is only applicable for shared, reseller, Email and Database Hosting package. 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 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.

  3. Etiquette and Usage Policy
     
    All services provided by Nepallink may only be used for lawful purposes. The laws of EU & the United States of America apply

    The customer agrees to indemnify and hold harmless Nepallink from any claims resulting from the use of our services.

    Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@nepallink.net with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

    Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel or Plesk backup of the same account. Please do not take backups of your backups.

    Examples of unacceptable material on all Shared,Reseller and Virtual servers include:

    * Topsites
    * IRC Scripts/Bots
    * Proxy Scripts/Anonymizers
    * Pirated Software/Warez
    * Image Hosting Scripts (similar to Photobucket or Tinypic)
    * AutoSurf/PTC/PTS/PPC sites
    * IP Scanners
    * Bruteforce Programs/Scripts/Applications
    * Mail Bombers/Spam Scripts
    * Illegal Online or Offline Gambling, Betting's sites/scripts/application/database
    * Banner-Ad services (commercial banner ad rotation)
    * File Dump/Mirror Scripts (similar to rapidshare)
    * Commercial Audio Streaming (more than one or two streams)
    * Escrow/Bank Debentures
    * High-Yield Interest Programs (HYIP) or Related Sites
    * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    * Sale of any controlled substance without prior proof of appropriate permit(s)
    * Prime Banks Programs
    * Lottery Sites
    * MUDs/RPGs/PBBGs
    * Hateful/Racist/Harassment oriented sites
    * Hacker focused sites/archives/programs
    * Sites promoting illegal activities
    * Forums and/or websites that distribute or link to warez/pirated/illegal content
    * Bank Debentures/Bank Debenture Trading Programs
    * Fraudulent Sites (Including, but not limited to sites listed at aa419.org &
    escrow-fraud.com)
    * Mailer Pro

    Examples of unacceptable material on all Dedicated, Virtual servers include:

    * IRCD (irc servers)
    * IRC Scripts/Bots
    * Pirated Software/Warez
    * IP Scanners
    * Bruteforce Programs/Scripts/Applications
    * Mail Bombers/spam Scripts
    * Escrow
    * High-Yield Interest Programs (HYIP) or Related Sites
    * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    * Sale of any controlled substance without prior proof of appropriate permit(s)
    * Prime Banks Programs
    * Lottery Sites
    * Hateful/Racist/Harassment oriented sites
    * Hacker focused sites/archives/programs
    * Sites promoting illegal activities
    * Forums and/or websites that distribute or link to warez/pirated/illegal content
    * Bank Debentures/Bank Debenture Trading Programs
    * Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    * Mailer Pro

    Nepallink services, including all related equipment, networks and network devices are provided only for authorized customer use. Nepallink systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Nepallink system(s) constitutes consent to monitoring for these purposes.

    Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Nepallink may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

    Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

    If in doubt regarding the acceptability of your site or service, please contact us at abuse@nepallink.net and we will be happy to assist you.

    Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography

    Any site found to host pornography,illegal online & offline gambling or linking to pornography or gambling will be suspended and terminated immediately without notice.

    Resellers:

    We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

    Direct customers: Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.

    It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

  4. Resource Abuse Policy (RAP)

    Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and NepalLink does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

    In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, PostgreSQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

    AVERAGE SERVER RESOURCE LIMITS
    Memory usage may not exceed 10% per domain/file/application
    CPU usage may not exceed 20% per domain/file/application
    Apache connections may not exceed 30 connections
    15 MySQL maximum user connections allowed
    300 emails per day, per domain

    There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

  5. Free Hosting Sites

    NepalLink believes in the freedom of hosting. We do allow our users to run Free Hosting sites, though for having lots abuses and resources delegation NepalLink reserves the rights to set a limit over an account if abuse department approves the account as a “FREE HOSTING PROVIDER”. Usually for a free hosting provider a 20 domains limit is eligible if and only if the provider is a TLD Free domain hosting provider, if the provider is a subdomain hosting (FREE) then the limit is set to 10 domains usually. We do not block free hosting services like other hosting providers though, for abuse and resource limitation on a premium server this policy is applied.

  6. 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.

    Shared Web Hosting accounts are not to be used for the purposes of distributing software, multimedia products, Illegal online or offline gambling scripts, Illegal P3/Audio/Video and Multimedia Files: Multimedia files are defined as any graphics, audio, and video files. Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.


  7. 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.

  8. Password Reset

    All accounts on our web servers are subject to the Account Password Reset Policy as described in this document. Under this Password Reset Policy, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.

    i. Password Reset Procedure

    Customer will need to send Account Password Reset Request via authorized email to initialize the password reset process. Once we received the request, we will verify the customer account status. Only request from the registered customer email account in our database will be processed. This is for security purpose. We DO NOT accept password reset requests over the phone. Only a fully completed formal request via email or faxed copy of the password reset form will be entertained.

    Nepallink's reserves the right to reject or disapprove any customer password reset request based on our sole discretion.

    ii. Modification of Password reset policy

    Nepalink reserves the right to change the terms, conditions, and notices under which this policy is written. No prior notice may be given.

    iii. General Information

    The Password Reset Policy constitute the entire agreement between you and Nepallink and govern your use of the Service, superceding any prior agreements between you and Nepallink. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Nepallink services, third-party contents or third-party software.

  9. Script Usage Policy

    i. The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.

    ii. Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned and if no action is taken on behalf of the account holder the account may be suspended.

    iii. The scripts may not interact with any server configuration or hardware. Accounts running these scripts are subject to immediate account termination without refund.

    iv. The script can not be used or referenced from any other site not hosted by Nepallink.

    v. The script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.

    vi. Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately and your actions will be reported to the proper local, state, and federal authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by NepalLink.

    vii. Perl/Php/python or any script based chat room scripts are strictly prohibited.

    viii. Scripts that require high-bandwidth usage, such as chat room scripts or banner rotation scripts, will be allowed to run only on our high-end accounts.

    ix. Scripts must be kept secure. Unnecessary chmoding scripts to 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without a index.html file) is also in violation of this policy. NOTE: If a script will NOT execute with a permission other than 777 (rarely the case) you may contact customer care to get approval for the script which will be given under most circumstances.

    Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, ASP.NET, Python, Ruby and PHP scripts by our System Administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

  10. Liabilities

    NepalLink, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall NepalLink be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this web site or from any information, services or products provided through your web site. We are not responsible for any content on any server in our network and will not take any action against any questional material or action until the website in question is brought to our attention by emailing us.

  11. Refusal of Service

    We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer’s account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

  12. Client's use of profanity in language, or abuse towards any Nepallink's employee via chat, email, phone, support ticket system, or in any other form will result in a complete block from our support system, and subject the client to an account cancellation without a refund.

  13. Terms of this Agreement 

    This agreement shall be governed by and construed in accordance with the law of EU, US 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.
  14. For Satisfaction Guarantee Conditions Please refer http://nepallink.net/satisfaction_guarantee.php, For 100 Days Money Back Guarantee please refer http://nepallink.net/100days
 


 

 

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