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This
Agreement documents the understanding between
WebHostNepal Pvt Ltd. ( referred hereinafter
as "WebHostNepal", "our", "we",and "us" ) and
(hereinafter referred to as "Customer" and "you").
- Financial
Arrangements
Customer agrees to be billed monthly in advance,
beginning upon WebHostNepal's receipt by email,
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, WebHostNepal 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.
WebHostNepal shall not be liable for taxes of
any nature related to purchases made from
Customer or WebHostNepal's servers. Customer
agrees to take full responsibility for all
fees and taxes associated with Customer's
web site.
- Backup and Data Loss.
Backups are the sole responsibility of the
Customer. Our backup service is provided to
you as a courtesy. WebHostNepal is not responsible
for any loss, erasure, or corruption of Customer's
data or files. WebHostNepal 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 WebHostNepal's backups, Customer
agrees to pay WebHostNepal a technical support
fee to recover Customer's lost data.
WebHostNepal expressly limits its damages to
the Customer for any down time to the pro-rated
hosting cost during the time of system unavailability.
WebHostNepal specifically denies any responsibilities
for any damages arising from a consequence
of service non-availability.
WebHostNepal 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.
- Etiquette
and Usage Policy
All services provided by WebHostNepal 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 WebHostNepal 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 info@webhostnepal.com
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
and Reseller 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
* 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
WebHostNepal services, including all related
equipment, networks and network devices are
provided only for authorized customer use.
WebHostNepal 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 WebHostNepal 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. WebHostNepal 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@WebHostNepal.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 child pornography or
linking to child pornography will be suspended
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.
- 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 WebHostNepal 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
350 emails per hour, 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.
- Free Hosting Sites
WebHostNepal believes in the freedom of hosting.
We do allow our users to run Free Hosting
sites, though for having lots abuses and resources
delegation WebHostNepal 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.
- Termination
This Agreement may be terminated by either
Customer or WebHostNepal at any time without
prior notice and without cause. However, WebHostNepal
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, WebHostNepal 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.
- 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 WebHostNepal, 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 WebHostNepal's servers is at Customer's
sole risk. Neither WebHostNepal, 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 WebHostNepal. 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,
WebHostNepal is not liable for protection or
privacy of electronic mail or other information
transferred through the Internet or any other
networks utilized.
- 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.
WebHostNepal'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 WebHostNepal and govern
your use of the Service, superceding any prior
agreements between you and WebHostNepal. You
also may be subject to additional terms and
conditions that may apply when you use affiliate
or other WebHostNepal services, third-party contents
or third-party software.
- 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 WebHostNepal.
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 WebHostNepal.
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.
- Liabilities
WebHostNepal, 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 WebHostNepal 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.
- 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.
- 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.
WebHostNepal 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.webhostnepal.com. 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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