Terms of Service

Weblink Nepal Pvt Ltd Hosting Terms of Service
This Agreement documents the understanding between Weblink Nepal Pvt. Ltd. (referred hereinafter as “Weblink”, “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 Weblink’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 renewable 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, Weblink 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 cheques.
Weblink shall not be liable for taxes of any nature related to purchases made from Customer or Weblink’s servers. Customer agrees to take full responsibility for all fees and taxes associated with Customer’s website.

2. Backup and Data Loss
Backups are the sole responsibility of the Customer. Our backup service is provided to you as a courtesy. Weblink is not responsible for any loss, erase or corruption of Customer’s data or files. Weblink does, however, perform weekly and monthly backups of server configurations and customer data. The backup is retained 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 Weblink’s backups, Customer agrees to pay Weblink a technical support fee to recover Customer’s lost data.
Weblink expressly limits its damages to the Customer for any down time to the pro-rated hosting cost during the time of system unavailability. Weblink specifically denies any responsibilities for any damages arising from a consequence of service non- availability.
Weblink 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 Weblink may only be used for lawful purposes. The laws of EU and the United States of America apply
The customer agrees to indemnify and hold harmless Weblink 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 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, you can contact us with the information required. If the request is of a licensing issue, we may require 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 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


Weblink services, including all related equipment, network devices are provided only for authorized customer use. Weblink 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 Weblink 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. Weblink 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 services (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48hrs 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 48hrs.
If in doubt regarding the acceptability of your site or service, you can contact us and we will 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 and 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 Weblink 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 and memory usage by one or more clients causes extreme slowness in all areas: MYSQL, PostgreSQL, Email, HTTP and more. If the CPU and memory usage by few client 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
  • 15MYSQL maximum user connections allowed
  • 300emails 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 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
Weblink believes in the freedom of hosting. We do allow our users to run Free Hosting Sites, though for having lots abuses and resources delegation, Weblink 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 10domains 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 Weblink at any time without prior notice and without cause. However, Weblink 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 15days remaining in the current billing period on the date Customer requests pro-rated fund.
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, Weblink 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 website 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 and Liabilities against Weblink, 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 Weblink’s servers is at Customer’s sole risk. Neither Weblink, 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 Weblink. 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, Weblink 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 receive 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 request form will be entertained.
Weblink reserves the right to reject or disapprove any customer password reset request based on our sole discretion.

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


9. Script Usage Policy
The script must use low system resources. Scripts that consume 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.
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.
Scripts may not interact with any server configuration or hardware. Acoounts running these scripts are subject to immediate account termination without refund.
Script cannot be used or referenced from any other site not hosted by Weblink.
Script must execute in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
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 Weblink.
Perl/ Php/ python or any script based chat room scripts are strictly prohibited.
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.
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 money.

10. Liablities
Weblink 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 Weblink be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable 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 Weblink’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 refund.

13. Terms of Agreement
This Agreement shall be governed by 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.
Weblink Network reserves the right to change this Term of Service at any time. Changes shall become effective within 30days of publication of the revised version on www.weblinknepal.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.

14. Domain Registration
Weblink may obtain a domain name for the client at the client's request. The price for Domain registration may vary and change without prior notice. Although the domain names are registered to Weblink Nepal, the client is legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Weblink Nepal will do this within a reasonable timeframe. It is the responsibility of the client to renew their domain names when due. If a domain name expires, Weblink Nepal cannot be held liable for this. However, Weblink Nepal will make reasonable effort to contact the client regarding domain renewal.