All users of SerendibHost services, and all customers upon signing up for SerendibHost services, agree to comply with SerendibHost Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using SerendibHost services with due regard to the rights of other Internet users and in conformity with the requirements of SerendibHost network environment. The TOS are not exhaustive and SerendibHost reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.SerendibHost.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse-dept@SerendibHost.com. Please see our abuse terms for more details on abuse policy and our Unlimited Plan Quota. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of SerendibHost, this TOS supersedes any other agreement with SerendibHost, whether written, oral, by conduct, or otherwise.

SerendibHost reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed SerendibHost may reasonably make to this agreement when such changes are made. If you have purchased services or software from SerendibHost, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

Domain Name Registration and SSL certificates

1. We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
3. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
4. We shall not release any domain to another provider unless full payment for that domain has been received by us.
5. SerendibHost reserves the right to revoke or refuse an SSL certificate with or without prior notice.
6. SerendibHost reserves the right to increase/decrease our SSL prices at anytime with or without prior notice.
7. SerendibHost provides no warranties or guarantees on the nature and functionality of the certificates.

Webhosting Services & Acceptable usage Policies (AUP)

1. New webhosting account setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. You will receive two (2) emails including login details after your purchase activation. Due to unforeseen complications with various mail servers and any connection problems between your ISP and SerendibHost, this process may sometimes be delayed.

It is your responsibility to ensure the email address on file is current and/or up to date at all times. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. Providing false contact information of any kind may result in the termination of your account.

2. Transfers/Account migrations

Our transfer team will make every effort to help you move your site to us; however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host. Resellers are allowed up to 10 account transfers free of charge; after that there will be a charge at our discretion.

3. Personal/Shared Web Hosting Account

Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by opening a ticket with our billing department.

Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on SerendibHost Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.

4. Reseller Hosting Account
• Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.
• The Reseller customer is liable and responsible for all actions of their account and subaccounts created by the reseller customer. As the reseller customer you agree to accept all responsibility and liability for your actions and the actions of your sub users either directly or indirectly.
• Terms of Service violations as a result of a sub user account being exploited with or without knowledge will be the responsibility of the reseller account holder.
• Reseller customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.
• The reseller account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of SerendibHost's policies and Terms Of Service.
• The legal liability and legal responsibility of the subaccounts of the reseller belongs to the reseller customer.
• SerendibHost reserves the right to financially charge the reseller customer for any contract violation.
5. Content

All services provided by SerendibHost may only be used for lawful purposes. The laws of the SriLanka and the United States of America apply.

The customer agrees to indemnify and hold harmless SerendibHost 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. If you believe that your copyright or trademark is being infringed upon, please email abuse-dept@serendibhost.com with the information required.

Examples of unacceptable material on Shared,Reseller and domain include:
IRC, IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, filedump, banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers 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 support ticket/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-dept@serendibhost.com 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 (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately 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 username 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. (Linux hosting clients,to generate passwords please login into cPanel and use the generator.)

6. Resource usage

user may not:

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client.
• Participate in any file-sharing/peer-to-peer activities.
• Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
• Run cron entries with intervals of less than 15 minutes.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")

You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

7. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

8. Security

Users are prohibited from violating or attempting to violate the security of the SerendibHost Network. Violations of system or network security may result in civil or criminal liability. SerendibHost will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”,
• Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
• Taking any action in order to obtain services to which such User is not entitled,
• Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,

Each hosting package purchased is unique to a domain name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. SerendibHost will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often time work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

9. Money back Guarantee

Each of SerendibHost's Shared and Reseller Hosting servers carry a 30 day conditional money back guarantee on them. If for any reason you are unhappy with the services you receive from SerendibHost during the first 30 days of service (Only Web Hosting), you may request in writing via email or via billing system.

You must also state a detailed reason as to why you are cancelling (as we request for any cancellation). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

Remember, this does not apply to administrative fees, install fees for custom software, domain name purchases and ssl certificate purchases. Special Promotions may/may not apply to the 30 unconditional money back guarantee; if purchasing a promotion please read the Terms of Servers (TOS) in the promotion and/or advertisement. Offline payments such as money orders, bank transfers or cheques are not eligible for the money back guarantee.

If client violated the terms and conditions and suspended in that case refund will not be offered also if He/She asked for cancelation and then agreed to continue using services can't ask second time for refund.

If client asked for any work during the 30 days like website transfer etc... He/she has to pay the admin fee USD30/hour as you are no more willing to use our services so all free support for which you were entitled will be no more free so he/she has to pay expenses.

10. Uptime Guarantee

SerendibHost guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where SerendibHost has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and SerendibHost’s server residing data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that SerendibHost cannot directly influence.

11. Unlimited Resource Accounts

All Accounts with plans that offer Unlimited Disk Space or Unlimited Data Transfer or both must abide by Fair Use Terms. All Accounts Must stay within the 25GB - 50GB range in total disk space for the duration of the account on SerendibHost Servers and cannot exceed 100GB of data transfer in any given month. Any Account breaking these terms with have the entire account suspended with or without notice immediately.

12. Backups

SerendibHost takes extreme steps to maintain system integrity. However, SerendibHost shall not be held responsible for loss of data due to any cause. To ensure the highest level of data protection, SerendibHost recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times.

SerendibHost carries out daily backups. These backups are strictly for our own use in-case of a server failure. However you also can request us to restore the backup and this service we provide as a courtesy service and cannot make guarantees.

Billing & Payment Policies

The following Terms of Service constitute SerendibHost Billing Policy and apply to ALL SerendibHost customers:

1. Payments

When you subscribe to our services, you are subscribing to a pre-paid service. All charges are shown in US Dollars and SriLankan Rupees. Online payments are to be made in US dollars. Offline payments are to be made in SriLankan Rupees. SerendibHost accepts the following types of payment:

• Credit Card (VISA, MasterCard)
• PayPal
• Bank Transfer (Sampath Bank)

All payments are due on the Account Statement Date. If you provide SerendibHost your credit card information, you authorize SerendibHost to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with SerendibHost Billing Policy in the TOS. You are responsible for directly updating, or notifying SerendibHost, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Service will be suspended on accounts that reach 7 days overdue and the service terminated after 30 days overdue.

2. Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

3. Statements

SerendibHost does not mail paper invoices or statements. Statements can be viewed and printed through Billing control panel.

4. Cancellations

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form. No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

SerendibHost does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to SerendibHost services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. SerendibHost reserves the right to cancel any account, at any time, without notice, for any reason SerendibHost considers appropriate.

5. Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. Offline payments such as bank transfers or cheques are not eligible for the refunds. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgment of providing refunds for our promotional offers. (Refer the Money Back Guarantee section of Webhosting services terms for more details)

6. Credit Card Disputes/Chargeback

SerendibHost has a zero tolerance policy for chargeback. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at SerendibHost discretion. A charge of USD50.00 per chargeback will be assessed to all accounts that receive a chargeback.

7. Billing/Price Changes

SerendibHost policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle. Current SerendibHost clients will never pay more for a monthly service than at the time of signup. This is void when signing up under a Promotion.

Mail Policies

SerendibHost has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam".

The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any SerendibHost customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

1. The number of messages allowed to be sent per hour, per domain, is 200 messages.
2. You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.
3. Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.
4. Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.
5. All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.
6. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to SerendibHost upon request.

Prohibited Uses of SerendibHost Network Systems and Services Regarding Spam

1. Sending Unsolicited Bulk Email ("UBE", "spam")

The sending of any form of Unsolicited Bulk Email through SerendibHost's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on SerendibHost's servers, is prohibited. SerendibHost accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

2. Running Unconfirmed Mailing Lists

Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SerendibHost customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any SerendibHost-hosted domain, or referencing any SerendibHost account, is prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

Privacy Policies

SerendibHost is committed to protecting your personal information and respecting your privacy.

We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so. We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties. We may use various methods to collect information including, cookies and/or IP addresses.

General Terms and Policies

1. Affiliates

Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area. You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.

2. Support Boundaries

SerendibHost provides online technical support to its customers. We limit our technical support to our area of expertise. The following is our guidelines when providing support:

• We offer support related to your server or virtual site physical functioning, but we do not offer tech support for application specific issues such as CGI programming, html or any other such issue.
• We do not provide technical support for YOUR customers (in case of resellers).
• If you can e-mail, we encourage you to e-mail support@serendibhost.com for assistance.
• The Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
3. Liabilities

SerendibHost, 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 SerendibHost 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 questionable material or action until the website in question is brought to our attention by emailing us.

4. Disclosure to law enforcement

SerendibHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

5. Changes to the TOS

SerendibHost reserves the right to revise its policies at any time without notice.