Terms and conditions
Read how we manage our service.
CeylonSystems, parent company of CeylonServers is a Registered Business in SriLanka. Read our Terms Condition Carefully, Because when you use any current or future use CeylonServers products and services, they will be affiliated with our following terms and conditions.
All services provided by CeylonServers (“CeylonServers”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless CeylonServers from any claims resulting from the use of service which damages the subscriber or any other party.
CeylonServers will not be responsible for any damages your business may suffer. CeylonServers makes no warranties of any kind, expressed or implied for service we provide. CeylonServers disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by CeylonServers and its employees. CeylonServers reserves the right to change its policies at any time without prior notification.
CeylonServers endeavors to have network uptime 99.9% of the time. All our packages include the same uptime guarantee. But Guarantee credit does not cover server hardware failures, Scheduled downtime & Network Outages.
Services of the provider, payment, contract period/termination
- The scope of the individual services is based on the current service description in force at the time of placing the order.
- If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a web space package or other data stored on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulated time.
- If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period. All webhosting packages (“webspace”) and colocation services and domains offered by the provider (CeylonServers) assume a minimum service period of twelve months with an automatic extension of the agreement for twelve months. All dedicated server packages and VPS packages offered by the provider (CeylonServers) assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.
- Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.
- Given that the customer is placing the order as a private customer, the following applies: The customer has to pay the provider an appropriate fee which equals the ratio of the services already rendered in relation to the total services initially intended for the contract, up to the point when the customer informed the provider about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains. The reason for this is that these Internet domains are ordered individually according to the customer’s wish from the responsible registry and such orders have to be paid by the provider for one year in advance. This is why advances rendered by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.
- Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.
- The responsibility for backups of his data lies with the customer, not the provider.
- The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determines the remuneration according to equitable discretion.
- In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.
- It is agreed that payments made by the customer will not be refunded regardless of their original purpose – except in the case of an effective revocation. In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.
Limitation regarding content
- For webspace-packages, the following applies: The customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a CeylonServers server is noticeably impaired or even crashes. CeylonServers reserves the right to prohibit customers or third parties from accessing pages that do not comply with the aforementioned requirements.
- If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– All other scripts that may impair and/or disrupt the function of the server
- The provider reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites stored on the server or other servers within the network of the provider be affected by the customer’s site or server. The customer shall be informed about any such suspension.
- Moreover, the provider can proceed with the immediate suspension of any server or webspace package on which would be operated any kind of proxy service, such as VPN or TOR, for which the provider has knowledge of abuse, fraudulent or unlawful use.
- In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider’s claim of payment of remuneration remains, for the entire contract period.
- Should domain registration or domain hosting form part of the services offered to the customer, the provider shall act only in the capacity of mediator between the customer, DENIC, InterNIC or other domain registration authority. Agreements with such organisations have the sole purpose of governing the customer’s rights and obligations.
- The provider has no influence on the delegation of domain names. He therefore cannot warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent. This also applies to sub-domains allocated within the provider’s domain.
- If the customer should be requested by a third party to surrender a domain because it may infringe third party rights, he shall inform the provider immediately. In such cases the provider shall be entitled to surrender the Internet domain on behalf of the customer. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from disputes regarding inadmissible use of domain names.
- The customer hereby warrants to the provider that the address information (consisting of at least his name, address, telephone number and e-mail address) provided during registration or setting up a new account is correct and complete. Should this information change then the provider must be notified immediately in writing (letter, e-mail, fax). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider.
E-mail and newsgroups
- If the provision of e-mail addresses or e-mail services forms part of the services offered by the provider, the limitations set out in ‘Internetdomains’ section apply analogously to e-mail addresses provided for the customer. The provider reserves the right to delete the customers e-mail messages if they are not retrieved from the mail server within 4 weeks of receipt.
- If provision of access to public discussion forums (newsgroups) forms part of the services offered by the provider the time period over which public news is stored shall depend upon operational considerations of the provider.
- The provider shall not be responsible for the e-mail addresses he provides; their use and management is outside the control of the provider. In the case of misuse, the provider shall be entitled to suspend all or individual e-mail addresses. The customer shall be informed immediately about such measures.
Guarantees of performance
- The provider guarantees an annual mean 95%-availability of the physical connection of his webspace packages, dedicated, colocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within the provider’s sphere of influence (force majeure, faults of third parties or of the customer).
- The servers located in the datacenters of the provider are connected to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore data throughput capacities can be limited for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.
- Customers can use the servers of the provider or own colocated servers for an manageable amount of different applications and use various software programs to this purpose, at their own discretion. Because of this, millions of different configurations are possible. The sheer diversity of these option does not permit the provider to give guarantees for the utilizability and compatibility of servers for a certain purpose. Except for the specifications made in the description of the offer, the provider cannot give guarantees for the actual resources available for individual webspace packages and VPS. Rather, the provider makes available resources depending on technical possibilities, taking into account obligations towards other customers.
- Amendments or additions to this contract are only valid if they have been agreed to in writing. This also applies to any amendment of this clause relating to written notification.
- All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
- The customer may only set off claims against the provider if such claims are established as undisputed or legally binding.
- The provider is authorised to list the customer as a reference-customer without being obliged to pay a refund.
- All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.
- If any provision of this agreement is held to be invalid or becomes invalid or if there are omissions in the agreement that require rectification, the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision which comes closest to the intention of both parties as would have been agreed by the parties had they knowledge of such issues in advance.
Prohibited are sites that promote any illegal activity or present content that may be damaging to CeylonServers’ servers, or any other server on the Internet.
Any attempt to undermine or cause harm to a server or customer of CeylonServers is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Server abuse includes but is not limited to the following:
- CPU/Resource intensive Programs (such as Torrents/P2P, Folding@Home, Bitcoin Mining Related Nodes, MasterNodes, or other distributed computing applications)
- Denial of Service Attacks
- Hacking/cracking of any kind (This includes exploits)
- Account trading
G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.
H: We do not allow IRC on our budget web hosting servers.
I: Warez, image/file dump, mirror, or ad services.
J: Sale of controlled substance or online pharmacies.
K: Autosurf sites/programs like Macros, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.
L: Brute force programs, IP scanners, mail bombers, and spam scripts.
M: Cryptocurrency Mining Related Applications
N: To clarify, usage of Proxies/VPN are indeed allowed.
CeylonServers will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.
CeylonServers reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. CeylonServers does not offer refunds on any services under any circumstances.
If you wish to cancel your services, you must notify us three (3) business days prior to your renewal date. If your notice of cancellation is not received within this required time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. Accounts with 50 servers or more require a thirty (30) day cancellation notice. Upon requesting cancellation a final bill, covering the 30 day service period, will be issued and is due upon receipt. The final invoice must be paid in order for the cancellation request to become effective. You may cancel by sending a support ticket or by using the cancellation form within your client area.
If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of CeylonServers staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
Shared/Business Hosting : CeylonServers generates full backups of accounts every days. However client may generate backups from his cPanel at any time regardless of the account size. CeylonServers stores a single automatically generated backup of each account which is up to 5 days old, automatically generated backups of accounts are not stored. Backups are generated daily and weekly (on Sunday). CeylonServers is not liable for any loss of content if the backup has not been generated, it is the client’s sole responsibility to protect the account data.
Budget hosting: CeylonServers makes a best effort to backup customer files and data. However under no circumstance are we liable for the preservation or backup of your files or data in budget hosting packages. For liability reason we cannot guarantee that your material will be backed up. Customers should always maintain a copy of their data.
It is the customer’s responsibility to identify the internet content as their own or as third-party content.
The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA law. The placement of pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this. The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customer’s content.
The sending of spam mail is strictly forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties and spamvertising. With regards to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if this is not respected.
Last Update: 2018-10-23