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Lanka-web.com is an online-platform providing certain
services for visitors. We mainly target Sri Lankans who are away from their
country. By registering to be a member of LANKA-WEB.COM and to use any
LANKA-WEB.COM Service, you are agreeing to the following Terms of Service. In
addition, there are a variety of special Products and Services offered through
LANKA-WEB.COM that can have separate registration procedures and separate terms
and conditions, terms of service, user agreements, or similar legal agreement.
When you are using any LANKA-WEB.COM service or product that does not have a
separate legal agreement, the Terms of Service set forth here will apply.
Additionally, even if another LANKA-WEB.COM service or product has separate
terms and conditions, terms of service, user agreement, or similar legal
agreement, these Terms and conditions will also apply to the use of that
service or product. LANKA-WEB.COM also may supplement the Terms of Service with
additional posted guidelines or rules. These Terms of Service may be amended
from time to time without any notice to yourself. You can view the most current
version of the Terms of Service at any time by visiting the Terms and Condition
page on www.lanka-web.com. Please review these Terms of Service from time to
time so you will be apprised of any changes.
LANKA-WEB.COM may also offer other services from time to
time that may be governed by the terms of service of the respective service
partners.
Because the Terms of Service contain legal obligations,
please read them carefully. Failure to comply will result in account
termination and will subject you to further legal liability.
1. Products and Services.
LANKA-WEB.COM entitles users to access to a variety of
on-line and interactive on-line services (the "Products and
Services"). Some of the Products and Services are supported by
advertising, enabling LANKA-WEB.COM to provide them to you at no cost. When you
use these free services, you agree to allow LANKA-WEB.COM to display
advertising, including third party advertising, through the Products and
Services. LANKA-WEB.COM reserves the right to modify the Products and Services
from time to time, for any reason, and without notice, including the right to
terminate the Products and Services or to change the nature, style, or form of
advertisements displayed through the Products and Services. Unless explicitly
stated otherwise, any new Products and Services, including changes, updates and
new versions of the Products and Services, shall be subject to the Terms of Service.
With the use of Lanka-web.com products and services on the
site it is accepted that LANKA-WEB.COM has the right to place advertisements on
the site in any format or through any channel, including but not limited to
e-mail, layer ads, pops, banners and other usual formats without any
forewarning and it is furthermore accepted that LANKA-WEB.COM takes no
responsibility for the advertising content and that LANKA-WEB.COM shall not be
liable for any losses incurred regarding this advertising.
With the use of Lanka-web.com products and services on the
site it is accepted that LANKA-WEB.COM has the right to use the collected data
for commercial purposes in line with LANKA-WEB.COM's privacy policy.
2. Acceptance.
By using the Products and Services, you agree, without
limitation or qualification, to be bound by, and to comply with, these Terms of
Service as they may be amended from time to time, together with any other
posted guidelines or rules applicable to any specific Product or Service.
3. Registration Obligations.
Certain of the Products and Services will require the user
to register and provide certain data. In consideration of use of the Products
and Services, the user agrees to: (a) provide true, accurate, current and
complete information about yourself as prompted by the relevant registration
form (the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or LANKA-WEB.COM has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, LANKA-WEB.COM has the right to
suspend or terminate your account and refuse any and all current or future use
of the Products and Services (or any portion thereof).
4. Responsibility For Children.
In cases where you have authorized a minor to use the
Products and Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's access to and
use of the Products and Services; and (iii) the consequences of any misuse by
the minor.
5. Responsibility for Password and Username.
Upon registering, you will create a password and username.
You are responsible for maintaining the confidentiality of the password and
username, and are fully responsible for all activities that occur under your
password or username. You agree to (a) immediately notify LANKA-WEB.COM of any
unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
LANKA-WEB.COM cannot and will not be liable for any loss or damage arising from
your failure to comply with this requirement. Furthermore, lanka-web.com is not
responsible to provide you with a lost password on your request or otherwise.
6. Responsibility for Content.
You acknowledge and agree that all information, code, data,
text, software, music, sound, photographs, pictures, graphics, video, chat,
messages, files, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not LANKA-WEB.COM, are
entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Products and Services. LANKA-WEB.COM does not control user or
third party Content posted via the Products and Services, and, as such, does
not guarantee the accuracy, integrity or quality of such user or third party
Content, including but not limited to news items. Under no circumstances will
LANKA-WEB.COM be liable in any way for any user or third party Content,
including, but not limited to, for any errors or omissions in any such Content,
or for any loss or damage of any kind incurred as a result of the use of any
such Content posted, emailed or otherwise transmitted via the Products and
Services. LANKA-WEB.COM does not, as a general practice, pre-screen user or
third party Content posted on the Products and Services, although LANKA-WEB.COM reserves the right to do so.
7. Intellectual Property.
1. All intellectual property rights regarding the content on
the website www.Lanka-web.com.com (“Website†), including but not limited to,
the text, pictures, designs, graphics, photos and other (stationary and / or
moving) visual material, sound material, formats, software, data compilations,
databases and other material, as well as the intellectual property rights
regarding the Products and Services, shall be and shall remain the sole
property of LANKA-WEB.COM.
2. You may not use the Website, the Products and Services or
any content thereof, in any other way than for their respective purposes. You
may not make (the content of) the Website, Product or Service available in any
way to third parties and you may not multiply the (content of) the Website,
Products or Services. This, inter alia, means you may not extract and / or
reuse substantial parts of the content of the database(s) on the Website and /
or repeatedly and systematically extract and reuse non-substantial parts of the
content of the database(s) on the Website as meant in the USA Databases Act,
without written approval of LANKA-WEB.COM. In particular, you may not utilize
any data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilization of any substantial or
non-substantial parts of this Website as mentioned above.
3. Notwithstanding the infringement of intellectual property
rights, the acts described in this article 7 are also considered an
infringement on the property of LANKA-WEB.COM’ computer systems.
8. Disclaimer of Warranty.
LANKA-WEB.COM disclaims all warranties or representations,
express or implied, oral or written, including, without limitation, warranties
of merchantability, and fitness for a particular purpose, title or
non-infringement. LANKA-WEB.COM. does not warrant that its services are
error-free or that they will operate without interruption nor does
LANKA-WEB.COM make any warranty with respect to the quality, reliability,
timeliness or security of the Products and Services (including the existence or
non-existence of any viruses or other destructive elements within the Products
and Services). LANKA-WEB.COM makes no guarantee as to the availability of
Products and Services and is not responsible for any loss of information
resulting from deletion of Products and Services, network or system outages,
file corruption, or any other reasons.
9. Limitations.
The Products and Services may only be used for the intended
purpose for which such Products and Services are being made available. You may
not use the Products and Services to:
(a) Upload, post or otherwise transmit any Content that is,
or that promotes behavior that is, unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, email, otherwise transmit, or post links
to any Content that exploits the images of children under 18 years of age, or
that discloses personally identifying information belonging to children under
18 years of age;
(c) Harm minors in any way;
(d) Associate LANKA-WEB.COM and any Products and Services
with any illegal material of any sort. This includes any text, image or
likeness suggesting sexual and/or inappropriate and/or illegal acts of any
sort. Without limiting the foregoing, you may not use the Products and Services
to store, use, contain unethical material, racism, hatred, profanity, or any
material which may be insulting to another person(s) or entity;
(e) Impersonate any person or entity, including, but not
limited to, a LANKA-WEB.COM official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
(f) Sell, distribute, or make any commercial use of data
obtained from any Products and Services or make any other use of such data in a
manner which could be expected to offend the person for whom the data is
relevant;
(g) Create and maintain a LANKA-WEB.COM web page that (i) redirects to another web page or (ii) stores or hosts content for remote
loading by other web pages;
(h) Use the Products and Services to hyperlink to content
not permitted on the LANKA-WEB.COM Network;
(i) Interfere with or disrupt the Products and Services or
servers or networks connected to the Products and Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Products and Services;
(j) Upload, post, email, otherwise transmit, or post links
to any material that is false, misleading, or designed to manipulate any
equity, security, or other market;
(k) Disobey any LANKA-WEB.COM employee or representative or
interfere with any action by any LANKA-WEB.COM employee or representative to
redress any violation of these Terms of Service;
(l) Modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, link, display or in any way
exploit any Content from any LANKA-WEB.COM database, including, without
limitation, by incorporating data from any Products and Services, whether
browser-based, based on proprietary client-site applications, web-based, or
otherwise;
(m) Employ misleading email addresses or falsify information
in the header, footer, return path, or any part of any communication, including
but not limited to emails, transmitted through the Products and Services;
(n) Upload, post, or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships;
(o) Upload, post, email, otherwise transmit, or post links
to any Content that infringes any patent, trademark, service mark, trade
secret, copyright or other proprietary rights ("Rights") of any
party, or contributing to inducing or facilitating such infringement. This
prohibition shall include, without limitation, the following forms of software
piracy:
i. Making available copyrighted software or other Content
that has had the copyright protection removed.
ii. Making available serial numbers for software that can be
used to illegally validate or register software.
iii. Making available tools that can be used for no purpose
other than for "cracking" software or other copyrighted Content.
iv. Making available any software files for which the user
does not own the copyright or have the legal right to make available;
(p) Upload, post, email, otherwise transmit, or post links
to any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
(q) Use any software deployed in connection with the
Products and Services to process data as a service to other entities without
the express written consent of LANKA-WEB.COM or the party from whom such
software may be licensed.
(r) Upload, post or otherwise transmit or provide links to
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(s) Disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of any Products and Services are
able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
(t) Interfere with or disrupt the Products and Services or
servers or networks connected to the Products and Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Products and Services;
(u) Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by any Securities and Exchange Commission or similar
body, and any regulations having the force of law.
(v) "Stalk" or otherwise harass another;
(w) You may not collect , process or store the
(personal)data of third parties that have been disclosed on the Website,
including but not limited to, e-mail addresses of users of the Products and
Services. This means it is, inter alia, prohibited to:
a. initiate any form of (unsolicited) commercial
communication via e-mail, fax, SMS, MMS, regular mail or otherwise with users
of the Services and Products, that is directly or indirectly promoting goods,
services or the image of an enterprise, organization or person;
b. initiate any other form of unsolicited communication;
c. process e-mail addresses of users of the Products and
Services, for instance by using search engines or spiders, of users of the
Products and Services for any purpose whatsoever.
(x) Promote or provide instructional information about
illegal activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals;
(y) Decompile, disassemble, modify, translate, adapt,
reverse engineer, create derivative works from, or sublicense any software
deployed in connection with the Products and Services.
10. LANKA-WEB.COM Code Usage Limitations
The Products and Services and LANKA-WEB.COM code provided
for use by Members are, and remain, copyrighted material/property of
LANKA-WEB.COM. LANKA-WEB.COM grants you a limited license to modify our service
codes in 5 specific ways:
1. You may modify the text and color displayed in the
service to match those of your web pages.
2. You may modify images appearing in the service, where
applicable.
3. You may modify the dimensions (height and width) that
services are displayed in, as long as the service remains visible.
4. You may modify the buttons provided by LANKA-WEB.COM that
link to the services, in order to match your site.
5. You may replace the buttons provided by LANKA-WEB.COM
that link to the services, in order to match your site, as long as each button
conforms to the usage guidelines outlined in the Terms of Service.
You may not modify any other portion of the Products and
Services and LANKA-WEB.COM code, including but not limited to advertising
script, service copy/paste codes or any other LANKA-WEB.COM code, in any
manner, for any reason whatsoever.
11. Account Termination.
Use of the Products and Services is subject to compliance
with these Terms of Service. You acknowledge and agree that LANKA-WEB.COM may
terminate your account and your access to any of the Products and Services, and
may remove and discard any Content, without prior notice, anytime, especially
should you fail to comply with the Terms of Service or any other guidelines and
rules published by LANKA-WEB.COM. Any such termination shall be in
LANKA-WEB.COM's sole discretion and may occur without any notice. LANKA-WEB.COM
further reserves the right to terminate any user's account or access to the
Products and Services for any conduct that LANKA-WEB.COM, in its sole
discretion, believes is or may be directly or indirectly harmful to other users,
to LANKA-WEB.COM or its subsidiaries, affiliates, or business contractors, or
to other third parties, or for any conduct that violates any local, state,
federal, or foreign laws or regulations. LANKA-WEB.COM further reserves the
right to terminate any user's account if there is no evident activity.
LANKA-WEB.COM further reserves the right to terminate any user's account and
access to the Products and Services, and to remove and discard any Content, for
any reason or for no reason at all, in LANKA-WEB.COM's sole discretion, without
prior notice, or any notice.
In the event LANKA-WEB.COM terminates a user's account for
violating the Terms of Service, or for inactivity, and that user is a paid
member of LANKA-WEB.COM, that user's payment is not refundable.
All mailings sent to you by www.Lanka-web.com.com are opt-in
emails activated and authorized by you either through subscription or as a
mandatory component of your membership in LANKA-WEB.COM. All subscribed mailing
lists have a link at the bottom to allow you to unsubscribe from that mailing
list if you wish. Other mailings are mandatory and are conditional of your
membership with LANKA-WEB.COM.com. If you report any of these mailings or
service notification emails, (which you have the control to turn off yourself),
as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate
your LANKA-WEB.COM account.
12. Service and Member Account Upkeep.
As the Registered Owners of our services, LANKA-WEB.COM
members are required to maintain their Registered Services and keep them within
the guidelines set forth here in the Terms of Service. Failure to do so will
result in Account Termination, at LANKA-WEB.COM's sole discretion.
13. Member Email lists.
By registering a LANKA-WEB.COM account, you agree to
subscribe to our Members Update and Special Offers mailing lists. These lists
may contain third-party sponsorships.
Maintaining a working subscription to our regularly sent
Members Update Newsletter is Mandatory for all LANKA-WEB.COM Members. If you
wish to no longer receive the Members Update Newsletter, delete your Member
account and services. Other lists subscriptions are completely optional and may
contain third-party endorsements.
14. Cookies.
Use of the Products and Services requires that you accept
all cookies in order to activate special Web features and security mechanisms,
and to enhance Web site performance. While your browser may allow you to
"reject" cookies, the Products and Services may require that you
accept all cookies in order for its features and security mechanisms to
function fully. Deleting, removing or preventing LANKA-WEB.COM cookies from
being properly written to your computer may result in adverse affects on your
use of the Products and Services. A "cookie" is an electronic note
created by a web site and stored on your computer. By using the Products and
Services, you authorize LANKA-WEB.COM's use of cookies.
15. Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, LANKA-WEB.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE
FULLEST EXTENT PERMITTED BY LAW, LANKA-WEB.COM DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND
SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND
SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
LANKA-WEB.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND
SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LANKA-WEB.COM
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. LANKA-WEB.COM DISCLAIMS
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL. LANKA-WEB.COM DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR
ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. LANKA-WEB.COM MAKES NO WARRANTY REGARDING THE RELIABILITY
OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OR
OTHERWISE OBTAIN OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied
warranties. In such jurisdictions, the foregoing disclaimers may not apply to
you insofar as they relate to implied warranties.
16. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES SHALL LANKA-WEB.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE
ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO
PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LANKA-WEB.COM OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND
THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE lanka-web.com OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE lanka-web.com,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE lanka-web.com OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE
lakna-web.com. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF
THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR
IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO
LANKA-WEB.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP,
OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID
LANKA-WEB.COM MEMBERS, LANKA-WEB.COM'S ENTIRE LIABILITY, IF ANY, SHALL NOT
EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO
CIRCUMSTANCES SHALL LANKA-WEB.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY
OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE,
FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR
DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR
MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF
THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL LANKA-WEB.COM BE RESPONSIBLE FOR
ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES,
AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO
CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation may not apply to
you.
17. Indemnification.
By using the Products and Services you agree to indemnify
LANKA-WEB.COM and its officers, employees, and licensors and hold them harmless
from any and all claims and expenses, including attorney's fees, arising from
your use of the Products and Services, or from any person's use of any account
or password you maintain with any of the Products and Services, regardless of
whether such use is authorized by you. By using the Products and Services, you
are hereby agreeing to release LANKA-WEB.COM and its officers, employees, and
licensors from any and all claims, demands, debts, obligations, damages (actual
or consequential), costs, and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected, disclosed or undisclosed,
that you may have against them arising out of or in any way related to such
disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL
LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
18. Governing Law.
This agreement shall be governed by and in accordance with
USA law and that disputes arising in connection with LANKA-WEB.COM shall be
resolved exclusively by the competent courts in Connecticut, The United States.
Each party is specifically prohibited from bringing any action arising from or
related to this agreement other than Connecticut.
19. Usage of LANKA-WEB.COM Servers.
LANKA-WEB.COM servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data, or material in
violation of any applicable law or regulation is prohibited. This includes, but
is not limited to: copyrighted material; trademarks; trade secrets or other
intellectual property rights used without proper authorization; material that
is obscene, defamatory, constitutes an illegal threat, or violates export
control laws.
20. LANKA-WEB.COM Network Security
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, probing, or scanning of
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, broadcast attacks;
forging of any TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
21. CPU Usage.
LANKA-WEB.COM Members shall not use excessive amounts of CPU
processing on any of LANKA-WEB.COM's servers. Any violation of this policy may
result in corrective action by LANKA-WEB.COM, including assessment of
additional charges, disconnection or discontinuance of any and all Products and
Services, termination of this Agreement, as well as the deletion of any
Content, which actions may be taken in LANKA-WEB.COM's sole and absolute
discretion. If LANKA-WEB.COM takes any corrective action under this section,
the Member shall not be entitled to a refund of any fees paid in advance prior
to such action.
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