Effective from 01-OCT-2018
Terms Of Services
- While we facilitate your business on the Internet using 3rd party services, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services (“End Users”).
- GoDigital provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by GoDigital is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.
- Terms Specific to Domain Name Services
- We register domain names behalf of you. When you apply to register a domain name, your request is transmitted to LK Domain Registry (domains.lk) for Sri Lankan Domains or GoDaddy (www.Godaddy.com) for domains other than .LK. By using our Domain Name Services, you agree to be bound by domains LK domain name registration policies and procedures, so please read them. These policies and procedures are available at www.domains.lk for .LK Domains or www.godaddy.com for non .LK domains. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.
- It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.
- Terms That Apply to All Managed Hosting Services by Us.
- Our Hosting accounts are allocated bandwidth depending on the package we have chosen with our shared hosting provider A2hosting.com or GoDaddy.com. By using their server space you agree to be bound by a2hosting.com or Godaddy policies and procedures, so please read them. These policies and procedures are available at a2hosting.com or godaddy.com depending on your server allocated space.
- Whether you are customer or client, you agree to abide, and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies. All additional or different terms, representations, warranties or covenants than those included in these TOS or our other Policies, including those made about the capabilities of any Services by any third party, are specifically disclaimed. Further, such proposed additional or different terms shall be deemed a violation of the Terms of Service and could result in cancellation of your account.
- We do not have physical access to any of the A2hosting or Godaddy servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. GoDigital take no liability or guarantee the data lost, theft, malware attacks happened at server level and it’s part of TOS published by A2hosting or GoDaddy Servers .
- Enrollment; Account Information
- You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to GoDigital that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
- Account Information. You are required to provide us with accurate information when setting up your account with us. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
- You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. GoDigital is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
- You agree to give GoDigital permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
- Term of Agreement; Billing & Payment
- We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services in your invoice as initial Terms. If the invoice describing the Services does not contain an Initial Term, the Initial Term shall be one month.
- The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term” as mentioned in the invoice). If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:
- Submitting a cancellation at least one (30) days before the beginning of a Renewal Term through email.
- Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to [email protected]
- Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
- We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of GoDigital the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with any refund
- Post Termination. If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar (Rs. 15,000) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
- Use of services
- Your use of the Services is governed by these TOS, including our Policies. GoDigital provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access GoDigital Hosting’s network at a particular time, or that any data transmitted by GoDigital or our 3rd party hosting servers A2hosting.com or GoDaddy.com are accurate, error free, virus free, secure, or inoffensive.
- Data Backups
- You acknowledge that it is solely our decision to decide the data backup frequency and maintain copies of your data outside our 3rd party hosting services. GoDigital is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension. (vi) Duration of the backup. As a standard, we take weekly backup of all of our managed hosting services and their subject to above TOS.
- Licenses; Intellectual Property; Data Ownership
- Services performed or provided by GoDigital are as per the license terms of 3rd party services. The services you have purchased could be Intellectual property or need to be licensed for you to provide service to your end customer. It’s your sole responsibility to read and understand the license distribution policy when providing services to end customer and GoDigital will not take any responsibility due to problems caused by violating 3rd party licenses, re-use or Intellectual property and data ownership. We only grant you a license to use the Services and technology under the terms of 3rd party TOS, including their Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide and GoDigital as a service company will not use or take responsibility of violating 3rd party T&C.
- All right, title and interest in GoDigital technology shall remain with GoDigital, or GoDigital Client. You are not permitted to circumvent any devices designed to protect GoDigital, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology or resell without written permission of 3rd party service provider. GoDigital will not take any responsibility in this matters.
- THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO GoDigital), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by GoDigital, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. GoDigital does not represent or warrant that the Services are complete or free from defects or errors.
- GoDigital is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. GoDigital is not responsible for any loss of data, for any reason. GoDigital is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
- GoDigital is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by failure to keep web applications including plugins up to date by 3rd
- GoDigital SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to GoDigital shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
- Limitation of liability
- It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that GoDigital has no liability, of any sort, for content you or your customers access from the Internet.
- In no event shall GoDigital be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For the purposes of this paragraph only, the term “GoDigital” shall be interpreted to include GoDigital’s employees, agents, owners, directors, officers, and affiliates.
- Notwithstanding anything to the contrary contained in this policy, GoDigital shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies.
- IN NO EVENT WILL GoDigital LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY GoDigital FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
- GoDigital will not be held responsible for any: (i) force majeure events described, problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our 3rd rd parties Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, as per the third party hosting provider located at https://www.a2hosting.com/about/policies#Server-Maintenance-Policy or GoDaddy.com
- You agree to indemnify, defend, and hold harmless GoDigital and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from GoDigital personnel or authorize GoDigital personnel to conduct; (ii) any violation by you of these TOS or any of GoDigital Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us..
- GoDigital shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by GoDigital hereunder infringes any patent, copyright, or trademark in Sri Lanka or other countries . This indemnification provision is expressly limited to Services that are fully developed or owned by GoDigital. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, GoDigital shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying GoDigital promptly in writing of the claim and giving GoDigital full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in GoDigital opinion is likely to occur, GoDigital shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services.
- Compliance with Law
- Sri Lankan laws apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about Sri Lankan laws to ensure that your use of our services complies with these laws.
- We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion.
- Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
- Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the Sri Lanka, as if performed wholly within the country and without giving effect to the principles of conflicts of law.
- All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
- No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
- These TOS may be assigned by GoDigital. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
- In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall revised to reflect GoDigital intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
- The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only
- No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.
- The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only
Acceptable Use Policy
Thank you for your business. This is GoDigital, Inc.’s (“GoDgiital”, “we”, or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) GoDigital Pvt Ltd. is in the business of providing digital services mainly for SMBs including but not limited to webhosting, website design, accounting software, managed services etc. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time. The most recent version will always be posted here. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at:
- GoDigital Policies; Third Party Policies
This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you agree to pay any of our services by any type of payment method. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us.
You are bound by policies from third parties that provide services to you through GoDigital. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.
- Appropriate Use GoDgiital Services
Intellectual property rights are respected. As per the terms of Digital Millennium Copyright Act (DMCA), for the process to notify us regarding potential intellectual property rights infringement. You are required to comply with Sri Lankan and International laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.
- Prohibited Uses
Unsolicited commercial email, or SPAM, is prohibited. Our network or 3rd party services are not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP.
Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
- IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
- IP scanners, Bruteforce Programs/Scripts/Applications;
- Mail Bombers/Spam Scripts;
- File Dump/Mirror Scripts (similar to rapidshare);
- Anonymous or Bulk SMS Gateways;
- Websites or links to websites advocating human violence and hate crimes;
- Websites promoting illegal activities. or linking to other websites that promote
- illegal activities;selling, or otherwise disseminating, pornography or other erotic material,regardless of its literary merit;hosting adult thumbnail galleries/banner exchanges;
- lottery/gambling or chain letters, regardless of content, and regardless of your
- citizenship;advertising, advocating or operating High-Yield Interest Programs(HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank
- Debenture Trading Programs, or Related Sites;fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
- broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB,NBA, WWE, WWF, etc.) or television;
- cryptocurrency/bitcoin miners;
- impersonating another user or otherwise falsifying one’s user name in email,
- Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
- dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
- content that promotes or advocates human trafficking in any way shape or form as determined by GoDigital sole discretion, sites that promote prostitution, or escort services;
- network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);
- creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
- posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
- setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
Websites hosted on 3rd party servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, GoDigital Hosting’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States or Sri Lanka, as evidenced by a court order. As a hosting service provider, GoDigital is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States or Sri lanka deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.
- Network Stability.
3rd party network is designed to meet the anticipated needs of their customers, users, and their needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of their equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
- Monitoring of Communications.
- Child Pornography.
Our 3rd party takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
- Client Notification
In the event of a violation of any of our Policies, our Compliance Team will take commercially reasonable steps to notify you via email with relevant details about the alleged violation. Compliance with applicable Local laws, and court orders will also be taken into account when we respond to alleged violations.
- Contacting Us
We encourage you to contact us if you believe that someone has violated this AUP. To facilitate this contact, and ensure that important matters are responded to and addressed, we have designated specific channels for communicating with us. Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials. Nothing you send or communicate to us is confidential regardless of whether you claim that it is.
Please send all email correspondence to: admin(at)godigi.lk (replace “(at)” with “@”)