This is an agreement between You (Hereafter ‘Account Holder') and NETDUKES Internet Solutions, Sri Lanka , for itself and on behalf of its affiliates (Hereafter ‘NETDUKES') regarding your use of NETDUKES's computers, interactive information, communication and server management, solutions, networking solutions, services related to hosting one or more websites (Hereafter ‘Services').

Netdukes reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, ANY OTHER SERVICE/SERVICES YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT OR/AND ANY OTHER SERVICE/SERVICES.

TERM COMMENCEMENT
This agreement (Hereafter ‘Agreement') becomes effective when Account Holder inputs subscriber information, registers and activates their account, upon use of Service/Services.

PAYMENTS
Netdukes reserves the right to require a security deposit prior to provisioning Service. All installation fees and non-recurring charges, along with the first month's service fees, shall be due and payable within 14 days of invoice date.

Accounts that are past due by more than fifteen (15) days will be suspended, but files will not be removed. NETDUKES will reactivate the account after receiving all the pending fees. Accounts that are past due by more than forty-five (45) days will be terminated and all files removed from the system. Reactivation of a terminated or canceled account for any reason may require the payment of additional installation charges and is subject to the availability of facilities & NETDUKES is not responsible for the removed or deleted files. If the subscriber fails to pay for any reason, NETDUKES reserves the right to solicit the services of a Collection Agency. All inquiries regarding payment or your account should be directed to billing@netdukes.com

PRICE CHANGES
During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services hereunder. NETDUKES, however, reserves the right, without prior notice, after such Initial Term, to change the prices charged to the Account Holder for the services provided by NETDUKES. Upon renewal, the prices charged may be changed to the then prevailing price for the Services.

TAXES
Account Holder shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement.

DOMAIN REGISTRATION
Netdukes registers domain names through a third party domain registration provider.

WEB HOSTING PLANS
All Web Hosting plans include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus set-up fees and overage charges) if you cancel your account within 30 days of account activation. Accounts cancelled/terminated by NETDUKES for violation of Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

ACCOUNT CANCELLATION
All requests for canceling any service / services must be sent to admin@netdukes.com with reason for cancel account. NETDUKES will not take any fees for remove your accounts.

UPTIME GUARANTEE
All Packages Include 99.9% uptime guarantee. But Guarantee credit does not cover scheduled downtime.

Here is Guarantee credit refund chart: 94% or low uptime you will get 100% refund Monthly payments. 94 - 96% you will get 50% of monthly payments. 96-99.9% you will get 20% of Monthly payments.

ACCEPTABLE USE POLICY
All services provided by NETDUKES may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any 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 NETDUKES and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.

Pornography is prohibited on all NETDUKES servers. This includes sites that include sexually explicit or hardcore images and/or advertising. We do not host adult content of any description. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. NETDUKES reserves the right to determine what is and what isn't acceptable for our servers.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. . Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions.

Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

COMMERCIAL ADVERTISING - EMAIL
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

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.

SERVER RESOURCES
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level. NETDUKES shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity immediate deactivation of services without prior notice.

CGI SCRIPTS
CGI script sharing with domains not hosted by NETDUKES is not permitted. Any CGI-scripts deemed to be adversely affectingserver performance or network integrity will be shut down without prior notice. If you Going To use CGI Please contact us because use it.

CHAT ROOMS
NETDUKES does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, NETDUKES provides Java chat rooms that meet most users' needs andrun without hindering system performance. If you Going To use Chat rooms Please contact us before use it.

BACKGROUND RUNNING PROGRAMS AND CRON JOBS
NETDUKES may allow programs to run in the background. These programs will beconsidered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact NETDUKES at support@netdukes.com so that we can arrange set-up.

IRC
Netdukes does not allow IRC or IRC bots to be operated on our servers.

FORMMAIL
Due to known security issues with all versions of Matt Wright's FORMMAIL form-to-e-mail script we do not allow it. We do provide a version in the system wide cgi-bin that works exactly the same and doesn't have the security issues. If you want FORMMAIL then contact support you will get good PHP FORMMAIL.

SERVER ABUSE
Any attempts to undermine or cause harm to a Netdukes server or customer are strictly prohibited.

SOFTWARE DISTRIBUTION
NETDUKES 's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@netdukes.com to make special arrangements.

MULTIMEDIA FILES
Multimedia files are defined as any graphics, audio, and video files. NETDUKES Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

LIMITATION OF LIABILITY NETDUKES shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from NETDUKES servers going off-line or being unavailable for any reason whatsoever. Furthermore, NETDUKES shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of NETDUKES servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@netdukes.com. All complaints will be investigated promptly.

DISCLAIMER NETDUKES cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by NETDUKES are resold. Thus, certain equipment, routing, software, and programming used by NETDUKES are not directly owned or written by NETDUKES. Moreover, NETDUKES holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as NETDUKES sees fit. FURTHERMORE, NETDUKES retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.