TERMS & CONDITIONS

Special Conditions of Hostingcub Product and Service

The following special terms and conditions shall be applicable for Hostingcub.com services
and products in addition to the General Terms and Conditions stated below and the
information published in the SLT website.

TERMS & CONDITIONS FOR THE PROVISION OF HOSTING SERVICE

• 01. Hosting Services.

  1.1 SLT will provide Customer with the service of hosting a website of the Customer in
  accordance with the features and functionalities of the package selected by the
  Customer (hereinafter referred as “Website”) on the World Wide Web portion of the
  Internet on a server (hereinafter referred as the “Host Server”) which will be located
  in a restricted area of the Internet Data Center of SLT. (iDC) so that the Website is
  accessible to third parties via the World Wide Web portion of the Internet as
  morefully described herein (herein after referred to as ‘Shared Web Hosting
  Service’).

  1.2 Web Hosting Service shall be provided either as (i) Shared Web Hosting Service, (ii)
  both Shared Web Hosting Service and Data Base Hosting Services or (iii) Virtual
  Private Server (VPS) hosting Service.

  1.3 SLT is responsible only for providing the Shared Web Hosting Services and VPS
  service, and not for providing any services or performing any tasks not specifically
  described in this Agreement. Customer may do Data Base Hosting if he opts to obtain
  the service item (ii) above.

  1.4 SLT will maintain only the System backup and will not take, retain or archive any
  backup of individual customer.

  1.5 For the purpose of this Agreement the (i) Shared Web Hosting Service, (ii) Shared
  Web Hosting Service with facility for the customer to enable Data Base Hosting
  Services or (iii) Virtual Private Server (VPS) hosting Service and Additional Services
  together shall be called the “Services”.

• 2. Customer Responsibilities.
  2.1 Customer shall provide SLT with a duly registered domain name and keep the same
  in force during the tenure of this Agreement.

  2.2 Customer shall absolve SLT of inter alia repercussions of expiration of Domain
  Name Registration and any loss or unavailability of Website or loss of data or
  content caused due to expiration of the Domain Name.

  2.3 The Customer Content shall be properly adapted and translated by Customer for
  posting to the Host Server so that the Website may be accessed via the Internet.

  2.4 Throughout the Term of this Agreement, Customer is solely responsible for all
  updates or modifications to the Customer Content.

  2.5 The Customer shall abide by the currently applicable Acceptable Use Policy
  morefully posted under the IDC Website.

  2.6 The Customer shall be solely responsible for Customer Content and keep SLT
  indemnified of its use, accuracy, Intellectual Property Rights and all third party claims
  on such Customer Content.

  2.7 Customer shall take real time, retain and archive its own backups and SLT shall not
  be responsible for the loss of Customers data.

• 3. SLT Responsibilities.
  
  3.1 On a date (the “Installation Date”) within a reasonable time of its receipt of the
  Customer Content, SLT will make the Website available on the World Wide Web.
  Thereafter, SLT will use commercially reasonable efforts, within the context of the
  terms and conditions set forth in this Agreement, to make the Website accessible to
  third parties via the World Wide Web portion of the Internet twenty-four (24) hours a
  day, seven (7) days a week, except for scheduled maintenance and required repairs.
• 4. Billing and Payment Terms.
  4.1 Billing

  4.2 Customer shall pay the fees (“Fees”) set forth in the invoice within thirty (30) days
  from the date of each invoice. Shared hosting packages invoices shall be settled annually. Other
  invoices shall be settled on a monthly basis / Annual basis as selected by the Customer.
  Late Payment.

  Customer’s failure to pay any Fees upon due dates shall be a material breach of this
  Agreement, and SLT may, in addition to any rights available to it under the terms
  herein or law or in equity, do any or all of the following;

  (i) charge interest at the rate of two per centum (2%) per month on the Fees that
  remain unpaid up to the date of complete payment;

  (ii) suspend providing the Services, and terminate the Agreement without penalty,
  subject to (iv) below;

  (iii) require future payments hereunder to be made in advance of Services being
  rendered by SLT.

  (iv) Any suspension or termination of Services will not relieve Customer from the
  obligation to pay the Fees due for the Services already rendered. In the event of
  collection enforcement, Customer shall be liable to pay any costs associated with
  such collection, including, but not limited to, legal costs, attorneys’ fees, and
  collection agency fees.

• 4.3 Taxes.

  Customer shall pay or reimburse SLT of all sales, use, transfer, privilege, excise,
  levies and all other taxes, levies and all duties, whether international, national, state
  or local, however designated, which are levied or imposed by reason of the
  performance by SLT under this Agreement; excluding, however, income taxes on
  profits which may be levied against SLT.

• 5. Warranties
  5.1 Customer.

  5.1.1 Customer represents and warrants that;

  (a) Customer has the power and authority to enter into and fully perform its
  obligations under this Agreement and to grant the rights granted in this
  Agreement;

  (b) The content, material, messages and data transmitted or made available through
  the Services (including Customer Content) does not contain material that is
  inaccurate or that violates any applicable law, rule or regulation or public policy.

  (c) The content, material, messages and data transmitted or made available through
  the Services (including Customer Content) does not infringe any common law or
  statutory right of any person or entity, including, without limitation, any
  proprietary, contract, moral, privacy or publicity right, copyright, patent,
  trademark, trade secret, or any other third party right,

  (d) That Customer owns the Customer Content or otherwise has the right to post the
  Customer Content on the Website.

  (e) The content, material, messages and data transmitted or made available through
  the Services (including Customer Content) do not contain any material that, in
  SLT’s good faith and judgment, is obscene, threatening, malicious, defamatory,
  libelous, slanderous, pornographic or otherwise expose SLT to civil or criminal
  liability.

  (f) Customer has obtained any and all authorization(s) necessary for hypertext links
  from the Website to other third party websites;

  (g) Customer will not resale any of the Services obtained under this Agreement;
  and

  (h) Customer will not use the Services to send unsolicited e-mails, or engage in any
  other offensive or harassing or disturbing conduct, or conduct that unreasonably
  interferes with SLT’s ability to manage its network facilities or provide similar
  services to other customers.

• 5.1.2 In addition to any other remedies set forth in this Agreement, SLT reserves the right
  to immediately remove from the Website, any material which violates any of the
  above warranties and/or to immediately suspend or disable any Services necessary to
  remedy any violation or potential violation of the above warranties.
• 5.2 SLT.
  SLT represents and warrants that
  (a) SLT has the authority to provide the Services
  (b) SLT has the legal right and title to the Host Server.
• 6 Term and Termination.
  6.1 The initial term (“Initial Term”) of this Agreement shall be one year, commencing
  from the date this Agreement is signed by both parties or the expiration of the
  registered domain name whichever comes earlier.

  6.2 After the expiry of the Initial Term, this Agreement shall continue in periods of One
  (1) year, unless either party delivers a notice of termination sixty (60) days prior to
  the end of the previous one (1) year period.

  6.3 The Customer may terminate this Agreement with sixty (60) days advance written
  notice to SLT, before the expiry of the Initial Term or within any subsequent period of
  one (1) year, either;

  (i) if there is a breach of a material provision of this agreement by SLT OR

  (ii) by paying to SLT all outstanding charges.

• 6.4 SLT may terminate this Agreement if the Customer fails to pay to SLT any monies
  due and/or payable to SLT hereunder and such payment remains outstanding for a
  period of thirty (30) days from the date of SLT’s Default Notice, subject to late
  payment rights under Clause 4.2.
  I/We do hereby agree to abide by the General Terms and Conditions stated below together
  with the Special Terms & Conditions for the Shared Web Hosting Service and those which
  may be enforced in future by Sri Lanka Telecom PLC (SLT)

  Special Conditions of Domain Name Registration Service
  The following special terms and conditions shall be applicable for the Domain Name
  Registration Service in addition to the General Terms and Conditions stated below and the
  information published in the SLT website.

  TERMS & CONDITIONS FOR THE PROVISION OF DOMAIN NAME
  REGISTRATION SERVICE

  1. Domain Name Registration.

  1.1 Upon Customer’s request, SLT will, use commercially reasonable efforts to register the
  domain name(s) selected by Customer provided that such domain name is available
  for registration and does not violate any InterNIC or other registration services’
  policies, or any law or regulation, subject to the payment of fees referred under Clause
  02 below. In failure to so register, SLT will register the Customer with inter NIC an
  alternative domain name chosen by the Customer.

  1.2 Any liability of whatsoever nature, arising out of or connected with the registration and
  use of a domain name shall be the sole responsibility of the Customer and the
  Customer shall indemnify and keep indemnified SLT of any liability, charge, cost or
  loss arising out of the registration or use of a domain name by the Customer.

  2. Billing and Payment Terms.
  2.1 Customer shall settle the Fees prevailing at the time of the Agreement or the renewal
  as the case may be in advance, within 30 days from the date of invoice together with
  all applicable taxes and levies.

  2.2 In the event the Customer does not settle the renewal Fees during the time specified
  in the renewal notice, the registered Domain Name will be cancelled.

  2.3 The Fees paid hereunder shall not be refunded for any reason whatsoever. Even if the
  Customer makes advance payments for future periods for which the Customer does
  not obtain the Service due to subsequent matters, SLT shall not refund the payments
  for the unutilized period.

  2.4 Cost shall be quoted by SLT in Sri Lankan Rupees and the same shall be settled by
  the Customer in Sri Lankan Rupees. SLT may revise the package prices from time to
  time and the Customer shall settle the payments at the then prevailing rates.

• 3. Term and Termination

  3.1 The period of this Agreement shall be a period of One (01) year from the date of
  Registration of the Domain name.
  3.2 This Agreement will automatically expire on the completion of a One year period
  unless renewed for a further period of One year subject to 2.2 above.

• 4. Reconnection

  4.1 In the event this Agreement expires due to non-renewal by the Customer, Customer
  shall absolve SLT of any loss or damage suffered by the Customer by loss of data, loss
  of opportunity including inability to continue with any other Service provided by SLT
  and loss of business.

  4.2 SLT has no responsibility to provide reconnection services for the same domain
  name after the expiration of existing domain name.

  4.3 In the event of SLT providing renewed Domain Name Registered Services after
  the expiration of a registered domain name, the domain name renewal service shall
  be provided at the Fee prevailing at the time of the new service provision. If the
  Customer obtains a new domain name, the required configurations shall be attended
  to by the Customer

  I/We do hereby agree to abide by the General Terms and Conditions stated below together
  with the Special Terms & Conditions for the Domain Name Registration Service and those
  which may be enforced in future by Sri Lanka Telecom PLC (SLT).

  General Conditions of Service
  The following Terms and Conditions shall be applicable for the Shared Web Hosting Service
  and the Domain Name Registration Service in general.
  General Terms & Conditions for the Provision of Shared Web Hosting Service and the
  Domain Name Registration Service
  Sri Lanka Telecom PLC (hereinafter called "SLT") shall provide the Shared Web Hosting
  Service and/or the Domain Name Registration Service as requested by the Customer
  (hereinafter sometimes individually or collectively referred to as ‘Service) and the Customer
  shall obtain and continue to use the same subject to the “Terms and Conditions" stated herein
  as amended from time to time by regulations published under relevant legislation.
  These terms serve as guidelines in addition to the information published in the SLT website.
  Continued usage of the Service by the Customer shall be construed as adherence to all such
  terms

  1. Provision of Service
  SLT provides the Customer with Shared Web Hosting Service, VPS service, and the
  Domain Name Registration Service for the period agreed hereunder.
  2. Indemnity
  The Customer shall indemnify and hold harmless SLT against any claim, action,
  demand, expense, loss or other liabilities whatsoever which may arise as a result of
  inter alia the Customer’s negligence and/or omission and/or failure to fulfill the
  Customer’s obligations under this Agreement, including but not limited to the
  infringement or alleged infringement by the Customer of any intellectual property
  rights arising out of the use of the Service, the use of the Service by the Customer
  for illegal or immoral purposes or for the transmission and/or introduction of harmful
  computer viruses or programmes into inter alia telecommunication networks, computer
  systems, computers and computer apparatus, any unauthorized use of the Service and
  the violation of any applicable laws and regulations by the Customer.
  3. Exclusion of Liability
  The Customer shall have no claim for damages consequential or otherwise or any
  other claim whatsoever against SLT on account of loss of revenue, loss of data,
  opportunity or business or any other basis, either for itself or for any third party,
  consequent to the suspension, removal, disconnection, expiration or termination of
  the Service provided by SLT

  4. DISCLAIMER
  SLT SHALL NOT, UNDER ANY CIRCUMSTANCE WHATSOEVER, BE

  LIABLE TO THE CUSTOMER FOR ANY LOSS OR DAMAGE SUSTAINED
  DIRECTLY OR INDIRECTLY BY THE CUSTOMER OR ITS CUSTOMER(S),
  LICENSEES OR AGENTS AND OTHERS HOLDING UNDER THE CUSTOMER,
  DUE TO THE REASON OF THE FAILURE OF THE CUSTOMER TO MAINTAIN
  ITS NETWORK IN PROPER ORDER, FREE FROM COMPUTER VIRUSES OR
  HARMFUL PROGRAMMES BEING INTRODUCED OR BEEN LET INTO/OR
  TRANSMITTED EITHER THROUGH THE USE OF AN APPARATUS OR
  OTHERWISE INTO A TELECOMMUNICATION NETWORK WHILE THE USE
  OF SLT SERVICE OR FOR ANY LOSS OF CUSTOMER DATA OR . SLT
  SHALL ALSO NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY
  THE CUSTOMER DUE TO REASON OF FAILURE, BREAKDOWN OR
  INTERRUPTION OF THE SERVICE WHATSOEVER, NOTWITHSTANDING
  THE CAUSE OF SUCH FAILURE, BREAKDOWN OR INTERRUPTION OF THE
  SERVICE AND HOWEVER LONG IT SHALL LAST. FURTHER, IN NO EVENT
  SHALL SLT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR LOST
  PROFITS, LOST DATA, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
  PUNITIVE DAMAGES, HOWSOEVER ARISING OUT OF OR RELATED TO
  THIS AGREEMENT REGARDLESS OF THE BASIS OF THE CLAIM.
  FURTHERMORE, NO REDUCTION IN RATES OR OUTAGE CREDIT SHALL
  BE DUE TO THE CUSTOMER IN THE EVENT OF SUCH OCCURRENCES

  5. Intellectual Property Rights
  5.1 Customer IPR.
  5.1.1 As between SLT and Customer, Customer shall retain all right and interest, including,
  without limitation, all copyrights, trademarks, patents, trade secrets, and any other
  proprietary rights, in the all material provided by the Customer for the purpose of
  creating and/or maintaining and/or publishing the Website (referred to as “Customer
  Content”).
  5.1.2 Customer assumes sole responsibility for the accuracy of all Customer Content or
  other materials provided to SLT.
  5.1.3 Customer hereby grants SLT a non-exclusive, royalty-free license for the Term of this
  Agreement to use, copy, modify, adapt, perform, display and publish the Customer
  Content solely as necessary to fulfill its obligations pursuant to this Agreement.
  5.1.4 Upon termination or expiration of this Agreement for any reason whatsoever, all
  rights granted to SLT pursuant to this Section 5.1.3 shall immediately revert to
  Customer and SLT shall destroy, and Customer Content shared with SLT by the
  Customer.
  5.2 SLT IPR.
  5.2.1 SLT retains all rights to the Hosting Services and any computer hardware, software,

  or other equipment, including the Host Server, its operating system and web service
  used to provide the Hosting Services (collectively, the “SLT Equipment”). At no time
  shall Customer have any ownership, property, or any other rights in, nor a claim or
  lien on, any of the Hosting Services or the SLT Equipment.

  5.2.2 The Customer acknowledges that all the intellectual property in relation to this
  Service belongs to SLT and the Customer shall not misuse, modify, reverse engineer,
  decompile or dissemble any software used by SLT in provisioning the Service.

  5.2.3 All intellectual property rights of SLT including but not limited to the product,
  packages, SLT trade name, brand name/images shall remain with SLT.

  6. Notice.

  6.1 Any notice required to be given to SLT with regard to Shared Web Hosting Service
  shall be given in writing to the Deputy General Manager – SME PD, Sri Lanka
  Telecom PLC, Lotus Road, Colombo 1 or on Facsimile No: + 94 11 2389389 or to
  the e-mail address bizsolutions@slt.lk  or the website https://bizleads.slt.lk/

  6.2 Any notice required to be given to SLT with regard to Domain Name Registration
  Service shall be given in writing to the Deputy General Manager – ISP Operations, Sri
  Lanka Telecom PLC, Lotus Road, Colombo 1 or on Facsimile No: +94 11 2322 622 or
  to the e-mail address nwadmin@slt.lk.

  6.2 Any notice required to be given to the Customer shall be given to the person named
  under item 2.0 – Contact Information in the Shared Web Hosting and Domain Name
  Registration Services application form, which shall be an integral part hereof.

  6.3 Any notice so given shall be deemed to have been duly given if sent as stated above
  (i) if delivered by hand, upon receipt thereof, (ii) if sent by Registered Post, Three
  (03) working days after posting (iii) if sent by facsimile transmission, upon electronic
  confirmation thereof.

• 7. Confidentiality

  7.1 The Customer hereby undertakes to SLT, that the Customer will keep in the strictest
  confidence, except where disclosure is required by law, any confidential or
  proprietary information or intellectual property of any nature belonging to SLT
  which may come into the Customer’s possession or to the Customer’s knowledge
  during the Customer’s association with SLT, except where the prior written consent of
  SLT is obtained.
  7.2 The Customer expressly consent to SLT, that the customer data including its personal
  data can be used by SLT for the provision of the Service hereunder either using the
  said data within the country or outside the country of Sri Lanka.

• 8. Injunctive Relieves

  8.1 The Customer acknowledges that in the event of breach or alleged breach or an
  imminent threat of an breach of this Agreement or conditions under Confidentiality
  Clause, SLT shall be entitled to seek injunctive relieves and other relieves ordering
  the Customer of specific performance of such terms.
  8.2 The Customer hereby consents to the entry of such order and such injunctive relief and
  waives off any requirement of making a bond as a condition of obtaining such relief.
  8.3 The right to injunction and specific performance is cumulative and in addition to all
  other legal and equitable rights and remedies SLT may have under this Agreement.

• 9. NO OTHER WARRANTY.

  OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN THIS
  AGREEMENT ANY EQUIPMENT PROVIDED (INCLUDING, WITHOUT
  LIMITATION, THE SLT EQUIPMENT) AND ALL SERVICES PERFORMED
  PURSUANT TO THIS AGREEMENT ARE PROVIDED AND PERFORMED ON
  AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS
  OWN RISK. SLT DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL OTHER
  WARRANTIES, MARCHANTABILITY AND FITNESS FOR A PARTICULAR
  PURPOSE. SLT DOES NOT WARRANT THAT THE SERVICES PROVIDED
  HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
  SECURE.

  10. Force Majeure

  SLT shall not have any liability whatsoever or be deemed to be in default for any
  delay or failure in performance of SLT’s obligations resulting from acts beyond the
  control of SLT, including without limitation, acts of God, acts or regulations of any
  governmental or supra-national authority, war, terrorist activities or national
  emergency, accident, fire, lightning, riot, civil commotion, explosions, strikes,
  Lockouts, industrial disputes (whether or not involving SLT's employees) or
  epidemics. However, force majeure shall not include insufficiency of funds or failure
  to make any payment required under this Agreement.

  13. Termination

  Further to the Clause 09 of the Web Hosting Agreement and Clause 03 of the
  Domain Name Registration Agreement hereunder, SLT shall be entitled to terminate
  these presence if;
  (i) The Customer fails to perform or commits a breach of the Customer’s obligations
  hereunder or is found to be in breach of the Customer’s warranties and/or
  representations hereunder

  (ii) The Customer enters into liquidation or compounds with the Customer’s
  creditors or suffers any similar action in consequence of debt.
  (iii) The Customer is ordered or directed to cease or suspend its operations or
  activities under these presence or within the context of these presence.
  (iv) Upon receipt of regulatory orders or instructions from a state body to that effect
  (v) If the Customer uses the Services for illegal or immoral activities or criminal
  action has been taken or is in the process of being taken against the Customer
  against the manner of using any part of the Services
  (vi) If the Customer’s agreement with any other person or body of persons, either
  regulatory or otherwise, either in this country or abroad, is determined or any
  person whose consent is required for the effective operation of the Service
  withdraws such consent

  14. Miscellaneous.

  14.1 Publicity
  SLT may use the name and identify of the Customer as a SLT Customer, in
  advertising, publicity, or similar materials distributed or displayed to prospective
  Customers without further notification to the Customer.
  14.2 Relationship
  SLT and its personnel, in the performance of this Agreement, are acting as
  independent contractors and not employees or agents of Customer. The provisions
  hereof shall not be construed to interpret the Customer as the agent or employee of
  SLT.
  14.3 Amendments
  No amendment, change, waiver, or discharge hereof shall be valid unless it is in
  writing and signed by the authorized signatories of both parties.
  14.4 Governing Law and Dispute Resolution
  This Agreement shall be governed by the laws of the Democratic Socialist Republic
  of Sri Lanka and any dispute be settled by Courts of Sri Lanka, and any disputes
  arising therefrom shall be subject to the exclusive jurisdiction of the High Court of
  the Western Province exercising Civil (Commercial) jurisdiction at Colombo or the
  District Court of Colombo in the said Democratic Socialist Republic of Sri Lanka.
  14.5 Assignment

  Customer shall not assign, without the prior written consent of SLT, its rights,
  duties or obligations under this Agreement to any person or entity, in whole or in part.

• 14.6 Waiver
  The waiver or failure of either party to exercise any right provided for herein shall
  not be deemed a waiver of any further right hereunder.