Terms of Service
You may view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Content
All services provided by Vishmitha may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America & Sri Lanka apply.
The customer agrees to indemnify and hold harmless Vishmitha from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse [at] Vishmitha.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.
Proxy hosting is not allowed on our servers.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket / email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse [at] Vishmitha.com and we will be happy to assist you.
Adult content is allowed as long as it's legal in the United States of America
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read mailpolicy for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Vishmitha reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Vishmitha reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Vishmitha.
4.) Payment Information
You agree to supply appropriate payment for the services received from Vishmitha, in advance of the time period during which such services are provided. You agree that until and unless you notify Vishmitha of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Vishmitha, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Vishmitha provides a 5 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 5 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. If invoices are not paid after 21 days the account may be terminated and all files may be deleted.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales [at] Vishmitha.com
Vishmitha reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Cancellation
Subscribers must notify Vishmitha in writing via requesting cancellation from client area when they wish to cancel their account. Cancellation must be initiated at least 5 days before the cancellation date and this must be at least 5 days prior to the next invoice date or the client will be billed for the next month.
If you wish to cancel your account , you must follow the steps below.
Login to client area.
Click on My Hosting Packages
Click on View Details for the package that you want to cancel
Now scroll the page to the bottom & click on Request Cancellation
We will contact you and will cancel your account
Vishmitha reserves the right to cancel / suspend / terminate any account for any reason at any time.
6.) Refunds
Vishmitha gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
2checkout
Moneybookers
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Backups & Data Loss
Your use of the service is at your sole risk. Vishmitha is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Vishmitha servers. Vishmitha makes daily backups, but you should still keep a backup of your content on your local machine.
8.) Customer Abuse
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
9.) Public feedback
We have a zero tolerance policy for posting negative feedback on any public location about our company and/or our employees before submitting a ticket to our sales / technical support department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our sales department first. For example, if you are the type of person to run to the forums at the first chance you get to complain, please do not sign up with us.
10a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
10b.) INODES
The use of more than 50,000 in odes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a web page, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our in ode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive in odes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our in ode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
11.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
12a.) Money back Guarantee
On dedicated servers and virtual private servers no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of Vishmitha's managed shared and reseller plans carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
12b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.5% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Vishmitha dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales [at] Vishmitha.com with justification. All requests must be made in writing via email / support tickets. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
13.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Vishmitha harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Vishmitha, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Vishmitha against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Vishmitha; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Vishmitha's server.
14b.) Arbitration
By using any Vishmitha services, you agree to binding arbitration. If any disputes or claims arise against Vishmitha or its subsidiaries, such disputes will be handled by an arbitrator of Vishmitha 's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
Vishmitha shall not be responsible for any damages your business may suffer. Vishmitha makes no warranties of any kind, expressed or implied for services we provide. Vishmitha disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Vishmitha and its employees.
16.) Disclosure to law enforcement
Vishmitha may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17.) Changes to the Terms
Vishmitha reserves the right to revise its policies at any time without notice.