Agreement of Terms of Services
Other Policies and Agreements
Providing the Services to you, you also acknowledge the following policies which are also the part of this Agreement:
- Good Use Policy
- Policy on Data Request
- Privacy Policy Additional terms may be given to some Services and are applied to such agreements as necessary.
Account Eligibility
By registering, or use of the Services, you acknowledge that:
- You are eighteen (18) and above. It is for users of eighteen (18) years and above. The usage by persons below the age of eighteen (18) is an unauthorized usage and breaches this Agreement.
- Any Service accessed through your account is at your discretion, and in the event that you access the Services on behalf of a third party, you accept that you are in a position to binding them to this Agreement and representing them.
This is your duty to give information when registering that are valid and current such as an email address other than your domain. It is information that we can check at any time. Inaccurate or obsolete contact information may lead to failures in delivering service, such as domain registration lapse. Contact our support team on our support system or email in case of any changes needed. Giving incorrect data can lead to account cancellation. Personal purchases might require showing government-issued ID, and / or credit card scan. Otherwise your order can be rejected.
It is entirely your responsibility to keep safe and secure your password and other information relating to your account as well as all the activity attributed to your account.
Hoster21 Content
Hoster21 or its licensors own all the content of a user accessible through our Services, except User Content. Such is the content of designs, words, graphics, images, videos, software, etc. (“Hoster21 Content”). Hoster21 Content can not be altered, reproduced, distributed or exploited without permission. Any act taken to use HHoster21 Content, without permission shall lead to termination of the rights to the use of the Services. Reserved rights Hoster21 and its licensors reserve all rights not explicitly given.
User Content
Services will enable you to share your online material where you could upload, store, and distribute the content on your site (“User Content”). All User Content and activities in your websites are your sole responsibility. You and any other persons who post User Content expressly warrant to CornerEx as follows: Using CornerEx does not offer a free service or commodity to third-party rights, including no misinformation.
You give Hoster21 a freely commensurate, free-of-charge, non-exclusive right to use, reproduce, and distribute your User Content to the end of delivering the Services. Hoster21 does not pretend that it owns your User Content.
User Content is not monitored by us, although we might correct non-compliance with the terms of this Agreement including the removal or suspension of user content. Hoster21 does not bear the responsibility of any remedial measures undertaken.
HIPAA Disclaimer
Our Service does not satisfy the U.S. Health Insurance Portability and Accountability Act (HIPAA). It is your duty to have all relevant privacy and data protection legislation followed. You should not store any sensitive data, like medical or health-related information on our Services. Such data cannot be stored as this violates this Agreement and possibly termination of your account. Hoster21 is not a HIPAA Business Associate.
Some Services, 404 Error Page
Unless you set up a 404 error page, Hoster21 can put a default 404 error page on your web site and this can display adverts and other material. The setup of the 404 error page can always be altered. Hoster21 has the right to keep all earnings on such adverts.
Third Party products and Services
Third Party Providers: We also provide third-party products and services, and they are bound with terms and conditions of the provider. Hoster21 makes no guarantee of quality, availability, or accuracy of these third party products. You must take the risk when dealing with third-party providers.
Hoster21 as Reseller or Sublicensor: We can be a reseller or sublicensor of third party products. We do not have any control over development that renders such products obsolete. The problems relating to the third party products must be attended to by the manufacturer.
Third Party Websites: Our Services might contain a link to the websites of third parties. These sites and their contents are not under our responsibility. Entering third-party websites is your responsibility.
Prohibited Persons (Countries, Entities, And Individuals)
Our Services are export control laws and economic sanctions. Accessing our Services, you confirm that you do not engage in terrorism acts, weapons activities, or any other illegal activities that are forbidden in Pakistan. You will also not utilize our Services to relate to any country or territory indicted by sanctions.
Hoster21 Systems and Account Security
It is your responsibility to ensure that you have secured scripts/programs in your account and that you have strong passwords that are passworded. It is possible to deactivate your account in case of weak passwords. We can observe our systems on a security and compliance basis.
We can disable or terminate your account in case you are compromised. Account suspension or termination can also be due to continuous overusing of server resources.
Interoperability with the Services
You must make sure that your User Content and websites are in conformance with our changing systems. All User Content should be backed up by you, and Hoster21 does not warrant that your data will never get lost.
Billings and Payment Details
Prepayment: All the payment information should be correct and up-to-date and Services should be paid beforehand.
Autorenewal: We may renew your Services automatically by creating a new order charging your stored payment method unless you notify us in time that you do not want the Services to be automatically renewed.
Advance account: We will debit your account credit balance. In case the balance is not that sufficient, orders might not be carried out.
Taxes: All the taxes are to be paid by you. Fees are non-refundable otherwise mentioned.
Late Payment or Non-Payment: Late payment or non-payment can lead to suspension or termination of service. There is a possibility that, when payment is not made, dedicated servers can be reclaimed in fifteen (15) days.
Domain Payments: No disputed amount is refunded on a domain registration and renewal. Renewal notices are given as a courtesy and we cannot be held liable when renewals fail.
Fraud: Any kind of the usage of payment methods in bad purpose is not allowed and can be transferred to authorities.
Invoice Queries: For any inquiries concerning the charges please contact our billing department.
Price/Currency Change: We can also vary prices by giving a warning of at least thirty (30) days. Settlements in foreign currencies can go with the exchange rate.
Discounts: Discounts, and offers are only applicable on first order and they might be withdrawn in case of misuse.
Money-back Guarantee
We have a thirty (30) day money back guarantee that does not apply to any other services except hosting. It is not so in the case of other products or services. There are no returns on any violation of terms or domain registration.
Cancellations and refunds
First time stories are the only ones to get a refund. Additional products or services do not entitle any refunds. In case of cancellation, connect to us and pay any outstanding fee. There is an option of canceling orders within thirty (30) days and offering a refund.
Termination
We reserve the right to revoke your use of the Services without any warning in the case where you are late on payments, breach this Agreement, pose harm to Hoster21 or third parties. All data can be discarded on termination.
CPU usage, Bandwidth and Disk usage
Shared hosting space is to place the content of the website not documents. We have the right to audit accounts that use the resources excessively and we can also suspend an account that continues to break this policy.
Reseller Terms as well as Client Responsibility
- Web hosting services cannot be resold using shared accounts. Reselling activities demand a reseller account.
- Resellers need to make sure that their clients or consumers (collectively, and individually, as “Reseller Users”) conform to this Agreement.
- Resellers will offer and deliver customer service to their Reseller Users as well as billing, and technical assistance. Reseller Users do not get support directly through Hoster21. In case of the Reseller user contacting the Hoster21, the reseller account can be suspended till the problem is resolved by the reseller. To be secure, the reseller must lodge all support requests on behalf of the Reseller User.
- Resellers will be liable to a content that is stored or passed using their reseller account, and the activities of the people in their Reseller Users. Hoster21 can put the reseller in the position of being responsible towards any crimes or breaches of this Agreement on the part of their clients.
- Hoster21 does not vouch for acts and omissions of its resellers. Resellers must also indemnify Hoster21 against any claims that are as a result of their activities or inactivities.
- Hoster21 also reserves the right to amend the Reseller Program any time. The changes will be adopted once published online or after a date indicated by Hoster21.
- The technical support and billing of Users that resellers sign up is strictly their responsibility.
Limited Liability
Hoster21, its directors, employees or agents shall not in any case be liable to you or any other party howsoever arising out of or in connection with your use of the services or content accessed by you using the services including any damages (howsoever caused) arising directly or indirectly out of or in connection with your use of the services or content accessed through the services or loss of profits or data by you. The whole liability of Hoster21, whatever the reason, is restricted to whatever you paid in three months before the accident on the services. This is a cumulative threshold: several claims will not raise this threshold.
Denial of Service
- Hoster21 has the right to deny the services to anyone under any circumstances. Hoster21 reserves the right to refuse or delete any content that it considers obscene, threatening, illegal, or infringing this Agreement without any notice.
- Any communication with Hoster21 personnel that is considered to be belligerent, vulgar, rude, threatening or abusive will be subject to account suspension or termination, no refund to be given.
- Any abusive or unacceptable behavior like use of bad language, threats, tirades or any insulting act shown to the company shall lead to suspension of services or termination without refund. This also entails legal threats, character assassination, libel, posting or chargebacks.
Indemnification
You will indemnify and hold harmless Hoster21, its affiliates, officers, directors, employees, and agents (the aforesaid affiliates, officers, directors, employees, and agents being referred to collectively as the Indemnified Parties) against any claim, damages, losses, liabilities, and expenses (including reasonable attorney fees and costs) incurred as a result of (i) your use of the services, (ii) any breach of this Agreement, or (iii) your actions or omissions. This obligation of indemnification is not discharged by the termination of this Agreement.
Arbitration
The disputes concerning this Agreement shall be settled by arbitration in Islamabad, Pakistan, in pursuance of The Arbitration Act 1940. When one party has an actual harm as a result of violation of the Agreement, he can obtain equitable relief in a court of competent jurisdiction without going through the arbiter. Arbitration tribunal There will be a single arbitrator who will be appointed by an agreement of both parties within 15 days. In case the parties fail to consent, the arbitrator will be determined through The Arbitration Act 1940. The arbitration shall be conducted in English and the arbitrator will make a final award after six months. As identified, both parties will share equally the cost of arbitration.
Independent Contractor
Hoster21 and the User are not in a relationship of principal and agent. This Agreement does not form a partnership or joint venture or principal-agent relationship. Either side cannot compel the other in any manner.
Jurisdiction; Governing Law
The laws of Pakistan apply to this Agreement, as well as to any claims based on its conclusion, or its violation. The United Nations Convention on Contracts for the International sale of goods does not apply.
The Data Loss and Backup
You use Hoster21 at your own risk. Hoster21 does not provide backups to dedicated accounts and services. It is your duty to create backups. Hoster21 does NOT take any responsibility for files, data on your account and you will have complete responsibility in your account to maintain proper back ups.
Limited Disclaimer and warranty
The services that are rendered under this Agreement come on an as-is and as-available basis. All those associated with Hoster21, their affiliates, employees, agents or suppliers, and licensors exclude all implied warranties as well as warranties of merchantability, fitness of a particular purpose and non-infringement. Hoster21 does not warrant the services to be free of interruption, error-free or secure, does not warrant any information, obtained through the services, to be accurate or reliable. Hoster21 does not assume responsibility of any content transferred to or out of the user and any content that may be stored via the services. This waiver is still in effect after the end of this Agreement.
Entire Agreement
This Agreement, including any other policies or documents encompassed in it, shall constitute the full and entire agreement between the parties and shall be a superseding agreement to any previous agreement(s) and conversation(s).
Headings
Headings in this Agreement are referred to and are not a part of the interpretation of this Agreement.
Changes to the Agreement or the Services
Hoster21 has the right to change this Agreement any time. There shall be a post placed on the site regarding the changes that are considerable over a span of 30 days. Once a change is announced it takes effect on the date specified in the notice. The usage of the services which has not stopped even after changes were announced entails acceptance of the amended Agreement. In case you disagree, you will not even have the right to use the services.
Severability
In the event that any matter of this Agreement becomes illegal, invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
Waiver
Any delay or failure by either party to exercise any right under this Agreement, shall be without prejudice to that right and shall not serve as a waiver thereof, and no action or partial exercise of the rights under this Agreement shall preclude or be construed as precluding further action by either party in the future. The waiver of one breach is not a waiver of subsequent breach.
Assignment; Successors
You are not allowed to assign or transfer this Agreement or any rights or obligations unless agreed in advance by Hoster21 in writing. Any illegitimate appointment is ineffective. Hoster21 can transfer its rights and responsibility without your participation. The parties and their successors and acceptable assigns are bound by this Agreement.
Force Majeure
No party is responsible for delays, failures to perform caused by events outside their reasonable control such as natural disaster, labor strikes or war or others. Nonetheless, this is not the case with payment.
