Additional Policies and Agreements

By using our Services, you also agree to the following policies, which are part of this Agreement:

• Acceptable Use Policy
• Data Request Policy
• Privacy Policy Additional terms may apply to certain Services and are incorporated into this Agreement as necessary.

Account Eligibility

By registering for or using the Services, you confirm that:

1. You are at least eighteen (18) years old. Services are for users aged eighteen (18) or older. Any use by those under eighteen (18) is unauthorized and violates this Agreement.
2. If you use the Services on behalf of another party, you confirm that you have the authority to bind them to this Agreement and act on their behalf.

You are responsible for providing accurate and up-to-date information during registration, including an email address different from your domain. We may verify this information at any time. Outdated or incorrect contact details can result in service disruptions, including domain registration lapses. If changes are needed, contact our support team via email or our support system. Providing false information may result in account termination. For certain purchases, you may need to provide government-issued ID and/or a credit card scan. Failure to do so may result in your order being denied.

You are fully responsible for all activity under your account, including maintaining the security of your password and other account details.

Hoster21 Content

All content available through our Services, except User Content, is owned by Hoster21 or its licensors. This content includes designs, text, graphics, images, videos, software, and more (“Hoster21 Content”). You cannot modify, copy, distribute, or exploit Hoster21 Content without express permission. Any unauthorized use of HHoster21 Content will result in the termination of your rights to use the Services. All rights not expressly granted are reserved by Hoster21 and its licensors.

User Content

You may upload, store, and distribute content on your website through the Services (“User Content”). You are solely responsible for all User Content and activities on your websites. By posting User Content, you warrant that you have the necessary rights and that your content does not violate third-party rights.

You grant Hoster21 a non-exclusive, royalty-free license to use, reproduce, and distribute your User Content for the purpose of providing the Services. Hoster21 does not claim ownership of your User Content.

We do not monitor User Content, but we may take corrective action, including removal or suspension, if you violate this Agreement. Hoster21 is not liable for any corrective actions taken.

HIPAA Disclaimer

Our Services are not compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA). You are responsible for ensuring compliance with all applicable privacy and data protection laws. Our Services are not suitable for storing sensitive data, such as medical or health information. Storing such data is a violation of this Agreement and may result in account termination. Hoster21 is not a “Business Associate” under HIPAA.

Certain Services; 404 Error Page

If you do not configure a 404 error page, Hoster21 may place a default 404 error page on your website, which may include advertisements and other content. You can change the 404 error page configuration at any time. Hoster21 reserves the right to retain all revenue from these advertisements.

Third Party Products and Services

• Third Party Providers: We may offer third-party products and services, which may be subject to the provider’s terms and conditions. Hoster21 is not responsible for the quality, availability, or accuracy of these third-party products. You assume all risk in dealing with third-party providers.
• Hoster21 as Reseller or Sublicensor: We may act as a reseller or sublicensor of third-party products. We are not responsible for changes that make these products obsolete. Any issues with third-party products should be addressed with the manufacturer.
• Third Party Websites: Our Services may link to third-party websites. We are not responsible for the content or accuracy of these sites. Accessing third-party sites is at your own risk.

Prohibited Persons (Countries, Entities, And Individuals)

Our Services are subject to export control and economic sanctions laws. By using our Services, you represent that you are not involved with terrorism, weapons activities, or other prohibited activities under Pakistani law. You also agree not to use our Services in connection with any country or territory subject to sanctions.

Account Security and Hoster21 Systems

You are responsible for securing scripts/programs under your account and using strong passwords. We may suspend your account if weak passwords are detected. We may monitor our systems for security and compliance purposes.

If your account is compromised, we may disable or terminate it. Continuous overuse of server resources may also result in account suspension or termination.

Compatibility with the Services

You must ensure that your User Content and websites are compatible with our systems, which may change over time. You are responsible for backing up all User Content, and Hoster21 is not liable for any data loss.

Billing and Payment Information

• Prepayment: You must ensure that payment information is up-to-date and pay for Services in advance.
• Autorenewal: Unless you notify us otherwise, we may automatically renew your Services using the payment method on file.
• Advance Account: We will deduct from your credit balance for purchases. If the balance is insufficient, orders may not be processed.
• Taxes: You are responsible for paying all applicable taxes. Fees are non-refundable unless otherwise stated.
• Late Payment or Non-Payment: Non-payment may result in service suspension or termination. Dedicated servers may be reclaimed if payment is not made within fifteen (15) days.
• Domain Payments: No refunds are given for domain registrations or renewals. Renewal notices are provided as a courtesy, and we are not responsible for renewal failures.
• Fraud: Misuse of payment methods is prohibited and may be reported to authorities.
• Invoice Disputes: Contact our billing department for any questions regarding charges.
• Price/Currency Change: We may change prices with at least thirty (30) days’ notice. Payments in other currencies may fluctuate with the exchange rate.
• Discounts: Discounts and coupons apply only to initial purchases and may be revoked for abuse.

Money-back Guarantee

We offer a thirty (30) day money-back guarantee for hosting services only. This does not apply to additional products or services. No refunds are provided for violations of terms or for domain registrations.

Cancellations and Refunds

Only first-time accounts are eligible for refunds. No refunds are provided for additional products or services. To cancel, contact us and pay any outstanding fees. We may cancel orders within thirty (30) days and provide a refund.

Termination

We may terminate your access to the Services without notice if you fail to pay fees, violate this Agreement, or cause harm to Hoster21 or others. Upon termination, all data may be deleted.

CPU, Bandwidth, and Disk Usage

Shared hosting space is for website content, not for storage. We reserve the right to review accounts for excessive resource usage and may suspend accounts that violate this policy.

Reseller Terms and Client Responsibility

1. Shared accounts cannot be used to resell web hosting services. A reseller account is required for any reselling activities.
2. Resellers must ensure that their clients or users (“Reseller Users”) comply with this Agreement.
3. Resellers are responsible for providing customer service, billing, and technical support to their Reseller Users. Hoster21 does not offer support directly to Reseller Users. If a Reseller User contacts Hoster21, the reseller’s account may be placed on hold until the reseller addresses the issue. For security, all support requests must be made by the reseller on behalf of the Reseller User.
4. Resellers are accountable for the content stored or transmitted through their reseller account, as well as the actions of their Reseller Users. Hoster21 may hold the reseller liable for any illegal activities or violations of this Agreement by their clients.
5. Hoster21 is not responsible for the actions or omissions of its resellers. Resellers agree to indemnify Hoster21 against any claims arising from their actions or omissions.
6. Hoster21 reserves the right to modify the Reseller Program at any time. Changes will take effect once posted online or on a date specified by Hoster21.
7. Resellers are solely responsible for billing and technical support for the Users they sign up.

Limitation of Liability

Hoster21, its directors, employees, or agents will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or data, arising from your use of the services or content accessed through the services, even if Hoster21 has been advised of the possibility of such damages. Hoster21’s total liability, regardless of the cause, is limited to the amount you paid for the services in the three months prior to the incident. This is a cumulative limit; multiple claims will not increase this limit.

Refusal of Service

1. Hoster21 reserves the right to refuse services to anyone at any time. Content that Hoster21 deems obscene, threatening, illegal, or in violation of this Agreement may be removed or disabled without notice.
2. Communication with Hoster21 staff that is deemed belligerent, vulgar, rude, threatening, or abusive may result in account suspension or termination without a refund.
3. Abusive actions towards the company, including foul language, threats, or offensive behavior, may result in service suspension or termination without a refund. This includes threats of legal action, slander, libel, public posting, or chargebacks.

Indemnification

You agree to indemnify and defend Hoster21, its affiliates, officers, directors, employees, and agents (the “Indemnified Parties”) from any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising from (i) your use of the services, (ii) any breach of this Agreement, or (iii) your actions or omissions. This indemnification obligation survives the termination of this Agreement.

Arbitration

Disputes related to this Agreement will be resolved through arbitration in Islamabad, Pakistan, under The Arbitration Act 1940. However, if a party suffers immediate harm due to a breach of the Agreement, they may seek equitable relief from a court of competent jurisdiction, bypassing arbitration. The arbitration tribunal will consist of a sole arbitrator appointed within 15 days by mutual agreement. If the parties cannot agree, the arbitrator will be appointed under The Arbitration Act 1940. The arbitration proceedings will be in English, and the arbitrator will issue a final award within six months. The arbitration costs will be shared equally by both parties.

Independent Contractor

Hoster21 and the User are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or principal-agent relationship. Neither party has the authority to bind the other in any way.

Governing Law; Jurisdiction

This Agreement, including any claims arising from its formation or breach, is governed by the laws of Pakistan. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Backups and Data Loss

Your use of Hoster21 services is at your own risk. Hoster21 does not maintain backups for dedicated accounts or services. You are responsible for maintaining your own backups. Hoster21 is not liable for any files or data on your account, and you agree to bear full responsibility for maintaining appropriate backups.

Limited Disclaimer and Warranty

The services provided under this Agreement are offered “as is” and “as available.” Hoster21 and its affiliates, employees, agents, suppliers, and licensors disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hoster21 does not guarantee that the services will be uninterrupted, error-free, or secure, nor does it guarantee the accuracy or reliability of any information obtained through the services. Hoster21 is not liable for any content transferred to or from users or stored through the services. This disclaimer survives the termination of this Agreement.

Entire Agreement

This Agreement, along with any incorporated policies or documents, represents the complete understanding between the parties and supersedes all prior agreements and discussions.

Headings

The headings used in this Agreement are for reference purposes only and do not affect the interpretation of the Agreement.

Changes to the Agreement or the Services

Hoster21 may modify this Agreement at any time. A notice of significant changes will be posted on the website for at least 30 days. Changes become effective as of the date indicated in the notice. Continued use of the services after changes are posted constitutes acceptance of the modified Agreement. If you do not agree, you are not authorized to use the services.

Severability

If any part of this Agreement is found to be illegal, invalid, or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No delay or failure by either party to enforce any right under this Agreement will operate as a waiver of that right, nor will any partial exercise of a right preclude further enforcement. A waiver of any breach does not constitute a waiver of future breaches.

Assignment; Successors

You cannot assign or transfer this Agreement or any rights or obligations without Hoster21’s prior written consent. Any unauthorized assignment is void. Hoster21 may assign its rights and obligations without your consent. This Agreement binds the parties and their successors and permitted assigns.

Force Majeure

Neither party is liable for delays or failures to perform due to causes beyond their control, including natural disasters, labor disputes, acts of war, or failure of third-party suppliers. However, this does not apply to payment obligations.