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Terms & Conditions
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& Conditions
Welcome to Futurenettechnologies.com (the "Site").
The Following agreement constitutes the Terms and Conditions of Services
offered by FutureNet Technologies. By entering into a transaction
with FutureNet Technologies the customer agrees to be bound by the
terms and conditions as laid out in the following Web hosting / Web
space rental agreement.
THIS WEB HOSTING / WEB SPACE RENTAL AGREEMENT ("Agreement")
is hereby entered into between FutureNet Technologies and You (the
Customer) on the following terms and conditions:
- The FutureNet Technologies Web Space Rental Service or the Hosting
Services (the "Service") consists of services provided
to allow the Customer to offer content on the Internet. These services
include space on FutureNet Technologies's Internet server to store
HTML and related multimedia documents and files, the ability to
maintain these pages through one FTP ("File Transfer Protocol")
account, and e-mail accounts. The terms and conditions of this agreement
and any rules and prices published on FutureNet Technologies's Web
Site (http://www.FutureNetTechnologies.com) constitute the entire
and only agreement (collectively, the "Service Agreement")
between FutureNet Technologies and the Customer (hereby defined
as one who has an account with FutureNet Technologies for the Service,
including Customer's designated users with respect to the Service)
and supersede all other communications and agreements with regard
to the subject matter hereof.
- Upon notice provided on the website or via e-mail, FutureNet Technologies
may modify this Service Agreement or prices, and may discontinue
or revise any or all aspects of the Service in its sole discretion
without prior notice.
- The Company follows a standard pricing policy and may revise the
prices as and when required by the market conditions. The Client
agrees to the Company's right to change or alter any or all charges
and prices for any or all services rendered by the company. The
Customer agrees to pay the complete amount mentioned in the invoice
raised which shall be on the basis of the price list as on date
irrespective of any price-cuts or revisions whether upwards or downwards
during the payment period or credit period if and when allowed by
the company.
- Customer agrees to indemnify FutureNet Technologies against any
liability for any and all use of Customer's account. Furthermore,
Customer agrees that it will protect, indemnify, save and hold FutureNet
Technologies harmless from any and all stipulations, liabilities,
losses, expenses and claims, as well as reasonable attorney's fees
assessed against FutureNet Technologies, its agents, customers,
officers, employees and administration that may arise or result
from any service provided or performed or agreed to be performed
or any product sold by it's customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold FutureNet Technologies
harmless against liabilities arising out of; (1) any injury to person
or property caused by any products sold or distributed in association
with FutureNet Technologies's Services; (2) any material furnished
by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright violation and any defective
products sold to a Customer from FutureNet Technologies's Services.
- While Provider shall make every reasonable effort to protect and
backup data for Client on a regular basis, Provider is not responsible
for Client's files residing on Provider. Client is solely responsible
for independent backup of data stored on Providers server and network.
If Provider needs and is able to restore client's files due to a
file lost provider is not responsible for, provider may charge an
additional fee for this service.
- Customer is responsible for and must provide all telephone and
other equipment and services necessary to maintain customer's account
remotely through one FTP account.
- CUSTOMER EXPRESSLY AGREES THAT USE OF FUTURENET TECHNOLOGIES'S
SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER FUTURENET TECHNOLOGIES
NOR ANY OF ITS INFORMATION PROVIDERS, LICENSERS, EMPLOYEES, OR AGENTS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES FUTURENET TECHNOLOGIES OR ANY OF ITS INFORMATION PROVIDERS,
LICENSERS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS
TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER FUTURENET
TECHNOLOGIES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE
OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH
OF ANY WARRANTY CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISION
OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND
ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
- This Service Agreement is made in Mumbai, and shall be governed
by and construed in accordance with the laws of India and is subject
to the Mumbai Jurisdiction. Any cause of action of customer or its
designated users with respect to the Service Agreement must be instituted
within three months after the claim or cause of action has arisen
or is barred.
- Copyrighted material must not be placed on Customer's account
without the permission of the owner(s) or person(s) they specifically
authorise. Only the Owner(s) or such authorised person(s) may upload
copyrighted material to the account.
- Customer agrees not to publish on or over its account any information,
software or other content which violates or infringes upon the rights
of any others or which knowingly contravenes the laws of any jurisdiction
in which such content is generally accessible.
- Use of illegal or copyright material on any web page or other
distribution mechanism used in conjunction with the Customer's account
will result in termination of this Service Agreement. Illegal material
is defined as any material not permitted under the laws prevailing
in Mumbai, India. If "illegal material" was submitted
by a client of the Customer without Customer's knowledge, this Service
Agreement will remain in effect if the Customer removes the "illegal
material."
- User-Supplied Content: All services may be used for lawful purposes
only. Through FutureNet Technologies's Service, you may have access
to Chat Areas, Bulletin Boards, Web Pages, e-mail, or other Services
that enable you to send or post materials ("content")
and make that content available to others. You must not submit,
publish, or display on the Network any defamatory, inaccurate, abusive,
obscene, infringing, or threatening content. In addition, you may
not submit, publish, or display any content that violates any Indian
Law. You are solely responsible for the content you make accessible
through the FutureNet Technologies Network. You may not use the
Service to assist any other person or entity to violate any Laws
in India, Ordinances or Regulations. FutureNet Technologies is not
obligated to monitor the Network to examine available content. You
hereby acknowledge that if we are made aware of content that is
determined to be, in its sole discretion, unacceptable, undesirable,
offensive, indecent, obscene, excessively violent or otherwise objectionable,
FutureNet Technologies has the right, but not the obligation, to
edit, remove or deny access to such content. FutureNet Technologies
may disclose any content or records concerning Customer's account
as required satisfying any Law, Regulation, Governmental Request
or Court Order. Pornography and sex-related merchandising are prohibited
on all FutureNet Technologies Servers. This includes Sites that
may infer sexual content, display nudity, or link to adult content
elsewhere. This is also true for Sites that promote any illegal
activity or content that may be damaging to FutureNet Technologies's
Servers or any other Server on the Internet. Links to such materials
are also prohibited. In addition, any Site Selling or promoting
Bulk e-mail Service is not allowed. Below are some examples of non-acceptable
content or links:
>> Adult Sites - Any erotic or pornographic material, links
to adult sites, or advertisements for adult sites.
>> Pirated Software (Warez) - Any software that is copyrighted
and not freely available for distribution without cost; i.e. ROMs,
ROM Emulators and MPEG Layer 3 files (MP3).
>> Copyright Violations - Violation of copyrights held by
individuals and corporations or other entities can result in civil
and criminal liability for the infringer.
>> Hacking/Phreaking - Includes sites with material, links,
or resources for hacking, phreaking, viruses, anarchy, or any type
of site that promotes or participates in wilful harm to Internet
Sites or Providers.
- Any use of FutureNet Technologies's systems that disrupts the
normal use of the system for other FutureNet Technologies customers
is considered to be abuse of FutureNet Technologies services and
is grounds for termination of this Service Agreement. Some examples
of abuse include spawning dozens of processes, consuming large amounts
of memory or CPU cycles for long periods of time, attempting to
access other Customers' account areas, or conducting provocative
activities such as mass e-mailing which may result in retaliatory
actions against FutureNet Technologies' systems.
- Depending upon the nature and severity of any abuses, the Customer
may receive an E-mail warning detailing the nature of the abuse.
If the abuse of services is not terminated immediately, a notification
will be sent to the customer intimating the termination of the services
/ service agreement. Any reconnection of a terminated account will
require a reconnection fee.
- If, in FutureNet Technologies's sole discretion, the nature and
severity of any abuses is severe enough, FutureNet Technologies
may terminate the Service Agreement immediately without written
notification.
- Customer shall pay the Maintenance Fee, and any charge for additional
services under the terms of this Service Agreement, fully in advance
unless otherwise specified in the payment terms. Invoice may be
sent by e-mail or by letter. Customer may not withhold or "setoff"
any amounts due hereunder. FutureNet Technologies retains the right
to withhold service without prejudice until all amounts determined
delinquent are paid in full. Any late payment shall be subject to
an interest charged of @2% per month on the amount outstanding and
any costs of collection (including but not limited to legal fees).
The customer agrees to any / all penalties, interest, charges levied
in such circumstances by the company in its absolute discretion.
- Accounts that are delinquent / discontinued / not-renewed / expired
/ suspended will be placed on "administrative hold" immediately
and may not be used. An account that is delinquent / discontinued
/ not-renewed / expired / suspended will have their files archived
or purged from all FutureNet Technologies's servers / backups and/or
any other media as may be thought fit by FutureNet Technologies
in its sole discretion. Customer's account will continue to accrue
charges while on "administrative hold." The customer agrees
that any decisions made or any actions taken by FutureNet Technologies
or any of its information providers, licensers, employees, or agents
shall be final and binding on the customer.
- Any Customer whose services are terminated or suspended will be
asked to pay a reconnection fee of Rs.500/- to restart the account.
- There will be a Rs. 200/- service charge for each returned unpaid
/ dishonoured instrument.
- Legal notices sent to either party shall be effective when delivered
by mail, transmitted by telecopy ("fax") machine, one
(I) day after being sent by overnight mail or "fax", or
two (2) days after being sent by first class mail postage prepaid.
- FutureNet Technologies acknowledges and agrees that in the course
of dealings with Customer, it may acquire information about Customer,
its business activities and operations, its technical information
and trade secrets, of a highly confidential and proprietary nature.
FutureNet Technologies agrees that title to all such information
and related materials shall remain with the Customer. All applicable
copyrights, trade secrets, patents and other intellectual and property
rights in such information and related material are and remain in
the property of the Customer. All other aspects of the information
and related material, including without limitation, technologies,
procedures, programs, methods of processing, all source code, conversions,
enhancements, databases, templates, specific design and structure
of individual programs and their interaction and unique programming
techniques employed therein as well as screen formats shall remain
the sole and exclusive property of the Customer and shall not in
any way be sold, revealed, disclosed or otherwise communicated,
directly of indirectly, by FutureNet Technologies to any person,
company or institution whatsoever other than for the purposes set
forth herein. It is expressly understood that no title to or Ownership
of such information or any part thereof is hereby transferred to
FutureNet Technologies.
- Any customer lists and/or other information concerning the Customer's
clients are the sole and exclusive property of the Customer. FutureNet
Technologies shall not for any reason whatsoever, directly or indirectly,
solicit the trade business of any of the clients or prospective
clients of the Customer with respect to any of the services, products,
trade secrets or other matters of the Customer. In addition to maintaining
confidentiality of all matters as imposed herein above, FutureNet
Technologies agrees to keep in the strictest of confidence any information
acquired by FutureNet Technologies during the course of its dealings
with the Customer about any of the Customer's clients, including
but not limited to contents of related databases, credit and credit
card information.
- Nothing contained herein shall be construed to place the parties
(Customer and FutureNet Technologies) in a relationship of partners,
agents or joint ventures. Neither party shall represent itself as
the agent or legal representative of the other party for any purpose
whatsoever and shall have no power to obligate or bind the other
party in any manner whatsoever.
- If any clause herein shall be found to contravene any law or ordinance
in whole or in part, it shall be severed from the Agreement. The
balance of the Agreement shall continue in full force and effect.
- Network Security: Customers may not use the FutureNet Technologies
Network with an attempt to circumvent user authentication or security
of any host, network, or account. This includes, but is not limited
to, accessing data not intended for the Customer, logging into a
Server or Account the Customer is not expressly authorised to access,
password cracking, probing the security of other networks in search
of weakness, or violation of any other organisation's Security Policy.
Customers may not attempt to interfere or deny service to any User,
Host or Network. This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to overload or crash
a Host or Network. FutureNet Technologies will co-operate fully
with investigations of violations of Systems or Network Security
at other sites, including co-operating with Law Enforcement Authorities
in the investigation of suspected criminal violations. Users who
violate System or Network Security may incur Criminal or Civil Liability.
- The Customer hereby undertakes to ensure the security and integrity
of the services by complying with the nondisclosure agreement and
by keeping secret the information that client may become aware of
and by reporting any errors, exploits, security threats or bugs
or any other information relevant to the security of the services
provided by the company.
- CGI Scripts: Each FutureNet Technologies Account comes fully equipped
with its own CGI-Bin. Customers are free to use any CGI-Scripts
provided with their account or add any additional ones they require.
Any CGI-Scripts deemed to be adversely affecting the Server performance
or the Network integrity may be shut down without prior notice.
CGI-Script sharing with Domains not hosted by FutureNet Technologies
is not allowed.
- Chat Rooms: FutureNet Technologies prohibits its Customers from
installing outside chat rooms on their Domain, as these tend to
be a resource problem. FutureNet Technologies does provide its Customers
a choice of Chat rooms / software to choose from for a nominal monthly
charge. These chat rooms / software were designed to meet the growing
needs of Customers and function without hindering the performance
of the Servers for others.
- 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 an option of either upgrading their
service level or reducing the resource used to an acceptable level.
- Background Running Programs: Background Daemons / Services in
general are prohibited. FutureNet Technologies will consider requests
on a Per Application Basis. If allowed, extra charges will be assessed
based on resource requirements for system maintenance.
- IRC: FutureNet Technologies currently prohibits its Customers
from operating IRC or IRC Bots on any of the Servers in the FutureNet
Technologies Network.
- Commercial Advertising/ Mass Mailings: You must not use the FutureNet
Technologies Network, FutureNet Technologies Equipment or any FutureNet
Technologies e-mail Address in connection with the transmission
of Spam, flames, mail bombs, or substantially similar, unsolicited
e-mail messages. Your Domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This prohibition
extends to the sending of unsolicited mass mailings from another
service that in any way implicates the use of the FutureNet Technologies
Network, FutureNet Technologies Equipment or any FutureNet Technologies
e-mail Address. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or if it is sent to a recipient
who has not requested or invited the message. For purposes of this
provision, merely making one's e-mail address accessible to the
public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, FutureNet Technologies
reserves the right to disable your Domain. In addition, FutureNet
Technologies may impose a Rs. 2500/- penalty for each spam policy
violation. FutureNet Technologies solely reserves the right to refuse
or cancel service to known spammers. Lastly, FutureNet Technologies
reserves the right to determine what violates this policy. As such,
any violation may result in cancellation of services without refund.
- Bulk Mailing: FutureNet Technologies does not allow any type of
Bulk Mailing / Mass Mailing. You must not use the FutureNet Technologies
Network, FutureNet Technologies Equipment, IP addresses , servers
or any FutureNet Technologies e-mail Address in connection with
the transmission of Bulk Mail, Mass Mailing , Newsletters etc. Bulk
mailing whether solicited or unsolicited is not allowed unless the
customer has specifically procured services from FutureNet Technologies
for the same. The Customer also agrees that FutureNet Technologies
solely reserves the right to refuse or cancel service without assigning
any reasons whatsoever.
- Spam Control, Virus Control & E-mail delivery / deletion:
FutureNet Technologies implements strong spam & virus control
solutions on all its networks / servers. These spam & virus
control services may require FutureNet Technologies to withhold
e-mails or to restrict, delete, manipulate, process the e-mail The
customer agrees to such interception, restriction, deletion, manipulation
and processing of e-mail, FutureNet Technologies assures customers
of all privacy and most of the processes are automatic and do not
require human intervention, however the customer agrees that FutureNet
Technologies reserves the right to intercept, restrict, delete,
manipulate and process e-mail with a view to control spam and viruses.
The customer also agrees not to hold FutureNet Technologies responsible
for any legitimate e-mail intercepted, restricted, deleted, manipulated,
or processed during this process. FutureNet Technologies will not
be responsible for any damages your business may suffer. FutureNet
Technologies makes no warranties of any kind, expressed or implied
for the e-mail services provided.
- Refusal of Service: FutureNet Technologies reserves the right
at its sole discretion to refuse or cancel service. Violation of
any of FutureNet Technologies's Rules and Regulations could result
in a Warning, Suspension, or possible Account Termination. Accounts
terminated due to policy violations will not be refunded.
- Service Cancellation: Customer retains the right to cancel use
of FutureNet Technologies's Service within Thirty (30) days for
fresh / new orders only. To authenticate a cancellation request,
you must fill out the Support Request Form located on the FutureNet
Technologies Web Site. If submitting this form online is not possible,
you may e-mail the cancellation notice (for which you must receive
an acknowledgement confirming the same). The e-mail should be sent
only through the authorised e-mail address submitted during the
registration process; in case of online form submission a confirmation
e-mail shall be sent to the authorised e-mail id and must be confirmed
before the request is considered. A customer may also mail the request
to FutureNet Technologies 105/3015, Kannamwar Nagar-2, Vikhroli
(East), Mumbai - 400083. You must include your Account e-mail Address,
Account Name, Account Password, reason for cancellation, and the
Domain on which you want to cancel the hosting. We cannot accept
cancellation requests over the phone for security reasons. Domain
Name Registrations / renewals / transfers cannot be cancelled and
fee / charges received by the company for the same are not refundable.
- You agree to relinquish all control of services, servers, network
equipment, and IP addresses once you choose to cancel a service
or the term of your contract / plan expires. The customer also agrees
that FutureNet Technologies may access and destroy any and all data
/ files/ content and e-mail at its absolute discretion without any
notice whatsoever once the period of services has expired or the
terms and conditions have been violated. You also agree to pay any
additional charges / penalties levied by FutureNet Technologies
in its sole discretion in case of any delays on your part to relinquish
such control.
- Disclaimer: FutureNet Technologies will not be responsible for
any damages your business may suffer. FutureNet Technologies makes
no warranties of any kind, expressed or implied for services we
provide. FutureNet Technologies disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by FutureNet Technologies and its
employees. FutureNet Technologies reserves the right to amend or
update these policies without notice. Failure to follow any terms
and conditions may result in account deactivation. FutureNet Technologies
furthermore expects that it's Customers who provide Internet services
to others will fully comply with all applicable laws concerning
the Privacy of On-line Communications. A Customer's failure to comply
with those laws will violate this policy. Finally, FutureNet Technologies
wishes to emphasise that in accepting services, Customers indemnify
FutureNet Technologies for the violation of any law or FutureNet
Technologies policy that results in loss to FutureNet Technologies
or the bringing of any claim against FutureNet Technologies. This
means that if FutureNet Technologies is sued because of activities
of the Customer that violate any law, or this policy, the Customer
will pay any damages awarded against FutureNet Technologies, plus
costs and reasonable attorneys' fees.
- Privacy Policy: FutureNet Technologies insures that all personal
information being voluntarily submitted to us in the processing
of your order (to be used for record and billing purposes, etc.),
inclusive, but not limited to, credit card and other personal information,
will be kept strictly confidential and used "solely" by
FutureNet Technologies, its authorised representatives and employees;
for the strict purpose for which it was intended, and for the benefit
of the Subscriber. We agree not to share, rent, sell or release
this information to any individual, entity or third party, for any
reason, without the specific written consent of the Subscriber;
with exception as required by Law, Regulation or Governmental Authority.
- Each party (Customer and FutureNet Technologies) to this agreement
represents that it has all necessary rights and authority to enter
into the terms of the Agreement and is in compliance with all Laws
applicable in India, governing this transaction.
IN WITNESS WHEREOF, and intending to be legally bound, the parties
hereto agree to the above and have entered into agreement.
Thankyou for accepting our above mentioned terms & conditions
for using this site.
COPYRIGHT NOTICE ©2002-2009 FutureNet Technologies.COM, All rights
reserved.
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