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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
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. |
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