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21st Century Hosts
was founded with the vision of becoming the leading
provider of web hosting solutions for small and
medium-sized businesses.
 21st
Century Hosts
is realizing its vision, and is already a leading
pioneer in
Linux web hosting in the 21st Century.
By focusing on quality service and customer support,
we set ourselves apart from our competitors. We
offer a unique solution for personal or business
use.
21st
Century Hosts
takes the guesswork and complicated hosting charts
out of the picture. With one plan hosting, we are
able to meet the needs of Internet sites large and
small leaving more time and energy towards our
customers.
When customers choose
21st Century Hosts,
they get the peace of mind that they are
hosting
with the company that boasts longevity with
excellent service, 24/7 Neighborhood support and
99.99% uptime.
Service Contract for All
Clients, Resellers and Business Associates
Preliminaries:
21st Century Hosts ("21centuryhosts.com"), is a Web Presence Provider.
The purpose of this Service Agreement / Service
Contract "the Agreement", "AUP" "Service Contract"
is to specify the terms, conditions, and obligations
which a customer agrees to accept by the his, her or
its conduct of using the Services of
21centuryhosts.com
for the registration and renewal of the registration
of a domain name, or by opening an account for any
of its services with 21centuryhosts.com for such
purpose.
1. Definitions:
As used in this
Agreement, the following terms have the following
meanings:
(a) "you" ,"your",
“customer” and "Subscriber" refer to each customer,
that is, each person who avails or subscribes for
any of Services from 21st Century Hosts. or
www.21centuryhosts.com
(b) "Services" refers to the domain services, shared
hosting services, dedicated servers, or provided by
us as offered through 21centuryhosts.com .
(c) "Account" means a
wholesale account opened with 21centuryhosts.com for the
registration of domain names and the payment for
such registrations; and
2. The Agreement:
This Agreement explains
our obligations to you, and explains your
obligations to us, for various Services. By using
our Services, you have agreed to establish an
account with us for such Services. When you use your
account, or permit someone else to use it for any
purpose whatsoever (whether or not we are notified
of your having given authorization to such third
party to use your account), this Agreement covers
such use and the service sought or rendered. By
opening an account with M/s. 21st Century Hosts. or by using
any Services under this Agreement you acknowledge
that you have read, and you agree to be bound by all
terms and conditions of this Agreement, and any
pertinent rules or policies that are or may be
published by us. If you do not wish to be bound by
these terms and conditions, you should not proceed
to place any information of any kind on 21st Century Host’s
servers.
USER CONDUCT
Customer Content:
Customer acknowledges
that 21st Century Hosts exercises no control whatsoever over
the content of the information passing through
Customer's site (s) and that it is the sole
responsibility of Customer to ensure that the
information it and its users transmit and receive
complies with all applicable laws and regulations
and these Rules and Regulations.
Prohibited Activities:
Customer will not, and
will not permit any persons ("Users") using
Customer's online facilities and/or services,
including, but not limited to, Customer's Web site
(s) and transmission capabilities, to do any of the
following ("Prohibited Activities")
The following
constitute Prohibited Activities of Service
Agreement: :
1. Illegal use:
21st Century Host’s services
may not be used for illegal purposes, or in support
of illegal activities. 21st Century Hosts reserves the
right to cooperate with legal authorities and/or
injured third parties in the investigation of any
suspected crime or civil wrongdoing.
2. Harm to minors:
Use of the 21st Century Host’s service to harm, or attempt to harm, minors in
any way, including, but not limited to child
pornography.
3. Threats:
Use of the
21st Century Host’s service to transmit any material (by email,uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction
of property.
4. Harassment:
Use of the 21st Century Host’s service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses
another.
5. Fraudulent activity:
Use of 21st Century Host’s
service to make fraudulent offers to sell or buy
products, items, or services, or to advance any type
of financial scam such as "pyramid schemes," "ponzi
schemes," and "chain letters."
6. Forgery or impersonation:
Adding, removing or
modifying identifying network header information in
an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged
headers or other identifying infrmation is
prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited
bulk e-mail (SPAM)
Use of the 21st Century Host’s service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited.
Violations of this type will result in the immediate
termination of the offending 21st Century Host’s account.
8. E-mail / News Bombing:
Malicious intent to impede another person's use of
electronic mail services or news will result in the
immediate termination of the offending 21st Century Host’s
account.
9. E-mail / Message Forging:
Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through the
21st Century Host’s service is in violation of this
Service Contract.
10. Usenet SPAMing:
21st Century Host’s has a
zero tolerance policy for the use of its network for
the posting of messages or commercial
advertisements, which violate the rules,
regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients
are permitted.
11. Unauthorized access:
Use of the
21st Century Host’s service to access, or to
attempt to access, the accounts of others, or to
penetrate, or attempt to penetrate, security
measures of 21st Century Hosts 's or another entity's
computer software or hardware, electronic
communications system, or telecommunications system,
whether or not the intrusion results in the
corruption or loss of data, is expressly prohibited
and the offending Subscribers account is subject to
immediate termination.
12. Copyright or trademark infringement:
Use of the
21st Century Host’s service to transmit any
material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the
digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted
software.
13. Collection of personal data:
Use of the 21st Century Host’s service to collect, or
attempt to collect, personal information about third
parties without their knowledge or consent.
14. Network disruptions and unfriendly activity:
Use of the 21st Century Host’s service for any activity
which affects the ability of other people or systems
to use 21st Century Host’s Services or the Internet. This
includes "denial of service" (DOS) attacks against
another network host or individual user.
Interference with or disruption of other network
users, services or equipment is prohibited. Customer
may not, through action or inaction, allow others to
use their network for illegal or inappropriate
actions. Customer may not permit their network,
through action or inaction, to be configured in such
a way that gives a third party the capability to use
their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company
and/or individual's computer system will result in
immediate account termination. 21st Century Hosts will not
tolerate any Customer attempting to access the
accounts of others, or penetrate security measures
of other systems, whether or not the intrusion
results in corruption or loss of data.
15. Fraud:
Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent
that the person receiving it will act upon it.
16.
Infringement of Copyright, Patent, Trademark, Trade
Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
17. Distribution of Viruses:
Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to
persons, data, and/or computer systems are
prohibited. Such an offense will result in the
immediate termination of the offending account.
18. Inappropriate Use of Software:
Use of software or any device that would facilitate
a continued connection, i.e. pinging, while using
21st Century Host’s services could result in suspension
service.
19. Third Party Accountability:
21st Century Host's Subscribers will be held responsible
and accountable for any activity by third parties,
using their account, that violates guidelines
created within the Service Agreement.
REFUSAL OR DISCONTINUANCE
OF SERVICE
21st Century Hosts . reserves
the right to refuse or discontinue service to anyone
at 21st Century Host's sole discretion after giving a
notice of 15 days. 21st Century Hosts may deny you access
to all or part of the service without notice if you
engage in any conduct or activities that 21st Century Hosts
in its sole discretion believes violates any of the
terms and conditions in this agreement. 21st Century Hosts
shall have no responsibility to notify any
third-party providers of services, merchandise, or
information, nor any responsibility for any
consequences resulting from such discontinuance or
lack of notification. You agree that 21st Century Hosts .
has the right to monitor the service electronically
from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself
or its subscribers. 21st Century Hosts . reserves the right
to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in
violation of this agreement.
NO WARRANTIES
21st Century Hosts makes no warranties or
representations of any kind for the services being
offered. The service is provided on an "as is" and
"as available" basis without warranties of any kind,
either express or implied, including but not limited
to warranties of title, non-infringement, or implied
warranties of merchantability or fitness for a
particular purpose. No advice or information given
21st Century Hosts . or its employees shall
create a warranty. 21st Century Hosts
provides no warranty that the service will be
uninterrupted or error free or that any information,
software or other material accessible on the service
is free from viruses or other harmful components.
Under no circumstances shall 21st Century Hosts
be liable for any direct, indirect, special,
punitive, or consequential damages that result in
any way from your use of or inability to use the
service, or for third parties' use of the service to
access your Web space, or to access the Internet or
any part thereof, or your or any third parties'
reliance on or use of information, services, or
merchandise provided on or through the service, or
that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in
operation or transmission, or any failure of
performance. If you are dissatisfied with 21st
Century Hosts service or any of its terms,
conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by
placing information on 21st Century Hosts .'s servers that
such information becomes available to all Internet
users and that 21st Century Hosts .has no way of limiting or
restricting access to such information or protecting
such information from copyright infringement. You
assume total responsibility and risk for your use of
21st Century Hosts .' servers and the Internet. It is solely
your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions,
advice, services and other information, and the
quality and merchantability of all merchandise
provided through 21st Century Hosts .or on the Internet
generally.
IDENTIFICATION INFORMATION
You agree that you as
the person legally responsible for use of this
account, are at least 18 years of age. You agree to
supply 21st Century Hosts . with a current and truthful
name, postal address and telephone number for our
records, and you have a continued obligation to keep
this information current. You also agree that you
are an authorized user of any credit card that you
supply to us and agree that we have an obligation to
fully investigate any possible fraudulent credit
card use
NO INTERFERENCE WITH
OPERATION OF SYSTEM
You agree not to
maliciously or intentionally interfere with the
proper operation of the system, including but not
limited to defeating identification procedures,
obtaining access beyond that which you are
authorized for, and impairing the availability,
reliability, or quality of service for other
Subscriber. You further agree not to interfere with
the proper operation of other systems reachable
through the Internet, including any attempt at
unauthorized access. You agree to follow the
Acceptable Use Policy of any network or service you
connect to. You agree to adhere to system policies
as published online by 21st Century Hosts ., including
restrictions on services available with each account
type, restrictions on certain features, and all
other policies designed to protect and enhance the
quality and reliability of service at 21st Century Hosts
You agree to abide by any and all future 21st Century Hosts
.policy decisions.
SECURITY
You agree that the
security of your account is solely your own
responsibility. Customer understands that Internet
and other various networking communication medium
are not secure, unless explicitly specified as such,
and may be subjected to interception or loss 21st
Century Hosts makes no warranties of any kind, either
express, implied or statutory concerning the data or
information available through the 21st Century Hosts .
network. In no event will 21st Century Hosts be liable to
the customer for any indirect, incidental or
consequential damages arising out of the services or
any products provided under this agreement, even if
the company has been advised of the possibility of
such damages.
You further agree that
if you believe the security of your account has been
compromised in any way, you will notify 21st Century Hosts .
immediately by telephone at +91 (712) 3955222. and
in writing by registered mail return receipt
requested to 21st Century Hosts Gala No15.
Link Road, Sadar, Nagpur - 440001, India. You shall
be held fully responsible for any misuse or
compromise to your account for which 21st Century Hosts, is
not properly notified. You agree that if any
security violations are believed to have occurred in
association with your account, 21st Century Hosts has the
right to suspend access to the account pending an
investigation and resolution. You also agree that
21st Century Hosts has the right to cooperate in any
government or legal investigation regarding any
aspect of our services, including services sold to
you. Any use of our system to engage in software
piracy or other violations of law will result in
account suspension and be immediately reported to
the appropriate authorities.
BACKUP OF DATA
Your use of the service
is at your sole risk. 21st Century Hosts is not responsible
for files and 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 21st Century Hosts . servers,
unless otherwise specified depending on the account
type.
CONFIDENTIAL INFORMATION
Nondisclosure of
Confidential Information. Each party acknowledges
that it will have access to certain confidential
information of the other party concerning the other
party's business, plans, customers, technology, and
products, and other information held in confidence
by the other party ("Confidential Information").
Confidential Information will include all
information in tangible or intangible form that is
marked or designated as confidential or that, under
the circumstances of its disclosure, should be
considered confidential. Confidential Information
will also include, but not be limited to, 21st Century Hosts
.’s Technology, Customer Technology, and the terms
and conditions of this Agreement. Each party agrees
that it will not use in any way, for its own account
or the account of any third party, except as
expressly permitted by, or required to achieve the
purposes of, this Agreement, nor disclose to any
third party (except as required by law or to that
party’s attorneys, accountants and other advisors as
reasonably necessary), any of the other party's
Confidential Information and will take reasonable
precautions to protect the confidentiality of such
information, at least as stringent as it takes to
protect its own Confidential Information.
Exceptions:
Information will not be
deemed Confidential Information hereunder if such
information:
(i) is known to the
receiving party prior to receipt from the disclosing
party directly or indirectly from a source other
than one having an obligation of confidentiality to
the disclosing party;
(ii) becomes known
(independently of disclosure by the disclosing
party) to the receiving party directly or indirectly
from a source other than one having an obligation of
confidentiality to the disclosing party;
(iii) becomes publicly
known or otherwise ceases to be secret or
confidential, except through a breach of this
Agreement by the receiving party; or
(iv) is independently
developed by the receiving party. The receiving
party may disclose Confidential Information pursuant
to the requirements of a governmental agency or by
operation of law, provided that it gives the
disclosing party reasonable prior written notice
sufficient to permit the disclosing party to contest
such disclosure.
PAYMENT
You agree to supply
appropriate payment for the services received from
21st Century Hosts in advance of the time period during
which such services are provided or as per the
payment terms of the service opted for, whichever is
applicable. You agree that all setup fees are
non-refundable once setup is completed.
All payments have to be
drawn in favour of M/s 21st Century Hosts..., payable at the
location of the office of 21st Century Hosts from where
the service is bought. 21st Century Hosts . shall not be
responsible for payments drawn in any other name or
location.
Payments are accepted
only in the form of crossed Demand Drafts, Cheques
or thru Credit Cards .
Charges for all
services are payable prior to the beginning of each
service period. Failure to pay in no way relieves
the Clients obligations to make full payment.
21st Century Hosts retains
full rights to charge for or alter specifications or
discontinue any of the services/ features offered
under the various schemes at any time, without any
prior notice.
It shall be our
endeavor to set-up the server with in 3 working days
of the receipt of completed form along with the
payment (realization). If however, there is a delay
for any unforeseen circumstances, the clients are
requested to kindly bear with us.Additional or
customized services are available at extra cost as
applicable and mentioned in the hosting scheme.
You accept that your
account may be temporarily or permanently suspended
without any prior notice or information to you in
any event of non payment from your side for any of
21st Century Hosts 's services
PRIOR AGREEMENTS
This agreement
supersedes any written, electronic, or oral
communication you may have had with 21st Century Hosts or
any agent or representative thereof, and constitutes
the complete and total agreement between the
parties.
SEVERABILITY
If any provision of
this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in
full force and effect and said provision shall be
reformed only to the extent necessary to make it
enforceable.
JURISDICTION
The laws of the
Republic of India shall govern this agreement
In any event of dispute
the area of Jurisdiction would be Nagpur only.
ACKNOWLEDGEMENT
By placing, hiring and
continuing to maintain or place information at 21st
Century Host's servers you are stating and acknowledging
that you have read the aforementioned terms and
conditions and that you understand such terms and
conditions and agree to be bound by them.
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