Terms and Conditions - 21st Thailand Web Hosting

Terms of Service

 

These terms and conditions will govern all matters that may possibly arise in relation to your access to 21st-thailand.com (Site) or use of its web hosting and related services being made available on or via 21st-Thailand.com (the Services), hereafter also referred as 21st Thailand, 21st Thailand Hosting, 21st Thailand Web Hosting, we, us, or our[s].

21st-Thailand.com in this Terms of Service includes the 21st-thailand.com domain owner, managing company or persons maintaining/running the website, third party service providers who provide their services on behalf of 21st-thailand.com, and other individuals who contribute to or are connected in any way with the running of 21st-Thailand.com.

The users of the Site and Services (hereafter also referred as client[s], customer[s], subscriber[s], you, your, he or she), or any agent, employee, servant or person authorized to act on Your behalf, shall consent to these terms and conditions for using any feature or services being offered or made available by 21st Thailand. If you do not want to give your consent, you may NOT use our Website and Services. As these terms are in English, if your English is not of a level where you fully understand this document, you should translate this entire page.
 
 
In plain English

This means that this policy is an agreement between 21st-Thailand.com and you (the client) and that it covers everyone and anyone connected with the operations of 21st-thailand.com and the services provided by 21st-thailand.com to you as the client.

* It shall be your responsibility to regularly visit this Page and stay up-to-date *

Please read to the very end of this agreement, as it is legally binding, whether or not you read it. Simply by continuing to use our services, or this website, you give your consent and full agreement to these terms.

Customer support is only available in English. This is because our servers are run by a Danish company, and all members of our technical team, support staff, and server team need to be able to read any support emails or tickets.

Agreement

Accessing the Site and Services or clicking I Agree, Sign Up, Subscribe or related syntaxes on any part of this website or interface of your device shall be deemed as your explicit consent to enter a binding agreement with 21st Thailand and connected parties, consisting of these terms and conditions (Agreement).

When you enter this Agreement, it shall be deemed that you are legally mature and otherwise competent to enter a binding agreement in your jurisdiction, and if you are not, accessing/using the Site and Services under the supervision and guidance of your legal guardians who have entered this Agreement. Anyone that accesses your account or contacts us from the main contact email is deemed to have your full authorization to act on your behalf (be careful to keep your details secure). However, minors of less than 13 years of age are not permitted to access the Site and Services. All activities without properly consenting to these terms and conditions shall be deemed as unauthorized access.

If you enter this Agreement on behalf of your company or business entity, it shall be deemed that you have all the rights and authority to enter a binding agreement on behalf of your company, and if you are not, take your personal responsibility to discharge all your obligation and liabilities that may arise from such unauthorized representation, disclosure of information, infringement of third party rights, or use of the Services.

21st Thailand Hosting reserves a right to determine or modify the process, procedures, policies, and guidelines (additional agreements) for using the Site and Services at any time. All these additional agreements are being incorporated into this Agreement by reference. These terms and conditions shall be deemed as part of your entire agreement with 21st Thailand.

When you use the Site and Services, it shall be deemed that you have all the necessary licenses or permissions that may be required in your jurisdiction to upload content, provide web activities, or use any feature or aspect of the Service being made available by 21st Thailand. You will also be liable if you do not hold such licenses.

The Services will be provided with standard configuration and it shall be your responsibility to configure the Services in accordance with your privacy, security, or operational requirements. Please acknowledge that hardware configuration may differ across server locations. We reserve a right to modify software configurations, or to replace or change host server hardware as and when necessary, without any obligations. It shall be your responsibility to reconfigure the Services as per your requirements. We also reserve the right to move servers to a new location, or country, or to move clients onto new servers that could possibly be in a new location or country at anytime to maintain operational efficiency (in most situations, we will normally only change servers if a data center is not performing well, or that the server needs to be upgraded, and we will try to keep disruptions to a minimum).

It shall be your responsibility to ensure that your hardware, software, or other components are compatible with required specifications for using the Services. We do not grant any kind of ownership or proprietary rights in equipment or any feature/aspect of the Service being offered by 21st Thailand.

Please acknowledge that third party/proprietary software may be part of the Service and it shall be your responsibility to ensure that you have obtained necessary licenses/user rights for using third party services. Third party services are subject to the terms and conditions of their respective providers. Using the Site and Services shall be deemed as your explicit consent to terms and conditions of our collaborating partners who contribute to the Services.

Limitation of Liabilities

21st Thailand – including all connected parties involved in the operation of the site and provided services – shall not be liable for any losses, damages, claims, or consequences, including but not limited to any direct, indirect, special, incidental, punitive, or consequential damages, loss of actual or potential business, revenue, savings, profits, goodwill, credibility, peace of mind or other intangible losses that may result to you or any third party in relation to (1) your ability or inability to use the Services being offered or made available on the website, (2) escalated cost of obtaining services from alternate sources, (3) any damage to person or property with regard to any product sold or otherwise distributed in connection with the services being offered on 21st Thailand, (4) unauthorized access to your account or personal information being held on 21st Thailand servers, (5) unsolicited behavior or activities by any subscriber, third party service provider, or other independent business entities on the Site and Services, including but not limited to any violation of third party rights, (6) any interruption of the Services due to technical limitations, maintenance requirements, deletion of data or files, or other circumstances beyond the reasonable control of 21st Thailand, (7) any other matter arising out of or related to your use of the Services being offered or made available on the Site and Services, irrespective of any non-performance, misrepresentation, tort, negligence or statutory responsibilities, or breach of contract by 21st Thailand even if the possibility of such damages or liabilities was already conveyed to it.

These limitations shall apply to the extent permitted in your jurisdiction. In any case, if we are liable for any misrepresentation, negligence of duty, non-performance, tort, breach of contract, restitution or otherwise, our liability shall never exceed the total amount that you paid to 21st Thailand for purchasing any subscription or using services being offered on this website or the minimum amount permitted under the applicable laws governing this Agreement, whichever is less.

All claims shall be initiated within one year from the cause of action, failing which, it shall be deemed that you have waived your right to claim any damages.

Backups and Data Loss

Your use of the service is at your sole risk. 21st Thailand Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate backups of files and data stored on 21st Thailand servers and/or 3rd party servers. Regardless of the cause of data loss, 21st Thailand is not in any way to be held liable for data loss or the financial losses caused by such data loss.

Domain Orders

As per ICANN guidelines, we will release our client information and use this client information or our company information with our domain registrar. Hence, your information is likely to be used as the Administrative, Billing, and Technical contact information for the domain that you purchase. You may contact support or sign into the client area at any time to update this information.

For the *FREE Domain offered with some hosting plans, only a standard priced domain up to $15 will be provided for free.

All account information submitted to 21st Thailand (also used for domain registration information for Registrant, Admin, Technical and Billing sections) must be 100% accurate and true per ICANN requirements.

If we believe or are informed by ICANN/the Registrar that you have submitted false or fabricated information, we will suspend any further access to your hosting account and you may lose your domain. It should also be noted that we use cookies (small files used in internet browsers) on our website, and record the IP addresses of clients accessing their account for security purposes. This information maybe provided to authorities should a client break the laws of Thailand, Singapore, the client’s website’s target country, or the client’s country of residence.

Domain orders should be processed immediately, unless you place a large order for many domains or choose to use the ‘Bank Transfer’ option for making the payment. The domain order will only be processed once payment has been completed. Domain orders where ‘Bank Transfer’ is the chosen payment method will not be registered until payment is completed and a member of staff has time to check the payment and process the order – in most cases, this will be within 4 hours of it’s payment completion (the speed at which a manual order is completed depends on staffing levels and customer service demands at the given time). Hence, if it is important that the domain be secured, we recommend a PayPal payment for instant registration. However, domain orders are not secure until you receive the email confirmation of domain registration. Due to internet connectivity issues, registrar issues, or server issues, a domain order may not always be applied instantly, even if paying with PayPal. Hence, if you are concerned and do not receive an email shortly after ordering and paying, please email us or open a support ticket.

Large orders or orders paid via bank transfer, or on the rare occasions when many people order from 21st Thailand at the same time, may result in a domain/domains names not being successfully registered or secured until the order is manually processed. The domain is only secured once you receive confirmation.

Therefore, if you do not receive immediate confirmation and the purchase of that particular domain is important to you or your business, please contact us immediately. 21st Thailand is not liable for any damages your business may suffer and makes no warranties of any kind, expressed or implied for domain services provided.

DOMAIN REGISTRATION OBLIGATIONS:

The domain registrar (the legal entity that controls domain names) requires you to verify ‘Domain Registrant’ contact information via email. Domains will likely be registered with the information provided in your main 21st Thailand client account – or may be updated to this upon renewal. If there is an issue with verifying a domain, the staff of 21st Thailand reserve the right to register and verify your domain under our company’s email address (this is not always offered, and is only done to prevent domain loss and/or manage billing). If you are acting as an agent on behalf of someone else, please use your personal information, or that of your client. The verification email you will receive is not from us. It will be titled “Important Notice Regarding Your Domain Name(s)” or “IMMEDIATE VERIFICATION required for [domain name]”, and sent from the domain registrar’s emails “donotreply@name-services.com” or “verification@namecheap.com”. Please be sure to click the link in the email to verify the information as soon as possible. The domain contact information MUST BE VERIFIED within 7 days for updates/reviews, or 15 days for new new domain name registrations. You may get this request upon registration, or renewal of the domain with us (as we randomly check and update account information). Hence, please keep your information up to date and confirm these requests as soon as possible. Not confirming could result in domain suspension, the contact information reverting to a previously verified contact, or in extreme cases the loss of the domain.

Verification of domain registrant is required by ICANN:
https://www.icann.org/.

Should 21st-Thailand come under new management/ownership (this is not planned), domain contact details may also require updating and additional verification in the future by the client. Hence, it is important to keep your information up to date, to check the registered information regularly, and to verify all valid domain verification requests sent from the above stated emails.

Domain Agent Authorization

By purchasing a domain with 21st Thailand, or transferring an existing domain to 21st Thailand, you give us the legal right to control all aspects of the domain[s] held in your 21st Thailand client account – such as to edit registration information, renew, suspend, and terminate domains – allowing us to manage the domain[s] on your behalf. However, in most situations, we won’t make changes unless requested to do so by the client or due to a legal issue (or as stated above; regarding management of billing). Moreover, the domain will be registered in fully in your name (previously registered domains should be reviewed by clients for registration accuracy every 6-12 months to avoid issues).

Disaster Recovery

should there be an issue contacting 21st Thailand (such as a natural disaster), you can claim access to domains registered in your name by contacting the registrar directly (or by using an agent to assist you). To do this, just complete this form: https://support.namecheap.com/index.php?/Tickets/Submit. It is important for you to keep your domain registration information updated at all times for this reason. The Registrant email will be set as a 21st Thailand email, but you can explain that you don’t have access to the email account. You should also have set your information for the ‘Admin Contact’ of the domains, giving you the right to administer the domain. Moreover, so long as you have kept regular website backups as we advise, and have forwarded/backed up your emails as we advise, you should be able to transfer your website and hosting without any major downtime.

DOMAIN RENEWALS – VERIFY THE CONTACT INFORMATION REGISTERED ON THE DOMAIN IS CORRECT.

It is your responsibility to check the domain is registered correctly with the appropriate details. The domain should be registered with your personal or company information, or that of whom you would like to give legal ownership. If you used an agent previously, or the domain was registered under 21st Thailand’s business details initially, you may want to update your contact information. This registration information can be checked at https://whois.icann.org/en (if you don’t use privacy protection) or in the 21st Thailand client area. It is important to make sure that domain registrant information is accurate, and to review it regularly (particularly upon renewal). 21st Thailand will normally set/reset the domain registrant’s email address to “info [@] 21st-thailand.com” for the purpose of managing renewals and billing. If you have any problems with checking or updating your domain, feel free to contact us.

If a domain is not renewed before it expires and a client then wishes 21st Thailand to recover the domain, a fee of 1000-8000 baht may be charged. This is due to registrar fees and the time spent by staff on the recovery process, as well as the fact that registrars sometimes impose recovery fees on expired domains, and hence, 21st Thailand would need to recoup these costs.

Tax & VAT

The target customers of 21st-Thailand.com are those based in Thailand, or who’s business is based in Thailand. We assume that all customers are based in Thailand personally or via their company setup and therefor do not pay VAT or other taxes outside of Thailand. If you are a customer, and need us to pay VAT in your jurisdiction outside of Thailand, or you need to pay taxes yourself, it is your responsibility to inform us and have this added to your invoice. If you do not, then should we be contacted for said taxes, it will be your responsibility to pay them (we will invoice you for any taxes owed, and any additional costs – such as penalties or legal fees). Simply put, you are liable for any taxes owed outside of Thailand. However, inside Thailand, we will pay any taxes due on our incomes as required by Thai law.

Invoices are only valid for tax if the invoice was emailed to the client, or downloaded from the client area at the time of payment. Invoices records displayed in your client account can not be used at any time, as these electronic invoice details can change (such as with ownership changes, company changes etc.). The information contained in the client account invoices is not preserved forever. If company details or invoice templates change, the client management system (WHMCS) will change all stored electronic invoices. Hence, invoices should only be downloaded at the time of billing and payment for tax purposes. Previously sent invoices may possibly be incorrect if downloaded from your client account at a later time.

Payments & Refunds

As a client of 21st Thailand, you accept that all payments via any form (including PayPal) are non-refundable. In exceptional circumstances, we may issue ‘account credit’ refunds, such as if our systems under-performed or failed. However, in no way should a payment be cancelled, reported, or recalled from by the client without prior consent from 21st Thailand. By raising a dispute with PayPal, you agree that the dispute should be resolved in favor of our website 21st-thailand.com and/or the company managing it. We will handle complaints fairly: this term of service is to protect us from fraud and incurring costs for customers that later try to cancel or recall the payment.

Support

All support is provided to clients without charge, but only that which is directly related to the website hosting package or registered domain[s]. This support is provided via Email or Support Tickets. Reply times may vary, depending on clients Support Request, situation urgency, details provided and sometimes other factors.

Account Access & Control Policy

When a new account is registered with 21st Thailand, the process requires the creation of customer records for the account.

If a person contacts 21st Thailand and requests access to a client account, hosting, or a domain registered with 21st Thailand, but presently doesn’t have access to the account (such as a forgotten password), 21st Thailand will grant access to the person after confirming his or her account ownership. Contacting us via the registered contact email or the client account shall be deemed as reasonably sufficient for such verification.

If you believe that this information has been obtained by someone or hacked, you must contact us immediately. We will only send information to the registered email. Should you not have access to this email account, you will need to prove your identity by providing the following information, as determined by 21st Thailand staff:

If you are unable to provide adequate proof of your account ownership, 21st Thailand will not give access or reset passwords unless served with a verified order of a court or Internet Corporation for Assigned Names and Numbers (ICANN), demanding 21st Thailand to grant access to your account.

By using our services, clients acknowledge and accept the aforesaid policies and procedures regarding access and control of user accounts (access and control policy). By consenting to our access and control policy, you also waive your rights to raise any claims (for damages, costs, or otherwise) or initiate proceedings (in the form of a lawsuit or otherwise) against 21st Thailand for your inability to access any user account.

Account Setup / Email on file

We will setup your account after we have received payment and the transaction has screened for fraud or unauthorized use of payment instruments. This process can take 1-12 hours, depending upon the information provided. In many cases, screening can be almost instant. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

For the *FREE Domain offered with some hosting plans, only a standard priced domain up to $15 will be provided for free.

Providing false contact information of any kind may result in the termination of your account. As the account details may also be used for domain registration, it is possible that the domain could be lost in the future should ICANN deem the information false. Hence, it is important to only use correct information.

Clients shall be legally responsible for any and all uses of their account, whether being used by them or any third party on their behalf. Should the account use compromise server security, the account holder will be liable for all violations of the terms of service. We advise using strong passwords, report any suspected breach immediately, and do not give access to any other parties.

Email

To ensure that all emails are received, please add info [at] 21st-thailand.com and support [at] 21st-thailand.com to your email white-list/safe-list. This will help to make sure emails are received. Renewals of domains, hosting, and other services will ONLY BE ADVISED VIA EMAIL. Hence, it is important to add these email addresses or to at least regularly check your spam folder.

It is also advisable to setup mail forwarding from your new email account to an email account that you regularly check. To do this, sign into Cpanel (yourdomain.tld/cpanel) and under the ‘Mail’ section, click ‘Forwarders’, then click ‘Add Forwarder’ and enter your email information. By adding mail forwarding to all emails hosted with us (these can all be forwarded to one easy to check email address), it is easier to keep up with you new business/website emails and also means that you have a backup of emails in the event of any serious issue occurs (such as accidentally deleting your emails, restoring a backup and accidentally deleting emails, server issues etc.).

Content

All services provided by 21st Thailand may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the United States of America, United Kingdom, Singapore, and Thailand apply to clients. The laws of the client’s residency or place of residence may also be applied to the client by local authorities. The customer agrees to indemnify and hold harmless 21st-Thailand.com, and any company or person connected with 21st-thailand.com, from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email info [at] 21st-thiland.com with the information. If the request involves a licensing issue, we may require further documentation.

Examples of unacceptable material on servers include:

If in doubt regarding the acceptability of your site or service, please contact us at support [at] 21st-Thailand.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. In the case of direct customers, your services will be terminated with or without notice. Such violations will be reported to the appropriate law enforcement agency.

It shall be your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When possible, you shall set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without any prior notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that causes our IP space being blacklisted will be suspended / terminated immediately.

21st Thailand reserves a right to disable any web site, account, database, or aspect of the Services that do not comply with its established policies unless necessary changes are made in compliance with the applicable policies and practices. 21st Thailand may make any such modifications at its sole discretion. 21st Thailand may charge a clean up fee for any account that is used to send any unsolicited e-mails. The clean up fee charge is entirely at the discretion of 21st Thailand.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers after this 30 days free period will incur a charge. Please contact 21st Thailand with specific details to receive a price quote.

Payment Information

You shall provide a valid payment instrument and consent to authorize advance payment for the services you are about to receive during the next subscription period. All subscriptions and service charges shall be billed in advance on a recurring basis until and unless you notify 21st Thailand of your desire to cancel any or all services.

All cancellations requests must be made in writing via Email or our client Support Ticket System. Once we receive your cancellation request and have confirmed all necessary information with you, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through email to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process is intended to reduce the chances of mistakes or fraudulent/malicious requests and make you aware that all files, emails, and content associated with the account will be removed immediately after a cancellation request is processed.

As a client of 21st Thailand, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. The email address provided to us as the main contact email must be kept up to date and checked regularly. It is also advised that clients set a calendar reminder for the dates of expiration of any services provided by 21st Thailand (such as hosting plans, domain names etc.). 21st Thailand provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.

21st Thailand reserves the right to change the payment amount and any other charges at any time.

Cancellations and Refunds

21st Thailand reserves a right to cancel your account at any time with or without any prior notice.

Abusing the Site and Services or using foul language against our staff in any media or manner will result in a suspension / termination of your account. You may also cancel your subscription at any time by sending a written request at support [at] 21st-thailand.com. Non payment of invoices will also result in suspension, later to be followed by cancellation and deletion of the account.

All subscribers who have paid their first invoice will be entitled to an unconditional 30-day money back guarantee on managed shared hosting. However, no refunds will be applicable on administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared accounts after the initial 45 days may be refunded on a prorated basis of any unused time at the sole discretion of 21st Thailand.

Only first-time accounts shall be eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

No refunds shall be admissible for the accounts that are canceled, suspended, or terminated for violating this Agreement.

Resource Usage
You should acknowledge and consent that you will not:

INODES

All user account shall be subject to a maximum of 50,000 inodes. Exceeding this limit may result in a suspension of your account. Accounts found to be using more than 50,000 inode will automatically be removed from our backup system to avoid over-usage. Please acknowledge that every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are not likely to be suspended, but accounts that constantly create/delete large numbers of files on a regular basis, have hundreds of thousands of files, or otherwise cause any damage to file system may be flagged for review and/or suspension.

Leaving catchall address enabled and not bothering to check your primary account mailbox may lead to excessive inodes usage. Over time, tens of thousands of messages (or more) may build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here

Bandwidth Usage

You will be allocated a monthly bandwidth allowance. This allowance may vary depending on the hosting package you purchase. In case you consume your allocated bandwidth before the end of current month, we shall be entitled to:

Unused bandwidth shall expire at the end of the current month and in no case carried over to the next month.

Suspention and Termination of Unpaid Accounts

Accounts that are not paid for on time will be suspended automatically after 10 days from the invoice due date. Failure to pay after 3 months from the date of suspension will result in the account being terminated. Once terminated, the hosting account (including emails, websites, and all other files) will not be recoverable. Hence, if you intended to pay after more than 3 months from the due date, please contact us so that we can provide you with temporary access to backup your website. We recommended all clients backup regularly regardless.

Missing payments and not providing a good contact email address that you check regularly could result in an account termination that you may miss, especially if you don’t check your website often. Please always check your contact information is up to date.

Uptime Guarantee

21st Thailand is committed to providing 99.9 percent uptime, but any physical downtime caused by your shared server hosting account will be excluded while determining this 99.9% uptime. If your uptime is less than 99.9 percent, you shall be entitled to a credit equivalent to one-month hosting, depending upon the web hosting package you have (1/12th of the hosting package’s price per annum). Approval of the credit is at the sole discretion of 21st Thailand.

Third party monitoring or service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

To request a credit, please contact support [at] 21st-thailand.com with justification. All requests must be made in writing via email. Uptime guarantee applies to only shared hosting.

A credit equivalent to your one month of your hosting package’s price shall be the sole remedy for any loss resulting from our failure to provide this uptime assurance. 21st Thailand or any connected parties (such as our data centers, owner, managing company, staff etc.) shall not be liable for any claim, liabilities, or damages to you or your clients for any loss of business. 21st Thailand makes no warranties of any kind, expressed or implied for the services provided.

Price Change

All prices, promotions, or special offers shall be subject to change at any time. However, the applicable price for hosting services from the date of your purchase will not be changed unless a price increase becomes necessary for providing the services (we try to keep prices the same for existing clients).

We reserve a right to change the prices listed on 21st-Thailand.com or increase the amount of resources applicable to listed plans at any time. We may also make occasional changes to the existing plans, subject to a maximum increase of 10% in a single calendar year.

Indemnification

You shall indemnify and defend 21st Thailand, its parent, partners, subsidiaries, licensors, service providers, affiliates, assigns, and each of their directors, officers, employees and agents (indemnified parties), holding them harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees that may arise out of or relate to:

Disclaimer of Warranties

21st Thailand disclaims all warranties, undertaking, conditions, or representations to the maximum extent permitted under the laws. This includes loss of data resulting from delays, no deliveries, wrong delivery, loss of data, data leaks, suspensions, and any and all service interruptions caused by 21st Thailand.

The Services are being offered on as-is and as-available basis without creating any kinds of implied guarantees arising out of or related to any course of dealing, usage, or trade practices involving the services being offered on this website. You shall use the Services at your own risks and discretion.

We do not claim that you will be able to register, renew, or transfer domain names in a hassle-free manner or within time. We hereby disclaim all warranties, whether express or implied, with regard to accuracy, authenticity, reliability, security, availability, merchantability, non-infringement, fitness for a particular purpose, or suitability of the Services as per your needs, preferences, or expectations. The representatives of 21st Thailand are not entitled to make any such claims which have not been clearly mentioned in this Agreement.

We do not claim that the Site and Services will be free from errors and omissions, technical limitations, viruses, malicious codes or scripts, infringements, or interruptions, and all such occurrences will be restored/corrected on time.

We do not claim that the content on the Site and Services, including but not limited to any views, reviews, suggestions, recommendations, information, material, service, or merchandise will be accurate, reliable, relevant, correct, complete, timely, available, or suitable as per your requirements or expectations.

We disclaim any and all kinds of special relationship or fiduciary duty regarding the Services being offered or made available on this website. 21st Thailand shall not be liable for your clients/subscribers who gain access to the Services, content that you or your clients may access, or how you or your subscribers interpret the content being made available through the Services.

We disclaim all warranties, undertakings, and representations with regard to the services being offered by third party service providers. Any warranty provided by such third parties to 21st Thailand shall never extend to you or your clients. Featuring third party trademarks or service marks shall never denote any kind of endorsement or recommendation for third party products and services.

This disclaimer shall apply regardless of whether the issue[s] was or was not caused by 21st Thailand, its employees, or any third parties carrying out work on behalf of 21st-Thailand.com.

Limitation of Liabilities – Reminder

21st Thailand – including all connected parties involved in the operation of the site and provided services – shall not be liable for any losses, damages, claims, or consequences, including but not limited to any direct, indirect, special, incidental, punitive, or consequential damages, loss of actual or potential business, revenue, savings, profits, goodwill, credibility, peace of mind or other intangible losses that may result to you or any third party in relation to (1) your ability or inability to use the Services being offered or made available on the website, (2) escalated cost of obtaining services from alternate sources, (3) any damage to person or property with regard to any product sold or otherwise distributed in connection with the services being offered on 21st Thailand, (4) unauthorized access to your account or personal information being held on 21st Thailand servers, (5) unsolicited behavior or activities by any subscriber, third party service provider, or other independent business entities on the Site and Services, including but not limited to any violation of third party rights, (6) any interruption of the Services due to technical limitations, maintenance requirements, deletion of data or files, or other circumstances beyond the reasonable control of 21st Thailand, (7) any other matter arising out of or related to your use of the Services being offered or made available on the Site and Services, irrespective of any non-performance, misrepresentation, tort, negligence or statutory responsibilities, or breach of contract by 21st Thailand even if the possibility of such damages or liabilities was already conveyed to it.

These limitations shall apply to the extent permitted in your jurisdiction. In any case, if we are liable for any misrepresentation, negligence of duty, non-performance, tort, breach of contract, restitution or otherwise, our liability shall never exceed the total amount that you paid to 21st Thailand for purchasing any subscription or using services being offered on this website or the minimum amount permitted under the applicable laws governing this Agreement, whichever is less.

All claims shall be initiated within one year from the cause of action, failing which, it shall be deemed that you have waived your right to claim any damages.

Arbitration

The parties to this Agreement shall consent to resolve all their disputes through mutual negotiations. By using any 21st Thailand services, you agree to submit to binding arbitration. If any disputes or claims arise against 21st Thailand or its subsidiaries, such disputes will be handled by an arbitrator of 21st Thailand’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.

The arbitrator should have rights to resolve any dispute on a class, collective, or representative basis or award any punitive or consequential damages. All arbitration shall take place on an individual basis. The parties shall waive their rights to class, collective, or representative action.

The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

All decisions rendered by the arbitrator will be binding and final, but the parties shall be entitled to move any competent court for enforcing the arbitration agreement or obtaining injunctive or other relief.

Communications

All declarations, notices, and communications between the parties shall take place through the electronic delivery system and deemed as written communication. The parties shall be obligated to promptly inform the other party about any change in their communication address, failing which the last known correspondence shall be deemed as official address for communication.

Changes to this Agreement

21st Thailand reserves a right to modify, add additional terms, or remove terms without notifying subscribers. We may modify or revise our policies at any time and without any prior notice. If this is not agreeable, please do not use 21st-thailand.com or any third party service connected to the 21st Thailand website.

Any changes to the TOS will be posted here on the 21st-thailand.com website under ‘Terms and Conditions’ and/or the ‘Privacy Policy.’The use of any services from 21st Thailand or connected 3rd parties will constitute the subscriber’s acceptance of modified Agreement, including the process, procedures, policies, and guidelines incorporated into this Agreement. It shall be your responsibility to regularly visit this Page and stay up-to-date.

End of Terms of Service Agreement

 


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