This Agreement is an agreement between Future Technologies Software Development and Marketing LLC. ("us," "we," "Future Technologies," or the "Company") and you ("Subscriber" or "you" and "your").
This Agreement sets forth the general terms and conditions of your use of the products and services made available by Future Technologies and through the Future Technologies website (collectively, the "Services").
By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
Your use of Future Technologies website and services is subject to the terms and conditions set forth in these Future Technologies Terms of Service (the “Agreement”). This Agreement explains
(i) what’s allowed when using our Services;
(ii) the rights you have as a user of our Services;
(iii) the rights Future Technologies has if you do something which is not allowed when using our Services; and (iv) many other important terms.
This Agreement is a legal contract between you and Future Technologies Software Development and Marketing LLC. and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
A. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
B. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
C. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Future Technologies, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
D. You acknowledge and accept that despite the security measures Future Technologies takes in connection with the Services, Future Technologies’ system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Future Technologies may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Future Technologies shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
Future Technologies do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Future Technologies also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Future Technologies Content"), are the property of Future Technologies or its licensors. No Future Technologies Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Future Technologies Content. Any use of the Future Technologies Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Future Technologies Content granted herein. All rights of Future Technologies or its licensors that are not expressly granted in this Agreement are reserved to Future Technologies and its licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Future Technologies that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
4.2 You acknowledge and agree that Future Technologies may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Future Technologies’ sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Future Technologies shall have no liability due to any corrective action that Future Technologies may take, including without limitation suspension or termination of Services.
4.3 You hereby grant to Future Technologies, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Future Technologies is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of Future Technologies Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with Future Technologies and utilize hardware and software that is compatible with the Services.
Future Technologies offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
To ensure uninterrupted service, Future Technologies Services will automatically renew on your renewal date. This section explains this process in more detail.
Future Technologies offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 year, 2 year, etc.). Even though we do not want you to, we know that one day you might want to leave Future Technologies.
This section describes Future Technologies’ refund policy for different services.
Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
If you purchase any web hosting service from Future Technologies and you do not find it suitable for your use, you may cancel the service within 30-Days of your term, you may receive a full refund of all basic hosting fees.
E-Learning courses are our third-party service that provide you access to more than 800 online courses from 32 different categories. If you subscribe to any of the e-learning course or bundle pack, you can cancel it within 7 days of your term, you may receive the refund as pe the below terms:
|Payment Method||Refunf Method||Refund Time (After Return Is Received)|
|Credit Card||Credit Card||Up to 14 business days|
|Online Debit Account||Online Debit Account balance||3-5 business days|
Your refund request will be processed instantly. However, it may take 2-3 business days for it to display on your credit card statement.
The refund will be issued in your local currency and will be calculated with the same rate used when you placed your order.
Third Party Services. Future Technologies is a reseller or licensor of certain third-party products and services (collectively, "Third Party Services") including without limitation as sold through the Future Technologies Marketplace (the "Marketplace"). Your purchase and use of Third-Party Services are generally subject to the applicable third party's terms and conditions. Future Technologies is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third-Party Services either sold, licensed or provided by Future Technologies to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Future Technologies obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third-Party Services are limited to those rights extended to you by the manufacturer of such Third-Party Services. You are entitled to use Third Party Services supplied by Future Technologies only in connection with your permitted use of the Services unless otherwise expressly provided.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Sharjah, United Arab Emirates. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Future Technologies website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Future Technologies exercises no control over, and accepts no responsibility for, the content of the information passing through Future Technologies 's host computers, network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” FUTURE TECHNOLOGIES AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “FUTURE TECHNOLOGIES PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE FUTURE TECHNOLOGIES PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE FUTURE TECHNOLOGIES PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY FUTURE TECHNOLOGIES OR FUTURE TECHNOLOGIES REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. FUTURE TECHNOLOGIES DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. FUTURE TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD-PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR FUTURE TECHNOLOGIES IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
11.2 LIMITATION OF LIABILITY.
FUTURE TECHNOLOGIES SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE FUTURE TECHNOLOGIES PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF FUTURE TECHNOLOGIES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUTURE TECHNOLOGIES' LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUTURE TECHNOLOGIES FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, FUTURE TECHNOLOGIES’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless the Future Technologies Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Future Technologies Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from Future Technologies' own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Future Technologies and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Future Technologies and you.
13.1 A party who intends to seek arbitration must first send written notice to Future Technologies Legal Department of its intent to arbitrate ("Notice"). The Notice to Future Technologies should be sent by any of the following means: (i) electronic mail to email@example.com; or (ii) sending the Notice by Postal Service certified mail to Future technologies, Attn: Legal Department, Sharjah Media City, Sharjah, United Arab Emirates, P.O.Box 515000. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Future Technologies may commence an arbitration proceeding.
13.2 In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Future Technologies will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure, then the payment of arbitration costs shall be governed by the Arbitration Rules. In such case, you agree to reimburse Future Technologies for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Future Technologies shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
13.3 You agree that, by entering into this Agreement, you and Future Technologies are waiving the right to a trial by jury.
13.4 If you initiate litigation or any other proceeding against Future Technologies in violation of this section, you agree to pay Future Technologies’ reasonable attorneys’ fees incurred in connection with its enforcement of this section.
13.5 The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
13.6 ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR FUTURE TECHNOLOGIES MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Future Technologies and Subscriber are independent contractors, and nothing contained in this Agreement places Future Technologies and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
15. Headings. The headings herein are for convenience only and are not part of this Agreement.
16. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
17. Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
18. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
19. Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Future Technologies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Future Technologies may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
20. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
21. Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement.