Terms of Service, Web Hosting

123-Web-Host, a division of BASIC Networks Corp., provides web hosting to many clients, and it has a responsibility to protect each client to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Services Provided by 123-Web-Host
123-Web-Host will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow 123-Web-Host customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. 123-Web-Host customers will use the provided Services in a manner consistent with all applicable State and Federal laws. 123-Web-Host will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, 123-Web-Host may immediately terminate Customer's account(s) without notice. 123-Web-Host will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

All services provided by 123-Web-Host of BASIC Networks Corp. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any or United States Federal, State or City, or any International laws is prohibited. This includes, but is not limited to: copy righted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless BASIC Networks Corp. from any claims resulting from the use of the service which damages the subscriber or any other party.

I l l e g a l p o r n o g r a p h y is prohibited on all our servers. This includes equally sites that link to such content.

If you are unsure whether or not your site falls into this category feel free to contact us with a description before signing up for an account or publish material as an existing customer.

BASIC Networks Corp. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to BASIC Networks Corp. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
i l l e g a l p o r n o g r a p h i c sites (such as c h i l d p o r n)
Violations of Copyrights
Hacker programs or archives
Warez sites
Hate propaganda

Spam is a direct violation and will get the site deleted without notice or refund. Selling of software and or bulk email addresses is not acceptable on our servers. Spamming WILL get your account terminated.

MP3 and other types of sites designed for downloading of material by a mass user group. This includes but is not limited to, Music, video, audio, Software or Freeware or Shareware, Free Images and backgrounds, and anything else that makes it an excessively high bandwidth site with the sole purpose to distribute freely products for download.

BASIC Networks Corp. will be the sole arbiter as to what constitutes a violation of this provision.

Disk Space and Client Content: Single-domain hosting accounts: 123-Web-Host offers various single-domain hosting accounts. Neither disk space nor bandwidth can be increased. We reserve the right to not host any single website that consumes over 700 MB of disk space. Each plan has a 15,000 file limit. Single-domain accounts are to be used by the primary owner only. Single domain account holders are not permitted to resell web-hosting services of their website to other parties, however, owners of any multi-domain or reseller plan (starting with the "Six-in-One" plan) are welcome to resell. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of 123-Web-Host or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to 123-Web-Host or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. 123-Web-Host will be the sole and final arbiter as to what constitutes a violation of this policy.
Bandwidth Usage: 123-Web-Host offers various plans with various data transfer allocations per month. All single-domain plans have a 2 GB daily limit and all multi-domain and reseller hosting plans have a daily 15 GB limit. Monthly limits are listed in the plan details for each hosting plan. Bandwidth is calculated on a recurring 30 days. Single sites that use over 2 GB per day will automatically be disabled. Bandwidth cannot be combined with multiple plans. We reserve the right to not host any website that consumes over 30 GB per month.
Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes over 2GB/day or 30 GB/month of bandwidth is also considered "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. 123-Web-Host will be the sole and final arbiter as to what constitutes a violation of this policy.
MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and 3,600 connections per hour.
No "Spam": UCE/UBE or "Spam" originating from a 123-Web-Host account, or associated with a 123-Web-Host account, is not tolerated. This includes any e-mail that promotes web sites hosted on a 123-Web-Host account but is sent from an e-mail address not associated with that 123-Web-Host account. Client shall not use their 123-Web-Host services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. 123-Web-Host reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $140 clean up fee if an account was suspended for policy violation. There is a 2000 Email limit that can be sent out within a 24 hour period.
False Information: False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact 123-Web-Host concerning unethical, false or unlawful activities by you, 123-Web-Host reserves the right to terminate your service without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: 123-Web-Host will make every reasonable effort to protect and backup data for Client on a regular basis, however 123-Web-Host does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of $100 for our Administrator to retreive client's individual back-up files. (We like to encourage you to make your own backups — our plans allow you to do so from the hosting control panel.)
99.9% Uptime: BASIC Networks Corp. have a 99.9% average uptime across the entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the 123-Web-Host servers remain unaffected and uninterrupted, thus contributing to our overall uptime.
Domain Name Registration: 123-Web-Host uses eNom for domain name registration. All listed registration and transfer fees are annual fees. (Note that domains do not need to be transferred to our registrar for the sites to be hosted with 123-Web-Host.) We reserve the right to refuse services to anyone engaging in what is generally known as "domain hijacking."

Right to Refuse Service
At its sole discretion, 123-Web-Host has the right to refuse any and all service or services to any applicant, customer, client whether it be an individual or legal entity.

Payment Obligations, Renewals, and Cancellations

Payment Obligations: Full payment is required in advance, before hosting service is established. You grant 123-Web-Host the right to debit the credit card or bank account via our online billing services 2CheckOut, SWREG, or PaySystems, depending on the form or payment and currency you choose to pay in. You will be billed until the service is cancelled by you in writing (e-mail or FAX) or is cancelled by 123-Web-Host according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that 123-Web-Host may require) is accurate and truthful. All payment-due notices will be send by electronic mail by 2CheckOut, SWREG, or PaySystems. No bills or invoices will be sent by postal mail or FAX. If payment was not received by the renewal date, your account will be suspended within 10 days after payment due date. Any suspended account will be terminated within 15 days after payment due date if no payment is received within this time.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to 123-Web-Host two (2) days before the renewal date that you do not wish to renew such account.
Cancellation: You may cancel at anytime. To cancel an account, send a short e-mail message with your name, username, and account password to: sales@123-web-host.com or fax the same (see Contact Us page for FAX numbers). If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation; this includes the charges for the then current hosting period. All cancellations must be received in email or FAX as per the deadlines indicated by e-mail or FAX. Cancellations will be processed by our staff on a daily basis.

Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding possible setup fees and additional services. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

Disclaimer of Warranty
You agree to use the Services and any information obtained through or from 123-Web-Host at your own risk. You acknowledge and agree that 123-Web-Host exercises no control over, and accepts no responsibility for, the content of information passing through 123-Web-Host's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. 123-Web-Host MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. 123-WEB-HOST MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. 123-WEB-HOST EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY 123-WEB-HOST. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY 123-WEB-HOST PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

123-Web-Host is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of 123-Web-Host. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by 123-Web-Host.

Limitation of Liability
You agree that 123-Web-Host will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to 123-Web-Host at the time) which may exist in the Services or in 123-Web-Host's equipment used to provide the Services.

Under no circumstances will 123-Web-Host be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. 123-Web-Host will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to 123-Web-Host's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, 123-Web-Host's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Indemnification
Customer agrees to indemnify, defend and hold harmless 123-Web-Host, its officers, directors, employees, shareholders and agents 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 arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure
123-Web-Host will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Disclosure of Customer Information and Legal Process
Although 123-Web-Host maintains strict confidentiality on Customer's information, there are certain exceptions in which 123-Web-Host may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. 123-Web-Host has no obligation to notify Customer about whom the information is sought or that 123-Web-Host has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

Governing Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree to submit to personal jurisdiction in the state of BASIC Network Corp.'s incorporation, and the agreement shall be governed by the law of that state. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

Assignment
Customer will not have the right to assign this Agreement without the prior written consent of 123-Web-Host.

Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

Violations of these Acceptable Uses Policies and Terms of Service should be referred to:
support@123-web-host.com.

Examples of unacceptable content or links:

All complaints will be investigated promptly.

Serious violations of terms or conditions can be ground for immediate account deactivation without refund.