1. Provision of services
 

1. Service means - ANY act of serving the ACCOUNT HOLDER, being provided by 123hosting.com, regardless of its duration and whether it's a paid service or a service for free.
2. Without limiting the scope of item 1.a. above, 123hosting.com will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
3. 123hosting.com Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by 123hosting.com These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
4. For existing customers only, 123hosting.com may, with 30 days notice, amend the fees and/or charges for any future server usage and services.
5. Be advised that upon registering a domain name with InterNIC you will be subject to the Terms and Conditions of InterNIC or other registries as applicable.

2. Use of Material

1. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using 123hosting.com services. ACCOUNT HOLDERS may also redistribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
2. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using 123hosting.com services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

3. Use of Services
 

1. The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.
2. The ACCOUNT HOLDER agrees to use the services provided by 123hosting.com as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any 123hosting.com policy.
3. 123hosting.com reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.
4. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at 123hosting.com The ACCOUNT HOLDER represents and warrants to 123hosting.com that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -
   
    
   1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
   2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold 123hosting.com, and any third party entities related to 123hosting.com, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
      • The ACCOUNT Holder's breach of any of the forgoing representations and warranties, or
      • any other third party claim with respect thereto.

   
    

5. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of 123hosting.com 123hosting.com may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that 123hosting.com deems to be in violation of Section (3d.) of these Terms and Conditions.
6. 123hosting.com accounts cannot be transferred or used by anyone other than the subscriber. ACCOUNT HOLDERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
7. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.

4. Indemnification
 

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify 123hosting.com, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, from any claims, including attorney's fees, resulting from the ACCOUNT Holder's use of 123hosting.com's services.

5. LIMITED LIABILITY
 

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL 123hosting.com BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF 123hosting.com'S SERVICES, EVEN IF 123hosting.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 123hosting.com'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF 123hosting.com'S SERVICES.
2. The ACCOUNT HOLDER acknowledges that 123hosting.com makes an honest effort to keep the information available on 123hosting.com's systems accurate. However, 123hosting.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through 123hosting.com is at the risk of the ACCOUNT HOLDER.
3. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. 123hosting.com has no ability or authority over the material. 123hosting.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through 123hosting.com services is at the risk of the ACCOUNT HOLDER.
4. The ACCOUNT HOLDER understands, agrees and acknowledges that 123hosting.com makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, 123hosting.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. 123hosting.com specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through 123hosting.com, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.

6. Payment of fees and penalties
 

1. The 123hosting.com accounting cycle begins on the date when customer signs up of each month. Charges for terminating accounts are not prorated.
2. Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day customer signs up via fax.
3. The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended.
4. Payment is due at beginning of each accounting cycle.
5. Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
6. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. 123hosting.com accounts continue to accrue charges while they are on hold.
7. There is a service reconnection charge equal to one half the currently charged setup fee to remove accounts from accounting hold status.
8. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
9. There is a US$20.00 service charge for each check which is not honored.
10. Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment.
11. The ACCOUNT HOLDER will be charged for excessive bandwidth and disk space usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. 123hosting.com has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

7. "NOT-TO-RENEW" Requests
 

1. This agreement will commence upon the ACCOUNT Holder's acceptance of it and continue on a month-to-month basis.
2. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for 123hosting.com accounts must be given via an email to billing@123hosting.com with the username/password of the account requested to be cancelled. Such requests must be received by 5PM Pacific Standard Time on the last day of each month, in order to be processed by the end of the same month.
3. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY - "NOT-TO-RENEW" requests for 123hosting.com accounts must be given via an email to billing@123hosting.com with the username/password of the account requested to be cancelled. Such requests must be received by 5PM Pacific Standard Time 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
4. All 123hosting.com accounts must be paid in full before the transaction will be considered complete.
5. Cancellations will NOT generate ANY refund.

8. Abuse of Services
 

1. Any use of 123hosting.com system resources that disrupts the normal use of the system for other 123hosting.com customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, 123hosting.com forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.
2. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by 123hosting.com Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with 123hosting.com Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. ACCOUNT Holders who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Account Holder.
3. Unethical and criminal offenses are violations of 123hosting.com conditions of use. You are expected to report to 123hosting.com any information you may have concerning instances in which the conditions of use have been or are being violated. When 123hosting.com becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, 123hosting.com may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge $50US.

9. IP Addresses

123hosting.com maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

10. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with 123hosting.com, either in whole or in part, without the prior written consent of 123hosting.com 123hosting.com may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of 123hosting.com's assets or other corporate reorganization.

11. Governing Law/Severability

Any Agreement, arising from the business relationships between 123hosting.com and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of Ontario (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in Ontario (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

12. Age of Majority

123hosting.com cannot accept agreements and payments from persons under the age of 18 years. Therefore, 123hosting.com requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

15. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and 123hosting.com, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by 123hosting.com