legal agreements and policies

8/6/2019 Legal Agreements and Policies

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9 Thaxted Road, Saffron Walden, Essex, CB11 3AATel: 0844 686 9852 • Fax: 0844 686 9853

www.123com.org • [email protected]

Date of print: 01/03/2012 Version 2.05 of 12

Legal Agreements and Policies

“Quick Reference Guide” of service requirements:

We’ve provided this ‘quick reference guide’ of some of the most common questions that come up

regarding our legal policies. This is not a complete list of all our policies, and this summary does not

serve as a replacement for reading to and agreeing to our terms and conditions, acceptable usepolicy or privacy policy.

Before you can order any services from 123COM Website Hosting, you are required to read in full and

agree to our Terms and Conditions, Acceptable Use Policy and Privacy Policy.

Payment must be received by 11:59pm (GMT) on the day invoices are due.

The minimum contract period is one (1) month.

You may cancel this agreement at any time, but no refunds will be made.

In the unlikely event that you do wish to cancel this agreement, we will do our very best to

assist you with moving any domains registered for you by 123COM Website Hosting onto

your new host. We do not permit IRC on our network.

123COM Website Hosting respects the privacy and security of its customers and users of its

website. However, we may need to disclose your information to other companies in order to

process and/or provide services ordered, such as domain names. Full details of how we

collect, use and disclose your information is available in our privacy policy.






Terms of Service

1. General Terms

The following Terms of Service, Acceptable Use Policy and accompanying policies (collectively the“TOS”, “contract” or the “Agreement”) constitute a binding, legal agreement between 123COM (The

“Company”, “us” or “we”) and the customer (the “Customer” or “you”) which shall govern the terms

and conditions of services provided by the Company. The Company agrees to provide services to the

Customer in accordance with the terms and conditions set forth in the Agreement.

1.1 Definition of Terms. All services provided by 123COM are henceforth referred to as the “Service”.

All accounts, whether they be shared web hosting, server management, or any other product or

service offered by 123COM, are governed under the Agreement and subject to all terms and

conditions. In all parts of the Agreement, singular refers to plural and masculine refers to feminine as

applicable.

1.2. Modifications to this Agreement. We reserve the right to change the Agreement at any time, inwhole or in part, at any time. Where you disagree with the updated agreement, you will be able to

cancel and terminate services at the end of your current billing period. If you reject the updated

agreement and fail to contact us within seven (7) days giving notice of your rejection in writing, it will

be assumed that you acknowledge and agree to the updated Agreement and agree to be bound by

the updated terms. You acknowledge that any changes or modifications shall not constitute grounds

for non-payment.

1.3. Transfer of Rights and Assignation. Under no circumstances shall the Customer transfer their

rights under this agreement to any other individual or third-party without the direct written consent of

the Company. The company shall be entitled in its absolute discretion to assign the whole or any part

of this agreement.

1.4. Severability. Every provision set out in a separate paragraph will be construed as a separate and

independent provision severable from all or any of the other provisions. The headings are for

convenience only and will not affect the validity or construction thereof.

1.5. Accepted Methods of Notification. Where you are required to give notice to us under this

agreement, all notifications must be made in writing and delivered either via our online members’

area, by sending a support ticket to the cancellation department. Notification given in any other form,

for example, over the telephone or informal email to an employee or company director will not be

accepted.

1.6. Jurisdiction. This contract and agreement shall be governed and construed in accordance withthe Laws of England, United Kingdom, and the parties submit to the non-exclusive jurisdiction of the

Courts of the said Country.

1.7. Timeframes. All dates and times are given in good faith but no liability is accepted for damage or

loss caused by delay.

1.8. Limitation of Liability. Neither party shall be liable for any indirect, incidental, special, punitive, or

consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for

any damages whether in contract or delict will not exceed the fees which you have paid to us or are

payable to us for this order, and if such damages result from your use of the software or technical

support, the liability shall be limited to the fees paid or payable for the software or technical support.






2. Order Acceptance

2.1. Request for provision of services. 123COM, as a company dealing in online ecommerce, makes

available to you an order form for the purpose of ordering services. During the order process, you will

be assigned a unique order ID and your payment will be taken and/or your payment details stored.This does not constitute acceptance of your order. Your order is only accepted when you receive an

email or other communication from us informing you that your order has been accepted and your

service is now in the process of being provisioned. Your order may be rejected at any point prior and

for a period of up-to twenty-four (24) hours following this, in cases where we believe your order

represents too high a risk, we do not have the stock to fulfil your order or where you placed the order

improperly - for example, ordering a service with a promotion (including coupon codes or other

automatic discounts) which has expired. The company will be the sole judge in deciding what

constitutes placing an order improperly.

2.2. Proof of identity and payment. As 123COM operates in industries with high-fraud risks, we

perform extensive checks on all orders. These checks are carried out in full compliance with our

privacy policy. 123COM will refuse and refund orders where we deem the order to be too high a risk,

where we believe the documentation or details provided are not legitimate. 123COM co-operates fully

with local and international law enforcement agencies and reports all instances of fraud or suspected

fraud.

2.3. Substitution and upgrades. Due to parts availability or other concerns, when you order a service

from 123COM, the entire service or components of the service purchased may be replaced and/or

substituted for components of equal performance or value. Components may also be upgraded with

components which are of greater value and / or represent faster or improved performance. Where we

decide to upgrade or substitute all or part of your service, there will be no change to the monthly fee

or setup fees charged. The company will be the sole judge as to what constitutes ‘equal performance

or value’. The service specification listed on our website and/or in any advertisement should beconsidered the minimum specification which 123COM will provide where an order has been placed by

you and accepted by us.

2.4. Incorrect or Inaccurate Information. We endeavour to make all the information on our websites

and in our advertisements as accurate as possible. 123COM however does not warrant that the

information provided is complete, reliable, current, or error-free. If an error is found within fourteen

(14) days of accepting your order, we will contact you as quickly as possible and allow you to either

cancel your order or re-confirm your order with the correct information. Where we do not receive a

response from you within seventy-two (72) hours, we will cancel your order and refund you via the

means payment was taken.

2.5. Contract Period. Unless otherwise agreed in writing, all services are provided on a month tomonth basis. The minimum contract period is one (1) month. The contract and billing period start from

the date the service is ordered by you from us.

3. Billing and Refund Policy

3.1. Payment Policy. All fees for Service provided by the Company are due in advance on the first day

of each billing cycle. An invoice for Services due will be generated on your account and dispatched to

your primary account e-mail address approximately five (5) days prior to your actual due date. Within

those five (5) days, the Customer must login to the billing centre and make full payment of all due

amounts. It shall be the Customer’s responsibility to ensure that full payment is received prior to the

designated invoice due date. Reminder invoices and/or notices are not guaranteed.

All invoices must be paid in full not later than 11:59 PM GMT on the designated invoice due date. If

we do not receive full payment on any given invoice before the designated invoice due date, the






Customer’s account will become delinquent. All delinquent accounts are subject to immediate

suspension or disconnection of all provided Services, not just the Service that is past due or

delinquent. Any account that remains delinquent for more than twenty-four (24) hours following

suspension or disconnection of services is subject to immediate cancellation of all Services provided.

In the event of cancellation for non-payment, all Services provided by 123COM will be terminated,and all associated data will be permanently lost. The customer acknowledges that 123COM is not

responsible for any damages or losses due to cancellation for non-payment.

All invoices that remain unpaid after seven (7) days of the designated invoice due date will be referred

to our collections agency. The collections agency used by 123COM may vary from time to time. If civil

litigation is deemed necessary to collect a past due balance, the Customer agrees to pay all of our

court and solicitors fees, in addition to the collections fee, original amount due, and any reconnection

charges. The Customer agrees to a place of venue of the Company’s choosing.

3.2. Refunds Policy. Except as specified elsewhere in this agreement, all payments to 123COM are

final and non-refundable. This includes the one-time setup fee and all subsequent charges or fees

regardless of usage. Refunds will be made where we are legally obligated to do so. We may also

provide refunds at our discretion. If you believe you have been overcharged or falsely billed, you must

communicate these concerns to our Billing Department within twenty-eight (28) days of such

overcharge or false billing.

3.3. Bank Assisted Disputes (“Chargeback”), Payment Disputes or Payment Reversals. Initiation of

any complaint or Bank Assisted Dispute (chargeback) against us constitutes a severe breach of this

agreement. A “complaint or chargeback” shall be defined as initiating any form of complaint or

chargeback with PayPal, your credit card issuer or bank. Upon receipt of a complaint or chargeback,

or threat thereof, 123COM will immediately suspend or disconnect all Services provided to the

Customer. If we do not hear from you within twenty-four (24) hours of such suspension, we will

immediately cancel and terminate all Services provided, not just the Service that is being disputed.We will then initiate proceedings with our collections agency to collect and recover the full amount for

services. Please note that threats of a complaint or chargeback will be treated the same as an actual

complaint or chargeback

4. Cancellation Policy

4.1. Cancellation Policy. You may cancel your Services with 123COM at any time by providing the

Company with not less than five (5) days prior written notice of your intent to cancel Services. All

cancellation requests must be submitted to us via our online ticketing system, must be submitted to

the billing department, and must contain all information requested. Cancellation requests received not

meeting these conditions will not be accepted.

We must emphasize that if you do not cancel a Service at least five (5) days prior to your next

scheduled due date for that Service, it will be assumed that you intend to renew the Service for an

additional billing cycle, and you will be responsible for payment of the next generated invoice

We may at our discretion accept cancellation requests less than five (5) days prior to your next

scheduled renewal date.

Cancellation requests after the first 7 days of service must be received at least five (5) days prior to

your “monthly” renewal date. If cancellation of service is not done (5) days prior to your “monthly”

renewal date, you will be billed the following month and every month, including any late fees,

thereafter until we receive the proper cancellation notice as outlined above. The date you send your

cancellation is the date your account will be cancelled.






Our billing system is automated and cancelling your PayPal or Credit Card subscription may result in

immediate cancellation of your hosting account regardless of any remaining time left that you have

pre-paid for. Once your account is cancelled, there is no way to retrieve your data. Please backup you

data before you cancel.

5. Uptime/SLA Agreement

5.1. Service Level Agreement. 123COM guarantees at least 99.9% network and power uptime. This

excludes scheduled maintenance, reboots, self-inflicted downtime, acts of God, backbone issues,

DDoS attacks, hardware failure, downtime on individual servers, service failures, labour strikes, or

other conditions out of the company’s control. In the unlikely event that we fail to meet our network

uptime guarantee, we will issue a prorated credit to your account to be credited to your next invoice.

6. Support Policy

6.1. Sales, Billing and Network Support. All services provided by the company to the customer are

“unmanaged”. The company is not obligated to assist or provide technical support for any softwareissues. The company will have the sole decision on what constitutes a software issue. For the

purposes of sales questions, billing enquiries and technical support related to the server hardware or

network, the company provides access to a support helpdesk, accessible from our support site. Any

Customer requiring assistance beyond our normal support policy will be notified that the request falls

outside our normal support policy.

6.2. Support Abuse. Abuse or disrespect directed towards our staff or network staff will never be

tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find

offensive, you will be considered in severe breach of this agreement. Violations of this policy carry

heavy penalties including, but not limited to, warning, extended suspension or disconnection of all

Services provided, or cancellation of all Services provided. Prior to un-suspension or disconnection of

a Service suspended or disconnected for violation of this policy may be subject to an “Administrative

Charge” of £25.00. As per this agreement, no refunds will be offered in the event that cancellation is

considered.






Acceptable Use Policy

This “Acceptable Use Policy” or “AUP” of 123COM applies to all divisions, subsidiaries, affi liates and

identities used by 123COM and references hereinafter to 123COM. This AUP is designed to provide a

clear understanding of the rules, regulations, and restrictions on the use of the Services, Servers, andIP Addresses of 123COM. We may, from time to time at the sole discretion of 123COM, impose rules,

regulations, or restrictions not expressly stated in this AUP on the use of the Services, Servers, and

IP Addresses. We may further, from time to time at the sole discretion of 123COM, modify this AUP

and such modification shall become immediately effective upon posting of the modified AUP to our

website or by notification to you of the modified AUP. This AUP is not exhaustive.

123COM provides Internet World Wide Web page hosting, Marketing, and Development. 123COM

has certain legal and ethical responsibilities consisting with the use of its server and equipment

involved in these services.

123COM general policy is to act as a provider of Internet presence. 123COM reserves the right to

suspend or cancel a customer’s access to any or all services provided by 123COM when we decide

that the account has been inappropriately used.

Overview

We do not allow the following: Any account(s) found breaking our policies will be removed and

cancelled without notice.

Spamming (sending unsolicited email or posting messages to irrelevant UsetNet newsgroups that do

not explicitly allow advertising, with references to a site hosted on our servers)

Sites encouraging illegal activity or racism, sites providing instructions or performing illegal activities.

Any site conducting illegal activities and / or copyright infringements.

Violations and attempted violations of system & network security. Or any type of tampering with the

system with the purpose to inflict harm.

Peer to Peer / Portal and upload and download type sites related to hacking and warez.

Specific Violations of This AUP (not an exclusive list): Advance Fee Fraud, Child Porn Site, Child

Porn Email, Copyright Infringement, Cracking, Forgery, Fraud Site, Hacking, HYIP Site, ID Theft,

Infection, Invalid Hostname, Open Relay, Pharmaceuticals, Phishing, Proxies, Proxy Hijack, ROKSO,

SORBS, Spam, Terrorist Site, Wares.

Any account found breaking our policies will be suspended or terminated immediately.

Account Setup & Email on file

We will setup your account after we have received payment and we and/or our payment partner(s)

have screened the order(s) in case of fraud. 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 to do so. It is YOUR responsibility

to ensure the email address on file is current or up to date at all times.






Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of 123COM is strictly prohibited.

Unauthorized use of other people’s accounts or computers. 123COM will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts

include “Internet scamming” (tricking other people into releasing their passwords), password robbery,

security hole scanning etc.

Any unauthorized use of accounts or computers by a 123COM customer, whether or not the attacked

account or computer belongs to 123COM, will result in action against the attacker. Possible actions

include warnings, account suspension or cancellation, and civil or criminal legal action, depending on

the seriousness of the attack.

IMPORTANT NOTE – 123COM has the right to discontinue service, or deny access to anyone who

violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR

NOTICE. No refunds of fees paid will be made if account termination is due to violation of the termsoutlined below.

Shared server accounts are limited in use of the amount of server resources. Shared server resource

abuse includes any process or service usage that affects normal shared server operation, resources

or connectivity, and which causes a server to become overloaded. Shared server resources include

CPU and memory usage, number of concurrent processes, number of concurrent port or database

connections and total bandwidth. Possible causes of server resource abuse include, but are not

limited to, the improper use of: CGI, Perl, Sendmail, MySQL, PHP, COLDFUSION, HTTP, SMTP,

POP3 and FTP.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but

are NOT limited to: Bulk emailing, unsolicited emailing’s, newsgroup spamming, illegal content,copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or

anything else determined by 123COM to be unacceptable use of 123COM ‘s services including abuse

of server resources.

To maintain the quality of our bandwidth and servers, we do not tolerate violations and attempted

violations of system and network. We do not allow mini download sites, warez sites, or proxy sites.

Any accounts that have more than 50,000 inodes are deemed to be a potential harm to the servers,

and will be deleted without notice.

Shared hosting accounts may be terminated that include the following content or which have links to

the following content: Providing material that is grossly offensive to the Web community including

blatant expressions of bigotry, racism, hatred, or profanity. Promoting or providing instructional

information about illegal activities, or promoting physical harm or injury against any group or

individual. Displaying material containing obscene nudity or pornographic material. Displaying

material that exploits children under 18 years of age. Acts of copyright infringement including offering

pirated computer programs or links to such programs, information used to circumvent manufacturer-

installed copy-protect devices, including serial or registration numbers for software programs, or any

type of cracker utilities.






Abuse of Unlimited Features

When we say unlimited domains, unlimited disk space and unmetered bandwidth, of course there are

terms & conditions that you must adhere to. This means unlimited webpages, domains and web

graphics, not downloads or streaming media. Our servers are shared hosting servers and memoryand CPU usage is not unlimited. CPU intensive files are not permitted on our servers and accounts

may not to be used to host a collection of mp3s, audios, videos, anime, .rar files, Warez, gamers

sites, shout cast and similar, or to backup your computer or another source. They may not be used for

general storage of any type. They may not be used as download mirrors or download/upload portals.

While the sale of eBooks and other legal small download files are permitted within reason with the

unlimited package, hosting and storage of mass quantities where our servers are used as a

distribution point is not permitted.

123COM offers an account where customers are privileged to use unlimited traffic and disk space for

their web sites. The intention of 123COM is to provide a large space to serve web documents, not an

offsite storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files

(.GIF, .JPEG, etc.) stored on 123COM servers. Web sites that are found to contain either/or no html

documents, a large number of unlinked files are subject to warning, suspension or cancellation at the

discretion of 123COM management. Any customer who violates 123COM Policies in abusing either

space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not

resolved within the allotted period, the client will be billed for the overages.

You will have 3 days to pay for your overages. If you do not pay for your overages your site will be

disabled within 3 days of your first notice.

123COM will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in

account cancellation.

123COM takes a zero-tolerance approach to spam originating from our servers or for spam

advertising of domains hosted on our servers.

The following activities are not allowed: Unsolicited bulk or commercial messages (“spam”). This

includes, but is not limited to, bulk mailing of commercial advertising, informational announcements,

charity requests, petitions for signatures, and political or religious tracts. Such messages may only be

sent to those who have explicitly requested it from your domain. Forging, altering or removing

electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without

warning and without refund. Sending numerous copies of the same or substantially similar message

with the intent to disrupt a server or account (“mail bombing”). Spamming Newsgroups: Commercial

advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists.

Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter

for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-

topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass

or intimidate others. Harassment, whether through language, frequency of messages, or size of

messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a

recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through 123COM

(spamvertising), then the provisions of the above Policy shall apply as if the spam were sent throughour servers.






Undesirable Content

Certain types of content are not permitted on our network. We do not host pornographic content of

any description. We reserve the right to determine what constitutes pornographic content and what

does not.

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you

wish, however we reserve the right to disable any CGI script that effects normal shared server

operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without

approving it with the 123COM’s Support Team. Most chat rooms tend to be large system hogs and we

cannot allow it as an account option. Note: Parachat chat rooms do not apply to this rule. They areperfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting

account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold

for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your

account will be moved to a special server that is specifically designed to handle high volumes of e-

mail. There will be an additional charge for this, which will be in addition to your regular hosting

charges if your account is moved to this server. Please contact support to have your domain moved.

Background Running Programs

We do not allow programs to run continually in the background, or permanent FTP connections.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not

permitted on our network

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment.

123COM reserves the right to change prices at any time, unless other terms have been agreed upon.

Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame

in any way is subject to suspension. The customer is responsible for all money owed on the account

from the time it was established to the time that the customer notifies 123COM to request for

termination of services. All payment is in Sterling currency. All 123COM accounts are setup on

anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was

initially chosen at setup. Your account will automatically renew at this length. There is no fee to

change to a shorter billing cycle at the end of the current cycle.






Cancellation

123COM reserves the right to cancel service at any time. All fees paid in advance of cancellation will

be pro-rated and paid by 123COM if 123COM institutes its right of cancellation. Any violation of

policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of 123COM web hosting plans are backed by a 30 day money back guarantee. If you are not

completely satisfied with our services or support within the first 30 days of your contract, you will be

given a full refund of the contract amount excluding setup fees, domain registration fees, add-

on/upgrade fees and overages. For all web hosting clients who cancel, the full contract amount less

any overages will be refunded if 123COM is notified within the first 30 days following activation. No

refund is available after the 30th day. This policy does not apply to any additional services such as

overages, referrer logs, additional disk space, additional pop accounts, domain registration fees etc.

Due to security concerns, all account cancellations must be done via your password-protected

account, or contact form. Email requests will not constitute acceptance of any cancellation. Refunds

will be made by company check or issued back to your credit card or PayPal within 30 days of receipt

of cancellation.

Cancellation requests after the first 30 days of service must be received at least five (5) days prior to

your renewal date.

Account Setup & Email on file

We will setup your account after we have received payment and we and/or our payment partner(s)

have screened the order(s) in case of fraud. It is YOUR responsibility to provide us with an email

address which is not @ the domain(s) you are signing up under. (gmail, hotmail, yahoo would be a

good email choice) If there is ever an abuse issue or we need to contact you. The primary email

address on file will be used to do so. It is YOUR responsibility to ensure the email address on file is

current or up to date at all times, and to check your spam/bulk folder, as we have no control over this.

Intellectual Property Rights

Material accessible to you through 123COM services may be subject to protection by international

copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when

expressly permitted by the owner of such rights, you must not use 123COM or its servers and network

in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any

material, which you access or receive through the 123COM network. If you use a domain name in

connection with 123COM or similar service, you must not use that domain name in violation of any

trademark, service mark, or similar rights of any third party

Network Security

Customers may not use the 123COM network with an attempt to circumvent user authentication or

security of any host, network, or account. This includes, but is not limited to, accessing data not

intended for the customer, logging into a server or account the customer is not expressly authorized

to access, password cracking, probing the security of other networks in search of weakness, or

violation of any other organization’s security policy. Customers may not attempt to interfere or deny

service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or

other deliberate attempts to overload or crash a host or network. 123COM will cooperate fully with

investigations of violations of systems or network security at other sites, including cooperating with

law enforcement authorities in the investigation of suspected criminal violations. Users who violate

system or network security may incur criminal or civil liability.






OTHERWISE DISTRIBUTED IN CONNECTION WITH 123COM SERVER; (2) ANY MATERIAL

SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY

RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE

PRODUCTS SOLD TO CUSTOMER FROM 123COM SERVER.

Disclaimer

123COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.

123COM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES

WE PROVIDE. 123COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-

DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY

123COM AND ITS EMPLOYEES. 123COM RESERVES THE RIGHT TO REVISE ITS POLICIES AT

ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF 123COM MUST ADHERE TO THE

ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR

IMMEDIATE ACCOUNT DEACTIVATION.

Data Back-Up

Although regular remote back-ups will be performed (some servers have local backups), We will not

be held responsible for any loss of data. It is up to you to ensure you maintain a local copy of your

web data for your own back-up purposes.

Forum Posts & Reviews

We have a zero tolerance policy for posting negative feedback on any public forum or review site

about our company and/or our employees before submitting a ticket to our ‘Feedback’ department to

discuss your issue. Violators will result in immediate account termination without any refund. Although

it is your right to post feedback without discussing your issue with us first, it is unfair andunprofessional not to, which is not the type of client we want to deal with. We have the utmost respect

for all of our clients, and are more than fair with all of our clients. We will do anything and everything

possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we

ask is to discuss your issue with our Feedback department first. So if you are the type of person to run

to the forums or review site at the first chance you get to complain, please do not sign up with us.

Privacy Statement

123COM follows the strict guidelines of our customer privacy statement. Please make sure you

understand this statement fully.

Prosecution and Fines

123COM co-operates fully with law enforcement agencies in the investigation and prosecution of

criminal activity and has zero tolerance for violations of this AUP. We reserve the right to levy charges

per incident for any violation of this AUP.

Modification

123COM reserves the right to add, delete, or modify any provision of its Terms of Use/AUP at any

time without notice.

legal agreements and policies

Documents