This Terms of Service (TOS) and Accepatable Use Policy (AUP) is an agreement ("Agreement") between Customer and 123-Web-Host, a division of BASIC Networks Corp., and applies to Customer's account(s) with 123-Web-Host. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. 123-Web-Host may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers. BY CHECKING THE "YES" BUTTON IN THE ORDER FORM AS REGARDS TO HAVING READ AND AGREED TO THE TERMS AND CONDITIONS OF USE, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
While using Services provided by 123-Web-Host you agree to the following terms and conditions.
Services Provided by 123-Web-Host
123-Web-Host will rent Internet server space ("Services") and dedicated servers 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.
Customer Use of Services
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.
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.
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.
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.
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.