Last updated: 2022-07-19
AGREEMENT TO TERMS
These Terms of Use apply individually or on behalf of a legal entity (“you”) and (“Company”, “we”, “us” or “our”, “hosting123”, “hosting123.net”). With respect to your access to and use of the Site and any other media form, media channel, mobile website or mobile application (collectively the “Site”) in connection with, or otherwise linked to, the Site. . By accessing the site and using the service provided by hosting123.net (“use of the site”), you acknowledge that you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY PROHIBITED AND YOU MUST STOP USE IMMEDIATELY.
By registering on hosting123.net and using the services, you are at least 18 years old and able to enter into a legally binding contract; You acknowledge and agree that your use of the services must be in accordance with the General Terms and Conditions, the Acceptable Use Policy and the Fair Use Policy, acting with the express consent of a person or entity that has agreed to be bound by the terms of this agreement.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
DESCRIPTION OF SERVICES
Web hosting. If you buy Web Hosting, your site is placed on one or more servers and resources are shared among many clients on the same server; however, your site is given a unique address (DNS).
ORDERS AND SERVICE DELIVERY
After your order has passed the necessary controls and your payment has been made, your account will be set up automatically and your information will be sent to you. Although hosting accounts are created automatically for payments made by credit card and PayPal, the installation process may take longer in case of a possible problem.
At the time of ordering (and also when registering on our site), all information on the registration form must be correct and your own. In cases where we need to reach you, the e-mail address you provided will be used first. It is your responsibility to keep your e-mail address up to date. We consider all e-mails sent to you regarding your service as received.
Hosting123 reserves the right not to refund due to incorrect or incomplete information and for canceled orders; hosting123.net/refund-policy/
Hosting123 may request a credit card or identity picture for identity proof when it deems necessary. If you do not provide these, your order will be canceled and your account will be suspended.
PROHIBITED ACTIVITIES
If you use the hosting service offered by hosting123.net for any purpose other than the intended purpose, you will not be able to access or use the service. Otherwise we reserve the right to suspend and terminate your account.
As a user of the Service, you agree not to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Posting adult content.
- Hosting nulled software.
- Using the account for file and backup storage.
- Sending bulk email and spam.
- Setting up warez or hacking phishing sites.
- Contents related to gambling and casino.
- Harm minors in any way.
- Impersonate any person or entity.
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party. This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- Upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
and we do not host any other malicious websites that harm people.
ACCOUNT INFO
When registering with Hosting123, your account information must be complete and accurate. If we suspect that your account information is incorrect or belongs to someone else, we reserve the right to close your account and suspend your service.
We may also request that you submit a photo of your identification document to verify your account information.
BACKUPS
It is the account holders responsibility to maintain and keep backups of website and MySQL data. We do not provide data restores from our archives / restoring a website or database to an earlier version.
Your use of the Services is at your own risk. Hosting123 is not responsible for files and/or data contained in your account. Hosting123’s backup service runs weekly and overwrites our previous backups. This service is provided as a courtesy and may be changed or terminated at any time at Hosting123’s sole discretion. You agree to take full responsibility for all files and data transferred and to keep all appropriate backups of files and data stored on Hosting123’s servers.
RIGHT TO TERMINATE THE HOSTING SERVICE
We reserve the right to suspend or terminate any hosting service if the website(s) available on your hosting violates our acceptable use policy, consumes excessive server resources, or affects the services of other websites on a shared or clustered hosting server; hosting123.net/acceptable-use-policy/
These include bandwidth, processor usage and/or disk space.
Excessive resource usage can be any form of server usage calculated and determined at Hosting123’s sole discretion.
Hosting123 reserves the right to suspend the service at any time without notice if the health or normal functioning of a service is affected by a website or hosting service.
We also reserve the right to suspend your service if you violate our abuse policy, email policy and any other rules outlined in the terms of use.
TERMS FOR DOMAIN NAME SERVICES
We are reselling domain names. When you apply for domain name registration, your request is forwarded to Global Domain Group. (www.globaldomaingroup.com). By using our Domain Name Services, you agree to be bound by Global Domain Group’s domain name registration policies and procedures. Due to the operation of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure that your domain name does not expire and is renewed in a timely manner, and we are not responsible for any delay or damage caused by any delay. We will use commercially reasonable efforts to renew all domains set to auto-renew. RELATED TO THE FOREGOING, SUCH RENEWALS ARE YOUR RESPONSIBILITY AND WE HAVE NO RESPONSIBILITY FOR FAILURE OF SUCH RENEWAL OR AUTOMATIC RENEWAL.
It is your sole responsibility to research thoroughly and ensure that the domain name you register does not infringe the legal or intellectual property rights of others. We do not check whether a domain name you register or use violates the rights of any third party, and we recommend that you seek legal advice before registering any domain name.
Hosting123 will use commercially reasonable efforts to comply with any legal order to cancel, change or transfer your domain name. ICANN’s Transfer Policy requires a 60-day transfer lock to be applied to your domains in the event of any “Change of Registrant”. Hosting123 currently locks your domain name for any changes that contain your whois information. This feature is designed to protect your domain from any unauthorized transfer attempt. We do not offer an option to disable the 60-day transfer lock. As defined by ICANN’s Transfer Policy, any “Register Change” domain will be subject to a 60-day transfer lock. Please note that the parameters triggering the 60-day transfer lock may change.
USER REGISTRATION
To purchase services, you must register with Hosting123. You agree to provide accurate information, keep your password confidential, and you will be responsible for all use of your account and password. We reserve the right, in our sole discretion, to remove, retract or change a username of your choice if we determine that it is inappropriate, obscene or otherwise objectionable.
INVOICE AND PAYMENT
Unless you notify us of your desire to cancel the Services, you agree that using your credit card or other billing information registered with us, you will be automatically billed on a recurring basis to avoid any interruptions to your services.
It is your sole responsibility that your payment information is up to date and that all invoices are paid on time. We are not responsible for accounts suspended or canceled due to unpaid invoices.
All invoices must be paid within fifteen (15) days of the invoice deadline. Any invoice pending for more than fifteen (15) days may result in suspension or termination of services.
You cannot retrieve data of account suspended due to unpaid invoice without payment. (Data of canceled accounts are completely deleted from our servers.)
Hosting123 reserves the right to change prices or other fees at any time without notice. Also, coupons are only valid for new accounts or first purchase. It cannot be used to purchase a new service or to renew a service unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photos and graphics (collectively “Content”) and trademarks on the Site are the service. The brands and logos (“Marks”) contained herein are owned by, controlled by, or licensed to us and are subject to copyright and trademark laws and various other intellectual property and unfair competition laws, international copyright laws, and international treaties. Content and Markings are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Mark may be copied, reproduced, combined, republished, uploaded, broadcast, publicly displayed, encoded,
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly accessed, for your personal, non-commercial use only. to use. We reserve all rights not expressly granted to you in the Site, Content and Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use; hosting123.net/privacy/
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE AND SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
email: [email protected]