Welcome to 123Webhost.

1. Your relationship with 123Webhost

1.1 Your use of 123Webhost's products, software, services and web sites (referred to collectively as the "Services" here and excluding any services provided to you by 123Webhost under a separate written agreement) is subject to the terms of a legal agreement between you and 123Webhost. "123Webhost" means 123Webhost.net., whose principal place of business is at Flat 3, 80 Penylan Road, Cardiff, CF23 5HW, United Kingdom.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by 123Webhost in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that 123Webhost will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with 123Webhost, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.

3. Provision of the Services by 123Webhost

3.1 123Webhost is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which 123Webhost provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that 123Webhost may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at 123Webhost's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform 123Webhost when you stop using the Services.

3.3 You acknowledge and agree that if 123Webhost disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while 123Webhost may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by 123Webhost at any time, at 123Webhost's discretion. 

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to 123Webhost will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by 123Webhost, unless you have been specifically allowed to do so in a separate agreement with 123Webhost.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with 123Webhost, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that 123Webhost has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which 123Webhost may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to 123Webhost for all activities that occur under your account.

5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify 123Webhost immediately

6. Privacy and your personal information

Personal information and other data we collect

6.1 123Webhost collects personal information when you register for a 123Webhost service or otherwise voluntarily provide such information. We may combine personal information collected from you with information from other 123Webhost services to provide a better user experience, including customizing content for you.

6.2 123Webhost uses cookies and other technologies to enhance your online experience and to learn about how you use 123Webhost services in order to improve the quality of our services.

6.3 123Webhost's servers automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type and language, and the date and time of your request.

Uses

6.4 We may use personal information to provide the services you've requested, including services that display customized content.

6.5 We may also use personal information for auditing, research and analysis to operate and improve 123Webhost technologies and services.

Your choices

6.6 We offer you choices when we ask for personal information, whenever reasonably possible.

6.7 You may decline to provide personal information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result.

6.8 We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and delete it, when reasonably possible.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

7.2 You agree that you are solely responsible for (and that 123Webhost has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which 123Webhost may suffer) by doing so.

8. Proprietary rights

8.1 Unless you have agreed otherwise in writing with 123Webhost, nothing in the Terms gives you a right to use any of 123Webhost's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.2 Unless you have been expressly authorised to do so in writing by 123Webhost, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Ending your relationship with 123Webhost

9.1 The Terms will continue to apply until terminated by either you or 123Webhost as set out below.

9.2 If you want to terminate your legal agreement with 123Webhost, you may do so by (a) notifying 123Webhost at any time and (b) closing your accounts for all of the Services which you use, where 123Webhost has made this option available to you. Your notice should be sent, in writing, to 123Webhost's address which is set out at the beginning of these Terms.

9.3 123Webhost may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) 123Webhost is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom 123Webhost offered the Services to you has terminated its relationship with 123Webhost or ceased to offer the Services to you; or

(D) 123Webhost is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by 123Webhost is, in 123Webhost's opinion, no longer commercially viable.

November 29, 2007