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Legal
Information - Acceptable Use
Policy:
Terms
of
Service
Acceptable Use Policy (AUP)
Nominet
Terms (Applying to all UK
domains)
Privacy
Policy
Acceptable
Use Policy
This "Acceptable
Use Policy" or "AUP" of
123DOM applies to all divisions, subsidiaries,
affiliates and identities used by
123DOM and references hereinafter to
123DOM. This AUP is designed to provide a clear
understanding of the rules, regulations,
and restrictions on the use of the
Services, Servers, and IP Addresses of
123DOM. We may, from time to time at the sole
discretion of 123DOM, 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
123DOM, 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.
123DOM provides Internet World Wide Web page
hosting, Marketing, and Development.
123DOM has certain legal and ethical
responsibilities consisting with the use
of its server and equipment involved in
these services.
123DOM general policy is to act as a provider of
Internet presence. 123DOM reserves the right to suspend or cancel a
customer's access to any or all services
provided by 123DOM 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
canceled 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 123DOM is strictly prohibited.
Unauthorized use
of other people's accounts or computers.
123DOM 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
123DOM customer, whether or not the attacked account
or computer belongs to
123DOM, 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 -
123DOM 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 terms outlined 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 emailings, newsgroup spamming,
illegal content, copyright infringement,
trademark infringement, warez, cracks,
software serial numbers, and/or anything
else determined by 123DOM to be unacceptable use of
123DOM '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 memory and 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.
123DOM offers an account where customers are
privileged to use unlimited traffic and
disk space for their web sites. The
intention of 123DOM is to provide a large space to serve web
documents, not an off site storage area
for electronic files. All (90%) of your
web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on
123DOM 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 123DOM management. Any customer who violates
123DOM 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.
123DOM 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.
123DOM 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
123DOM (spamvertising), then the provisions of the
above Policy shall apply as if the spam
were sent through our 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
123DOM'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 are
perfectly 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.
123DOM 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
123DOM to request for termination of services. All
payment is in Sterling currency. All
123DOM 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
123DOM reserves the right to cancel service at any
time. All fees paid in advance of
cancellation will be pro-rated and paid by
123DOM if 123DOM 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
123DOM 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 123DOM 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)
incase 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
123DOM 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
123DOM 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
123DOM network. If you use a domain name in
connection with 123DOM 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 123DOM 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.
123DOM 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.
Static /
Dynamic Content Caching
You expressly (i)
grant to 123DOM a license to cache the entirety of your Web
Site, including content supplied by third
parties, hosted by 123DOM under this Agreement and (ii) agree that such
caching is not an infringement of any of
your intellectual property rights or any
third party's intellectual property
rights.
IP Address
Ownership
123DOM shall maintain and control ownership of all
IP numbers and addresses that may be
assigned to you by 123DOM and 123DOM reserves, in its sole discretion, the right
to change or remove any and all such IP
numbers and addresses.
Domain Name
Registration
Customer agrees
to pay 123DOM prior to the effectiveness of the desired
domain name registration, the then-current
amounts set forth in the
123DOM price schedule for the initial registration
of the domain name and, should Customer
choose to renew the registration,
subsequent renewals of the registration.
All fees are non-refundable, in whole or
in part, even if Customer's domain name
registration is suspended, cancelled or
transferred prior to the end of Customer's
then current registration term.
123DOM reserves the right to change fees,
surcharges, renewal fees or to institute
new fees at any time, for any reason, at
its sole discretion. Customer's requested
domain name will not be registered unless
and until we receive actual payment of the
registration fee, and have confirmed
Customer's registration in an email from
123DOM to the email address indicated in Customer's
registration application. In the event of
a chargeback by a credit card company (or
similar action! by another payment
provider allowed by 123DOM) in connection with the payments of the
registration fee for Customer's domain
name registration, Customer agrees and
acknowledges that the domain name
registration shall be transferred to
123DOM as the paying entity for that registration to
the registry and that we reserve all
rights regarding such domain name
including, without limitation, the right
to make the domain name available to other
parties for purchase.
123DOM will reinstate Customer's domain name
registration solely at
123DOM 's discretion, and subject to our receipt of
the initial registration or renewal fee
and our then-current reinstatement
fee.
Lawful
Purpose
123DOM reserves the right to refuse service to
anyone. Customers may only use
123DOM servers for lawful purpose. Transmission of
any material in violation of any law is
prohibited. This includes, but is not
limited to copyrighted material, material
legally judged to be threatening or
obscene, and material protected by trade
secrets. The designation of any materials
as such described above is left entirely
to the discretion of 123DOM management. Defendants further waive all
objections to venue and acknowledge that
venue in any such litigation will be held
within the district of
123DOM. IN NO EVENT SHALL 123DOM'S MAXIMUM LIABILITY EXCEED ONE HUNDRED US
DOLLARS ($100.00).
Indemnification
CUSTOMER AGREES
THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD 123DOM HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST 123DOM, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM
ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT SOLD
BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR
ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS
123DOM AGAINST LIABILITIES ARISING OUT OF; (1) ANY
INJURY TO PERSON OR PROPERTY CAUSED BY ANY
PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN
CONNECTION WITH 123DOM 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
123DOM SERVER.
Disclaimer
123DOM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. 123DOM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR
IMPLIED FOR SERVICES WE PROVIDE.
123DOM 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 123DOM AND ITS EMPLOYEES. 123DOM RESERVES THE RIGHT TO REVISE ITS POLICIES AT
ANY TIME. ALL SUB-NETWORKS AND RESELLERS
OF 123DOM 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 and unprofessional 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
123DOM follows the strict guidelines of our customer
privacy statement. Please make sure you
understand this statement
fully.
Prosecution
and Fines
123DOM 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
123DOM reserves the right to add, delete, or modify
any provision of its Terms of Use/AUP at
any time without notice.
 
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