123HostNow (named as the The Provider on this page) provides World Wide Web page hosting. The Provider reserves the right to suspend or cancel a customer's access to any or all services provided by The Provider when The Provider decides that the account has been inappropriately used or otherwise.
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Customers may however open a reseller account and become an authorized reseller.
The Provider reserves the right to refuse service and /or access to its servers to anyone.
The Provider does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of The Provider.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Unlimited Use Policy
NOTE: This only applies to our Unlimited Packages.
High bandwidth usage: The Provider offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, The Provider may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, The Provider reserves the right to impose the High Resource User Policy as below for the consideration of all customers.
High Resource User Policy
Resources are defined as bandwidth, disk space and/or processor utilization.
The Provider may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available The Provider reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby The Provider continues hosting the website for an additional fee.
All accounts are set up on a prepay basis. Although The Provider reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the life the account remains active. Payment is due each month or anniversary year following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given, no less than 15 days before the renewal.
In situations where the card number on file is declined The Provider will allow a 15 day grace period to the customer as a courtesy. After the account is more than 15 days overdue it is subject to a $5.00 late charge fee per month that it is overdue. The Provider reserves the right to immediatey suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, The Provider reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail unless previously arranged. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
All payments are in US dollars. International customers are charged according to the exchange rate at the date of purchase.
In order to streamline our accounting procedures and accomodate its customers The Provider runs a the following payment options.
30 Days Money Back Guarantee
For customers opening their first account the initial 30 days carry a 100% money back guarantee. This excludes accounts which are terminated due to service abuse such as SPAM, illegal material, etc. Customers will not be entitled to this benefit if they have previously had an account with The Provider unless the period of absence has been greater than one year. New customers will not be entitled to this if any account has previously been created at the same postal address, same domain or same email within the same 12 month time span.
Exceptions to this rule are at the discretion of The Provider.
Cancellation and Refunds
The Provider reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer is in violation of The Provider's Terms f Service a refund will not be issued in the event of a cancellation.
Should the customer cancel any services after payment has been processed for either a new service or renewal, a 20% cancellation fee will be applied to help cover for the time and resources the The Provider invested setting up the account services involved in such transactions.
Domain Name Registrations
Domain name registrations are done through eNom, our domain name partner. No refunds will be provided for domain names after they have been registered under any circumstances. After a domain name registration has been purchase the customer may move it to any hosts it wishes to use for services.
If payment is not honored The Provider will lock the domain until payment has been cleared.
Customer agrees that it shall defend, indemnify, save and hold The Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Provider, its agents, customers, partners, 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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless The Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Provider's 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 The Provider's server.
The Provider will not be responsible for any damages your business may suffer. The Provider makes no warranties of any kind, expressed or implied for services we provide. The Provider disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by The Provider and its employees. The Provider reserves the right to revise its policies at any time.
Last updated: November 11, 2004