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The 123-reg Cloud Server and Dedicated Cloud Server Agreement governs the terms and conditions in which You ("Customer", "You" or "Your") purchase a new Cloud and Dedicated Server through Webfusion Ltd trading as 123-reg Limited ("123-reg").
You hereby agreed to this Agreement. The terms in this policy are supplemental to 123-reg's General Terms and Conditions and Acceptable Use Policy and You will be bound to all of these when carrying out business with 123-reg.
This Agreement is divided into the two following Parts:
Part 1: are General Cloud and Dedicated Cloud Server Terms and Conditions
Part 2: are "Add ons" Terms and Conditions
1.1 This Agreement governs the provision of Cloud and Dedicated Cloud Server services to You by 123-reg, in addition to certain maintenance relating to the same (the "Services").
1.2 The Cloud Server Services consist of a virtual server/machine running on a single computer, where other virtual servers run also, available to You (a "Server").
1.3 The Dedicated Cloud Server Services consist of a virtual server/machine running on a single computer available to You (a "Server").
1.4 You acknowledge access to related software and certain functions of the system hardware is limited by the virtualisation platform of Cloud and Dedicated Cloud Servers.
1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Server.
1.6 Access to the Server is limited to You and anyone authorised by You. You acknowledge and consent that 123-reg may require limited access to your Server as and when necessary without further notice to you.
2.1 Every reasonable effort is made by 123-reg to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond 123-reg's control, you acknowledge that given the nature of such services, 123-reg cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free.
2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by 123-reg to the Customer on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, 123-reg gives no warranty or representation that:
2.3 If You rebuild (i.e. restore the default settings) Your Services at any time during the term of the Services You acknowledge that the Server reboots immediately. As such, 123-reg will not be liable for any loss of data or other consequences of such action.
3.1 The Services shall be charged in accordance with the fees set by 123-reg as set out in the Order Confirmation. These may be varied from time to time and published on the 123-reg website.
3.2 Customers will be required to pay a £49 set-up fee upon purchase of a Cloud or Dedicated Cloud Server. All prices exclude VAT (charged at 20%).
3.3 When the Services are renewed in accordance with the Agreement, the fees will be charged at the last invoice raised.
3.4 Upon purchase of a Cloud or Dedicated Cloud Server, Customers may choose between a Windows or Linux operating system. Customers who change their operating system from their initial selection upon purchase will lose their data.
3.5 Customers who purchase a Cloud and Dedicated Cloud Server with Windows Server 2008 operating system acknowledge that payment is made out to 123-reg Ltd and not Microsoft and additional costs may apply.
3.6 Customers may change their billing periods from monthly to yearly only via their Control Panel.
3.7 In the event that Customers change their billing periods from monthly to yearly, Customers will be billed immediately. This may affect Customers' billing periods and it is the responsibility of the Customer to ensure they are aware of any changes and funds are available on the next billing date.
4.1 Customers acknowledge that where an expiry date is displayed in the Customer's Control Panel, the Cloud and Dedicated Cloud Server and its associated services will automatically suspend 7 days after expiry and shall be cancelled and deleted 14 days after expiry.
4.2 Customers may terminate their contract with 123-reg Ltd by contacting Support via telephone on 0845 450 2310.
4.3 Customers acknowledge and understand that upon cancellation their data is automatically removed on the date of cancellation and it is their responsibility to ensure that a full back up has been made by them prior to cancelling.
4.4 In the event that Customers cancel their 123-reg services mid-way through their contract with us, they will not be entitled to any refunds for the remaining amounts or any other related amounts.
4.5 In the event that Customers wish to continue with using 123-reg but have set their contract to cancel by a specified date, Customers may reactivate their services with us prior to the specified date by contacting support on 0845 450 2310.
5.1 Customers may upgrade their services via their Control Panel.
5.2 You acknowledge and understand that upon upgrading your Server the server shall be rebooted and it is possible that all data prior to you upgrading shall be immediately deleted. In accordance with section 6 of this Agreement 123-reg are not responsible for creating backups on behalf of Customers and Customers are responsible for ensuring backs ups are made in advance.
5.4 If Customers upgrade the specifications of their Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current billing period and the unit price of each element of their upgrade.
5.5 Customers should allow up to 5 working days from initiating an upgrade for the specification of the Services to change. Customers cannot change an upgrade once it has been processed.
5.6 Customers will be notified with a scheduled time for the upgrade to take place. This time cannot be changed and is not negotiable.
5.7 All Upgrades will take 6 hours. During this time Customers will be locked out of their Control Panel. Upon successful completion of the the Upgrade 123-reg shall notify the Customer accordingly.
5.8 Due to the nature of upgrades 123-reg cannot guarantee a smooth and intermittent free transition. However, 123-reg will endeavour to minimise any reboot time or downtime. Customers acknowledge and understand that under these circumstances a loss of data is possible and should take the necessary steps in advance to ensure they hold copies of their data.
6.1.The "Back-ups" provided by 123-reg includes maintenance however, Customers are solely responsible for ensuring that full backups have been made through their Control Panel. Daily back-ups must be activated by the Customer and can be used to restore them.
6.2 123-reg will store backups of a maximum of the previous 10 calendar days.
6.3 Backups are not downloadable.
7.1 The terms governing the appropriate use of Your Services and the Server can be found in the Acceptable Use Policy ('AUP').
7.2 In addition to the AUP and these terms, all Customers who are found to have used more than 50Mbps bandwidth as an average in a week may be subject to a reduction in their bandwidth allowance to 50Mbps.
8.1 The 24-hour, 7 seven days a week Support offered by 123-reg relates to hardware and network support only.
8.2 123-reg does not provide phone or e-mail support or other technical assistance for the administration of the Server or otherwise related to the Services.
8.3 You acknowledge that 123-reg's Support does not cover software or any other content uploaded or installed by You or third parties authorised to access Your Services including the operating system.
8.4 123-reg provides telephone support between the hours of 9am and 7pm., Monday to Friday (excluding public holidays). Ticket support is also available between the hours of 9am and 5pm, Saturday to Sunday.
9.1 By hosting information on a Server, depending on the configuration of the Server, You acknowledge that such information may be accessible to all Internet users. 123-reg does not limit or restrict access to this information, nor do We protect any of this information from copyright infringement or other wrongful activity taken by third parties. As such, You assume full responsibility and risk for Your use of the Server.
9.2 It is Your sole responsibility to assess and determine the accuracy, completeness and quality of the Services provided to You by 123-reg.
9.3 The 123-reg Cloud and Dedicated Cloud Server is an unmanaged server and therefore, it is Your sole responsibility to ensure that Back Ups of Your data is taken.
10.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO 123-REG IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS.
10.2 In no event shall 123-reg be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages.
10.3 123-reg is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following:
10.4 123-reg may limit or deny access to Your Services and its systems if, in 123-reg's judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network.
1.1 A 123-reg Add-On is an optional addition to your 123-reg Cloud and Dedicated Cloud Server Plan. Following the successful request to receive 123-reg Add-Ons, 123-reg will endeavour to affect your Add-on to your Cloud and Dedicated Cloud Server Plan within 24 hours of you receiving your order confirmation. However in the event that this is not possible due to unforeseen circumstances shall not be held responsible for any resulting loss.
1.2 123-reg Add-ons can be purchased via the Customer's Control Panel and the 123-reg website.
1.3 Customers acknowledge and understand that should Add-ons be cancelled, 123-reg cannot guarantee the continuing functionality of the Customer's services associated with their server.
1.4 The following Add-ons are provided and governed by Parallel's Terms and Conditions
1.5 I.P Addresses
1.6 ISO Images
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