1. Overview

This Hosting Service Agreement (“Service Agreement”) governs the Client’s use of 123 Reg’s web hosting services (“Hosting Services”). Capitalised terms used in this Service Agreement, but not defined, are defined in the General Terms and Conditions.

2. DESCRIPTION OF SERVICES

• Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers.
• Managed Support: Managed Support plans are monthly subscription plans that provide the Client with root/administrative access to the service and Plesk or cPanel. 123 Reg handles core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee.
• Hosting Backup: Hosting backup and plans save your website content once per week and your databases once per day. Storage limits may apply based upon the backup plan that you have purchased. These backup and restore services are available with website hosting plans and may be available for an additional fee with our other hosting service plans. For hosting backup services available as part of a Hosting subscription plan, those services will be cancelled if the Hosting subscription plan is cancelled.

3. ACCOUNT TERMINATION; LIMITATIONS

• Migration of Servers: The client acknowledges and agrees that as a normal course of business, it may be necessary for 123 Reg to migrate its servers. As a result, even if the Client has a dedicated IP, the Client may be assigned a different IP number. 123 Reg does not warrant that the Client will be able to consistently maintain its given IP numbers.

• Termination of Hosting Services: The Client acknowledges and agrees that upon expiration or termination of its Hosting Services, the Client must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to the Client in connection with Hosting Services, including pointing the domain name system ("DNS") for the Client's domain name(s) away from the Client's servers. Prior to termination of the Hosting Services, the Client is responsible for moving its website or server content off 123 Reg servers. 123 Reg will not transfer or FTP the Client's website or server content to another provider. If the Client fails to move its website or server content off 123 Reg servers prior to cancellation, 123 Reg will delete all such content and will not be able to provide a copy of such content.

• Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.

• Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for 123 Reg hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent the Client wishes to export or migrate its hosted product or service to another service provider (if available as an option), it is solely the Client’s responsibility to ensure its continued right to use any images incorporated therein, and the Client acknowledges and agrees that 123 Reg does not warrant and shall have no responsibility for any claims resulting from the Client’s continued use after migration and/or termination (whichever occurs first).

• Storage Capacity: The total amount of usable storage capacity for the Client’s particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s). Additionally, Hosting Backup plans may have storage limits.

• Storage and Security.The Client shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to its website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all the Client's website or server content transmitted through or stored on our servers.

  123 Reg’s servers are not an archive and 123 Reg shall have no liability to the Client or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. The Client shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, the Client shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. The Client acknowledges and agrees that 123 Reg has the right to carry out a forensic examination in the event of a compromise to its server or account.

• Website/Server Content. The Client shall be solely responsible for providing, updating, uploading and maintaining its website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. The Client acknowledges and agrees that in the course of providing the Client with technical assistance, it may be necessary for 123 Reg's support staff to modify, alter or remove the content of the Client's hosted product. The Client's website or server content shall also include any registered domain names provided by the Client or registered on behalf of the Client in connection with the Hosting Services.

  If access to a third-party hosting website is required in the provision of any Service, the Client represents and warrants that the Client is authorised to provide 123 Reg with access to the third-party hosting account for the purposes of this Service Agreement. The Client agrees that the Client retains sole contractual and any other legal or fiduciary responsibilities related to its third-party hosting account.

  If the Client requests that 123 Reg installs any Third Party Software (defined below) not provided as part of the Hosting Services, the Client represents and warrants that (1) it has the right to use and install the Third Party Software, (2) it has paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

4. PROVISIONS SPECIFIC TO WEB HOSTING

• Storage and Plan Limits.All Web Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, the Client's site may slow down or not be served until more resources are added. More resources may be added for additional fees.

  Free Trial hosting credits are subject to the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these limitations are exceeded, the Client's site may slow down or not be served until more resources are added. More resources may be added by upgrading to a paid plan.

  The Client acknowledges and agrees that inbound UDP is not supported in shared hosting environments.

• Website/Server Content. The Client's website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

• Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting plans are designed to host most personal, small business and organisation websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that 123 Reg does not set a limit on the amount of bandwidth, websites or disk space the Client may use in the operation of its website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of the Client's website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, the Client may be required to upgrade to a VPS or Dedicated Server, or 123 Reg may take action to restrict the resources your website is utilizing.

  The Client's hosting plan may provide the Client with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. The Client acknowledges and agrees that its use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.

• Configuration Add-Ons. 123 Reg offers multiple configuration options ("Configuration Add-Ons") for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. The Client acknowledges and agrees that installing a Configuration Add-On will use some of the Client's available storage, may require additional provisioning time, will require 123 Reg to install Third Party Software (defined below), third party hardware or internally developed custom software to the Client's server, and, in some cases, may limit the versions of Third Party Software available for use with the Client's server. Third Party Software, third party hardware and internally developed customer software will be supported by us 123 Reg. If the Client wishes to cancel RAID, the Client will be required to cancel its server and purchase a new one.

• Plesk. In the event the Client adds Plesk to its server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.

• cPanel. In the event the Client adds cPanel to its server, the Client agrees to be bound by the cPanel EULA, which is hereby incorporated by reference.

• cPanel Fair Usage Policy: This policy is a guide to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in 123 Reg plans. VPS and dedicated hosting with cPanel offers unlimited number of accounts. Although 123 Reg does not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. 123 Reg evaluates the Client's usage in comparison to typical levels of usage engaged in by other users. In the event that 123 Reg exceeds this threshold, 123 Reg may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, 123 Reg will provide a notice of the Client's usage in excess of the normal use.

5. Hosting Migrations. If the Client has its domain name registered with 123 Reg and the web hosting associated with the domain is provided by a third-party, 123 Reg may, at the Client's request and in 123 Reg's sole discretion, attempt to assist the Client to move the web hosting for the domain name to 123 Reg ("Hosting Migration". Hosting Migrations are provided as a courtesy service, and 123 Reg does not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make 123 Reg unable to assist the Client in the transfer of data from a third-party host.

The Client is solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If the Client is satisfied with the data migration, the Client will need to update the DNS record for the domain name in order to publish the website in its new location. 123 Reg will not perform website backups or archives in connection with a Hosting Migration, and 123 Reg recommends that the Client backs up its third-party hosted website before migration to ensure that no data is lost. The Client agrees not to make any changes or revisions to its website during the migration process.

The Client agrees that 123 Reg is not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

6. THIRD PARTY SOFTWARE

• Definition and Scope. As part of the Hosting Services, 123 Reg may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. The Client’s use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, the Client’s use of the Software is subject to that license agreement, in addition to this Service Agreement.

• Terms and Conditions Applicable to all Software and Operating Software. The Client may use the Software and Operating Software solely as part of the Services. The Client may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, the Client may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

123 Reg may provide your personal information to third-party providers as required to provide the third-party Software. 123 Reg reserves the right to modify, change, or discontinue provision of the Software at any time.

123 Reg makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.

The Client will indemnify, defend, and hold harmless 123 Reg from and against any and all claims imposed upon or incurred by 123 Reg directly or indirectly arising from the Client’s use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.

The Hosting Services may be operated in both Linux® and Windows® environments. Each time the Client commissions a server, 123 Reg will provision the server with the operating system the Client chooses.

123 Reg reserves the right to modify, change, or discontinue any Third-Party Software at any time, and the Client agrees to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to the Client, and the Client may use the Third-Party Software solely as part of the Hosting Services. The Client may not use the Third-Party Software outside of the Hosting Services. 123 Reg may provide the Client's personal information to third-party providers as required to provide the Third-Party Software. The Client acknowledges and agrees that its use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, the Client's use of the Third-Party Software is subject to such service or license agreement. The Client may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless the Client first agrees to the terms and conditions of such service or license agreement. The Client may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. The Client may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. The Client acknowledges and agrees that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. The Client acknowledges and agrees that any Third-Party Software will be supported by 123 Reg and not by the third-party providers (or their affiliates or suppliers).

• Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Software.

• The Client is responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. The Client must cancel or terminate its paid subscription and/or account with the applicable third-party provider and not 123 Reg.

• Regarding this Section, "Personal Data" means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity. "Personal Data" does not include aggregated, anonymous, or de-identified data, such as Usage Data. "Usage Data" as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data and statistical or other analysis, information or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data.