123 Reg WordPress Hosting Terms and Conditions
1. WordPress Hosting Services (“WP Hosting Services”) plans give the Client a streamlined and optimised experience to build and manage WordPress sites. 123 Reg handles the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching.
2. 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.
3. Termination of WP Hosting Services: The Client acknowledges and agrees that upon expiration or termination of the Client’s WP Hosting Services, the Client must discontinue use of the WP Hosting Services and relinquish use of the IP addresses and server names assigned to the Client in connection with WP Hosting Services, including pointing the domain name system (“DNS”) for the Client’s domain name(s) away from 123-Reg’s servers. Prior to termination of the WP 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’s servers prior to cancellation, 123 Reg will delete all such content and 123 Reg will not be able to provide a copy of such content.
4. Free Products Credits: Upon termination of the WP Hosting Services, any domain products provided free of charge as part of the WP Hosting Services will only be cancelled on the Client’s request. Any email products may be available to purchase within 30 days of termination of the WP Hosting Services. If not purchased, the email products shall terminate on the expiry of 30 days from the date of termination of the WP Hosting Services.
5. 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 the Client’s 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).
6. Storage and Security. The Client shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; and (2) ensure the security, confidentiality and integrity of all the Client’s website or server content transmitted through or stored on 123 Reg’s servers.
7. 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 the Client’s content. The WP 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 WP Hosting 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 WP 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 the Client’s server or account.
8. 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 the Client’s behalf in connection with the WP Hosting Services.
9. 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. The Client agrees that the Client retains sole contractual and any other legal or fiduciary responsibilities related to the Client’s third-party hosting account.
10. If the Client requests that 123 Reg installs any Third Party Software not provided as part of the WP Hosting Services, the Client represents and warrants that (1) the Client has the right to use and install the Third Party Software, (2) the Client 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.
11. Storage and Plan Limits: All WP Hosting Services plans are 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.
11.1. WP Hosting Services may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in 123 Reg’s sole discretion. Additionally, the Client may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should the Client wish to continue hosting the non-WordPress site on 123 Reg’s network.
11.2. The Client acknowledges and agrees that inbound UDP is not supported in shared hosting environments.
12. 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.
13. Unlimited Disk Space/Bandwidth/Website Plans. WP Hosting Services plans are designed to host most personal, small business and organisation websites, and thus 123 Reg offers 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 the Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or 123 Reg may take action to restrict the resources your website is utilising.
14. 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 your request and in 123 Reg’s sole discretion, attempt to assist the Client to move the web hosting for the domain name to us (“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 you in the transfer of data from a third-party host.
14.1. 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.
14.2. The Client agrees that 123 Reg is not liable for any delay in website resolution or loss of data related to its Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.
14.3. 123 Reg may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.
15. Service Level Agreement. The 99.9% WP Hosting Services Uptime Guarantee applies to WP Hosting packages only and not to any other service offered by 123 Reg.
15.1. The Client is entitled to a credit against the Client’s monthly service cost in respect of any periods of downtime (excluding downtime due to pre-planned maintenance work notified to the Client in advance) during the calendar month according to the following scale:
|Network Connectivity Uptime in month||Credit Entitlement|
|From and including 99.9% to 100%||No Credit|
|From and including 99.9% to and excluding 99.99%||10%|
15.2. To claim a credit under the WP Hosting Services Uptime Guarantee, the Client must contact 123 Reg by raising a ticket, through the chat function or by calling Customer Support and stating that they wish to claim a credit under the WP Hosting Services Uptime Guarantee.
15.3. The Client’s entitlement to a credit shall be assessed on network connectivity to the platform and the platform delivering the website(s), and not the speed of delivery.
15.4. When claiming a credit under the WP Hosting Services Uptime Guarantee, the Client must provide supporting evidence to 123 Reg’s reasonable satisfaction, which 123 Reg shall verify to confirm the Client’s entitlement to any credit.
15.5. 123 Reg reserves the right to refuse to issue a credit in respect of any period of downtime due to pre-planned maintenance work notified to the Customer in advance, any period of downtime due to the Customer’s acts or omissions or where the Customer is in breach of 123 Reg’s Acceptable Use Policy. Any credit issued by 123 Reg under the WP Hosting Services Uptime Guarantee shall be applied to the Customer’s 123 Reg account. The Customer may use this credit for new purchases or renewal fees only. The Customer shall not be entitled to any payment in respect of any credits issued by 123 Reg.
15.6. Any credit issued by 123 Reg under the WP Hosting Services Uptime Guarantee must be used by the Customer within 12 months, failing which the credit will expire.
16. Third Party Software. As part of the WP Hosting Services, the Client may be allowed to use certain Third Party Software. The Client may use the Third Party Software and Operating Software solely as part of the WP Hosting Services. 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. 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.
16.1. 123 Reg makes no representations or warranties about any Third Party Software offered in connection with the WP Hosting Services, and expressly disclaims any liability.
16.2. 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 Agreement for purposes of enforcing their rights under this Agreement.
16.3. 123 Reg reserves the right to modify, change, or discontinue any Third-Party Software at any time, and the Client agrees to co-operate 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 WP Hosting Services. The Client may not use the Third-Party Software outside of the WP 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 123 Reg’s 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 WP 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).
17. 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 WP 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.