Legal Statement

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the services, which damage the subscriber or any other party.
Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet.

Examples of non-acceptable content:

Gambling sites (depending on your state laws)
Pirated software
Hackers programs or archives
Warez Sites
IRC Bots
Illegal Distribution Of Un-Owned Mp3

We will be the sole authority as to what constitutes a violation of this provision.

CGI Scripts

Each 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 server operation.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.  Java chat programs are acceptable.

Shell Access

We currently do not allow shell access to be operated on our servers. 

Commercial Advertising – Email

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. We consider spam any mass unsolicited message in the mediums of Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

As such, any violation will result in immediate deactivation of services without refund.

Server Abuse

Any attempts to undermine or cause harm to a server is strictly prohibited.

Refusal of Service

We reserve the right to refuse or cancel service at our sole discretion. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

Change of Policy

Our Policies may be changed at any time without any prior notification.

30 Day Money Back Guarantee

Each of our hosting accounts carries a 30-day money back guarantee of commencement of services. If you are not completely satisfied with our hosting services within the first 30 days of service, you will be given a full refund of the initial amount billed excluding any set-up or domain registration fees.

Bandwidth Utilization

The Company’s “storage” offer is to provide the Company’s customers with storage space and bandwidth for active Web pages and cannot be used as a “storage space” for electronic files. An example of sites that fall under “electronic storage” are large archives of images, compressed files, movies, or sound files. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company’s server and vice versa.
The storage and distribution of MP3 format files via the Company network is prohibited.

We start each account with a set limit but as your needs grow, simply contact us to request additional resources and we will increase it to whatever you need. This new plan allows us to create more efficient use of our servers and provide better, faster, and more efficient hosting for our customers. Please note disk space is intended for hosting space and not intended for but not limited to online backup, storage device for multimedia content such as, but not limited to, movies, music, photos, or other media. Any use of our hosting service in this manner will be considered a violation of our terms of use and will result in automatic suspension of the hosting account without any prior notification.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Ultra accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 10% of the initial quota setup, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

99.9% Guarantee

123ehost.com understands the importance of server availability to our customers. We have developed the following levels of service to ensure maximum performance and uptime.

Network Uptime – 123ehost.com guarantees that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. 123ehost.com will refund the customer 5% of the monthly fee per additional 30 minutes downtime (up to 100% of customer’s monthly fee or 1 month free of hosting). Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and 123ehost.com records such failure in the 123ehost.com trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data. (This 99,9% guarantee, and the aforementioned refund it could possibly generate, are applicable on a month-to-month segmented basis only, and not with regard to the whole duration of the agreement or entire balance of same. In other words, in the event that the service is interrupted during any given month, any refund is limited to the portion of the fee or time pertaining to that month solely, without incidence as to the remainder of time or fee regarding the entire agreement at hand).

Hardware Guarantee – 123ehost.com guarantees the functioning of all hardware components and will replace any failed component within 2 hours of problem identification. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. In the event that it takes us more than 2 hours to replace faulty hardware, 123ehost.com will refund the customer 5% of the monthly fee per additional hour of down time (up to100% of customer’s monthly fee). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware.

Liability

We are responsible to the present owner of the web hosting space. It is our goal to keep your account up and running 99.9 % of the time. We can NOT and no web hosting company can guarantee 100% to always be operational. Even the best backup system, and the top quality servers, which we know that we have, can be without the possibility of malfunction and down time in internet service. If any links in our internet server loses access with the world wide web we will do our best to reestablish it as soon as possible. We are NOT responsible for any loss of sales or data if the server is down for any period of time or if the backup account is corrupted.

We do our best to verify ownership of WEB HOSTING accounts by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party, you risk having your web site and any other information on your account changed and/or deleted. Never give your user name or password to anyone other than authorized employees or representatives of 123eHost.com. We are not responsible for any information on your account should you reveal this information.