Terms Of Service

Websites121 provides services to clients all around the world. Websites121 has the responsibility to protect each client and provide him or her with the best services available. The following guidelines were designed to insure these services.

If a Websites121 account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Non-Acceptable Content:

All services provided by Websites121 may be used for lawful purposes only. Because some of our servers are based in the United States and in Europe, Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City, United Kingdom or European law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Websites121 from any claims resulting from the use of the service, which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Websites121 servers even if its legal pornography and sex related. This includes sites that may infur sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Websites121 servers or any other server on the Internet. Also any Links to such materials are also prohibited.

Examples of non-acceptable content that clearly in violations include, without limitation, the following:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

4. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

5. Use of Websites121 service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

6. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of Websites121 service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of your account.

7. Websites121 policy on child pornography is zero tolerance. Websites121 will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Websites121 network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

8. You may not post or link to Pirated software, Illegal MP3\'s", Hackers programs or archives, Warez Sites or Adult or Child Pornography sites. Even if you link to a site and it links to any of the site list here, you will be in violation and your account will be suspended.

9. It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. You will not be given any refund or credit if you get caught with IRC on your server.

Websites121 will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:
Websites121 is pleased to offer our Managed Virtual Hosting clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth data transfer included with your selected package. To maintain the integrity of our service the following traffic usage limitations apply to Managed Virtual Hosting accounts.

* Sites with banners, graphics or cgi's running from their domain being used on other domains.
* Sites with immense graphic archives or galleries.
* Sites offering immense download archives, such as .zip, .tar, .ra and .gz.
* Sites running large chat rooms or forums. *see below for more information about special servers and how to:
* Sites using more than 15% of system resources

If you do not qualify for unlimited traffichits, your account may be required to be upgraded, or, Websites121 may move your site to a different server, to reduce the load on the server you are currently residing. Websites121 e will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time AllsafeOnline may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms:
Websites121 does allow Managed Virtual Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Large Forums:
Websites121 does allow Managed Virtual Hosting clients to install their own forum that they purchased or any one of our pre-installed forums. However, please understand you are not allowed to run huge size forums on any Managed Virtual Hosting Plan. We don’t recommend running any forums with over 75-125 users online at once because it will hinder server performance and will most likely cause you to be in violation of the 20% resource usage.

These types of sites will be placed on a special server designed for large forum usage. If we do find you running a huge forum using more then 20% resources we will send you an email first and then if no action is taken we can suspend your site until you contact our sales department to discuss the problem.

Background Processes/Programs
Websites121 may allow Managed Virtual Hosting client's programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs:
Websites121 does allow Cron Jobs to be conducted on our Managed Virtual Hosting servers.

IRC:
Websites121 does not allow IRC or IRC bots to be operated on our servers. This includes link to IRC and Eggdrop scripts. If your server or account is found running or storing any type of IRC your account will be suspended without any warning. You will be required to contact our abuse department to see how to get your account re-activated. If its your 2nd offence then your account will be remove from our network and never placed back online. We only give 1 warning.

Multiple Connections:
Websites121 does allow multiple telnet and ftp sessions, on a single hosting account. Multiple computers/networks are permitted on Websites121 Dedicated Access accounts.

Idle Timeouts:
Websites121 may disconnect any idle connection to the network.
Average timeouts are:
FTP - 600 seconds
Telnet - 1/2 hours

Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from a Websites121 server or using an email address that is maintained on a Websites121 machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
Websites121 will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptiable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 100 pieces per hour. Large mailings ( 200-300 ) are preferred to be sent from the hours of 12AM - 8AM GMT

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Server Abuse:
Any attempts to undermine or cause harm to a Websites121 server or customer Websites121 is strictly prohibited. Websites121 will pursue legal action to the fullest extent for all abuse of the Websites121 Network.

Ip Numbers
Websites121 maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Websites121 reserves the right to remove any account without prior notice. If Websites121 deactivates your account(s) for violating policy, your will forfeit your rights to refund and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Money Back Guarantee:
Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, Websites121 will refund your hosting fee, no refunds on domain names. Please understand that if you pay with PalPay or Authorized they both charge a transaction fee. This fee is not refundable and will de deducted from all refunds per our policy..

Individual Reseller's and Bulk Reseller's - In the event that you become unsatisfied with our services within 30 days of your reseller account activation, only your initial account fees will be refunded. Once you have added a resold account to your Reseller Plan you will no longer qualify for the money back guarantee/refund. Websites121 cannot be HELD LIABLE for any fees that you charge your clients.

No Refunds are given on Dedicated Servers "once you purchase, there is NO REFUND”, We only give customer credit if we don't meet the uptime guarantee listed below, if you feel that we did not meet the uptime please contact the sales department and they will sent you a form that you will have to fill out. We have the last say as what gets credit and what does not.

If you are found running IRC or any other material that’s not permitted you will not get a refund period. Your server will be suspended and will notify have to submit a ticket to our abuse department.

Websites121 does not refund fees for domain names that you have ordered. Once you hit the buy button there is no refunds.

Any accounts cancelled/terminated by Websites121 for violation of our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. If you have had an account with us before, canceled it then signed up again, you will not be eligible for a refund.

We can request at anytime a signed TOS/AUP and Credit Card Processing Form from any user:
All shared, resellers or dedicated clients may be required to sign and fax the Terms of Service (TOS) / Acceptable Use Policy (AUP) and our Credit Card Processing Form . If we require you to sign these, you will have 5 days to complete these form and either fax or mail them back to us. We also have the right to stop all services until we receive these forms signed and returned to Websites121 .

 

If you have any questions about these forms, please contact our Websites121 department

Uptime Guarantee:
Websites121 strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Websites121 monitoring systems or Websites121 authorized/contracted outside monitoring services. If Websites121 fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case-by-case basis. Websites121 does not credit a full month's service for minor downtime. This would not be financially healthy for Websites121 , and in turn would only negatively affect the service level Websites121 provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Websites121 may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Websites121 network caused by or associated with:

*
 Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
* Telco Failure (ie...Verizon™ cutting a fiber line somewhere)
* Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
* Scheduled maintenance for hardware/software upgrades
* Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Websites121 utilizes only name brand hardware of the highest quality and performance.
* Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of Websites121
* Network floods, hacks, attacks from outside parties or individuals
* Failure or error of any Websites121 monitoring or measurement system
* Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Websites121 service(s) in breach of Websites121 Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Limitation Of Liability
Websites121 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Websites121 servers going off-line or being unavailable for any reason what so ever. Further, Websites121 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Websites121 servers. All damages shall be limited to the immediate termination of service.

Websites121 shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Websites121 reserves the right to terminate an account at any time and for any reason that causes harm to any Websites121 customer's web sites. Websites121 reserves the right to delete all content and files upon termination. Websites121 reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Websites121 reserves the right to refuse, cancel, or suspend service at our sole discretion.

By using any Websites121 services you fully agree to all our policies on our site, this includes Terms Of Service (TOS) and our Acceptable Use Policy (AUP).

Websites121 reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to Abuse Department.

All complaints will be investigated promptly.