Terms & Conditions

Welcome to 123websites.com Terms and Conditions. Thank you for choosing us as your business partner!

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. 123websites.com offers website services for businesses and individuals.

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We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@123websites.com

1. Introduction

1.1. Our Purpose

Our services allow businesses to have webs designers build and maintain their business website for them.

1.2. Legal Agreement

These 123websites Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the 123websites.com website(s), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the 123websites and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the 123website Website or “Services”).

The 123websites Terms constitute a binding and enforceable legal contract between 123websites and its affiliated companies and subsidiaries worldwide (“123websites”, “us” or “we”) and you in relation to the use of any 123websites Services - so please read them carefully.

You may visit and/or use the 123websites Services only if you fully agree to the 123websites Terms - and by using and/or registering to any of the 123websites Services, you signify and affirm your informed consent to these Terms of Use and any other 123websites Terms applicable to your use of any 123websites Services. If you do not read, fully understand and agree to the 123websites Terms, you must immediately leave the 123websites Website and avoid or discontinue all use of the 123websites Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.123websites.com/privacy (“Privacy Policy”).

1.3. User Account

In order to access and use certain sections and features of the 123websites Services, you must first register and create an account with 123websites (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the 123websites Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the 123websites Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

2. Your Obligations

2.1. You represent and warrant that:

1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the 123websites Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the 123websites Terms;
2. you are not a resident of (or will use the 123websites Services in) a country that the U.S. government has embargoed for use of the 123websites Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4. you understand that 123websites does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:

1. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by 123websites Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
2. you have (and will maintain) the full power, title, licenses, consents and authority to allow 123websites Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
3. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for 123websites and/or your End Users to access, import, copy, upload, use or possess in connection with the 123websites Services;
4. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

1. fully comply with all applicable laws and any other contractual terms which govern your use of the 123websites Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of the 123websites Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the 123websites Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from 123websites or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow 123websites to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of 123websites marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against 123websites or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
6. 123websites sole discretion as to the means, manner, and method for performing the 123websites Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. ​123websites shall have the right to offer the 123websites Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the 123websites Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

2.3. You agree and undertake not to:

1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the 123websites Website, the 123websites Services (or any part thereof), any Content offered by 123websites or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without 123websites prior written and specific consent and/or as expressly permitted under the 123websites Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of 123websites or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable; 
5. upload, insert, collect or otherwise make available within the 123websites Website or the 123websites Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. publish and/or make any use of the 123websites Services or Licensed Content on any website, media, network or system other than those provided by 123websites, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the 123websites Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by 123websites in advance and in writing;
7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the 123websites Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the 123websites Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the 123websites Services;
8. act in a manner which might be perceived as damaging to 123websites reputation and goodwill or which may bring 123websites into disrepute or harm;
9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use 123websites or 123websites Marks and/or variations and misspellings thereof;
10. impersonate any person or entity or provide false information on the 123websites Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to 123websites and/or any End Users;
11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that 123websites or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
12. reverse look-up, trace, or seek to trace another User of 123websites Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the 123websites Services and/or User Platform without their express and informed consent;
13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the 123websites Services, User Platform, the account of another User(s), or any other systems or networks connected to the 123websites Services, by hacking, password mining, or other illegitimate or prohibited means;
14. probe, scan, or test the vulnerability of the 123websites Services or any network connected to the 123websites Services;
15. upload to the 123websites Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the 123websites Services or 123websites systems or networks connected to the 123websites Services, or otherwise interfere with or disrupt the operation of any of the 123websites Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. use any of the 123websites Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
18. use the 123websites Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;
19. access to 123websites Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
20. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or 123websites Services, except as expressly permitted by the 123websites Terms;
21. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the 123websites Services and/or Licensed Content; or
22. violate, attempt to violate, or otherwise fail to comply with any of the 123websites Terms or any laws or requirements applicable to your use of the 123websites Services.
23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

3. Content and Ownership

3.1. Your Intellectual Property

As between 123websites and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. 123websites does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. 123websites Intellectual Property

All rights, title and interest in and to the 123websites Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the 123websites Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to 123websites.

Subject to your full compliance with the 123websites Terms and timely payment of all applicable Fees, 123websites hereby grants you, upon creating your User Account and for as long as 123websites wishes to provide you with the 123websites Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the 123websites Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the 123websites Terms, and solely within the 123websites Services.

The 123websites Terms do not convey any right or interest in or to 123websites Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the 123websites Terms constitutes an assignment or waiver of 123websites Intellectual Property rights under any law.

4. Privacy

Certain parts of the 123websites Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the 123websites Services, 123websites and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the 123websites Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Service Fees

5.1. Paid Services

The use of 123websites Services are subject to payment of particular fees, as determined by 123websites in its sole discretion (“Paid Services” and “Fee(s)”, respectively). 123websites will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

123websites reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, 123websites shall have the right to automatically and without notice renew your subscription to such 123websites Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by 123websites. To the extent permitted by law (and unless specified otherwise by 123websites in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the 123websites Services, or to any payments or purchases made by you. If 123websites is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). 123websites is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize 123websites (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated credit or debit card information, and to make any inquiries 123websites or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with 123websites to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits.

5.2. Invoices

123websites will issue an invoice upon request but they are not automatically sent out.

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, Paid Services include an automatic renewal. Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”).

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms. 

5.4. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your 123websites account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the 123websites Services may be automatically disabled or terminated. 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.

Your use of the 123websites Services will not resume until you re-subscribe for any such 123websites Services, and pay any applicable Fees in full, including any fees and expenses incurred by 123websites and/or any Third Party Services for each Chargeback received (including Fees for 123websites Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

5.5. Domains

123websites offers all paying clients the ability to purchase the domain that is pointed to their existing website provided by 123websites for $495. Paying clients are able to purchase the domain that is pointed to their existing website and continue their service with 123websites. After 12 consecutive successful payments to 123websites, client may request the domain that is pointed to their existing website provided by 123websites for $95. 

123websites offers all paying clients the ability to purchase the HTML code of their website for $995 at anytime.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any 123websites Services at any time, in accordance with the instructions available on the 123websites Services.

6.2. Cancellation by 123websites

Failure to comply with any of the 123websites Terms and/or to pay any due Fee shall entitle 123websites to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related 123websites Services (e.g., Paid Services) or Third Party Services to you. 

6.3. Loss of Data, Content and Capacity

If your User Account or any 123websites Services or Third Party Services related to your User Account are cancelled (whether at your request or at 123websites discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). 123websites shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any 123websites Services following their cancellation, as determined by 123websites in its sole discretion.

7. Misconduct and Copyrights

7.1. Misconduct and Abuse

When using the 123websites Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against 123websites with respect thereto. 

8. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, 123websites, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the 123websites Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the 123websites Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the 123websites Services; (6) events beyond the reasonable control of 123websites, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of 123websites Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for 123websites services to you, and such limitations will apply even if 123websites has been advised of the possibility of such liabilities.

9. Indemnity

You agree to defend, indemnify and hold harmless 123websites, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other 123websites Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the 123websites Services, including, without limitation, 123websites Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.