IMPORTANT NOTICE: *All Dedicated Server Payments to bodHOST Are Non-Refundable*
bodHOST ("The Company") agrees to furnish services to the Customer, subject to the following Terms of Service (TOS).
Use of bodHOST Service constitutes acceptance and agreement to bodHOST's Acceptable Usage Policy (AUP) as well as bodHOST's Terms of Service (TOS).
All provisions of this contract are subject to the Terms of Service (TOS) of bodHOST and Acceptable Usage Policy (AUP). The AUP may be changed from time-to-time at the discretion of the Company. Customer understands that change to the AUP by the Company shall not be grounds for early service termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition, bodHOST shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time-to-time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. License costs of all third party applications and software offered with our plans are subject to change without written intimation.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
4. Payments and Fees: Service will be interrupted on accounts that reach 15 days past due. Service interrupted for non-payment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to 10% late fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to bodHOST for dedicated servers are non-refundable. This includes the one time setup fee (if any) and subsequent charges regardless of usage. Although, other hosting services have a provision of a 30 days money-back Guarantee. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Only first-time accounts are eligible for a refund. If you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for cancelling accounts may be made in writing with at least 10 days notice but not more than 30 days prior written notice and sent to billing@bodHOST.com from customer's registered email address or submitted via Client Area
8. Banned Content : Customers must use the Services provided for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data or material in violation of any British law is prohibited. The list of banned content includes, but is not limited to :-
(a) Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
(b) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
(c) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
(d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Servers. This includes Open or "Anonymous" proxy servers. The first offense committed by the Customer will result in suspension of their Account. Any second violation will result in immediate Account termination.
(e) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, 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 second violation will result in immediate account termination.
(f) Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
(g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
9. Customer acknowledgement: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
10. Support Boundaries: bodHOST, provides 24x7 technical support to all Customers. We limit our technical support to our area of expertise. The following are our guidelines when providing support: bodHOST provides support related to your server or virtual site physical functioning. bodHOST does not offer technical support for application specific issues such as cgi programming, html, or any other issue. bodHOST does not provide technical support for YOUR customers. If you email, we encourage you to email support@bodHOST.com for assistance. If you are able to get online and have additional questions, the answers may be on our web site; we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please investigate these resources before calling technical support.
11. SPAM and Unsolicited Commercial Email (UCE): bodHOST takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of bodHOST may not use or permit others to use our network to transact in UCE. Customers of bodHOST may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam. We reserve the right to occasionally sample bulk emails being sent from servers.
"bodHOST will not be obligated to change the IP address of your server in case the IP address gets blacklisted due to any spamming or mass emailing activities carried out from the server."
1. Violation of bodHOST's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, bodHOST will initiate an immediate investigation (within 24 hours of notification). During the investigation, bodHOST may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, bodHOST may, at its sole discretion, restrict, suspend or terminate customer's account. Further, bodHOST reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. bodHOST will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $100.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75.00 per hour that bodHOST personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Customers are ultimately responsible for the actions of their clients over the bodHOST network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, 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.
1. IP Address Ownership: If bodHOST assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to bodHOST, and Customer shall have no right to use that Internet Protocol address except as permitted by bodHOST in its sole discretion in connection with the Services, during the term of this Agreement. bodHOST shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by bodHOST, and bodHOST reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's or APINIC new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
bodHOST will provide individual IP address for SSL domains. To request IP for domain(s), the client has to provide the proof of purchase of the SSL certificate or the certificate itself. bodHOST reserves the rights to limit the allocation and the number of allotted additional IPs (post proper justification for IPs) and the additional IPs will not have rDNS set up. It should also be noted that bodHOST will not be obligated to provide any refunds in case the IP justification and assignment isn't covered under APNIC or ARIN's policies.
2. Bandwidth and Disk Usage: The bandwidth usage status can be obtained only in graphical format and that we can provide them via email if requested or else the invoice for overage will be generated in the following month if applicable. The bandwidth overage will be calculated using the graphical report as these are based on concrete data that we take on each port of everything on our network.
In the event that a customer exceeds the included allocation, bodHOST may, at its sole discretion, collect a deposit, in an amount determined by bodHOST, against customer's credit card on file with bodHOST or else failing to clear bandwidth overage invoice within 48 hours time will result in suspension of their services. For bandwidth over usage, bodHOST will charge $0.50 per GB of bandwidth.
3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the bodHOST Network. Violations of system or network security may result in civil or criminal liability. bodHOST will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
1. bodHOST is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
2. First violation: Any User, which bodHOST determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at bodHOST's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
3. Second Violation: Users that bodHOST determines to have committed a second violation of any element of this Acceptable Use Policy shall be subjected to immediate suspension or termination of service without further notice.
4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: bodHOST reserves the right to suspend network access to any customer if in the judgment of the bodHOST network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which bodHOST chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
17. Indemnification: bodHOST wishes to emphasize that in agreeing to the bodHOST Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies bodHOST for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to bodHOST or the bringing of any claim against bodHOST by any third-party. This means that if bodHOST is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against bodHOST, plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
1. A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
2. Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
3. bodHOST takes no responsibility for any material input by others and not posted to the bodHOST Network by bodHOST. bodHOST is not responsible for the content of any other websites linked to the bodHOST Network; links are provided as Internet navigation tools only. bodHOST disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
bodHOST is not responsible for any damages your business may suffer. bodHOST does not make implied or written warranties for any of our services. bodHOST denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by bodHOST
19. Responsibility for Content: You, as bodHOST's customer, are solely responsible for the content stored on and served by your bodHOST server.
20. Backup Options: We undertake reasonable efforts to back up the data of our customers, but cannot guarantee the accuracy and regularity of this data, and hence the customer is expected to maintain a regular backup for own services or purchase additional backup from bodHOST.com. If you would like to know the prices for our backup plans and other associated information, please feel free to contact our Sales Department.
21. Windows Servers: Requirements for using Microsoft software. Customers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
bodHOST may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships. bodHOST has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by bodHOST and not by the Third Party Vendor. Neither bodHOST nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from bodHOST or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither bodHOST nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user Customer agreement for third party products and that customer shall be fully liable to third party vendors and bodHOSTwith respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user Customer agreements.
22. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.