Terms and Conditions

1. Introduction

BodHost ("the Company") agrees to provide services to the Customer subject to the Terms of Service ("TOS") outlined below. By using any BodHost service, the Customer acknowledges acceptance of both the Terms of Service and the Acceptable Usage Policy ("AUP"). All provisions of this agreement remain subject to the Company's Acceptable Usage Policy. BodHost reserves the right to modify the AUP at any time. Changes to the AUP shall not constitute grounds for service cancellation, early termination, or non-payment. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, County of Cook.

2. Important Notice

All Dedicated Servers, Self-Managed VPS, Cloud Servers, Domain Registration and Transfer services, SSL Certificates, Dedicated IP orders, licensed add-ons, control panel licenses, and over-usage charges are strictly non-refundable.

3. Disclosure to Law Enforcement

The Acceptable Usage Policy strictly prohibits the use of BodHost services for unlawful activities. Customers acknowledge and agree that BodHost may disclose customer information, including assigned IP addresses, account history, service usage records, and related account information, to authorized law enforcement agencies upon receipt of a valid written request. BodHost reserves the right to suspend or terminate services associated with any activity that violates applicable laws or company policies.

4. Service Rates

Customers acknowledge that applicable service rates and charges have been communicated prior to service activation. BodHost reserves the right to revise pricing, service fees, software licensing costs, and related charges at any time. Promotional pricing remains subject to continued service viability and supplier pricing conditions. Third-party software and licensing fees may change without prior written notice.

5. Payment Terms

Service activation is dependent upon successful receipt of payment.
Recurring payments are due according to the selected billing cycle. Customers are responsible for ensuring invoices are paid on or before the due date to avoid service interruptions.

6. Payments and Fees

Accounts that remain unpaid for more than fifteen (15) days may be suspended.
Services interrupted due to non-payment may incur a reconnection fee of $50.00.
Outstanding balances may also be subject to a late fee equal to ten percent (10%) of the overdue amount.
Customers wishing to discontinue services must follow the cancellation procedure outlined within this agreement.

7. Refund Policy and Billing Disputes

All Dedicated Servers, Self-Managed VPS, Cloud Servers, Domain Registration and Transfer services, SSL Certificates, Dedicated IP orders, licensed add-ons, control panel licenses, setup fees, and over-usage charges are non-refundable.
Eligible hosting services may include a 30-day money-back guarantee specifically stated. Refund eligibility applies only to first-time accounts. Customers who previously held an account and subsequently reactivated services, or customers opening additional accounts, are not eligible for refund consideration. Any billing dispute or claim relating to overcharges must be submitted within thirty (30) days of the disputed transaction.

8. Failure to Pay

BodHost reserves the right to temporarily suspend or permanently terminate services if payments remain outstanding.
Termination or suspension shall not relieve the Customer of responsibility for all accrued charges, applicable interest, or collection-related costs.

9. Account Cancellation

Cancellation requests must be submitted through the Client Area or by emailing [email protected] from the registered account email address.
Written notice must be provided at least ten (10) days prior to renewal and not more than thirty (30) days before the intended cancellation date.

10. Banned Content and Prohibited Activities

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 following activities and content are strictly prohibited:

  • Illegal Material: Transmission, storage, or distribution of material that violates applicable laws, regulations, copyrights, or intellectual property rights.

  • Pirated Software and Unauthorized Content: Including but not limited to software piracy, ROMs, emulators, password-cracking tools, spoofing utilities, hacking resources, and related content.

  • HYIP Websites: High-Yield Investment Programs and websites promoting or linking to such services are prohibited.

  • Proxy Services: Open proxies, anonymous proxies, and remote proxy connections are not permitted on BodHost infrastructure.

  • IRC Hosting: Hosting IRC servers connected to public IRC networks is prohibited.

  • Defamatory Content: Content containing knowingly false statements intended to damage the reputation of individuals, organizations, businesses, governments, or products.

  • BitTorrent and Similar Services: The use of BitTorrent or similar peer-to-peer file-sharing applications is not permitted.

11. 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.

12. 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 [email protected] 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.
Support does not include:

  • Website development
  • HTML, CSS, or application coding
  • Custom CGI programming
  • Third-party software development
  • End-user support for reseller customers

Customers are encouraged to use the Client Area and support resources before requesting assistance.

13. 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.

  • 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.

  • 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.

  • 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.

14. Network Policies

  • IP Address Ownership: All IP addresses assigned by BodHost remain the sole property of BodHost. Customers are granted temporary usage rights only during the active service period. BodHost reserves the right to modify, revoke, or reassign IP allocations as required.

  • Bandwidth and Disk Usage: Bandwidth usage is monitored through network reporting systems. Bandwidth overages are billed at $0.50 per GB. Failure to pay overage invoices within forty-eight (48) hours may result in service suspension.

15. System and Network Security

Users are prohibited from:

  • Accessing unauthorized systems or data
  • Attempting vulnerability scans without authorization
  • Service disruption or denial-of-service attacks
  • Packet header forgery
  • Circumventing security measures
  • Obtaining unauthorized access to services

Violations may result in civil and criminal liability.

16. Notification of Violations

  • 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.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.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.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.

17. Suspension or Cancellation of Services

BodHost reserves the right to suspend or terminate services without prior notice where activities threaten network integrity, violate company policies, or create operational risks.

18. 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.

19. Miscellaneous Provisions

Customers must maintain accurate and up-to-date contact information. Failure to enforce any provision of this agreement shall not constitute a waiver of future enforcement rights.Customers may not transfer or assign services without prior written approval from BodHost.

20. Responsibility for Content

Customers remain solely responsible for all content stored, transmitted, or published using BodHost services.

21. Backup Policy

While BodHost undertakes reasonable efforts to maintain backups, backup accuracy and availability cannot be guaranteed. Customers are strongly encouraged to maintain independent backups of all critical data.

22. Windows Server Licensing

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 bodHOST with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user Customer agreements.

23. Denial of Service

BodHost reserves the right to refuse service to any individual, organization, or entity at its sole discretion.

24. Policy Changes

BodHost reserves the right to amend these Terms of Service at any time. Continued use of services following policy updates constitutes acceptance of the revised terms.