Terms of Service

Terms of Service

Boom Host – You (referred to below as the “Customer” or “You” or “Your”) agree that any Service (as defined below) offered and provided by Boom Host. (referred to below as “Boom Host” or “Our” or “Us” or “We”) and purchased by You through Boom Host’s web-sites at www.boomhost.com or my.boomhost.com (collectively referred to below as the “Sites”) are purchased and to be used by You and provided by Boom Host subject to the terms and conditions set out below and in Our

i. Acceptable Use Policy and Privacy Policy (see https://www.boomhost.com/acceptable-use-policy.php)
ii. Privacy Policy (see https://www.boomhost.com/privacy-policy/ )
iii. Affiliate Agreement (see https://www.boomhost.com/affiliate-agreement/ )

collectively referred to herein as the “Terms of Service”. Any use of Boom Host’s products or services, directly or indirectly, including through a reseller, affiliate, shall constitute acceptance of these Terms of Service.

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Boom Host Offered Services (collectively, the “Services”):

a) cPanel Web Hosting – either (i) Shared Web Hosting or (ii) Reseller Web Hosting (referred to herein as “cPanel Hosting”);

b) Hosted Email Solution (referred to herein as “Pro Email Hosting”);

c) Unmanaged and Managed Virtual Private Servers (referred to herein as “VPS Hosting”);

d) Managed WordPress Hosting utilizing Virtual Private Servers (referred to herein as “Managed WordPress Hosting”)

e) Managed or Unmanaged dedicated server custom hosting solutions (referred to herein as “Custom Hosting”); and

f) Domain name registration and transfers, dedicated IP address and SSL certificate requests.

Provision, Description and Use of Services

1. Boom Host agrees to provide the Services purchased by You (referred to herein as the “Ordered Services”) upon acceptance by Boom Host in its sole discretion of the order(s) You placed on Our Site (referred to herein as the “Order”), and receipt by Boom Host, or Our agents, of the applicable initial payment (the later to occur being referred to herein as the “Acceptance Date”). Boom Host reserves the right to conduct fraud checks on Orders received, utilizing one or more 3rd party anti-fraud verification systems. Boom Host also reserves the right to put an Order on-hold (and not provision the requested Services) until further notice or cancel it all together, if We or Our agents determine or suspect an Order to be not legitimate or fraudulent. We may contact You through the registered email address that You have on file with Us for any further verification and clarification. As an additional proof, in certain Order approval cases, You may be asked by Boom Host or Our agents to verify the PayPal account ownership email address used for making the payment, provide a photocopy of the credit card used, one or more government issued identification and authentication documents to match the name and address details You used during the Order process and/or to match Your payment and billing details on file — failure to comply with such a request will result in non-acceptance of Your Order. Note that Order verification and service provisioning can take anywhere between 1 to 12 hours from the date and time the Order was originally received by Us. Following the Acceptance Date, We will set up Your account and You will then have the right to use the Ordered Services and, if applicable, begin the transition process from Your current provider (see Transfers/Accounts Migration, below).

2. It is Your responsibility to ensure that Your contact information is accurate and up to date at all times. We will use the primary e-mail address that You have registered with Us if We need to contact You for any reason. During the sign-up process, You agree that You will not provide Us with a contact e-mail address for a service that You are signing up under or that is yet to be activated. The primary e-mail that You provide during initial sign-up, or if You update it in the future, will undergo a verification procedure, which, if not verified, may result in Your Order not being approved or termination of Your account.

3. In order to receive all Boom Host emails in a safe manner and to avoid missing important communications, it is Your responsibility to (i) Whitelist @www.boomhost.com e-mail domain and the ability to accept all e-mails sent by Us on Your e-mail client software and/or any other anti-spam filters that You may use; and (ii) You always check Your “Spam” or “Junk” e-mails for e-mails from Boom Host.

4. Boom Host accepts payments in USD (US Dollars) and/or CAD (Canadian Dollars) currencies. All customers can make payments in USD currency. However, any customer placing an Order using CAD billing must have a valid Canadian Billing and/or Mailing address registered with Us, otherwise We reserve the right to decline or not accept such Order. Regardless of currency type used, all customers with a Canadian Billing and/or Mailing address must agree to pay any applicable taxes for all products purchased.

5. You acknowledge that Your use of any Service does not grant You any ownership right in any of the equipment, software or facilities owned or used by Boom Host in providing any Services to You.

6. Your continuing use of Your Ordered Services is subject to (i) Your continuing payment when due of any applicable fees (see ‘Fees’ section, below), and (ii) Your continuing compliance with all Terms of Service.

7. You will ensure that the login credentials used to access Your Ordered Services on Our Sites are kept safe and secure always.

8. You agree not to use any of the Ordered Services in contravention of the laws of the Province of Ontario, Canada, the federal laws of Canada, and the laws of each other country in which You use the Ordered Services from time to time.

9. You agree that You are responsible and liable for all Your actions and the actions of Your customers, employees, agents, contractors or other persons that use or have access to any of Your Ordered Services as if such actions were made by You directly, including, without limitation, in respect of the use of any of Your Ordered Services or any data uploaded to, or transmitted from, Your account. This section shall survive any cancellation or termination of Your Ordered Services.

10. We reserve the right to impose limits and restrictions on how much of any aspect of Our Services is being utilised by You. For Our cPanel Hosting customers, We place the following additional restrictions on usage, and
You may not:

11. cPanel Hosting customers, Managed VPS and Managed WordPress Hosting customers may only use the allocated disk space for storing web files, active email and content related to serving of website(s). You may not use Your allocated disk space as a “storage container” (whether storing of media, emails, or other data), including offsite storage of electronic files, email or FTP hosts. Boom Host explicitly reserves the right to review every hosting account under Your Ordered Services for excessive usage of disk space to ensure compliance with these Terms of Service.

12. Pro Email Hosting customers may only use each allocated mailbox storage for storing emails and any associated attachments. XMPP Chat/Instant Messaging Service (where applicable) may only be used for text messaging between mailbox owners hosted under the same Organization or Post-Office. No Video/Audio chat over XMPP Chat/Instant Messaging Service is allowed. File Store and/or File Upload option (where applicable) may only be used to store frequently emailed attachment files and We reserve the right to restrict the number of maximum files that can be stored. You may not use Your allocated mailbox space as a “storage container” (whether storing of media or other digital data), including offsite storage of electronic files or FTP hosts. Boom Host explicitly reserves the right to review every mailbox account under Your Ordered Services for excessive or abnormal usage of mailbox storage to ensure compliance with these Terms of Service.

13. The total disk space advertised or allocated for Managed VPS and Managed WordPress Hosting Services will include storing of Operating System files and all other necessary Software tools as required for Us to efficiently manage and secure Your Ordered Services.

14. If any of Your Ordered Services or Our server/network is under any type of DoS or DDoS attack (regardless the attack is directly targeted at Your Ordered Service or not), We reserve the right to determine the duration of real-time DDoS mitigation/traffic scrubbing performed against such malicious attacks. At Our sole discretion We reserve the right to null route one or more IP addresses related to Your Ordered Services to stop any type of DDoS attacks received.

15. Any reselling of Our Services is strictly prohibited unless You have a cPanel Reseller Hosting and/or Pro Email Hosting account with Us (see ‘Resellers’ section, below).

16. Backup and Restore

17. The “Support Ticket Procedure” means any of the following:

18. If You have requested that We obtain a domain name for You, the related amount stated in Your Order will be charged to You. We make no guarantee that the requested domain name will be available. You are otherwise responsible for the transfer, registration and/or renewal or maintenance of all domain names to be used by You in connection with the use of Your Offered Services.

19. We provide free open certificate authority (CA) issued SSL certificates (Let’s Encrypt SSL) where applicable. However, You may request and pay Us to obtain a commercially available SSL certificate for You. We may revoke or refuse an SSL certificate without prior notice, and reserve the right to provide an equivalent SSL certificate in the event that the certificate You requested is not available. We make no representations, warranties or provide any guarantees with respect to such certificates nor do We provide any technical support services in respect thereof other than initially installing it for You.

20. If You have requested that We obtain a dedicated IP address for You, the related amount stated in Your Order will be charged to You. If an IP address is assigned to Your Ordered Services with Us and it becomes blacklisted or blocked, You will be charged in equivalent of US$50 penalty/administration fee payable by You upon it being posted to Your account.

21. You must return to Boom Host all IP addresses issued by Boom Host to You if You cancel Your Ordered Services.

22. It is Your responsibility to ensure that scripts/programs installed or run under Your Ordered services are secure and permissions of directories are set properly, regardless of the installation method used. You are ultimately responsible for all actions taken under Your account or Ordered Services. This includes the compromise of credentials such as Your username and password. You are required to use a secure password always. If We discover that a weak password is being used, Your account may be suspended until You agree to use a more secure password.

23. We reserve the right (with or without notice) to immediately disable or delete any Scripts/Programs that SEND or RECEIVE large amount of emails on Our network or servers, whether knowingly or unknowingly due to programming errors, misconfiguration or for other reasons. If email abuse continues to happen, We also reserve the right to immediately suspend Your account suspected of conducting such malicious or abnormal activities.

Resellers

If You opened a cPanel ‘Reseller Hosting’ account and/or “Pro Email Hosting” account with Us then You are sometimes referred to herein as a “Reseller” and, in addition to the other Terms of Service, the following shall apply to Your cPanel Reseller Hosting and/or Pro Email Hosting Services:

1. You must have an active cPanel Reseller Hosting and/or Pro Email Hosting account with Us in order to resell . No other Service of Our’s may be resold by a Reseller.

2. As a Reseller, You have all legal and financial liability and responsibility to all of Your customers and are responsible for all sub cPanel accounts and Mailboxes created by You and/or Your customers. We provide Services to You and not directly to Your customers.

3. As a Reseller, You agree that You are legally responsible and liable for all content stored or transmitted by, and all actions of, Your customers, employees, agents, contractors or other persons that use or have access to any of Your Ordered Services as if such actions were made by You directly.

4. You will monitor and are responsible for all of Your resold accounts or customers’ sub cPanel accounts and Mailboxes to ensure that they are compliant with these Terms of Service.

5. You agree to indemnify Boom Host against all losses and liabilities of any kind whatsoever incurred by Us as a result of Your use of Your Ordered Services that adversely affects Your customers and which results in a claim against Us.

6. FREE billing system licence (WHMCS) provided by Boom Host to cPanel Reseller Hosting are not transferable and may only be used on servers owned and managed by Boom Host. No more than ONE free billing system license is assigned PER Reseller Customer (not PER Reseller Account that You own with Us). Free WHMCS billing system license that We provide to You will contain WHMCS “branding” and is valid only up to 250 clients. If We detect that an already issued FREE billing system license key is not actively being used or it has not been activated/associated with any domain for more than 60 days since the date of its original issuance to You, then We reserve the right to cancel Your existing license key with or without notifications. You may always obtain a replacement WHMCS license key by contacting Us. You are entitled to pay Us a fee in equivalent of US$20 every time when You decide to switch between different billing system software that We may have offered it for FREE of charge (such as switching from WHMCS to Blesta or ClientExec or vice-versa).

This section shall survive any cancellation or termination of Your Ordered Services.

Transfers/Accounts Migration

Our team will use reasonable efforts to help You move Your current services with other providers to Your Ordered Services with Us, but We cannot make any guarantees of the transfer process and in certain circumstances We may be unable to assist You in transferring Your data from Your previous provider.

For Our Pro Email Hosting customers, MailEnable provides an easy to use migration tool which You can utilize if You are migrating Your emails from another server to Our server. In addition, You can also make use of IMAPSync tool that We publicly make it available at https://imapsync.boomhost.com. If You require Our help to migrate a mailbox a service fee in equivalent of $5 USD per mail box will be charged for each mailbox that needs to be migrated or, if You have a large number of mailboxes to migrate, a discounted price can be negotiated by contacting Our sales or billing team. To avoid any service disruptions, You must keep Your existing e-mail hosting service active with Your old provider until Our team confirms that the transfer is successfully completed.

For Our cPanel Hosting and Managed VPS Hosting customers, the following conditions apply when You request Us to do accounts transfer/migration from Your old hosting provider to Our servers.

1. For Our team to help transfer/migrate ALL Your cPanel accounts (free of cost), You must provide Us with at least one of the following:

2. The filename of each individual cPanel backup file that You provide to Us must use one of the following formats: cpmove-{USER}, cpmove-{USER}.tar, cpmove-{USER}.tar.gz, {USER}.tar, {USER}.tar.gz, backup-{BACKUP-DATE_TIME}_{USER}.tar, backup-{BACKUP-DATE_TIME}_{USER}.tar.gz

3. Our cPanel Hosting servers do not support cPanel Transfer Tool.

4. To be eligible for the FREE Reseller cPanel account transfers, all transfer requests must be submitted within 30 days of Your sign-up

5. In case, You decide to share any login information with Us (in order to access Your old provider’s server and to take account backups on Your behalf), We take no responsibility of whatsoever when Our support team logs in and accesses Your old server/account. It is also Your responsibility to ensure that Your account at the old provider has adequate free space available for Us to take any necessary backups.

6. If You are unable to provide Us with a FULL Backup of cPanel Account, then Our support team can only help migrate Your website and emails manually for an additional fee to be determined by Our Sales and Billing team based on the amount of migration work involved.

Under all scenarios (for all Your Ordered Services), You must always submit the transfer request by opening a support ticket and provide Us at least 48 hours prior notice to when You want Us to begin the accounts transfer/migration process. The afore-mentioned “prior notice” is mandatory so that We can adequately plan and book Our internal resources or manpower who will be assigned to perform the actual migration tasks, to avoid accounts migration work from taking place during a scheduled network or server maintenance window and to keep clear from any other conflicts that We may run into. After Our team begins the accounts transfer work, depending on the number of accounts involved and the size of the restores, it can take anywhere between 1 to 48 hours to complete all migration steps. You must keep Your old hosting service active until all transfer/migration steps are completed by Our team and verified by You.

If You require an immediate assistance with accounts transfer/migration work or consider Your request as a “high” priority, then Our support team may be able to accommodate Your urgent request for an additional one-time service fee (to be determined by Our Billing Department).

Under all circumstances and regardless of the various available method used for Transfers/Accounts and Data Migration including any use of any third-party tools and software (cPanel, MailEnable, IMAPSync, etc), We do not accept any responsibility and will not be liable for any loss of data or damage suffered by You whatsoever arising out of or in connection with any ability/inability to access or use the migration tools and software that we make available to Our customers and visitors.

Support

Our Services include end-user support to Our direct customers ONLY. In order to make use of Our end-user support You must follow the Support Ticket Procedure (described above) otherwise support will not be provided.

End-user support may be delayed or not provided, as determined by Boom Host in Our discretion, if You are in breach of any of the Terms of Service, including non-payment of Fees.

Although, Boom Host has internal SLAs that We strive to meet for Our support services offered via Our ‘Live Chat’ system, Our Support Portal or otherwise using the Support Ticket Procedure, there is no guaranteed support ticket response or resolution time that We promise to Our customers, but We aim to provide an initial response within 2 hours of receiving a Support Ticket.

cPanel Hosting Resellers, Managed VPS and Managed WordPress Hosting customers are responsible for directly supporting their customers. We do not provide direct support to Your customers. Any support request that We receive must be made directly by You (Our customer) for security and privacy reasons. You are responsible for the content and nature of any support replies that You provide to Your clients.

Scope of Support

Support is provided solely in the English language.

It is expected that You have the required computer literacy and understanding of Internet concepts such as domain name, e-mail and file transfer protocols, DNS zones, etc.

Our support agents can assist You with answering or configuration of most basic settings related to setting up an e-mail account using any well-known e-mail client software, such as Microsoft Outlook, etc. Similarly, in order to help you make a successful connection to Your Ordered services or account, Our support agents can assist with basic configuration or troubleshooting of any standard FTP software and connectivity related to cPanel/WHM, MailEnable and Virtualizor control panels.

Additionally, with the exception of Managed VPS Hosting and Managed WordPress Hosting, You are entirely responsible for the installation and configuration of any and all scripts/applications running under Your Ordered Services/account. Our support agents will NOT troubleshoot or provide any kind of support relating to malfunctioning scripts/applications. For security reasons it is Your responsibility to maintain the latest version of any scripts/applications that run or are installed under Your Ordered Services.

We reserve the right to decide what software gets installed/upgraded/downgraded and resides on Our servers such as LiteSpeed Web Server, MariaDB, PHP, etc. We also determine the version and configuration of all installed software on Our servers. Therefore, We are not responsible or provide any guarantee for compatibility of Your own software (including any custom or 3rd party scripts/applications) with the software and services that We run on Our servers.

Promotional or Discount Coupon Codes

Discount and coupon codes apply only to the specific Service(s) described in the related Boom Host promotion and cannot be applied to any other Service. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, a Service are not applicable. Upon any downgrade, upgrade or closure of a Service to which a discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. You may not combine multiple coupon codes, other offers and promotions towards a single purchase. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. Boom Host reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.

Term and Termination/Cancellation, Refunds, Renewals, Fees and Payments

All advertised Service fees on Our Sites do not include any applicable taxes. Any taxes imposed by a government entity on the Services will be added to the invoices generated, unless You provide Boom Host with a valid (as determined by Us in Our sole discretion) tax exemption certificate issued by a government authority.

The date format used in Our invoices and all billing related activities are in YYYY-MM-DD format.

Each Ordered Service is provided by Boom Host on a month-to-month, annually (12 months) and biennially (24 months) basis, as set out in Your Order, commencing on Your Acceptance Date and shall automatically renew for successive one month or twelve months or twenty-four months periods, as applicable, until cancelled by You or Boom Host. Fees for Services are payable in advance for the upcoming month, year or biennial, as applicable.

You may cancel any Ordered Service at any time in accordance with these Terms of Service, but will not be entitled to any refund of fees in respect of a partial month. If You chose to pay for an Ordered Service at the discounted annual or biennial rate in advance and cancel prior to the end of the renewal term then You may be entitled to receive a partial refund for the remaining term on Your account. If Your Ordered Service is eligible for Our 30 day money back guarantee then You must explicitly open a billing ticket with Us requesting a refund in addition to submitting a service cancellation request which is done via Our Client Zone.

If You chose to pay for Your Services on a monthly basis then You authorize Us and Our payment agent to automatically charge, on the monthly anniversary of Your applicable Acceptance Date (subject to the billing date adjustment described at the end of this paragraph, if applicable), the credit card, debit card or PayPal account, as applicable, You have on file with Us or Our payment agent for Your then applicable monthly Services fee amount and to continue to do so each month thereafter unless You have cancelled all of Your Services with Us. If You chose to pay for Your Ordered Services annually in advance then You agree that the references to ‘monthly’ and ‘month’ in the previous sentence will be read as ‘annually and ‘annual, respectively. Similarly, if You chose to pay for Your Ordered Services biennially in advance then You agree that the references to ‘monthly’ and ‘month’ in the afore-mentioned sentence will be read as “biennially” and “biennial”, respectively. If You chose a month-to-month contract and Your Acceptance Date falls on the 29th, 30th or 31st day of a month and a billing month does not have those dates, then the billing day for the first such month (and for future months) will be the 31st day after Your normal billing date — for example, if January 31 is Your Acceptance Date, then Your initial billing date would be January 31, while Your next billing date would be March 3 (assuming it is not a leap year) and thereafter Your recurring billing date would be the 3rd day of each month.

You can only request a cancellation or termination of Your Ordered Services through Our “Client Zone” site located at my.boomhost.com. You must first login to Our Client Zone -> Select “My Products/Services” -> Select the product You wish to cancel or terminate -> click on “Request Cancellation” button located at the bottom of that page. Upon receiving the cancellation service request that You submitted, Our billing system will send out a confirmation e-mail to Your registered email address that We have on file. Any cancellation or termination requests that We receive through any other contact method such as ‘Live Chat’, ‘Ticket System’, e-mail, by phone, etc., will not be accepted or treated as an official cancellation request. A cancellation/termination must be made at least 7 days before Your next invoice is due, otherwise You will be charged the full invoice amount and the cancellation/termination request will not become effective until the next following invoice due date.

Under any circumstances no refunds, money back, or account credits are provided for any fees You paid towards one or more purchases of domain name registrations/renewals, domain name ID protection, domain name inbound/outbound transfers, Commercial CA issued SSL certificates, cPanel and other accounts transfers, E-mail Hosting, VPS Hosting, Managed WordPress Hosting, Custom Hosting, WHMCS billing system licenses, cPanel/WHM control panel licenses, and web design/development/malware removal and other one-time or recurring add-on paid services.

If Your account accumulates a debt, We may at Our discretion pass Your details to a 3rd party debt collection company or may sell Your debt to a 3rd party. If Your account is passed to a debt collection company or the debt is sold, You agree that We may charge You an administration fee up to in equivalent of US$100.

Boom Host reserves the right to terminate any account and Your Ordered Services at any time, for any reason, including, but not limited to, a breach of these Terms of Service.

We reserve the right to charge You and You agree to pay a late fee equal to 15% of the invoiced amount (in the currency Your account is associated with), for any invoice that is overdue by more than 7 days from the payment due date listed on such invoice.

All of Your Ordered Services will be suspended if You have an unpaid invoiced amount outstanding for more than 7 days of its due date. Your account and all of Your Ordered Services will be terminated if You have an unpaid invoiced amount outstanding for more than 14 days of its due date. You acknowledge that in the event that Your account and Ordered Services are terminated in such circumstances, all of Your data including any backups copies will be permanently deleted from Our servers and We will have no liability to You.

This section shall survive any cancellation or termination of Your Ordered Services.

Limited Conditional Money Back Guarantee for cPanel Hosting Customers

Our cPanel Hosting Services come with a limited conditional 30 day money back guarantee commencing on the Acceptance Date for the cPanel Hosting Service. Once 30 days has passed from Your Acceptance date, You will no longer be eligible for this guarantee. You agree and understand that usage of Your account or request of any promotional items may affect the total refundable amount.

The money back guarantee does not apply to fees paid for domain name registrations, transfers or renewals, commercially obtained SSL certificates, dedicated IP addresses, and any other optional add-ons, including fees paid to Us for transfers/accounts migration and/or other professional services.

The Money Back Guarantee will not apply to Your Ordered Services if:

a. You have previously signed up for any Service and used the guarantee (or any predecessor thereof) in respect of any of those Services. For example, if You had an account with Us in the past, cancelled it and then signed up again, or if You have opened a second account with Us, You will not be eligible for Our money back guarantee;

b. You placed a cancellation request during the Money Back Guarantee period but did not explicitly request a money back via the cancellation request that You created or by opening a ticket with Us;

c. You requested Us to do free transfers/accounts migration from Your old hosting provider to Our servers;

d. If You are a cPanel Hosting Reseller and You have requested a free billing system (WHMCS) licence from Us then You will not be eligible for this guarantee; or

e. You are in breach of any of these Terms of Service.

Uptime Guarantee

Boom Host guarantees a 99.9% network uptime (determined on a calendar month basis) for its cPanel Hosting, E-mail Hosting, VPS Hosting, Managed WordPress Hosting and Custom Hosting Services.

If We fail to maintain Our uptime guarantee, then the following service level credits will be applied to Your account to be used as a credit toward Your future fees for the affected Service and otherwise have no cash value and are not refundable. Service level credits only apply to, and cannot exceed, Your then applicable base monthly fee for the related Service covered by this uptime guarantee, but excluding any fees for billing system licences, ssl certificates, IP addresses, domain names, website migration, professional services and any other optional add-ons.

For cPanel Hosting (Shared or Reseller), VPS Hosting, Managed WordPress Hosting, and Pro Email Hosting customers the following credits apply to the guarantee:
100% – 99.9% uptime – No credit
99.9% – 99% uptime – 10% credit
99% – 95% uptime – 25% credit
Less than 95.0% uptime – 100% credit

For Custom Hosting customers, the following credits apply to the guarantee:
100% – 99.9% uptime – No credit
99.9% – 98% uptime – 25% credit
98% – 96% uptime – 50% credit
Less than 96.0% uptime – 100% credit

Our systems and monitoring tools determine the uptime of Our Services and We have the final say in determining actual availability/uptime. Your use of any monitoring tool will not be taken into account for any uptime guarantee claim.

Excluded from the uptime guarantee are network or server interruptions as a result of: regularly scheduled maintenance work; denial of service (DoS or DDoS) attacks, brute-force attacks or third party hacking of Our servers; infrastructure failure of Our upstream service providers; problems due to Your Internet connection; Service suspension or termination due to billing related issues; Our data center’ backbone peering point issues; ‘acts of God’ or any other circumstance beyond Our reasonable control; software bugs/flaws; and acts or omissions of Our customers.

If and when Your Ordered Service is under any type of DoS or DDoS attack, We reserve the right to determine the duration of real-time DDoS mitigation/traffic scrubbing performed against such attacks. At Our sole discretion We also reserve the right to null route one or more IP addresses related to Your Ordered Services to stop any type of large DDoS attacks received.

To make a claim under the uptime guarantee You must open an ‘uptime guarantee’ support ticket using the Support Ticket Procedure noted above within 2 days of the end of the month to which the uptime guarantee request relates. The uptime guarantee is not available for any requests submitted after the 2 days deadline.

Allowed/Disallowed Content on Our Servers

In addition to and without in any way limiting Our Acceptable Use Policy, prohibited materials on all of Our Services include:

Explicit Adult content (such as Pornography and/or Nudity), Torrent sites, Pirated software, Warez, Image Hosting Scripts (similar to Photo Bucket), Proxy Scripts/Anonymizers, IRC Scripts/Bots, IP Scanners, Bruteforce programs/scripts/applications, Banner-Ad services of any kind, File dumps (similar to RapidShare), Audio/Video streaming (no more than one or two simultaneous streams allowed), Escrow, Bank debentures, High-Yield Interest Programs (HYIP) or Related sites, Investment sites (FOREX, etc), Lottery Sites, MUDs/RPGs/PPBGs, prime bank programs, sale of any controlled substance without prior proof of appropriate permit(s), hacker focused activities or sites/archives/programs, forums and/or websites that distribute or link to warez/pirated/illegal content/hacking/cracking/key generators, Fraudulent sites, sites promoting any kind of illegal activities, Mail Bombers/Spam Scripts, AutoSurf sites, Hate sites, Game Servers.

We reserve the right to refuse service to anyone at anytime. Any material that in Our own judgement, if deemed unacceptable, obscene or threatening will be prohibited and removed from Our Servers/Network immediately with or without notice.

In addition, Boom Host has ZERO TOLERANCE towards the following:

a. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site or account found to host child pornography or linking to child pornography will be suspended or terminated immediately with or without notice.

b. SPAM, delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail of any kind sent from Our network or servers. We reserve the right to immediately suspend or terminate accounts suspected of conducting these activities.

c. No phishing sites or content are allowed. If found to be hosted on Our servers or on the network, We reserve the right to suspend or terminate Your Ordered Services with or without notice. We consider Phishing sites to be sites that attempt to obtain sensitive information such as usernames, passwords, and credit card details for malicious reasons by pretending to be a trustworthy, legitimate business.

d. No Game Servers of any kind are allowed to run or hosted under ANY of Your Ordered Services. We reserve the right to immediately firewall and block or deny any common communication ports utilized by Game Servers, subsequently We also reserve the right to suspend or terminate Your Ordered Services with or without prior notice to You.

Under all circumstances We reserve the right to report the finding to the appropriate law enforcement agency and provide them with any information requested about Your Ordered Services with Us including Your data and/or personal contact information that We have on file.

Outbound Mail (SMTP) Monitoring

For all Your Ordered Services, in an attempt to protect the reputation of Our IP addresses, reliability of email delivery and to safe-guard Our network from SPAM and/or other bulk e-mail activities, We reserve the right to monitor the amount of SMTP (all outbound e-mail) traffic and its origination source by using one or more third party transparent and/or cloud hosted mail proxy software (such as SpamAssassin, MailChannels, , etc). If Our automated systems detect an abnormal amount of outbound emails or suspicious outbound e-mail activities originating from Your Ordered Service then We will immediately block such traffic and/or suspend Your Ordered Services with or without a prior notice to You.

Cloud based Third-Party Spam Filtering for Inbound and Outbound Emails

For all Your Ordered Services, where applicable, the emails You and Your Customers send and/or receive on Our servers may pass through Mailchannels network, a third-party hosted cloud based anti-spam filtering service that We utilize and offer to Our customers. By agreeing to Our Terms of Services, You also agree and subject to Mailchannels’ Terms of Services and Privacy Policy as explained on the below links:

https://www.mailchannels.com/terms-of-service/

https://www.mailchannels.com/privacy-policy/

“Unlimited Bandwidth” or “Unmetered Bandwidth” Fair Usage Policy

Boom Host advertises some of its Services with “Unlimited or Unmetered Bandwidth”. The term “Unlimited or Unmetered Bandwidth” basically means that We will not set a cap on the amount of data transfer (download or upload) incurred for all legit visitor traffic towards one more websites hosted under Your Ordered Services so long as You abide by the rest of Our Terms of Service. We only start restricting the access/bandwidth when an account under Your Order Services negatively impacts Our servers and/or network performance thus violating any of Our Terms of Service. In most cases, if You use Our Services appropriately then visitors to Your website will be able transfer as much content as they wish.

Affiliate Program

By submitting an application to join and/or by participating in Our affiliate program, You are confirming that You have read the Terms And Conditions (ToS) outlined on this document and Boom Host affiliate agreement located at https://www.boomhost.com/affiliate-agreement/ and that You agree to be bound by these terms and conditions.

Boom Host Disclaimers and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, BOOM HOST DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE SERVICE OR TRANSACTIONS, CONFIDENTIALITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, RELIABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL BOOM HOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF RESOURCES OR FACILITIES INCLUDING COMPUTER RESOURCES, SERVERS (VIRTUAL OR OTHERWISE) AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED BY BOOM HOST OR OTHERWISE RELATED TO THE TERMS OF SERVICE, EVEN IF BOOM HOST OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL BOOM HOST’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN UP TO ONE MONTH’S WORTH OF FEES ACTUALLY PAID BY YOU TO BOOM HOST FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES. IN NO EVENT WILL BOOM HOST BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, TROJANS, MALWARES, HACKING, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, BOOM HOST’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR CUSTOMERS, OR YOUR OR YOUR CUSTOMERS RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF BOOM HOST.

FOR THE PURPOSES OF THIS AND THE IMMEDIATELY FOLLOWING SECTION, ‘BOOM HOST’ SHALL INCLUDE BOOM HOST’S AFFILIATES AND BOOM HOST’S AND ITS AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.

THIS SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR ORDERED SERVICES.

Customer Indemnity

Without limiting any other indemnity in the Terms of Service, You agree that You shall defend, indemnify, save and hold Boom Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal/attorney’s fees asserted against Boom Host that may arise or result from any service provided or performed or agreed to be provided or performed, or any product sold by, or any other action taken by, You or Your agents, employees customers or assigns using or otherwise in connection with Our Services, including, without limitation, any and all demands, liabilities, losses, costs and claims arising out of: (i) bodily injury to any person or property caused by any products sold or otherwise distributed in connection with Your Ordered Services; (2) any material supplied by You infringing or allegedly infringing on intellectual propriety rights of a third party, including without limitation, copyright, patent or trademark infringement; and (3) any defective products sold to customers using an Ordered Service.

This section shall survive any cancellation or termination of Your Ordered Services.

Changes

Boom Host reserves the right at any time to modify the Terms of Service and to add new or additional terms or conditions on Your use of Boom Host’s Services. Modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. Your continued use of any Boom Host Service will be deemed acceptance thereof.

General

All fees for Services are exclusive of applicable sales, use, service, excise and value added taxes which You agree to pay to Boom Host, if applicable. Boom Host takes no responsibility for any additional currency conversion charges or other charges incurred by You through PayPal, Your bank, or any other financial institution You deal with.

Any provision of the Terms of Service which are held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the Terms of Service, all without affecting the remaining provisions of the Terms of Service or affecting the validity, legality or enforceability of such provision in any other jurisdiction.

Boom Host and other trademarks referenced on the Sites are the trade-marks of the respective trade-mark owners. All other content on this website is Copyright © Boom Host. and may not be reproduced without express prior written consent.

Your Order together with the Terms of Service constitute the entire understanding and agreement between You and Boom Host in connection with Your Ordered Services and supersedes any and all prior and contemporaneous oral or written representations, communications, understandings and agreements between You and Us with respect to the subject matter hereof.

You hereby consent to the exchange of information and documents between You and Us electronically over the Internet or by e-mail, if to You to the primary e-mail address You have on file with Us or if to Boom Host to its e-mail addresses as set out on the Sites and that these Terms of Service together with Your Order shall be the equivalent of an original written paper agreement between You and Us.

Boom Host, the Sites and its servers are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, You agree to binding arbitration in the City of Toronto in accordance with the provisions of the Arbitration Act 1991 (Ontario) to be handled by an arbitrator chosen by Boom Host. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the Ontario International Sale of Goods Act as amended, replaced or re-enacted from time to time. For greater certainty, You agree to waive any right You may have to commence or participate in any class action against Boom Host related to the purchase or use of Your Ordered Services, the exchange of electronic documents between Us, or these Terms of Service and, where, applicable, You also agree to opt out of any class proceedings against Boom Host or its licensors. We have required that these Terms of Service and all documents relating thereto be drawn-up in English. Nous avons demandé que cette modalités de service ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.