Terms of Service

Data-Center

Terms of Service

Boom Host Inc. - You (referred to below as the “Customer” or “You” or “Your”) agree that any Service (as defined below) offered and provided by Boom Host Inc. (referred to below as “Boom Host” or “Our” or “Us”) 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 Acceptable Use Policy and Privacy Policy (see https://www.boomhost.com/acceptable-use-policy.php) (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, shall constitute acceptance of these Terms of Service.

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 e-mail solution using SmarterMail® (referred to herein as "E-mail Hosting”);

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

d) 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 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 provided to Us when You completed Your Order 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 @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. 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.

5. 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.

6. You will ensure that the login credentials used to access Your Ordered Services on our Sites are kept safe and secure at all times.

7. 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.

8. You agree that you are responsible and liable for all of 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.

9. 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:

a. Use up 25% or more of system resources for more than 120 seconds; There are numerous activities that can cause this behaviour such as CGI scripts, FTP, PHP, HTTP, MySQL, etc.

b. Run cron jobs with intervals of less than fifteen-minutes;

c. Run any BitTorrent application, tracker, or client. Linking to torrents hosted off-site is allowed but You may not host or store on Our servers;

d. Run stand-alone or unattended server side scripts/programs/daemons such as IRCD;

e. Run any type of scripts (including web spider) which indexes websites;

f. Run any game servers such as Counter Strike, Half Life, BattleField 1942, etc;

g. Run any file-sharing/peer-to-peer activities;

h. Run any scripts/programs/software/daemons that interfaces with IRC (Internet Relay Chat) network or operate any type of chat platform hosted on Our servers.

10. cPanel 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 cPanel Hosting account for excessive usage of disk space to ensure compliance with these Terms of Service.

11. Any reselling of Our Services is strictly prohibited unless You have a cPanel - Reseller Web Hosting account with Us (see ‘Resellers – cPanel Hosting’ section, below).

12. We back up all information stored on Our servers in connection with our cPanel Hosting and E-mail Hosting services for Our disaster recovery purposes. Regardless of what Services You purchased with Us, You are encouraged to back up Your own data. As a courtesy, we provide a backup service to our cPanel Hosting and E-mail Hosting customers that include daily backups with a fifteen day retention period. If you are a cPanel Hosting customer, You can restore Your data using Your cPanel control panel. If You are a E-mail Hosting customer, You can request a backup restore by submitting a support ticket using the “Support Ticket Procedure” described below – You will be charged US$25 or more for each restore. We make no guarantees as to the integrity or reliability of Our backups or as to the timing in which a back-up restore may be carried out, although we will endeavour to do so within 48 hours of having received Your request. Backups will not be provided for accounts that have been suspended or terminated for any reason unless Boom Host otherwise agrees.

13. In addition, cPanel Hosting customers may perform a custom or ad-hoc backup at any time using the cPanel built-in backup tool. All backups you perform and store on Our servers, will count towards the allocated disk space for Your Ordered Services.

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

a. Signing in to Our Client Zone at my.boomhost.com and submitting a ticket with sufficient details of Your request.

b. Signing in to Our Support Portal at support.boomhost.com and submitting a ticket with sufficient details of Your request.

c. Sending Us an e-mail to support@boomhost.com for technical related issues, billing@boomhost.com for billing related issues and sales@boomhost.com for any sales related questions. For Technical and Billing related issues, You must send the e-mail FROM Your primary registered and verified e-mail address on file with Us, again, with sufficient details of Your request. If You send an e-mail FROM a non-verified e-mail address to Our Technical Support and Billing Departments, Our agents have the right to discard it and/or advise You to sign in to Client Zone/Support Portal to submit the request again, thus delaying the entire process.

15. 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.

16. We provide free open certificate authority (CA) issued SSL certificates (Let’s Encrypt SSL) for Our cPanel Hosting customers use. 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.

17. 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 a US$50 penalty/administration fee payable by You upon it being posted to Your account.

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

19. 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 at all times. If We discover that a weak password is being used, Your account may be suspended until You agree to use a more secure password.

20. 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 – cPanel Hosting

If You opened a cPanel ‘Reseller Web 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 Hosting Service:

1. You must have a Reseller account in order to resell Our cPanel Hosting Service. No other Service 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-accounts created by You. 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 customers’ sub-accounts 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 or ClientExec) provided by Boom Host to Resellers are not transferable and may only be used on servers owned and managed by Boom Host. No more than ONE free billing system license (WHMCS or ClientExec) is assigned PER Reseller Account. 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 license key by contacting Us.

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 E-mail Hosting customers, a fee of $5 USD per mail box will be charged for each mailbox 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 service active until Our team confirms that the transfer is successfully completed.

For Our cPanel Hosting customers, the following conditions apply when You request Us to do accounts transfer/migration from Your old 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:

a. Ask Your old provider to create a FULL Backup of ALL cPanel accounts owned by You. Compress and upload a single file to Us which should contain all other individual cPanel account backup files.

b. Alternatively, You can also upload ALL individual cPanel backup files to Our servers.

2. If You are unable to provide us with one of the above, then Our team can only help migrate up to 25 cPanel accounts free of charge ($5 USD fee per additional cPanel account) provided that your existing host also uses cPanel as the control panel and allows FULL cPanel backups to be taken and downloaded.

3. 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

4. Our servers do not support cPanel Transfer Tool.

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

6. 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 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 backups.

Under all scenarios (for all Our 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 actually want Us to begin the accounts transfer/migration process. The above mentioned “prior notice” is required so that We can adequately plan and book Our internal resources 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 12 to 96 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 “high” priority, then Our team may be able to accommodate Your urgent request for an additional one-time service fee (to be determined by Our Billing Department).

Support

Our cPanel Hosting and E-mail Hosting 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 two hours.

Resellers are responsible for directly supporting their customers. We do not provide direct support to Our Reseller's customers. Any Reseller support request must be made directly by the Reseller on their client’s behalf 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 and SmarterMail control panels. Additionally, You are entirely responsible for the installation and configuration of any and all scripts/applications 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 or yearly (12 month) basis, as set out in Your Order, commencing on Your Acceptance Date and shall automatically renew for successive one month or twelve month periods, as applicable, until cancelled by You or Boom Host. Fees for Services are payable in advance for the upcoming month or year, 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 yearly in advance rate and cancel prior to the end of the year then, for the purpose of any refund to which You may be entitled, Your refund will be calculated as if You had been paying for the related Ordered Service at our regular monthly non-discounted rate. For example, if (i) the regular monthly rate for Your Ordered Services were $10 per month ($120 per year) and you opted to pay yearly in advance at a discounted rate of $8 per month ($96 per year) and (ii) You cancelled Your Ordered Services after the end of the sixth month, then (iii) Your refund would be determined based on what You would have paid for the first six months at the regular rate (i.e. 6 months x $10 per month = $60), in this example, the refund being $98 - $60 = $38.

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 yearly in advance then You agree that the references to ‘monthly’ and ‘month’ in the previous sentence will be read as ‘yearly’ and ‘year’, 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.

If You request termination of an Ordered Service and request that the cancellation take effect immediately, You will not be refunded for any unused portions of the period that You have already paid or been invoiced for.

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, WHMCS or ClientExec billing system licenses and web design/development/malware removal 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 of up to 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 15 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 requested Us to do free transfers/accounts migration from Your old hosting provider to Our servers;

c. If you are a Reseller and you have requested a free billing system (WHMCS or ClientExec) licence from Us then you will not be eligible for this guarantee; or

d. 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, 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) and E-mail 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; 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.

To make a claim under this 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 day 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 servers 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.

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.

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 contact information that we have on file.

“Unlimited Bandwidth” Fair Usage Policy

Boom Host advertises some of its Services with “Unlimited Bandwidth”. The term “Unlimited 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.

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 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 quoted and billed in U.S. dollars and 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 Inc. 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.