By creating an account, you agree to our Terms of Service
This content establishes the "Agreement" between you ("User" or "you" or "your") and BoolHost ("BoolHost" or "us" or "our"), governing your use of the Services provided by BoolHost and accessible through BoolHost.com. By utilizing these Services, you acknowledge your acceptance and adherence to this Agreement. Should you disagree with these terms, you are not permitted to access or use the Services.
1. The utilization of our Services is further subject to additional policies, which are integrated by reference. When using the Services, you are also consenting to the conditions outlined in the Privacy Policy.
2. Specific Services may entail supplementary terms, which are included herein through reference where relevant. For instance, if you register a domain name with us, the Domain Registration Agreement will be applicable to you and will be incorporated into this agreement.
1. By enrolling for or using our Services, you assert and guarantee the following:
1.1. You are eighteen (18) years of age or older. Our Services are exclusively intended for users who are eighteen (18) years of age or older. Any usage, registration, or access to the Services by individuals under the age of eighteen (18) is unauthorized and violates this Agreement.
1.2. If you use the Services on behalf of another party, you confirm that you have the authority to legally bind that party to this Agreement and to act on their behalf in connection with the Services.
2. Ensuring the accuracy, currency, and completeness of information provided in the registration forms, including a distinct email address from the domain under which you are signing up, is your responsibility. For contacting you or addressing any issues, we will utilize the primary email address on record. It is vital to maintain accurate and up-to-date contact information for your account, including any domain accounts, at all times. BoolHost is not liable for any interruptions in the Services, including lapsed domain registrations, due to outdated contact information linked to the domain. If you need to verify or modify your contact information, kindly contact our sales team via email or update the details through the BoolHost Billing and Support System. Providing false contact information may lead to account termination. In certain situations, you may be asked to provide government-issued identification and possibly a credit card scan for verification purposes. Failing to provide the requested information may result in the denial of your order.
3. You accept full responsibility for all activities carried out through your account, and you shall be accountable for any actions taken under your account. Safeguarding the confidentiality of your password and other security-related information pertaining to your account is your responsibility.
4. Any request for an additional dedicated IP, beyond those provided with a hosting package, may be subject to IP justification. The procedures for IP justification are subject to change to comply with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to decline any dedicated IP request based on insufficient justification or current IP utilization.
We endeavor to assist you in migrating your website to our platform through our Transfers Team. However, please note that transfers are offered as a courtesy service, and we cannot guarantee their availability, feasibility, or time frame for completion. Each hosting company has unique configurations, and some platforms store data in incompatible or proprietary formats, making the migration of certain or all account data highly challenging, if not impossible. In certain cases, we may be unable to support the transfer of data from your previous host.
Our free transfer service is accessible for a period of thirty (30) days from your sign-up date. For transfers outside of this thirty-day window, there will be a charge; kindly contact our Transfers department for a price quote. BoolHost shall not be held liable for any data loss or missing files resulting from transfers to or from our platform. You bear the sole responsibility for backing up your data in all circumstances.
With the exception of User Content (as defined below), all content made available through our Services, including designs, text, graphics, images, videos, information, software, audio, and other files, as well as their selection and arrangement, and all software used to provide the Services (collectively referred to as "BoolHost Content"), are the exclusive property of BoolHost or BoolHost’s licensors. It is strictly prohibited to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell, or exploit BoolHost Content for any purpose, in any form, or by any means, except as expressly permitted in this Agreement.
You are expressly prohibited, directly or indirectly, from attempting to reverse engineer, decompile, disassemble, or derive source code or other trade secrets from any BoolHost Content. Any usage of BoolHost Content, except as explicitly authorized in this Agreement, is strictly forbidden and will result in an automatic termination of your rights to use the Services and any BoolHost Content. All rights to use BoolHost Content that are not explicitly granted in this Agreement are reserved by BoolHost and BoolHost’s licensors.
1. You have the capability to upload, store, publish, display, and distribute various forms of information, text, photos, videos, and other content on or through our Services (collectively referred to as "User Content"). This includes any content posted by you or by users of any websites you host through our Services ("User Websites"). You bear full responsibility for all User Content and any transactions or activities carried out on or through User Websites. By posting or distributing User Content on or through our Services, you affirm to BoolHost that (i) you possess all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of User Content does not infringe or violate the rights of any third party.
2. Solely for the purpose of providing the Services, you grant BoolHost a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) create archival or back-up copies of User Content and User Websites. However, aside from the explicitly granted rights, BoolHost does not acquire any right, title, or interest in the User Content, which shall remain solely with you.
3. BoolHost has no control over, and assumes no responsibility for, User Content or the content of any information passing through our computers, network hubs, points of presence, or the Internet. BoolHost does not actively monitor User Content. Nevertheless, you acknowledge and agree that BoolHost may, at its sole discretion, take immediate corrective action, including but not limited to the removal of all or a portion of User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby release BoolHost from any liability arising from any corrective action that BoolHost may take.
1. Third-Party Providers:
BoolHost may offer certain products and services provided by third-party companies. These offerings will be subject to the terms and conditions set forth by the respective third-party provider. Discounts, promotions, or special offers from these providers may have additional restrictions and limitations. It is essential to verify the terms and conditions, as well as the usage of goods or services, directly with the specific third-party provider with whom you are transacting. BoolHost does not make any representations or warranties regarding the quality, availability, or timeliness of goods or services provided by third-party providers. Any transactions with these third-party providers are conducted at your own risk. We do not guarantee the accuracy or completeness of any information regarding third-party providers. BoolHost does not act as an agent, representative, trustee, or fiduciary on behalf of you or the third-party provider in any transaction.
2. Third-Party Websites:
The Services may include links to other websites ("Third Party Sites") and content originating from third parties ("Third Party Content"), such as articles, photographs, text, graphics, videos, etc. Please be aware that BoolHost does not own or control these Third Party Sites or Third Party Content. We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third Party Sites or Third Party Content. If you choose to access Third Party Sites or use any Third Party Content, you do so at your own risk, and our terms and policies no longer apply. It is essential to review the terms and policies, including privacy and data gathering practices, of the relevant third-party website you visit.
1. Prepayment:
You are responsible for ensuring that your payment information is kept up to date, and that all invoices are settled promptly. Payment for the Services should be made in advance of the period during which the Services are provided. As per applicable laws, regulations, and rules, received payments will be applied to the oldest outstanding invoice in your billing account.
2. Autorenewal:
Unless otherwise specified, you agree that your Services will be automatically renewed, and you will be billed on a recurring basis until you inform BoolHost of your desire to cancel. This is done to prevent any disruption to your Services, and we will use the credit card or billing information on file for automatic renewals.
3. Taxes:
The listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any such taxes will be added as a separate charge on BoolHost's invoice, and you will be responsible for paying them. All fees are non-refundable once paid, unless stated otherwise.
4. Late Payment:
All invoices must be paid within fifteen (15) days of the due date. Failure to settle an invoice within this period may lead to the suspension or termination of your Services. Access to your account will be restored only upon receipt of payment. If the fees specified in the invoice are not paid, BoolHost may suspend or terminate your account, and you will be responsible for any collection costs incurred by BoolHost, including arbitration and legal fees, as well as reasonable attorneys' fees. Customers with an outstanding balance on their account will not be able to activate new orders or packages.
5. Domain Payments:
It is solely your responsibility to inform BoolHost's Billing department through a support ticket after purchasing a domain. While we provide domain renewal notices as a courtesy reminder, we are not accountable for any failure to renew a domain or to notify you about its renewal. Domain renewals are billed and processed fifteen (15) days before the renewal date.
6. Fraud:
Misusing or fraudulently using credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method is a violation of this Agreement. If any such misuse or fraudulent activity is detected, as determined in BoolHost’s sole discretion, we may report it to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
7. Invoice Disputes:
You have a period of ninety (90) days to dispute any charge or payment processed by BoolHost. If you have questions regarding a charge on your account, please contact our billing department for assistance.
1. Payment Method:
Refunds will not be issued for payments made through bank wire transfers, Western Union payments, checks, or money orders. If any of these payment methods are used, any applicable credit will be applied to your hosting account instead of being refunded.
2. Money-back Guarantee:
BoolHost provides a thirty (30) day money-back guarantee solely for BoolHost's managed shared hosting services. If you purchase an account with a forty-five (45) day money-back guarantee and decide to cancel within the first thirty (30) days of the initial term (the "Money-Back Guarantee Period"), you can request a full refund of all basic shared hosting fees paid to BoolHost for the initial term ("Money-Back Guarantee Refund"). To be eligible for the Money-Back Guarantee Refund, you must submit a written request to the BoolHost Support Team within ninety (90) days of the termination or cancellation ("Notice Period"). The refund will be processed subject to your compliance with all terms and conditions of this Section 12. Please note that refunds will only cover basic shared hosting services and will not include administrative fees, custom software installation fees, or any other setup fees. Additionally, refunds will not be provided if the Refund Request is not submitted within the Notice Period.
3. Refund Eligibility:
Only first-time accounts are eligible for a refund. If you previously had an account with us, canceled it, and signed up again, or if you have opened a second account, you will not be eligible for a refund. Administrative fees and custom software installation fees are non-refundable. Any violations of this Agreement will void your rights under the refund policy.
4. Non-refundable Products and Services:
Refunds for domain purchases will be considered only if the domain was ordered together with a hosting package, and such refunds will be subject to BoolHost's sole discretion. The refund amount for domain names will be reduced by the market value of the generic top-level domain (gTLD). Purchases of country code top-level domains (ccTLDs) are non-refundable.
5. Cancellation Process:
To terminate or cancel the Services, you must provide written notice to BoolHost via the support desk. Upon receiving your cancellation notice and confirming all necessary details via email, we will send you a written confirmation of your account cancellation (typically through email). The cancellation confirmation will include a ticket/tracking number for reference and verification. All cancellations must be made through the online form to confirm your identity, acknowledge that you are prepared for your files and emails to be removed, and document the request. This process aims to minimize errors and ensure that you are aware of the immediate and permanent removal of your files, emails, and account following the cancellation request. Cancellations for shared accounts will take effect on the account's renewal date.
6. Domains:
Domain renewals are billed and processed fifteen (15) days before the renewal date. If you wish to cancel a domain registration, you must notify BoolHost's Billing department through a support ticket created at http://boolhost.com/support at least thirty (30) days before the renewal date. No refunds will be provided once a domain is renewed. All domain registrations and renewals are considered final.
7. Foreign Currencies:
International payments are susceptible to constant and unavoidable fluctuations in exchange rates. When processing refunds, all transactions will be in U.S. dollars, reflecting the exchange rate in effect on the refund date. Please note that these refunds are subject to currency fluctuation, and BoolHost cannot be held responsible for any changes in exchange rates between the time of payment and the time of refund.
8. Termination:
BoolHost reserves the right to terminate your access to the Services, either partially or entirely, without prior notice under the following circumstances: (i) failure to pay any outstanding fees; (ii) violation of this Agreement; (iii) actions that may harm BoolHost or others, or result in liability for BoolHost or others, as determined at BoolHost's sole discretion; or (iv) as otherwise specified in this Agreement. In such cases, BoolHost will not refund any fees paid in advance of the termination, and you will be required to settle all accrued fees and charges prior to the effective date of termination. Additionally, BoolHost may charge you for all fees due for the Services during the remaining portion of the current term.
AFTER THE SERVICES ARE TERMINATED FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE PERMANENTLY DELETED.
The usage of hosting space provided by BoolHost is subject to the terms outlined in this Agreement and the Acceptable Use Policy.
Shared accounts are strictly prohibited from being used for reselling web hosting to others. The shared hosting space is intended solely for web files, active email, and content related to User Websites. It must not be utilized for storage purposes, including acting as offsite storage for media, emails, or any other data, as well as serving as an FTP host. BoolHost retains the right to review each shared account to assess excessive usage of CPU, disk space, and other resources that may result from a violation of this Agreement or the Acceptable Use Policy. If any account is found to be in violation of BoolHost's terms and conditions, BoolHost reserves the sole discretion to terminate access to the Services, impose additional fees, or remove and delete User Content. Bandwidth allowance for shared servers is not limited.
In the event that your shared server experiences a physical downtime that does not meet the 99.9% uptime guarantee, you may be eligible to receive a credit of one (1) month on your account. Please note that this uptime guarantee does not apply to planned maintenance.
Approval of any credit is solely at the discretion of BoolHost and may be subject to the provided justification. Third-party monitoring service reports cannot be used as justification, as they may be influenced by various factors, including the monitor's network capacity and transit availability. The server's uptime is defined by the reported uptime from the operating system and the Apache Web Server, which might differ from the uptime reported by individual services.
To request a credit, kindly create a support ticket addressed to our Billing department, providing the necessary justification within thirty (30) days of the end of the month for which you are seeking the credit.
BoolHost retains the right to modify prices, monthly payment amounts, or any other charges at any time. We will provide you with a minimum of thirty (30) days' notice before implementing any price changes. It is your responsibility to periodically review the billing information presented by BoolHost through the user billing tool or other communication methods, including notices sent or posted by BoolHost.
Discounts and coupon codes are exclusively reserved for first-time accounts or new customers and cannot be applied towards the purchase of a domain registration unless explicitly specified otherwise. If you have previously signed up using a specific domain and coupon, you are not permitted to sign up again for the same domain using another coupon at a later date. Any account found to be in violation of these policies will be subject to review by our Sales department, and appropriate charges will be added to the account. The misuse of coupons will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are valid only for the initial purchase and do not impact the renewal or recurring price.
In no event shall BoolHost, its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including any lost profits or lost data arising from your use of the Services or any User Content, User Websites, or other materials accessed or downloaded through the Services, even if BoolHost is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary in this Agreement, BoolHost's liability to you or any party claiming through you for any cause whatsoever, regardless of the form of action, is limited to the amount paid, if any, by you to BoolHost for the Services during the three (3) months preceding the initial action giving rise to liability. This limitation of liability is an aggregate limit, and the existence of more than one claim will not increase this limit.
You agree to indemnify, defend, and hold harmless BoolHost, our affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement, or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By utilizing the Services, you hereby consent to the exclusive jurisdiction of the American Arbitration Association ("AAA") concerning any dispute related to, arising from, or connected with this Agreement. The arbitration will be presided over by a single arbitrator selected by BoolHost and will be conducted at the AAA location chosen by BoolHost in Texas. The payment of all filing, administrative, and arbitrator fees will be governed by the rules of the AAA, unless otherwise specified in this paragraph.
If you can demonstrate that the costs of arbitration would be excessively burdensome compared to the costs of litigation, BoolHost will bear the responsibility of covering a portion of your filing, administrative, and arbitrator fees as determined necessary by the arbitrator to prevent the arbitration from becoming cost-prohibitive.
The arbitration proceedings before the AAA will be strictly limited to an individual basis, prohibiting any claims from being arbitrated on a class action basis or in any representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, will govern all arbitration proceedings under this paragraph. The arbitrator's decisions will be final and binding on all parties involved. The arbitrator's authority to resolve and issue written awards is confined to claims between you and BoolHost exclusively. Claims cannot be combined or consolidated unless all parties agree in writing. Any arbitration award or decision will not have any preclusive effect on issues or claims in any dispute involving individuals not named as parties to the arbitration.
In the event that you initiate litigation or any other legal proceeding against BoolHost in violation of this paragraph, you agree to cover BoolHost's reasonable costs and attorneys' fees incurred in enforcing the provisions of this paragraph.
BoolHost and the User are considered independent contractors, and nothing in this Agreement establishes a principal-agent, partnership, or joint venture relationship between BoolHost and the User. Neither party possesses the authority, whether explicitly or implicitly, to make contracts or agreements on behalf of the other party, nor can they bind or obligate the other party in any manner.
Any dispute or claim arising from or relating to this Agreement, its formation, or any breach thereof, including claims based on alleged torts, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
BoolHost shall not be held responsible for any damages suffered by your business. The Services are provided with no warranties of any kind, whether expressed or implied. BoolHost disclaims any warranties of merchantability or fitness for a particular purpose, including any losses of data resulting from delays, delivery failures, incorrect deliveries, or any service interruptions caused by BoolHost or its employees.
Your usage of the Services is entirely at your own risk. BoolHost's backup service operates on a weekly basis, overwriting any previous backups. Only one week's worth of backups is retained at any given time. This service is provided as a courtesy and may be altered or discontinued at BoolHost's sole discretion. BoolHost is not accountable for any files and/or data residing on your account. You are solely responsible for all files and data transferred and are required to maintain appropriate backups of files and data stored on BoolHost's servers.
For shared accounts exceeding 20 gigabytes of disk space, they will no longer be included in our offsite weekly backup, except for databases that will continue to be backed up. However, all data will still be mirrored to a secondary drive to help safeguard against data loss in the event of a drive failure.
The services provided under this Agreement are provided on an "as is" and "as available" basis. Except as expressly provided in this section, BoolHost and our affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, regarding the services provided hereunder. BoolHost and our affiliates, employees, agents, suppliers, and licensors make no representations or warranties (i) that the services will be uninterrupted, error-free, or completely secure; (ii) regarding the results that may be obtained from the use of the services; or (iii) regarding the accuracy, reliability, or content of any information provided through the services. BoolHost and our affiliates, employees, agents, suppliers, and licensors are not liable, and expressly disclaim any liability, for the content of any data transferred either to or from users or stored by users on or through the services. The terms of this section shall survive any termination of this Agreement.
BoolHost may disclose User information to law enforcement agencies upon lawful request from such agencies without further consent or notification to the User. We fully cooperate with law enforcement agencies.
This Agreement, including any documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties concerning the subject matter herein. It constitutes the sole and complete agreement between the parties regarding the matters covered by this Agreement.
The headings used in this Agreement are for convenience purposes only and do not form part of the Agreement.
BoolHost reserves the right to modify, add, or remove portions of this Agreement at any time. If significant changes are made, we will post a notice on the BoolHost website for a minimum of thirty (30) days from the date of posting and indicate the last revision date at the bottom of this Agreement. The revised terms will take effect upon posting unless stated otherwise. Your continued use of the Services after the effective date of any modifications constitutes your agreement to be bound by the updated terms.
BoolHost retains the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof (unless otherwise specified) shall remain fully valid and enforceable.
No failure or delay by either you or BoolHost to exercise any right or remedy under this Agreement shall be deemed as a waiver of such right or remedy. Furthermore, any single or partial exercise of a right or remedy shall not preclude any other or future exercise of that right or remedy. Any express waiver of a breach of this Agreement by any party shall not be deemed a waiver of any subsequent breach of the same or other terms of this Agreement.
You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without the prior written consent of BoolHost. Any attempted assignment in violation of this provision shall be considered null and void. However, BoolHost may freely assign its rights and obligations under this Agreement and may engage subcontractors or agents to fulfill its duties without seeking User's consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto, as well as their respective successors and permitted assigns.
Neither party shall be liable for any default or delay in the performance of their obligations under this Agreement (except for the failure to make payments when due) if such default or delay is caused by forces beyond their reasonable control. Such forces may include, but are not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, or the failure of any third party to fulfill its commitments in relation to the production or delivery of equipment or materials required for performance under this Agreement.
Except as expressly provided in this Agreement, the terms of this Agreement are solely intended to benefit the parties hereto and their respective successors and permitted assigns. However, it is acknowledged and agreed that any third-party supplier of a product or service, identified as a third-party beneficiary in the service description, shall be considered an intended beneficiary with respect to its specific products or services. Such third-party beneficiary shall have the right to enforce the terms and conditions of this Agreement directly against the User as if it were a party to this Agreement.
