Backbayhost...
Terms And Conditions
This Web Hosting Agreement is between BackBay Hosting Solution (Backbayhost.com) and the person/persons who use our web hosting service. Please read carefully to ensure you understand our terms before purchasing any of our products or services
Terms Of Service

Customer Agreement

BackBayHost provides cPanel hosting, shared hosting, email services . All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on BackBayHost. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. BackBayHost reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when BackBayHost decides that the account has been inappropriately used or otherwise.


Content

BackBayHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any way shape or form as determined by BackBayHost’s sole discretion, sites that promote prostitution, or escort services.

Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of BackBayHost.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.

Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.

BackBayHost reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

Acceptable Usage Policy

General Acceptable Use Policy

Examples of unacceptable material include: IRC Bots, Proxy Scripts, Anonymizers, Pirated Software, Warez, image hosting only sites that do not host an actual domain/normal website content, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures ,Livechat/Chat Scripts,Download sites(Pirated softwares), Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds, rpg's, hate sites,Facebook Bots,Instagram bots (Social Networking Related Bots), hacker focused sites/DDOS Programs/archives/programs,testing environments (Storing your Website Projects), sites promoting illegal activities,Flash Games or Online Gaming Sites,Movie's,MP3 Songs,File hosting. No refunds will be given.

We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. No refunds will be given. In case of any Website using High Resource/Usage or which is not suitable for our Environment We have rights to Cancel those orders

All the Shared Environment Plans are only for Average Usage, You need to consider Upgrading your Plans as per the Websites Usage.

You shall agree to use only licensed and legal third party softwares in connection with your use of our services. BackBay Hosting Solution reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when BackBay Hosting Solution decides that the account has been inappropriately used or otherwise.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be terminated immediately without notice. We will also report this to the appropriate authorities. No refunds will be given.

You are not allowed to create hosting with free domains like .tk .ga .ml .cf and other free domains. The numbers of abuse cases are increased with the use of free domains. If you want to host free domain you need to get approval from our abuse/security team

Courier Site's are not allowed under our server. If hosted and notified by our Team We will suspend it. For unsuspension client he/she should send us the Company Registration proof, Identity Proof Provided by the Government After verification we will unsuspend the account. Failure of providing proof within the timeframe will held in service cancellation and no refunds

U.S. export control regulations forbid trade and impose economic sanctions and embargoes against certain targeted geographic regions, countries, and governments including: Iran, Cuba and Syria. So Hosting Accounts which Such TLD Are not allowed and it will be blocked.

Every cPanel will be allocated with 100% CPU, RAM : Upto 1GB, IO & IOPS : Upto 1 GB. In Shared environment the sites should maintain the resource under the limit and MySQL query timing should not take long to process. If any accounts using morethan the fair usage policy will be suspended and we can give single IP Address access for optimization and no Refund will be given.

Uptime: The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. BackBay Hosting Solution cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to updates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (BackBay Hosting Solution and/or our vendors that provide equipement or services to us) control that interupts services at a facility.

Websites/Servers Down Due to Firewall IP Block Caused by Failed Login Attempts/Excess number of connections from Particular IP are not covered under the Uptime gurantee.

Any service interruptions or downtime due to scheduled maintenance by BackBay Hosting Solution or our network providers will not count towards the uptime guarantee. BackBay Hosting Solution is not liable in any way for failure of third party services.

BackBay Hosting Solution will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Mailing Policy and Limits: Sending Bulk mails are not allowed on our server, Per cPanel account can send 150 Mails Per Hour. If any accounts seems to be spamming it will be suspended with or without any notice. Doing Bulk Mails needs VPS/Dedicated Servers for your Purpose.T here will be no refund offered incase of any spamming issue caused due to your services's.

In Shared Hosting Environment You are not allowed to Keep Mails more than 2 GB of space per cPanel. If you need space for Email You can upgrade your account to Email Hosting Plans GSuite or VPS

You can able to host only average Traffic Websites in shared Environment. Incase of any High Traffic sites you should consider hiring a VPS/Dedicated Servers as per your website requirement

Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. No refunds will be given.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.


Network Interruptions / Downtime

BackBayHost will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall BackBayHost be liable to You for any damages resulting from or related to any failure or delay of BackBayHost in providing access to the Internet under this Agreement. In no event shall BackBayHost be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of BackBayHost under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder within a given month and would be first subject to those terms outlined within our ‘Service Level Agreement’. The terms of this Section will survive the termination of this Agreement.


Unlimited Hosting Policy Fair Usage Policy

What "Unlimited" means

Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the normal operation of a personal or small business website, provided it complies with this Agreement. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS, or we may take action to restrict the resources your website is utilizing.


What "Unlimited" DOES NOT mean

BackBayHost employs complex mechanisms to protect its hosting Subscribers and systems from any kind of abuse. BackBayHost's "Unlimited" hosting offering is not for single or few hosting subscribers to unfairly or adversely impact the experience of other hosting Subscribers. BackBayHost's service is offering shared hosting service, which means that multiple hosting Subscriber's websites are hosted from the same server and share server resources. BackBayHost's service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a VPS or a dedicated server. BackBayHost will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, BackBayHost does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until BackBayHost can evaluate said sites resource needs.


Unlimited Hosting Space; excessive SQL Database

BackBayHost does not set any specific limits on the amount of disk space a hosting subscriber can use for their website, nor does BackBayHost charge additional fees based on an increased amount of storage used, provided the hosting subscriber's use of storage complies with these Terms. Please note, however, that the BackBayHost service is designed to host websites. BackBayHost does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting subscriber's account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. BackBayHost may request that the database size be reduced to ensure proper performance or may disable the Subscriber's account, with or without notice. Hosting subscriber's can create multiple databases however size of each database should not be more than 1 GB.


Unlimited File Transfer

BackBayHost does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting subscriber can upload to his/her/its website in a given month, nor does BackBayHost charge additional fees based on increased use of bandwidth, as long as the hosting subscriber's use of the Services complies with these Terms. In most cases, a hosting subscriber's website will be able to support as much traffic as the hosting subscriber can legitimately acquire. However, BackBayHost reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting subscribers.


Unacceptable Resource Usage

a) Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP,MySQL etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes.

i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

j) Any accounts that is created without updating the nameserver or with out a DNS records Pointing to our servers will be removed with or without Notice.


Backup Limitations

Any shared hosting account that uses more than 10GB of disk space or contains more than 200,000 inodes may be removed from our weekly or daily backups. Any user whose hosting account is using more than 10GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.

Softaculous backups will be removed from the server and no copy will exist.

Plugins used for backups may not store local backups within the account quota and may only be stored ‘offsite’ with an arranged cloud storage provider, such as Google Drive or S3. Any backups left on the system, or excessive backups retained may lead to account suspension or removal.

The following extensions / files will be excluded from our backups…

*.swf *.flv *.exe *.xen *.iso *.7z *.tar *.jpa *.wpress *.tar.gz *.zip *.mp4 *.mp3 *.wav backup-*.tar.gz cpmove-*.tar.gz site-*.tar.gz .MirrorSearch */com_akeeba/backup/* */backupbuddy_backups/* */.wysiwygPro_* */core.[0-9]* public_html/cache/* tmp/* logs/* .cagefs .cagefs* .cpan .cpanel/caches .cpanel/datastore .cpcpan .sqmailattach .cpanel/*.sock access-logs/* */error_log public_ftp/* softaculous_backups/* */wp-content/uploads/wpcf7_captcha/* */wp-content/widget-cache/* */wp-content/cache/* */wptsc-cachedir/* mail/*/*/.Trash/* mail/*/*/.Drafts/* mail/.Drafts/* mail/.Trash/*

Whilst we will maintain every effort to ensure backups are complete and available, BackBayHost cannot be held responsible where backup datas missing or corrupt.


For Resellers

As a reseller, you agree that you are bound to the above terms, and any other terms outlined within all sections of our Terms and Conditions.

Alongside these terms, you as a reseller agree not to:

Re-sell or offer for the use of third parties any part of our hosting services unless a specific reseller product has been purchased not to access without authority, interfere with, damage or disrupt any part of the hosting service, any equipment or network used to provide the hosting services, any software used in the provision of the hosting services suspended accounts / deactivated accounts may be removed at our discretion following 7 calendar days

You agree that it is your responsbility as the reseller of good housekeeping of the service offered to you.

You agree that it is your responsbility to monitor, and delete files / accounts that are in breach of any of our outlined terms

It is within our discretion to terminate or remove a reseller account, should there be repeat attempts to breach the outlined terms and conditions without prior warning.

Whilst the quantity of accounts can be considered ‘unlimited’, we retain the right to impose limits in cases whereby the usage is deemed ‘excessive’, or is consuming more than 25% of the servers overall usage. In such cases, BackBayHost will try to offer an alternative solution, by means of secondary or replacement products / upgrades.

Privacy Policy

Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.

Your Information

When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, phone number, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Google Analytics such as your location, browser version, ip address, screen resolution, operating system and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL). This helps prevent eavesdropping on our website.


How Your Information Is Used

We will use your personal identifiable information in the following ways.

For payment purposes and to provide convenient and targeted support.

To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail.

To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customise your visit.

We will NEVER provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information.

We do not under any circumstances apart from the above give away or sell your information to any third parties.

Your personal information is safe with us, your information is safely encrypted using SSL. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.


Cookies

A cookie is a small text file that is stored on a users computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time much like the cookie used for our affiliate program. You can remove persistent cookies by following directions provided in your Internet browsers 'help' file. We set a persistent cookie to store your passwords, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.

Refund Policy

Our Refund Policy Applicable only for new clients. Existing clients will not eligible for the 7 days money back policy even for new orders. We would be happy to give you a full refund within the 7 days of purchase if you are not comfordable with our Services.

There will be no Refunds for Domain Registration, Renewals, Domain Transfers.

There will be no Refunds for Hosting Addons(Dedicated IP)/License Renewals and Hosting Renewals.

There will be no Refunds for Malwares/Phising/Spamming Related Issues.

There will be no Refunds if the customer Requested for Migration of service from other servers as it will have some admin works to perform the migration task.

There will be no Refunds if the customer Violated our Terms of service/FUP Policy.

To get a Refund customer should create an cancellation request from the clientarea and open a ticket. The refund will be processed in 7 - 10 working days to your original Payment method from our end. Before Doing the cancellation request make sure you have taken all your backups. After the cancellation of Service, BackBay Hosting Solution cannot be held responsible for data loss due to suspension or termination.