UnderHost

Terms of Service

The agreement governing UnderHost hosting, VPS, dedicated server, reseller, domain, SSL, CDN, management, support, billing, and related services.

USER AGREEMENT

These Terms of Service ("Terms" or "Agreement") are entered into between UnderHost.com ("UnderHost," "Company," "we," "us," or "our") and the customer, account holder, reseller, administrator, or other person or entity using the Services ("Customer," "you," or "your"). UnderHost has provided international hosting services since 2007, including shared hosting, offshore hosting, VPS hosting, dedicated servers, reseller hosting, domain registration, SSL certificates, CDN services, server management, technical support, and related services.

Questions?

Please review these Terms before ordering or using any Service. Questions should be submitted through CustomerPanel or support before purchase.

PLEASE READ THIS AGREEMENT CAREFULLY

BY CREATING AN ACCOUNT, SUBMITTING AN ORDER, PAYING AN INVOICE, ACCESSING CUSTOMERPANEL, USING A SERVICE, OR ALLOWING OTHERS TO USE A SERVICE THROUGH YOUR ACCOUNT, YOU ACCEPT THESE TERMS, THE APPLICABLE ORDER, SERVICE DESCRIPTION, ACCEPTABLE USE POLICY, PRIVACY POLICY, SLA, ABUSE POLICY, DOMAIN RULES, AND ANY OTHER POLICY INCORPORATED BY REFERENCE.

If a service order, invoice, support communication, promotional page, or product description conflicts with these Terms, these Terms control unless UnderHost expressly agrees otherwise in writing. The current Acceptable Use Policy, Privacy Policy, and Service Level Agreement are incorporated into this Agreement.

Offshore or privacy-friendly hosting does not permit unlawful activity, abuse, fraud, spam, phishing, malware, copyright infringement, CSAM, network attacks, or misuse of infrastructure. UnderHost protects customer privacy while enforcing responsible, evidence-based network and abuse controls.

1. Accounts, Eligibility and Order Review

1.1 Eligibility. You must be legally able to enter into a binding contract and use the Services for lawful purposes. If you use the Services for a business or another person, you represent that you are authorized to bind that business or person.

1.2 Accurate information. You must provide accurate, current, and complete account, billing, domain, abuse, and technical contact information, and keep it updated. UnderHost may suspend or limit Services if information is false, incomplete, misleading, unverifiable, or creates fraud, abuse, legal, payment, or registry risk.

1.3 Account responsibility. You are responsible for all activity under your account, including activity by employees, contractors, customers, resellers, end users, scripts, compromised applications, and anyone who receives access through you. You must protect passwords, API keys, SSH keys, private keys, control panel access, email accounts, and billing credentials.

1.4 Manual review and fraud screening. All orders, renewals, upgrades, transfers, restorations, payment methods, and account changes may be manually reviewed. UnderHost may request additional verification where an order, login, IP address, domain, payment method, account history, or behavior pattern presents fraud, stolen-card, chargeback, sanctions, abuse, or security risk.

1.5 Refusal of service. UnderHost may reject or cancel an order before provisioning where reasonably necessary to protect customers, payment processors, datacenters, registrars, upstream providers, network reputation, or UnderHost operations. If an order is rejected before provisioning for ordinary risk reasons, any captured payment will be refunded using the original payment method where reasonably possible.

2. Services, Provisioning and Availability

2.1 Service scope. Services are provided according to the applicable plan, invoice, order form, service description, and technical limits published or communicated by UnderHost. Features, locations, IP addresses, hardware models, software versions, control panels, routes, and upstream providers may vary by availability and operational requirements.

2.2 Provisioning. Provisioning times are estimates, not guarantees. VPS, dedicated server, custom, high-risk, high-bandwidth, domain, SSL, CDN, and managed services may require additional review, stock confirmation, payment clearance, registrar approval, identity verification, fraud review, or datacenter approval.

2.3 Uptime target. UnderHost targets 99.9% service availability for eligible hosting services, subject to the applicable SLA and exclusions. The uptime target is not a promise of uninterrupted service, a guarantee against all outages, or a guarantee of any particular route, latency, software behavior, or third-party availability.

2.4 Maintenance. UnderHost may perform scheduled, urgent, or emergency maintenance to protect security, stability, performance, compliance, or network integrity. Emergency maintenance may occur without advance notice where delay could increase risk.

2.5 DDoS protection. DDoS protection is a mitigation service, not a guarantee that all attacks will be blocked or that Services will remain available during all attacks. UnderHost may filter, rate-limit, null-route, suspend, relocate, or require an upgrade for services receiving attacks or traffic that threatens infrastructure, upstream providers, or other customers.

3. Customer Responsibilities

3.1 Customer content. You are solely responsible for websites, files, databases, applications, scripts, email, DNS records, logs, customer data, products, services, and other material hosted, transmitted, stored, or processed through the Services ("Customer Content"). UnderHost does not routinely review private Customer Content but may act where necessary for support, security, abuse handling, legal compliance, or service operations.

3.2 Security duties. You must secure your accounts, servers, applications, CMS installations, plugins, themes, scripts, databases, email accounts, SSH keys, private keys, permissions, backups, and end-user data. Outdated software, weak passwords, exposed admin panels, open relays, vulnerable plugins, and compromised websites are your responsibility even if the resulting abuse was not intentional.

3.3 Managed and unmanaged services. Unless a service is expressly sold as managed, you are responsible for server administration, software installation, patching, hardening, monitoring, backups, firewall rules, application security, licensing, and troubleshooting above the infrastructure layer. Support for unmanaged services may be limited to network, power, hardware, virtualization, and platform availability.

3.4 End-user compliance. Resellers and customers serving their own users must maintain appropriate terms, privacy notices, abuse contacts, security practices, and lawful processing arrangements. You are responsible for violations by your customers or end users.

3.5 No unauthorized resale or delegation. You may not sublease, resell, transfer, assign, or give operational control of Services except through authorized reseller plans or with UnderHost's written approval. You remain responsible for all usage even when resale or delegation is permitted.

4. Acceptable Use, Abuse and Compliance

You must use the Services lawfully and in a way that does not harm UnderHost, other customers, third parties, datacenters, registrars, payment processors, network operators, IP reputation, or the public. Prohibited activity includes, without limitation:

  • Spam, unsolicited bulk email, snowshoe sending, list bombing, forged headers, open relays, purchased lists, or email practices that damage IP reputation.
  • Phishing, credential theft, fake login pages, fraudulent websites, financial scams, impersonation, account takeover, or social engineering.
  • Malware, ransomware, botnets, droppers, exploit kits, command-and-control, malicious redirects, drive-by downloads, or distribution of harmful code.
  • DDoS attacks, stressers, booters, network attacks, port scanning, vulnerability scanning without authorization, brute-force attacks, credential stuffing, or intrusion attempts.
  • Child sexual abuse material, child exploitation, grooming, sexualization of minors, or any content or activity involving abuse of minors.
  • Terrorism, violent extremist content, credible threats, targeted harassment, doxxing, or activity creating serious risk of harm.
  • Rights abuse involving counterfeit goods, impersonation, proven or repeated infringement, court-ordered restrictions, provider-confirmed violations, or failure to respond to credible rights complaints.
  • Illegal marketplaces, sale of stolen data, payment card data, malware, botnet access, illegal drugs, weapons, or other unlawful goods or services.
  • Resource abuse, mining where not expressly allowed, excessive CPU, RAM, disk I/O, inode, process, database, email, or network usage that degrades service quality.
  • False, incomplete, automated, or abusive complaints, forged evidence, retaliation reports, or attempts to misuse UnderHost's abuse process.

UnderHost reviews abuse in four practical categories:

  • Always prohibited: spam, phishing, malware, botnets, network attacks, fraud, stolen data, CSAM, exploitation of minors, credible threats, and activity that creates serious harm or infrastructure risk.
  • Jurisdiction-dependent content: adult content, media services, IPTV, streaming, political content, speech-related complaints, gambling, and other regulated categories may be reviewed based on the selected service location, applicable law, rights ownership, provider rules, payment rules, and the evidence submitted.
  • Conditional or high-risk use: services that are lawful in one jurisdiction but restricted in another may require a suitable location, plan, documentation, technical controls, abuse contact, or written approval. UnderHost may decline workloads that create unacceptable legal, payment, datacenter, registry, or network risk.
  • Evidence and enforcement: UnderHost does not act on vague pressure or unsupported private disputes as if they were proven abuse, but may act quickly where evidence shows severe abuse, legal urgency, network harm, or provider requirement.

4.1 Evidence-based review. UnderHost reviews abuse reports based on available evidence, severity, source credibility, technical indicators, customer history, infrastructure impact, selected hosting location, provider requirements, and applicable law. We may request logs, headers, URLs, screenshots, file paths, hashes, timestamps, message samples, packet captures, malware indicators, domain records, payment indicators, account identifiers, rights documentation, license information, court orders, or other evidence before taking action, except where immediate action is required.

4.2 Abuse report requirements. Abuse reports should be specific, truthful, and supported by evidence. Reports should identify the affected service, IP address, domain, URL, email headers, timestamp with timezone, nature of the abuse, and any supporting logs or screenshots. UnderHost may close, deprioritize, or reject reports that are vague, automated without evidence, duplicative, misleading, retaliatory, forged, or submitted to pressure a customer in a private dispute.

4.3 Customer response duties. Customers must respond promptly and professionally to abuse notices. Unless UnderHost specifies a shorter emergency deadline, customers must begin investigation immediately and provide meaningful remediation within the time stated in the notice. Failure to respond, denial without evidence, repeated excuses, incomplete remediation, or allowing the same issue to recur may result in suspension or termination.

4.4 Corrective action. UnderHost may warn, request remediation, throttle, filter, block ports, remove content, disable scripts, suspend services, null-route IPs, restrict access, terminate services, preserve evidence, or report activity where reasonably necessary. Severe abuse, CSAM, malware, phishing, botnets, network attacks, fraud, or legal emergencies may result in immediate suspension or termination without prior notice.

4.5 Spam and email abuse. UnderHost may act against unsolicited bulk email, spamvertised sites, purchased or scraped lists, open relays, compromised mailboxes, excessive bounces, snowshoe sending, forged headers, list bombing, mailbox flooding, bulk account creation, or sender behavior that threatens IP reputation. Remediation may include outbound filtering, sending limits, SMTP relay requirements, queue removal, port restrictions, password resets, suspension of mail services, or termination for repeat abuse.

4.6 Phishing, fraud and impersonation. UnderHost may immediately suspend or remove content used for phishing, credential theft, fake login pages, fake payment pages, brand impersonation, investment scams, romance scams, tech-support scams, fraudulent shops, account takeover, or other deception. Offshore hosting may not be used to hide fraud, evade takedowns, or operate deceptive services.

4.7 Malware and compromised services. Malware, ransomware, exploit kits, loaders, droppers, malicious scripts, command-and-control, botnet activity, malicious redirects, drive-by downloads, unauthorized crypto mining, or exploit hosting are prohibited. Customers must clean compromised sites, patch vulnerable software, rotate credentials, remove backdoors, and provide evidence of remediation when requested.

4.8 Network attacks and scanning. DDoS attacks, brute-force attacks, credential stuffing, unauthorized vulnerability scanning, mass port scanning, packet floods, reflection or amplification traffic, intrusion attempts, route abuse, IP spoofing, and similar activity are prohibited. UnderHost may null-route, filter, isolate, or terminate affected services to protect the network and other customers.

4.9 CSAM and child safety. Child sexual abuse material, child exploitation, grooming, sexualization of minors, or links, redirects, indexes, advertisements, storage, or facilitation related to such material are strictly prohibited. UnderHost may immediately suspend or terminate services, preserve evidence, and report to appropriate authorities or child-safety organizations where required or permitted by law.

4.10 Copyright, trademark and media-rights complaints. UnderHost provides international and offshore hosting services, and not every copyright, trademark, IPTV, streaming, media indexing, linking, adult, speech-related, or content-licensing complaint will be treated as an automatic takedown. These matters are reviewed according to the selected service location, applicable law, court orders, registrar or registry rules, datacenter and upstream-provider requirements, payment-provider risk, rights documentation, technical evidence, and the customer's response. Customers remain responsible for having the rights, licenses, authorizations, exemptions, or jurisdictional basis needed for their content or service. UnderHost may reject unsupported private disputes, request documentation, ask for targeted removal, require relocation or technical controls, disable access to specific material, suspend service, or terminate repeat unresolved cases where credible evidence, legal process, provider requirements, impersonation, counterfeit activity, or clear rights abuse creates unacceptable risk.

4.11 Illegal commerce and high-risk content. The Services may not be used to sell, distribute, facilitate, or advertise stolen data, payment card data, access credentials, botnet access, malware, trafficking, counterfeit documents, unlawful financial services, or other unlawful goods or services. Some categories, including adult content, gambling, media services, IPTV, streaming, political speech, regulated products, or controversial speech, may be lawful in one jurisdiction and restricted in another. UnderHost may consider the selected service location, customer location, target audience, rights ownership, licensing, payment flow, provider rules, hosted files, redirects, backend systems, and related metadata when reviewing these cases.

4.12 Repeat abuse and account patterns. UnderHost may consider related accounts, common payment methods, contact details, domains, nameservers, IP ranges, fingerprints, order patterns, prior tickets, chargebacks, and prior abuse history when determining whether abuse is repeated, coordinated, or intentional. Creating new accounts to evade suspension or enforcement is a material breach.

4.13 Abuse costs and no refund. Customers are responsible for reasonable costs caused by abuse, including investigation time, cleanup assistance, provider penalties, IP reputation repair, chargebacks, legal costs, emergency work, and reactivation fees where permitted by law. Services suspended or terminated for abuse, fraud, severe security risk, or material policy violation are not eligible for refund or SLA credit.

4.14 Cooperation and evidence sharing. UnderHost may cooperate with datacenters, upstream providers, registrars, registries, certificate authorities, payment processors, anti-abuse organizations, affected parties, and lawful authorities when necessary to investigate, mitigate, report, or respond to abuse, fraud, security incidents, or legal obligations. Evidence shared will be limited to what UnderHost considers reasonably relevant, such as IP addresses, timestamps, URLs, headers, logs, file paths, hashes, domain data, and account identifiers.

5. Resource Usage, Network and Email

5.1 Fair use. Shared, reseller, VPS, cloud, and dedicated services are subject to fair and reasonable use. "Unlimited" or high-allocation features, where offered, are limited by CPU, RAM, disk, I/O, inode, process, database, email, backup, and network limits, and may not be used as remote storage, mirror storage, backup dumps, public file distribution, traffic relay, or unrelated bulk data hosting unless the plan expressly allows it.

5.2 Service impact. UnderHost may limit, suspend, migrate, or require an upgrade where usage affects stability, security, reputation, or other customers. Shared hosting is not suitable for sustained high CPU/RAM usage, large mailing operations, high-concurrency applications, public file distribution, intensive databases, or workloads requiring dedicated resources.

5.3 Bandwidth. Bandwidth allocations are measured according to UnderHost or provider systems. Burstable or unmetered ports are subject to fair use, upstream rules, attack mitigation, and abuse controls. Excessive or abnormal traffic may require mitigation, billing adjustment, upgrade, or suspension.

5.4 Email. You must follow lawful and responsible email practices, including opt-in consent where required, accurate sender information, functional unsubscribe mechanisms, and prompt suppression of complaints. UnderHost may impose sending limits, require SMTP relay, use outbound filtering, block ports, suspend mail services, or require remediation for spam, bounces, complaints, compromised mailboxes, or reputation risk.

5.5 IP addresses. IP addresses are allocated for justified technical need and remain assigned by UnderHost or its providers. You receive no ownership interest in IP addresses. UnderHost may change, remove, renumber, suspend, or reclaim IP addresses for operational, registry, routing, reputation, abuse, payment, or legal reasons. Customers are responsible for usage that harms IP reputation.

5.6 Plan suitability. High-bandwidth, high-storage, high-concurrency, public download, streaming, game, adult, bulk email, crypto mining, intensive database, scraping, or other unusual workloads may require a suitable plan, a dedicated environment, written approval, additional filtering, or a specific service location. UnderHost may require migration or upgrade where a workload does not fit the ordered plan.

Shared Hosting and Reseller Hosting Limits

5A.1 Shared environment. Shared and reseller hosting place multiple customers on shared infrastructure. These plans are designed for ordinary websites, email, databases, and customer-facing web applications within reasonable usage patterns. They are not dedicated compute, storage, mail relay, archival, streaming, bulk download, or high-abuse-risk environments.

5A.2 Resource limits. UnderHost may enforce limits on CPU, RAM, entry processes, process count, disk I/O, IOPS, inode count, database size, database queries, simultaneous connections, email sending, mailing lists, scheduled or automated application activity, backup storage, file count, and other shared-platform resources. Published limits may be adjusted to protect server stability and other customers.

5A.3 Prohibited shared-hosting usage. Shared and reseller hosting may not be used primarily for file dumps, public file mirrors, backup repositories, media libraries, software distribution, high-volume image hosting, cryptocurrency workloads, mass mailing, traffic relaying, abusive scraping, long-running compute jobs, or applications that materially degrade shared server performance.

5A.4 Reseller responsibility. Resellers are responsible for the conduct, content, security, billing, support, and abuse response of their own customers. UnderHost may suspend an individual reseller account, sub-account, domain, email account, database, script, or the entire reseller service where abuse, compromise, non-payment, or excessive resource use requires action.

5A.5 Migration to suitable service. If a shared or reseller account outgrows the platform, UnderHost may require optimization, caching, cleanup, mailing changes, database repair, malware cleanup, plan upgrade, migration to VPS/dedicated service, or removal of the workload. Continued overuse after notice may result in suspension.

VPS, Cloud and Dedicated Server Terms

5B.1 Server administration. Unless expressly sold as managed, VPS, cloud, and dedicated servers are unmanaged. You are responsible for the operating system, patches, firewall, users, authentication, applications, services, mail configuration, backups, monitoring, licenses, security hardening, and incident response inside the server.

5B.2 Provisioned resources. CPU cores, RAM, disk, port speed, bandwidth, storage type, virtualization type, RAID, backup options, IP allocation, and location are provided according to the ordered plan and actual availability. Hardware models, routes, carriers, and replacement parts may vary. Dedicated servers may use equivalent or better components where exact stock is unavailable.

5B.3 Hardware and platform issues. UnderHost is responsible for the underlying hardware or virtualization platform within the scope of the ordered service. UnderHost is not responsible for downtime caused by customer configuration, kernel changes, firewall rules, operating system corruption, failed upgrades, third-party repositories, custom software, license failure, compromised services, or customer-initiated reboots/reinstalls.

5B.4 Reinstall, rescue and access. Reinstallations, rescue access, remote hands, KVM/IPMI access, operating system reloads, custom ISO work, data recovery attempts, and migration assistance may be limited by location, hardware, provider access, abuse status, payment status, and support scope. UnderHost may require identity or ownership verification before restoring access to a server.

5B.5 Dedicated commitment. Dedicated server orders may involve reserved hardware, datacenter commitments, IP assignments, licenses, and manual provisioning. Once provisioned, dedicated servers and custom server orders are non-refundable unless UnderHost expressly states otherwise or applicable law requires otherwise.

5B.6 Compromised servers. If a VPS or dedicated server is compromised, attacking others, hosting malware, sending spam, participating in botnet activity, or creating network risk, UnderHost may isolate, suspend, filter, null-route, or require reinstall/remediation before reconnecting service. Customer-caused compromise is not an SLA event.

Email Sending, Deliverability and Mail Abuse

5C.1 Permission-based sending. Email sent through UnderHost services must be permission-based and compliant with applicable anti-spam, privacy, consumer protection, and electronic communications laws. Customers must maintain proof of consent where required and must not use purchased, harvested, rented, scraped, or third-party lists without a lawful basis and appropriate consent.

5C.2 Sender practices. Customers must use accurate sender identity, valid reply addresses, functional unsubscribe handling, suppression lists, bounce handling, and appropriate authentication such as SPF, DKIM, and DMARC where applicable. Sending must not use misleading subject lines, forged headers, rotating domains to evade reputation controls, or domains registered primarily to avoid complaints.

5C.3 Limits and filtering. UnderHost may impose hourly or daily sending limits, recipient limits, mailing-list limits, outbound filtering, SMTP relay requirements, port restrictions, rate limits, or manual review. Limits may vary by plan, account age, reputation, payment history, abuse history, location, and technical configuration.

5C.4 Reputation events. Spam complaints, blacklist listings, excessive bounces, blocklist hits, spamtrap hits, poor engagement, compromised mailboxes, phishing reports, or provider complaints may result in mail suspension, IP reassignment, forced relay use, cleanup requirements, password resets, service suspension, or termination for repeat issues.

5C.5 No guaranteed inboxing. UnderHost does not guarantee inbox placement, blacklist removal, reverse DNS approval, email reputation, third-party mail acceptance, or delivery to any specific provider. Deliverability depends on customer content, sender practices, DNS configuration, reputation, recipient behavior, and third-party filtering systems.

IP Allocation, rDNS and Network Reputation

5D.1 Justification required. IP addresses are assigned based on technical justification, service type, location, availability, registry/provider rules, and reputation considerations. UnderHost may deny, reduce, reclaim, renumber, or require justification for IP allocations, including additional IPs requested for SEO, mailing, segmentation, SSL, nameservers, virtualization, or application separation.

5D.2 No ownership. IP addresses are not sold to customers and are not customer property. They are licensed for use with active UnderHost services and may be changed, withdrawn, null-routed, suspended, replaced, or reclaimed for operational, routing, registry, payment, abuse, legal, scarcity, provider, or reputation reasons.

5D.3 Reverse DNS. Reverse DNS may be provided where supported and appropriate. UnderHost may refuse or remove rDNS that is false, misleading, generic in a way that harms reputation, inconsistent with the service, associated with abuse, or likely to create mail or network complaints.

5D.4 Reputation responsibility. Customers are responsible for activity that damages IP, ASN, domain, mail, or network reputation. UnderHost may require remediation, suspend outbound traffic, rotate or remove IPs, refuse replacement IPs, or terminate service where reputation damage is caused by spam, phishing, malware, scanning, attacks, fraud, or repeated complaints.

5D.5 Geolocation and routing. IP geolocation, routing, latency, search-engine treatment, streaming treatment, blacklist status, and third-party classification are not guaranteed. Third-party databases may classify IPs inaccurately, and correction is not always available or controlled by UnderHost.

6. Billing, Payment, Taxes and Chargebacks

6.1 Fees. You agree to pay all fees shown in the applicable order, invoice, renewal notice, service description, or accepted quote. Fees are due by the invoice due date unless UnderHost states otherwise in writing.

6.2 Price changes. UnderHost may change prices for renewals, upgrades, addons, licenses, IP addresses, domains, SSL certificates, management, support, datacenter costs, vendor costs, currency changes, or taxes. Material recurring price changes will be communicated where reasonably practicable before the affected renewal.

6.3 Payment authorization. By providing a payment method, you authorize UnderHost and its payment processors to charge invoices, renewals, upgrades, addon fees, usage fees, administrative fees, reinstatement fees, and other amounts due. You are responsible for keeping payment details current.

6.4 Late payment. Overdue invoices may result in suspension, late fees, interest up to 1.5% per month or the maximum allowed by law, loss of discounts, data removal, domain expiry, service termination, or collection activity. A minimum reinstatement fee of $10.00 may apply to suspended or terminated accounts, and a standard late fee of up to 25% of the unpaid invoice may apply after 72 hours.

6.5 Taxes and fees. Prices exclude taxes, duties, levies, payment processor fees, bank fees, currency conversion fees, chargeback fees, registry fees, redemption fees, and government charges unless stated otherwise. You are responsible for all applicable taxes and third-party fees.

6.6 Chargebacks and disputes. You must contact UnderHost first to resolve billing concerns. Unauthorized chargebacks, payment reversals, false disputes, stolen-card use, or payment fraud may result in immediate suspension or termination. A minimum administrative fee of $150.00 applies to each chargeback or payment dispute, in addition to provider fees, collection costs, legal fees, and unpaid service charges where permitted by law.

6.7 Cryptocurrency payments. Cryptocurrency payments are accepted only when offered at checkout. Blockchain transactions may be irreversible, public, delayed, affected by fees, exchange rates, confirmation times, payment windows, and wallet errors. Refunds for cryptocurrency payments, when approved, may be issued as account credit, in the original cryptocurrency, in another cryptocurrency, or by another method selected by UnderHost, calculated using the value received or the value at refund time as determined by UnderHost.

6.8 Hourly administration. Customers with unmanaged VPS, cloud, or dedicated services who request server administration agree to be billed at $39.95 per hour in 15-minute increments, with a minimum charge of 0.25 hours, unless another rate is agreed in writing. Completed administration work is non-refundable.

7. Cancellations, Refunds, Suspension and Termination

7.1 Cancellation requests. Cancellation requests must be submitted through CustomerPanel before the renewal due date. Stopping use of a Service, changing DNS, deleting files, disabling a payment method, or opening a support ticket does not automatically cancel billing.

7.2 Refund eligibility. Any money-back guarantee applies only to eligible first-time shared hosting or reseller hosting plans where expressly advertised. Refunds are not automatic and may be denied for abuse, fraud, policy violations, chargebacks, excessive resource use, or services already provisioned or consumed.

7.3 Non-refundable services. Unless UnderHost expressly agrees otherwise, the following are non-refundable after order, provisioning, registration, issuance, allocation, or delivery: VPS, cloud servers, dedicated servers, custom servers, setup fees, management fees, administration work, migrations, licenses, addons, IP addresses, domain registrations, domain renewals, domain transfers, redemption fees, SSL certificates, CDN services, control panel licenses, software licenses, and third-party costs.

7.4 Abuse and fraud exclusions. No refund or credit is owed for accounts suspended or terminated for fraud, chargebacks, stolen-card use, spam, phishing, malware, CSAM, illegal content, network attacks, repeated abuse, false information, sanctions risk, or material breach of these Terms.

7.5 Suspension. UnderHost may suspend Services for unpaid invoices, payment disputes, fraud risk, abuse reports, security incidents, compromised services, excessive resource use, legal risk, registry or datacenter requirements, or violation of these Terms. Suspension may affect access to data, email, DNS, IP addresses, backups, and related services.

7.6 Termination and deletion. UnderHost may terminate Services for material breach, non-payment, fraud, repeated abuse, severe abuse, legal risk, or operational necessity. After termination or expiry, data may be deleted at any time without further notice unless retention is required by law, security, abuse handling, billing, or backup cycles.

7.7 Collections. You are responsible for reasonable collection costs, legal fees, court costs, chargeback costs, and professional fees incurred by UnderHost in collecting overdue amounts or defending against improper disputes.

8. Domains, SSL, Software and Third-Party Services

8.1 Domain rules. Domain registration, renewal, transfer, WHOIS/RDAP data, verification, suspension, expiry, redemption, dispute handling, and cancellation are subject to applicable registrar, registry, ICANN, ccTLD, and provider rules. UnderHost acts as a reseller or service provider for many domain services and cannot override registry or registrar decisions.

8.2 Registrant responsibility. You are responsible for selecting, spelling, registering, renewing, securing, and legally using domain names. You must maintain accurate registrant and contact information and respond promptly to verification requests. Failure to verify or maintain accurate data may result in suspension, cancellation, transfer lock, or loss of the domain.

8.3 Expiry and redemption. Domain renewals are your responsibility. Expired domains may enter grace, redemption, auction, deletion, or third-party acquisition processes. Redemption or recovery fees may apply, and UnderHost does not guarantee that an expired domain can be recovered.

8.4 SSL certificates. SSL certificates are subject to certificate authority validation, issuance, revocation, browser, and industry rules. UnderHost is not responsible for denial, delay, revocation, browser distrust, validation failure, domain control issues, or incorrect customer-provided certificate information.

8.5 Third-party software. Control panels, operating systems, applications, plugins, themes, security tools, CDN features, licensing systems, and other third-party services are subject to their own terms, limits, updates, vulnerabilities, price changes, and availability. UnderHost is not responsible for third-party defects, license changes, end-of-life decisions, or vendor outages.

8.6 Affiliate program. Affiliate commissions are subject to verification, anti-fraud review, payment clearance, and program rules. Self-referrals, fake accounts, misleading advertising, cookie stuffing, trademark abuse, spam, incentivized abuse, chargeback-related referrals, or policy violations may result in denial or reversal of commissions and account termination.

9. Backups, Data and Privacy

9.1 Customer backups. You are solely responsible for maintaining current, independent, and restorable backups of your websites, databases, email, files, configurations, licenses, and Customer Content. UnderHost backup services, where offered, are a convenience and are not a substitute for your own backups.

9.2 Backup limitations. Backups may fail, be incomplete, be unavailable, be overwritten, exclude certain files or accounts, or be deleted after suspension, termination, expiry, migration, abuse, resource abuse, storage limits, or technical failure. UnderHost does not guarantee successful backup or restoration unless expressly agreed in a separate written service commitment.

9.3 Data loss. UnderHost is not liable for data loss, corruption, unauthorized access, deletion, misconfiguration, failed backups, failed restores, customer error, compromised applications, third-party software, or events outside UnderHost's reasonable control, except to the limited extent required by applicable law.

9.4 Logs and monitoring. UnderHost may process account data, billing data, support data, fraud-screening data, server logs, mail logs, firewall logs, DNS logs, control panel logs, security telemetry, and abuse evidence to provide, secure, troubleshoot, bill, monitor, and protect the Services.

9.5 Privacy. UnderHost handles personal information according to the Privacy Policy. Customers who host personal data are responsible for their own privacy notices, lawful bases, security obligations, consent mechanisms, data processing agreements, and compliance duties toward their users.

10. SLA Credits and Exclusions

10.1 Exclusive remedy. Eligible downtime credits, if any, are governed by the applicable SLA and are the customer's sole and exclusive remedy for service availability issues. Credits are not refunds and cannot exceed the affected service fees for the relevant period.

10.2 Claim process. SLA credit requests must be submitted through CustomerPanel within the time required by the SLA and must include the affected service, date, time, duration, and technical details. UnderHost monitoring and provider records control where measurements differ.

10.3 Exclusions. SLA credits do not apply to scheduled maintenance, emergency maintenance, customer-caused outages, unpaid invoices, suspension, abuse handling, compromised services, DDoS attacks, force majeure, DNS propagation, registrar or registry issues, third-party software, customer configuration, upstream or routing events outside UnderHost's reasonable control, or services outside the SLA scope.

11. Warranties and Disclaimers

11.1 Limited service commitment. UnderHost will provide the Services in a commercially reasonable manner consistent with the applicable service description, subject to these Terms, the SLA, third-party dependencies, customer responsibilities, and operational constraints.

11.2 No absolute guarantee. The Services are provided on an "as is" and "as available" basis except as expressly stated in these Terms or the SLA. UnderHost does not guarantee uninterrupted service, error-free operation, total security, deliverability, search ranking, business results, data integrity, legal compliance for your use case, or compatibility with all software, scripts, plugins, or applications.

11.3 Disclaimer. To the maximum extent permitted by law, UnderHost disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing, usage, or trade practice. No oral or written advice creates a warranty not expressly stated in these Terms.

12. Limitation of Liability and Indemnification

12.1 Liability cap. To the maximum extent permitted by law, UnderHost's total liability for all claims arising out of or relating to the Services or this Agreement will not exceed the amount paid by you for the affected Service during the twelve (12) months immediately preceding the event giving rise to the claim.

12.2 Excluded damages. UnderHost is not liable for lost profits, lost revenue, loss of business, loss of goodwill, loss of data, replacement services, business interruption, indirect, special, incidental, consequential, exemplary, or punitive damages, whether or not foreseeable and whether based on contract, tort, negligence, statute, strict liability, or another theory.

12.3 Corrective action. UnderHost is not liable for suspension, filtering, null-routing, content removal, port blocking, refusal of service, termination, or other corrective action taken in good faith for non-payment, abuse, fraud, security, legal, registry, datacenter, or network protection reasons.

12.4 Indemnification. You agree to defend, indemnify, and hold harmless UnderHost, its affiliates, providers, officers, directors, employees, contractors, agents, and suppliers from claims, damages, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising from your Customer Content, your use of the Services, your customers or end users, breach of these Terms, payment disputes, abuse, infringement, illegal activity, security failures, or violation of law.

13. Miscellaneous

13.1 Independent contractors. UnderHost and Customer are independent contractors. Nothing in this Agreement creates a partnership, agency, employment, franchise, fiduciary, or joint venture relationship.

13.2 Governing law and jurisdiction. Any controversy or claim arising out of or relating to this Agreement, its formation, or its breach, including any tort claim, is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any suit, action, or proceeding concerning this Agreement must be brought in a provincial or federal court located in Vancouver, British Columbia, Canada, and each party consents to the exclusive jurisdiction and venue of those courts to the fullest extent permitted by law.

13.3 Assignment. You may not assign or transfer this Agreement or any Service without UnderHost's prior written consent. UnderHost may assign this Agreement, transfer accounts or infrastructure, or use subcontractors and providers to perform the Services.

13.4 Force majeure. UnderHost is not responsible for failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, power failures, network failures, cable cuts, hardware shortages, supply-chain issues, government action, sanctions, legal orders, fires, floods, pandemics, upstream provider failures, registry failures, payment processor failures, DDoS attacks, or third-party service failures. Payment obligations are not excused by force majeure.

13.5 Notices. UnderHost may provide notices through CustomerPanel, email, website notices, invoices, support tickets, or other reasonable means. You are responsible for monitoring the contact email and account notices associated with your account.

13.6 Severability and waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of the right to enforce it later.

13.7 Survival. Provisions relating to payment, refunds, abuse, data deletion, domain obligations, warranty disclaimers, limitation of liability, indemnification, governing law, and any provision that by its nature should survive will survive suspension, expiry, or termination.

14. Changes to the Terms of Service

UnderHost may update these Terms and related policies to reflect changes in law, services, vendors, security practices, abuse trends, pricing, infrastructure, or business operations. Updates will be posted on this page or otherwise communicated where appropriate.

Continued use of the Services after the effective date of updated Terms constitutes acceptance, unless applicable law requires a different form of notice or consent. If you do not agree to updated Terms, you must stop using the Services and cancel affected services before renewal.

Effective Date: April 2007
Last Revised: May 23, 2026
(update: 5.0)