Controlbd.com reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Controlbd.com may reasonably make to this agreement when such changes are made. If you have purchased services or software from Controlbd.com, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

1.) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Controlbd.com, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. We Controlbd.com is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via our client support system. Providing false contact information of any kind may result in the termination of your account.

All new web hosting or reseller hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Controlbd.com service, this process may sometimes be delayed.

Website/Data/File Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact our staff member from the transfers department with specific details to receive a price quote.

Controlbd.com provides free account migration/transfer up to a total of 50 accounts migration/transfer of data for 30 days from your sign up date and for each subsequent hosting account which needed to perform an account migration/transfer there will be a charge of $2.00 per domain account requested for the transfer.

2.) Content

All services provided by ControlBD may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless ControlBD from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of others copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

    * IRC Scripts/Bots

    * Rapidleech Script

    * Proxy Scripts/Anonymizers
    * Pirated Software/Warez
    * Image Hosting Scripts (similar to Photobucket or Tinypic)
    * AutoSurf/PTC/PTS/PPC sites
    * IP Scanners
    * Bruteforce Programs/Scripts/Applications
    * Mail Bombers/Spam Scripts
    * Banner-Ad services (commercial banner ad rotation)
    * File Dump/Mirror Scripts (similar to rapidshare)
    * Commercial Audio Streaming (more than one or two streams)
    * Escrow/Bank Debentures
    * High-Yield Interest Programs (HYIP) or Related Sites
    * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    * Sale of any controlled substance without prior proof of appropriate permit(s)
    * Prime Banks Programs
    * Gambling or Lottery Sites
    * MUDs/RPGs/PBBGs
    * Hateful/Racist/Harassment oriented sites
    * Hacker focused sites/archives/programs
    * Sites promoting illegal activities
    * Forums and/or websites that distribute or link to warez/pirated/illegal content
    * Bank Debentures/Bank Debenture
    * Trading Programs
    * Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    * Mailer Pro


ControlBD services, including all related equipment, networks and network devices are provided only for authorized customer use. ControlBD systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ControlBD system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ControlBD may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will be happy to assist you.

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 suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; if more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Links to unacceptable content, as defined above, are also prohibited.

The subscriber to ControlBD service agrees to indemnify and hold harmless ControlBD from any claims resulting from the use of the service that damages the subscriber or any other party.

No online pharmacies are allowed on our network.

Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.

ControlBD will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Legal Adult Content is allowed.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. ControlBD shall be the sole arbiter of what is considered to be a high server usage level. Please refer to Resource Abuse Policy (RAP).

Chat Rooms

ControlBD does not provide nor allow chat room's On shared hosting environments. You may elect for a Dedicated Server to Run a chat room efficiently.

Background Running Programs

ControlBD does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC

ControlBD does not allow IRC server, IRC bots, or IRC shells to be operated on our network.

Banned Scripts

We do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our shared/reseller hosting servers.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ControlBD reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

ControlBD reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of ControlBD.com.

4.) Payment Information

You agree to supply appropriate payment for the services received from ControlBD , in advance of the time period during which such services are provided. You agree that until and unless you notify ControlBD of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies ControlBD of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done by submitting a cancellation request via the client ticket system to the billing department as provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a ticket number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within 24 hours after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of ControlBD, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify ControlBD of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ControlBD. We reserves the right to bill your credit card or billing information on file with us. ControlBD provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to ControlBD for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and ControlBD cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non- or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at ControlBD's sole discretion, deleted or otherwise destroyed. In no event will ControlBD be liable for preservation of data subsequent to you breech this agreement.

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectible by ControlBD will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a .Processing and Collection. Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

ControlBD reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. ControlBD is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ControlBD servers.

ControlBD performs daily backups on all servers to ensure critical files are never lost. However ControlBD is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy. Any user that need us to restore a backup for their hosting account due an error made beyond our control, there is a $5.00 one time fee required. If your account or data is lost due to system or drive we will restore it at no additional charge. The data on our shared servers are backed up on a separate hard drive on a weekly and/or daily basis. Due to the nature of hard drives having errors or issues we can not ensure 100% recovery, however we will always strive to recover 100%. The charge for the restore is used to maintain the highest level of security and integrity on our backups and to strive to be able to help you restore data which may be unrecoverable without backups.

Note: Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by ControlBD.

6.) Disputes, Cancellations

ControlBD reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Dedicated Server or VPS Cancellations

Either of us may terminate this Agreement by providing the other with written notice of intent to terminate (a Termination Notice). You must provide us with written notice of your intent to terminate this agreement no less than thirty days prior to the renewal of your Service.

Either of us may terminate this Agreement by providing the other with written notice of a material breach. The written notice must contain sufficient facts from which the non-breach party may identify the alleged cause of the breach, and take steps to cure such a breach. Upon delivery of the notice of material breach, the party of alleged breach shall have ten calendar days during which the breach may be cured. If the material breach is incapable of cure, the non-breaching party may terminate this Agreement immediately.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

7. Resource Usage - (Refer to Resource Abuse Policy)

User may not:

a) Use 15% 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, 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 5 minutes.

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")


7a.) Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.


9.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.8% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ControlBD dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10.) Direct Client & Reseller: Client Responsibility

Resellers are responsible for supporting their clients. ControlBD does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. ControlBD will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of ControlBD's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client.

The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of ControlBD to provide this knowledge or support outside matter specific to ControlBD servers.

11.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers

ControlBD reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data center. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. ControlBD reserves the right to audit servers as needed and to perform administrative actions at the request of our data center. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ControlBD, and the right to increase the amount of resources given to plans at any time.

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

15a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold ControlBD harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ControlBD, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ControlBD against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ControlBD; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ControlBD's server.

15b.) Arbitration

By using any ControlBD services, you agree to submit to binding arbitration. If any disputes or claims arise against ControlBD or its subsidiaries, such disputes will be handled by an arbitrator of ControlBD's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Arizona. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Disclaimer

ControlBD shall not be responsible for any damages your business may suffer. ControlBD makes no warranties of any kind, expressed or implied for services we provide. ControlBD disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ControlBD and its employees.

17.) Disclosure to law enforcement

ControlBD may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS

ControlBD reserves the right to revise its policies at any time without notice.

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.

This Terms of Service Agreement can change at anytime and it is your responsibility to ensure that you regularly check for updated version of this Terms of Service Agreement.