BD Host Terms of Service

1. General Provisions and Legal Capacity

1.1. Entire Service Relationship

These Terms of Service, together with all referenced or supplementary policies, service descriptions, operational procedures, abuse standards, data handling provisions, pricing notices, renewal notices, and service-specific conditions, form the complete legal framework governing the relationship between BD Host and the Customer. Any prior informal discussion, sales statement, promotional statement, or non-authorized representation does not override these Terms unless confirmed by BD Host in writing.

1.2. Acceptance by Conduct

Acceptance of these Terms may occur not only by clicking acceptance buttons or placing orders, but also by making payment, activating a service, logging into the client area, using hosting resources, registering a domain, opening support requests, configuring DNS, or otherwise interacting with the Services in a manner consistent with ownership or use.

1.3. Legal Capacity and Authority

The Customer warrants that they are at least eighteen (18) years old and legally competent to enter into a binding contract. If the Customer acts on behalf of a business, organization, institution, or any other legal entity, the Customer further warrants that they possess all required authority to bind that entity to these Terms and to all associated billing and policy obligations.

1.4. Definitions

• "BD Host", "Company", "We", "Us", "Our" means the provider of hosting and related services.
• "Customer", "Client", "You", "Your" means the account holder, registrant, purchaser, or service user.
• "Services" includes shared hosting, reseller hosting, VPS, dedicated servers, domain registration, SSL, email, backups, migrations, and related products.
• "Client Area" means the official customer panel used for orders, invoices, tickets, cancellation, and account administration.
• "AUP" means the Acceptable Use Policy, whether contained within these Terms or published separately.

2. Account Administration and Verification Procedures

2.1. Accurate Account Information

The Customer must provide complete, true, accurate, current, and verifiable information during registration and throughout the service period. This includes legal name, physical address, country, mobile number, email address, business identity where applicable, tax information if requested, and any ownership records necessary for domain or billing verification.

2.2. Ongoing Update Obligation

The Customer has a continuing duty to maintain accurate information in the Client Area. If the Customer fails to update their email address, phone number, or billing details, BD Host shall not be liable for missed reminders, security alerts, renewal notices, suspension notices, abuse notifications, or legal communications sent to the last known contact details.

2.3. Identity Verification and KYC Measures

BD Host reserves the right to perform Know Your Customer (KYC), anti-fraud, anti-abuse, and transaction risk reviews before or after account activation. We may request government-issued photo identification, utility bills, passport copy, business registration certificate, proof of payment, proof of address, or domain ownership evidence when reasonably required.

2.4. Ownership and Beneficial Control Checks

Where an account, domain, or service appears to be controlled by someone other than the listed registrant or account owner, BD Host may request further proof of beneficial ownership, payment authorization, or administrative authority before processing transfers, password resets, account merges, or data disclosures.

2.5. Account Credential Security

The Customer bears sole responsibility for all usernames, passwords, cPanel or DirectAdmin credentials, SSH keys, API access tokens, mail passwords, FTP access, backup keys, and two-factor authentication settings. BD Host is not responsible for losses caused by weak passwords, phishing, local device compromise, social engineering, malware, or credential sharing by the Customer.

3. Financial Terms, Billing, and Payment Processing Protocols

3.1. Prepaid Service Model

Unless explicitly agreed in writing, all BD Host services are sold and maintained on a prepaid basis. Payment must be received in cleared funds on or before the invoice due date. No service activation, extension, renewal, upgrade, restoration, migration scheduling, or administrative release is guaranteed prior to successful payment confirmation.

3.2. Currency and Tax Responsibility

Prices are generally quoted in Bangladeshi Taka (BDT), unless another currency is specifically offered or approved. The Customer remains solely responsible for all taxes, VAT, duties, levies, withholding obligations, bank fees, remittance charges, currency conversion differences, gateway deductions, and mobile financial service fees associated with the transaction.

3.3. Invoice Issuance and Due Dates

Invoices may be issued in advance of the service renewal or activation date. The Customer is responsible for paying the invoice before the due date shown in the Client Area or invoice communication. Failure to receive or open an invoice message does not remove the Customer’s obligation to make timely payment.

3.4. Late Payment and Suspension

1. Any unpaid invoice may cause the relevant service to be marked overdue.
2. Overdue services may be suspended automatically or manually without prior warning.
3. Suspension does not waive payment obligations and may still allow fees, penalties, or administrative costs to accrue.
4. If overdue payment persists beyond the tolerated period, the service may be terminated permanently and related data may be deleted.

3.5. Reactivation and Administrative Charges

Suspended services that remain technically recoverable may require payment of all outstanding invoices together with any reactivation fee, restoration fee, manual processing fee, or abuse cleanup fee before service restoration is considered.

3.6. Pricing Changes and Commercial Updates

BD Host may adjust service rates, renewal pricing, bundled entitlements, or billing structure at any time. Any revised recurring pricing normally becomes applicable from a future billing cycle, subject to reasonable prior notice where appropriate.

4. Chargebacks, Fraud Screening, and Risk Controls

4.1. Fraud Review Rights

BD Host may hold, delay, restrict, manually review, or cancel any order that appears suspicious, high-risk, mismatched, unverifiable, or inconsistent with normal usage or payment patterns. Fraud indicators may include mismatched location, multiple failed payments, stolen card indicators, bulk automated orders, unusual account creation behavior, or proxy/VPN-based abuse.

4.2. Chargebacks and Payment Reversals

If a chargeback, reversal, dispute, payment recall, or unauthorized transaction claim is initiated against any invoice, BD Host may immediately suspend the associated services, lock the account, withhold domain or service transfers, and require full settlement of all outstanding balances plus administrative recovery costs before any further action is taken.

4.3. Administrative Cost Recovery

The Customer agrees that BD Host may recover reasonable administrative costs, gateway penalties, dispute handling costs, or collection-related expenses arising from invalid or abusive chargebacks to the extent permitted by law.

5. Service Cancellation and Refund Eligibility Requirements

5.1. Customer Cancellation Procedure

To cancel a service, the Customer must use the official cancellation process provided in the Client Area or any other BD Host-approved formal procedure. Informal chat messages, social messages, or unverified requests may not be accepted as valid cancellation notices.

5.2. Effective Date of Cancellation

Cancellation requests are generally scheduled to become effective at the end of the active billing cycle unless the Customer specifically requests immediate cancellation. Immediate cancellation may result in immediate service loss and normally does not create a right to prorated refund.

5.3. Limited Money-Back Guarantee

A limited, non-transferable, one-time money-back guarantee of seven (7) calendar days may apply only to eligible first-time purchases of shared hosting services, counted from the date of service activation. This guarantee is discretionary in scope and may exclude abuse cases, promotional misuse, policy violations, free-domain bundles, and customized work.

5.4. Strictly Non-Refundable Items

• Domain registration, domain renewal, domain restoration, transfer, redemption, or premium domain charges.
• VPS, dedicated servers, reseller hosting, custom-configured services, managed work, priority support, and migration fees.
• SSL certificates, dedicated IPs, software licenses, install fees, setup charges, admin fees, and reactivation fees.
• Services suspended or terminated for abuse, spam, fraud, phishing, malware, or contract breach.

5.5. Promotional Bundle Adjustments

If a hosting plan included a free domain, discounted software, free SSL, migration credit, or other bundled promotional item, any approved refund may be reduced by the standard retail value of those items or services.

5.6. Digital Products — Strictly Non-Refundable Upon Delivery

Digital products, digital services, service credentials, license keys, activation codes, software downloads, digital files, account access details, scripts, configurations, and any other digitally delivered item are strictly non-refundable once delivered or accessed. By the inherent nature of digital delivery, a product is considered fully received and consumed upon first access, download, disclosure, or activation — regardless of whether the Customer subsequently claims non-use, dissatisfaction, or change of intent. No refund, partial credit, unused-period compensation, or reversal of any kind shall be issued for any digital product or digitally delivered service once it has been provided to the Customer.

5.7. Issue Resolution, Post-Delivery Support, and No-Refund Policy for Remediation Work

If a digital product or digitally delivered service experiences a technical issue, becomes compromised, is hacked, is affected by unauthorized access, or otherwise requires corrective work after delivery, BD Host may, at its sole discretion, provide remediation, reconfiguration, repair, or recovery assistance for a nominal service charge. Such a charge covers the manual labor and technical work performed and is itself final and non-refundable.

Where BD Host has completed remediation or repair work and a subsequent compromise, hack, or issue occurs after that work has been delivered, BD Host will make reasonable efforts to provide further assistance at no additional charge as a goodwill measure. However, this continued assistance does not, under any circumstances, entitle the Customer to a refund of the original purchase amount, the prior remediation fee, or any other payment previously made. All amounts paid at any stage of purchase, setup, or remediation remain final and are not subject to reversal, chargeback, or compensation.

6. Service Definition, Scope, Provision, and Modifications

6.1. Plan-Based Resource Allocation

Services are provided strictly subject to the limits, allocations, and performance characteristics of the selected plan. These may include storage, bandwidth, inode limits, CPU usage, memory use, I/O rates, concurrent process limits, email volume, database size, backup eligibility, and other technical or operational caps.

6.2. No Guarantee of Unlimited Usage

Terms such as "unlimited" or "unmetered", where used in marketing or plan descriptions, are subject to fair usage, system integrity, lawful use, and ordinary website hosting expectations. Such wording never permits abusive, disproportionate, or infrastructure-damaging activity.

6.3. Infrastructure and Platform Changes

BD Host may alter service hardware, virtualization platforms, control panels, storage architecture, email routing, security systems, backup providers, operating systems, upstream network arrangements, or other technical components when reasonably necessary for security, performance, maintenance, or business continuity.

6.4. Planned and Emergency Maintenance

We may perform scheduled or unscheduled maintenance, patching, upgrades, migrations, or emergency recovery work. BD Host will use commercially reasonable efforts to minimize disruption, but advance notice may not always be possible, especially in urgent security or infrastructure events.

7. Migration, Transfer, and Onboarding Assistance

7.1. Complimentary Migration Scope

BD Host may offer complimentary migration for certain eligible hosting services as a best-effort courtesy. Complimentary migration is not guaranteed for all service types, server architectures, custom applications, oversized accounts, broken websites, non-standard email systems, or inaccessible source environments.

7.2. Migration Limitations

The Customer remains responsible for providing valid access credentials, source server accessibility, working backups, accurate DNS coordination, and application-level compatibility. BD Host is not responsible for third-party software defects, coding issues, unsupported versions, or data inconsistencies originating from the old provider.

7.3. Transfer Timing

Migration timelines are estimates only and may be affected by account size, access delays, source instability, corruption, missing backups, malware infection, or compatibility issues.

8. Acceptable Use Policy (AUP) and Prohibited Content Regulations

8.1. General Lawful Use Requirement

The Customer agrees to use the Services only for lawful purposes and in a manner that does not violate applicable local, national, or international law, infringe the rights of others, or threaten the integrity, stability, reputation, or security of BD Host, its partners, or other service users.

8.2. Strictly Prohibited Content and Activities

1. Copyright infringement, pirated software, cracked applications, or unauthorized media distribution.
2. Phishing pages, credential harvesting, scam portals, fake banking pages, or deceptive identity mimicry.
3. Malware, viruses, ransomware, trojans, exploit kits, malicious redirects, or harmful script injection.
4. Spam campaigns, unsolicited bulk email, open relay misuse, bot-driven messaging, or mailing-list abuse.
5. Unauthorized intrusion attempts, port scanning, brute force activity, credential stuffing, or exploit attempts.
6. Illegal content, violent unlawful material, child sexual abuse content, or content prohibited by governing law.
7. Hosting infrastructure used to support or coordinate attacks, abuse, fraud, or unlawful financial activity.

8.3. Immediate Protective Action

BD Host may take immediate protective action, including filtering, blocking, disabling files, suspending mail functions, limiting resource usage, isolating accounts, or fully suspending services where abuse is suspected or confirmed.

9. Email Service Use, Anti-Spam, and Messaging Restrictions

9.1. Intended Use of Email Services

Email services provided with hosting plans are intended for normal business or website-related communication and not for high-volume bulk marketing, cold outreach, purchased mailing lists, affiliate spam, or mass campaign distribution unless the service is specifically designed and approved for such use.

9.2. Anti-Spam Enforcement

The Customer must not send unsolicited commercial email, forged-header email, misleading campaigns, or messages to recipients without proper consent where required. BD Host maintains a strict anti-spam stance and may suspend mail services or the entire hosting account upon detection of spam or related abusive behavior.

9.3. Mailing List Responsibility

The Customer is responsible for list hygiene, unsubscribe compliance, consent management, bounce handling, complaint minimization, and lawful communication practices.

10. Fair Resource Usage, Technical Limits, and Over-Usage Policies

10.1. Shared Hosting Fair Use

Shared hosting services are designed for ordinary website operations under a shared-resource environment. Any account that consumes excessive CPU, RAM, disk I/O, process count, MySQL load, mail throughput, or other shared system resources may be limited, throttled, isolated, or required to upgrade.

10.2. Inodes, Files, and Storage Character

Accounts may be subject to inode and file-count limits, whether published in plan specifications or enforced operationally. Hosting storage is intended for active website and related email/service content. It must not be used as a personal cloud drive, backup warehouse, archiving vault, or large public file distribution platform unless specifically authorized.

10.3. Automated and Manual Enforcement

BD Host may use automatic systems or manual review to identify excessive resource consumption, abusive scripts, unstable cron jobs, runaway mail queues, excessive database queries, oversized log growth, or similar technical misuse.

11. Domain Registration, Renewal, and Transfer Protocols

11.1. External Registry Rules

All domain services are subject to the rules of the relevant registry, registrar, ICANN, ccTLD authority, and dispute policies. BD Host may act as a reseller or intermediary and is therefore also bound by the operational limits of upstream providers.

11.2. Renewal Responsibility

The Customer bears sole responsibility for ensuring that domain renewals are paid before the expiration date. Failure to renew in time may lead to suspension, redemption fees, loss of DNS functionality, website downtime, email disruption, or permanent loss of the domain.

11.3. Expiry and Redemption

Expired domains may pass through grace, redemption, pending deletion, or registry release stages depending on the TLD. Restoration may require additional registry fees, and recovery is never guaranteed after certain stages.

11.4. Transfer Requirements

Domain transfer requests may require account verification, valid WHOIS details, unlocked domain status, EPP or authorization code, payment clearance, and compliance with mandatory transfer restrictions including the common sixty (60) day lock period applicable to many domain events.

12. Data Backup, Restoration, and Customer Security Responsibility

12.1. Primary Backup Responsibility

The Customer retains sole responsibility for maintaining separate and current backups of all files, databases, emails, settings, source code, and business-critical data. BD Host services must not be treated as the Customer’s only backup mechanism.

12.2. Courtesy Backups

Any backup or snapshot facility provided by BD Host is offered as a courtesy unless expressly sold as a contractual backup product. Courtesy backups may fail, exclude certain files, skip large accounts, or become unavailable without notice.

12.3. Restoration Policy

BD Host may perform restoration on a best-effort basis where technically possible. Restoration requests may be subject to queueing, scope limits, retention limits, manual service fees, or rejection where the requested data is missing, corrupted, aged out, or operationally unrecoverable.

12.4. Customer Software Security

The Customer is fully responsible for patching and securing CMS installations, themes, extensions, plugins, frameworks, custom scripts, APIs, admin panels, and user credentials. Infected or compromised accounts may be suspended immediately to protect the shared environment.

13. Service Level Agreement (SLA) and Technical Support Scope

13.1. Uptime Objective

BD Host may provide uptime targets for eligible services. Such targets are subject to exclusions, maintenance windows, force majeure, upstream dependency limitations, customer-caused incidents, abuse suspensions, and plan-specific conditions.

13.2. Support Channels and Scope

Standard support is generally provided through the ticket system and other official channels designated by BD Host. Support covers infrastructure-level issues, access concerns, service availability problems, and core platform matters. Support does not necessarily include custom coding, third-party application debugging, SEO consultation, or business consulting.

13.3. Response Time vs Resolution Time

Any published support response targets indicate when a support case may first be acknowledged, not when it will be fully resolved. Resolution time depends on issue complexity, third-party dependencies, access availability, customer response time, and whether the problem falls within normal support scope.

14. Specialized Services (Reseller, VPS, Dedicated) Obligations

14.1. Reseller Responsibility

Reseller customers are fully responsible for the conduct, billing behavior, content, technical configuration, and policy compliance of all sub-clients operating under the reseller environment. A violation by a sub-client may be treated as a violation by the reseller.

14.2. VPS and Dedicated Management

Unless clearly sold as managed, VPS and dedicated servers are generally unmanaged. The Customer is responsible for server administration, OS security, patch management, firewall configuration, service hardening, malware control, software installation, and backup strategy.

14.3. Licensing Compliance

The Customer must maintain valid licenses for all commercial software installed or used on the service, including operating systems, control panels, antivirus tools, paid plugins, and proprietary applications.

15. Beta Services, Trials, and Promotional Offers

15.1. Beta or Trial Services

Any beta, preview, evaluation, test, or trial service may be modified, suspended, restricted, or discontinued at any time. Such services may contain bugs, incomplete features, limited support, and no guaranteed uptime, compatibility, or retention.

15.2. Promotional Pricing

Promotional rates, coupons, launch discounts, bundle offers, and introductory pricing may apply only to the first billing cycle unless expressly stated otherwise. Renewal may occur at the then-current standard rate.

15.3. Abuse of Promotions

BD Host reserves the right to cancel, restrict, or refuse promotional eligibility in cases of duplicate abuse, fraud, serial refund behavior, identity manipulation, or offer misuse.

16. Abuse Handling, Legal Process Compliance, and Data Disclosure

16.1. Abuse Complaint Procedure

Upon receipt of a credible abuse report or automated abuse indicator, BD Host may open an internal review, notify the Customer, demand remedial action, or impose immediate restrictions depending on severity. BD Host may define response deadlines case by case.

16.2. Intellectual Property and Infringement Complaints

Where a valid infringement complaint, legal notice, or rights-holder request is received, BD Host may disable access to content, suspend associated services, or require the Customer to provide evidence of authorization before restoration.

16.3. Legal and Regulatory Disclosure

BD Host may preserve, review, disclose, or transfer customer information, transaction data, logs, content, or related account records when required by court order, lawful authority, regulatory obligation, fraud investigation, or legitimate network security necessity.

17. Service Suspension Triggers and Final Termination Procedures

17.1. Immediate Suspension Grounds

• Non-payment, payment recall, failed fraud verification, or billing dispute.
• Spam, phishing, malware hosting, hacking activity, or prohibited content.
• Customer conduct that threatens service stability, security, or reputation.
• Failure to respond to abuse notices, verification requests, or compliance inquiries.
• Legal requirement, regulatory action, or urgent risk mitigation need.

17.2. Termination and Data Deletion

Following expiration, cancellation, or termination, BD Host may permanently delete or destroy files, databases, mailboxes, backups, snapshots, configurations, and internal replicas associated with the service after the applicable operational window, if any. Recovery may become impossible once deletion procedures have begun.

17.3. No Refund for Termination for Cause

Where a service is terminated due to breach, abuse, fraud, malicious activity, false information, or policy violation, the Customer will not be entitled to refund, unused-term credit, or compensation except where non-waivable law requires otherwise.

18. Intellectual Property Rights, Licensing, and Content Ownership

18.1. BD Host Intellectual Property

All trademarks, logos, branding elements, billing interfaces, website content, internal platform tools, documentation, knowledge materials, service architecture, and related proprietary assets belong to BD Host or its licensors and may not be copied, reused, reproduced, or redistributed without permission.

18.2. Customer Content Ownership

The Customer retains ownership of lawful customer content uploaded to the services. However, the Customer grants BD Host a limited, non-exclusive, worldwide, royalty-free right to host, cache, process, copy, transmit, back up, inspect, and otherwise handle such content solely as required to deliver, secure, maintain, or improve the Services.

18.3. Rights Warranty

The Customer warrants that they possess all necessary rights, licenses, permissions, and legal authority to upload, host, process, and distribute their content through the Services.

19. Privacy, Data Handling, and Service Communications

19.1. Operational Data Processing

BD Host may collect and process account details, billing history, support communications, service usage information, technical logs, IP addresses, system events, and transaction data for account administration, security monitoring, fraud prevention, service delivery, abuse response, legal compliance, analytics, and product improvement.

19.2. Official Electronic Communications

The Customer consents to receive invoices, billing reminders, renewal notices, maintenance notices, abuse alerts, legal communications, and policy updates electronically through email, Client Area messages, ticket replies, or other official BD Host communication channels.

19.3. Privacy Policy Reference

Additional details regarding data handling, retention logic, legal disclosure, cookies, and related matters may be governed by the BD Host Privacy Policy, which should be read together with these Terms.

20. Indemnification, Warranty Disclaimer, and Limitation of Liability

20.1. Services Provided "As Is"

All services are provided on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis to the fullest extent permitted by law. BD Host makes no warranty that the Services will be uninterrupted, error-free, perfectly secure, fully compatible with every application, or suitable for every commercial purpose.

20.2. Exclusion of Certain Damages

To the maximum extent allowed by law, BD Host shall not be liable for indirect, incidental, consequential, punitive, exemplary, or special damages, including loss of revenue, business interruption, lost data, reputation loss, lost opportunity, or expected savings.

20.3. Liability Cap

If liability is established despite the above limitations, BD Host’s total aggregate liability for any claim related to the affected service shall not exceed the amount paid by the Customer for that service during the three (3) calendar months immediately preceding the event giving rise to the claim.

20.4. Customer Indemnification

The Customer agrees to indemnify, defend, and hold harmless BD Host, its owners, officers, directors, personnel, contractors, and affiliates from all claims, liabilities, losses, costs, and expenses arising from or related to the Customer’s content, business operations, misuse of the Services, infringement, unlawful conduct, abuse, or breach of these Terms.

21. Force Majeure

21.1. Events Beyond Reasonable Control

BD Host shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, riot, cyber warfare, large-scale DDoS attacks, civil unrest, labor actions, fire, power failures, submarine cable disruption, internet backbone failure, government restrictions, upstream provider outages, or public emergency events.

22. Formal Notices and Official Communication

22.1. Valid Notice Channels

Notices from BD Host may be delivered by invoice message, Client Area notification, support ticket response, registered email, website announcement, or any other officially designated communication channel.

22.2. Customer Notice Responsibility

The Customer is responsible for regularly checking official communication channels and maintaining a working email address. A notice is deemed delivered when sent to the last known valid contact method associated with the account.

23. Contract Administration, Amendments, and Governing Law

23.1. Amendment and Revision Rights

BD Host may amend, revise, expand, restructure, or replace any part of these Terms and related policies at any time. Non-material changes may be effective immediately upon publication. Material changes may take effect after reasonable notice. Continued use of the Services after the effective date of revised terms constitutes acceptance of those revised terms.

23.2. Waiver

A failure by BD Host to enforce any provision at any time shall not operate as a waiver of that provision or of the right to enforce it later.

23.3. Severability

If any part of these Terms is held invalid, unlawful, or unenforceable by a competent authority, the remaining provisions shall remain fully enforceable to the maximum extent permitted by law.

23.4. Assignment

The Customer may not assign or transfer their rights or obligations under these Terms without prior written approval from BD Host. BD Host may assign or transfer its rights and obligations as part of a merger, asset transfer, internal reorganization, service restructuring, or business continuity arrangement.

23.5. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of Bangladesh. The competent courts located in Dhaka, Bangladesh shall have exclusive jurisdiction over disputes arising from or related to these Terms or the Services, except to the extent mandatory law requires otherwise.