Terms of Service

Please read and review the below…

The use of services from Backhouse Media, LLC constitutes agreement to these terms. Please read them in their entirety and ask any questions you might have.


Effective: January 2014
Updated: January 2023

Late Fees

All invoices begin to accrue late fees on the day immediately following the invoice due date. The late fee schedule is dependent on the type of project. Our current fee schedule is outlined below:

Hosting Clients: $10 is added to the overdue invoice for each 5-day increment past the due date. After 30 days of non-payment, the account will be deemed abandoned and service shutdown. There is then a $250 service fee assessed to re-instate the account. If after 60 days the account is not brought into good standing, the account is deleted from the server. This action is irreversible and all data (including website and email) will be lost.

Digital Marketing Clients: a late fee of 15% of the total invoice cost is applied to the invoice for the first 30-day late period. A late fee of 25% of the total invoice cost is applied to the invoice for the period between 30-60 days late and then each 30-day period thereafter. After 60 days late, if the account is not brought into good standing, services are terminated and legal remedies will be pursued.

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 that 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 Backhouse Media, 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. Backhouse Media is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 email. Providing false contact information of any kind may result in the termination of your account immediately with or without notice.


The credit card holder or owner of the PayPal e-mail address that is utilized for payment on the account is designated as the authorized owner of the account.

Dedicated IP Address Allocation

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Backhouse Media is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third-party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers.


All services provided by Backhouse Media may only be used for lawful purposes. The laws of the State of California and the United States of America apply. The customer agrees to indemnify and hold harmless Backhouse Media 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 another’s 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 [email protected] with the information required.

Using an account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not make backups of your backups. A hosting account may be terminated with or without notice if it is found to not have a domain name with nameservers pointed at the hosting account after thirty (30) calendar days.

Examples of unacceptable material on all servers include but is not limited to:

  • Topsites
  • IRC Scripts/Bots
  • 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
  • Lottery/Gambling 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)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • 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
  • Lottery/Gambling 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
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Backhouse Media services, including all related equipment, networks and network devices are provided only for authorized customer use. Backhouse Media 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 Backhouse Media 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. Backhouse Media 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 the Backhouse Media Customer Support Portal and/or email and will have a response within 48 hours.

Sites hosted on Backhouse Media’s servers are regulated only by United States law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Backhouse Media is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a United States Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Backhouse Media and many of Backhouse Media’s other web hosting services and brands are republishes and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user that creates or publishes the content. Therefore, Backhouse Media should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Backhouse Media’s web hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at [email protected] 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 and reported to the proper authorities.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; 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.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of 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, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

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

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

Payment Information & Procedures

Billing and Invoice Schedule

Backhouse Media bills month in advance for most services, including hosting and digital marketing. You agree to supply appropriate payment for the services received from Backhouse Media in advance of the time period during which such services are provided. You agree that until and unless you notify Backhouse Media of your desire to cancel any or all services received, those services will be billed on a recurring basis. Services must be cancelled at least 30-days in advance of the next invoice date. Backhouse Media does not pro-rate invoices and will not refund for partial time used.


Cancellations must be done in writing and sent to [email protected]. 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. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us within 24-hours of submitting your cancellation, please contact us immediately via phone at (888) 705-0890. We require that cancellations of service be done through the form PDF form below 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. >> Download the Hosting Cancellation Request Form <<

When your account is CANCELLED or TERMINATED, you acknowledge that all website data, including email, will be permanently deleted for good. There is no recovery or backup option once your cancellation or terminagtion is processed. This is an irreversible process.

Payment Terms, Timeliness & Abandonment

As a client of Backhouse Media, 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 Backhouse Media 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 Backhouse Media. Backhouse Media reserves the right to bill your credit card or billing information on file with us. Unless other terms have been established, invoices are issued with Net 15 terms by default. Backhouse Media provides a 5-day grace period from the date the invoice is due. Any invoice that is outstanding for more than 5-days past the invoice due date 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 Backhouse Media for services rendered.

If your account is overdue and Backhouse Media is unable to get ahold of the account owner within 15-days of the past invoice(s) due date, the account will be considered abandon. Accounts that are abandoned may be moved into suspension status until the account owner makes contact with Backhouse Media.

Suspensions & Terminations

Backhouse Media reserves the right to suspend your account for failing to pay on-time. Backhouse Media considers all of your services to be part of the “account.” Failing to pay one service on your account will result in the entire account being suspended. When an account is suspended you will lose access to services until the account is brought back into good standing. If you’re a hosting client, this means your website will no longer be public, your hosted email will stop working and you’ll lose access to Webmail and cPanel. If you’re a digital marketing client, Backhouse Media will suspend those services.

Accounts that are suspended for more than 30-days will be scheduled for termination. It should be assumed that after 30-days of suspension, the account will no longer be recoverable as termination will automatically occur at the next available opportunity. When an account is termianted, all data, including website and email, is deleted forever. This process is irreversible.

Domain Renewals

It is the customer’s responsibility to notify our team via email at [email protected] 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 Backhouse Media cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at [email protected] for any domain registration cancellation. No refunds can be given once a domain is renewed. All domain registrations and renewals are final.

Hosting Fee Increases

Backhouse Media reserves the right to change the monthly payment amount and any other charges at any time. Any change to the pricing structure resulting in more than a twenty (20) percent increase will receive a one-month advance announcement and clients will be afforded the opportunity to opt-out and cancel their account before the new pricing becomes effective.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, on a date that is not disclosed to the public, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Backhouse Media 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 Backhouse Media servers. Every cPanel Account comes with backup applications that are available to the user. If you experience a problem at any time with using these backup services, it is your responsibility to notify Backhouse Media immediately so that services can be restored/fixed.

IMPORTANT: By using Backhouse Media’s Hosting Service, you release Backhouse Media of any damages that may occur as a result of data loss (including email and website data) regardless of cause. It is the Client’s responsibility to maintain the appropriate backups needed.

Cancellations and Refunds

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

>> Download the Hosting Cancellation Request Form <<

When a client cancels their account, they acknowledge the following:

  • For security purposes, BHM will not deactivate hosting for a domain without a completed cancellation form. Cancellation requests without a completed form via email, phone, fax, snail mail or any other means will not be processed. This is to protect the owner of the website from unauthorized, malicious or accidental cancellation.
  • Hosting for your domain will be deactivated immediately from the time that this form is submitted. It may even be deactivated on the same day that you submit this form.
  • Make sure you have downloaded/transferred all of your files/email and are ready for hosting of the domain(s) to be deactivated before filling out this form. All files, including email will be deleted from the server when the site is deactivated. Any DNS entries for your domain will be removed from our name servers.
  • If you do not wish to be billed for the next month’s hosting services, be sure to submit this form before your next billing cycle or else you will be billed in full for the next month’s hosting. Partial month hosting charges are not refunded when canceling hosting for a domain.
  • If your domain has expired and you have chosen not to renew it, you will continue to be billed for hosting each month until you actually cancel hosting by completing this form. This is a safeguard for our customers since we have no way of knowing if a customer is going to decide to renew their domain or if they wish to retrieve their files that are on the server.
  • If you sign-up for web hosting, but never uploaded your files or update your domain record to reference our name servers, you are still responsible for any web hosting charges. You will continue to be billed for hosting each billing cycle until you actually cancel hosting by completing this form.
  • If you or your webmaster has transferred your site to a different host, you will continue to be billed for hosting each month until you actually cancel hosting by completing this form. This is a safeguard for our customers since we have no way of knowing that you have decided to leave or when your move is actually complete.

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.

Note: Violations of the Terms of Service will forfeit the refund policy protections. 

Resource Usage

User may not: 
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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. 
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc 
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.


The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however, databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off-site weekly backup with the exception of Databases continuing to be backed up. Specific folders may be excluded from the backup to bring down the data usage quota and maintain a backup of essential website files. All data will continue to be mirrored to a secondary drive that helps protect against data loss in the event of a drive failure.

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.

Shared Servers

Shared accounts may not resell web hosting to other people if you wish to resell hosting you must contact us for a reseller account.

Dedicated Servers

Backhouse Media 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 datacenter. 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. Backhouse Media reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. 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 simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.


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. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.


Customer agrees that it shall defend, indemnify, save and hold Backhouse Media harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against Backhouse Media, 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 Backhouse Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Backhouse Media; (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 Backhouse Media’s server.


By using any Backhouse Media services, you agree to submit to binding arbitration. If any disputes or claims arise against Backhouse Media or its subsidiaries, an arbitrator of Backhouse Media’s choice will handle such disputes. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. 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. All legal proceedings will take place in Los Angeles County, California.


Backhouse Media shall not be responsible for any damages your business may suffer. Backhouse Media makes no warranties of any kind, expressed or implied for services we provide. Backhouse Media 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 Backhouse Media and its employees.

Disclosure to law enforcement

Backhouse Media may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Backhouse Media is committed to cooperating fully with all law enforcement agencies as long as proper legal documentation can be provided.

Changes to the TOS

Backhouse Media reserves the right to revise its policies at any time without notice. It is your responsibility to check these Terms of Service frequently and understand them completely. A link to the Terms of Service is always provided with your monthly billing email.