Terms of Service and Acceptable Usage Policy

Last updated: 10-10-2023

General Conditions

1.1. What these terms cover. These are the terms and conditions on which BoxFly supply services to you. All terms are effective from the date of your electronic submission of order.

1.2. Amendment of Terms. BoxFly may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.

Information About Us, And How To Contact BoxFly

2.1 We are BoxFly, a company registered in USA. You can contact us via the contact methods mentioned at https://www.BoxFly.com/clients/supporttickets.php or by logging into your client area at https://BoxFly.com/clients/clientarea.php, where you can raise a support ticket.

2.2 Mailing Address:
BoxFly LLC
3604 Wake Forest Road #1234
Raleigh, NC 27609

2.3 If we have to contact you, we will do so by writing to you at the email address that is listed in your profile.

Our Contract With You

3.1 Placing an order on our website does not guarantee acceptance of your order. Our acceptance of your order will take place after your order is placed at the point you receive confirmation that your order has been accepted and created. At this point a contract will come into existence between you and us. Payment must be received before any services will be provided.

3.2 If we are unable to accept or fulfil your order, we will inform you of this and refund any money you have paid to us. Examples of when we will not be able to fulfil your order include when your information does not pass our manual fraud inspections.

3.3 In order to access our services you will be asked to create an Account. You may be allocated a username and password when your order is placed. We reserve the right to change any username or password allocated to you. Any changes will be notified to you in writing. You warrant to BoxFly that all information submitted in order to set up and utilize your Account is true, accurate and complete.

You are solely responsible for activities on your account, whether authorized by you or not. This also includes the accounts you resell as you are ultimately responsible for your account as well as subaccounts. You must keep your login details secure. You must notify us immediately of any unauthorized use of your account or security breach you may feel may have occurred.

Web Hosting

5.1 Free Domain Offer.

Some of our hosting packages may include a free domain registration or transfer. This applies to a limited number of domain extensions and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. All other extensions are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period is one year. Future renewals of these domains will incur our regular renewal rate.

5.2 Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our hosting servers. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

5.3 Any ‘Unmetered’ allowances are subject to fair use and any customer using an amount of monthly bandwidth, email accounts, add-on domains, databases or system resources deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be forced to improve website efficiency.

5.4 If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.

5.5 We offer a free migration service to help move your account(s) from your previous provider to BoxFly. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular time frame for the migration. In some cases, we may be able to migrate emails, DNS records and domain names also, but we do not warrant that we can move them successfully, or without interruption.

5.6 We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. You will be informed in writing of any changes that we make to the hosting environment.

This may be:

5.7.1 to reflect changes in relevant laws and regulatory requirements;

5.7.2 to implement minor technical adjustments and improvements, for example to address a security threat;

5.7.3 to change between location and provider.

We offer a choice of server locations and providers. It may be that your desired location is not available, or your existing location is changed or shutdown. We may at our discretion move to you an equivalent location or provider.

5.8 You must agree to the terms of our upstream providers with emphasis on their terms of export law (e.g. software used should be licensed). We have attempted to incorporate all of their relevant terms into this agreement.

5.9 CDN and Bandwidth Usage.

Our CDN service is provided on a fair-usage basis, we at any time reserve the right to cease providing this product on any plan, or charge an additional charge based on usage.

5.10 DDoS Attacks.
Since DDoS attack methods change and new methods of attacks occur without notice, we make no guarantees to be able to defend each and every attack on website from a denial of service attack we receive. If you think you may be a DDoS target we recommend purchasing a paid DDoS mitigation service (not a free plan) from a 3rd party such as Cloudflare.

5.11 We attempt to provide a 100% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page and, should the maintenance last for longer than 60 minutes, via e-mail. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 60 minutes of being notified. In the rare event that your problem cannot be resolved within 60 minutes you will be notified. When notifying you we will provide you with the details of the problem along with an estimation of when the issue will be resolved. Notification may be via one of your contact methods or via our server status page: https://boxfly.com/clients/serverstatus.php

5.12 We take full account backups of your websites and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements, please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, Examples being: error logs, cPanel backups, cache files. Backups are a best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website and/or accounts.

5.13 We are not responsible for disruption to the services outside our control. We attempt to choose providers that offer an extremely high level of performance and uptime but if our supply of the services is disrupted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the disruption. This may be via our status page at: https://boxfly.com/clients/serverstatus.php. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. Example: if OVHcloud have an issue we will not be responsible for their problems or include this within our 100% uptime calculation.

Providing These Services

6.1 The costs of the services will be as displayed to you on our website.

6.2 We will supply the services to you until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 9.

6.3 We will need certain information from you so that we can supply the services to you as stated in the sign-up section for the services one our website. We may contact you to ask for further information, such as government issued identification or to check the information you have provided to us. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for any delay in supplying the services or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.4 Reasons we may suspend or disable the supply of services to you.

We may have to suspend the supply of a service to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the product to reflect changes in relevant laws and regulatory requirements;
6.4.3 make changes to the product as requested by you or notified by us to you (see Clause 6);
6.4.4 when required by law;
6.4.5 where we believe that you are in breach of any material term of this Agreement
6.4.6 to resolve any third-party claims or actions;
6.4.7 to avoid financial loss or legal liability.
6.5 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7-day period we will adjust the price so that you do not pay for products while they are suspended, save where the suspension is as a result of your breach of this Agreement or in accordance with clause 6.5 b (b) to (g) above. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract save where the suspension is as a result of your breach of this Agreement.

6.6 We may also suspend supply of the service if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 10.6), we may suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made in accordance with these terms, we will use reasonable attemps to ensure that the service is restored to you within 24 hours.

6.7 Service suspension. If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. This is due to the nature of us using global cloud providers: we will not be responsible for the cost of keeping your service running if you fail to pay your invoices.

Your Obligations Under This Contract

7.1 Customers are responsible for all scripts, data and other objects on their accounts as well as their customers’ accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will, where necessary, fully cooperate with the authorities.

7.2 You agree to refrain from uploading to your hosting service, sending or receiving any materials which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force in USA, in the server location where you have chosen to host your site, or in the jurisdiction of the network provider who provides the underlying network infrastructure (see Appendix A). It is the user’s sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.

In particular you:

7.2.1 must not gain or attempt to gain unauthorized access to any computer systems for any purpose. Such action may lead to criminal prosecution under the Computer Misuse Act;

7.2.2 must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not Ltd to denial of service (DDoS), worms and viruses, trojans and ping storms);

7.2.3 must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as ‘spam’,’UBE’,’UCE’ );

7.2.4 are prohibited from running ‘port scanning’ or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. We may ask for evidence of such permission;

7.2.5 must take all reasonable steps to ensure that your password and login credentials remain confidential;

7.3 You agree to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should take independent legal advice.

7.4 Open proxy servers are not permitted under any circumstances and will result in immediate termination of service.

7.5 Sites must not contain ‘hateful’ material or content which seeks to incite hate.

7.6 Sites must not contain images, videos, depictions or descriptions of pornography which is unlawful. This includes but is not limited to, child pornography.

7.7 Sites must not contain ‘warez’, copyrighted music/videos or links to such content. It is your sole responsibility of the user to ensure that they have the rights to distribute any content displayed on their website.

7.8 Sites must conform to recognized international copyright law.

7.9 Registration of domain names. You are responsible for ensuring that the registration of a domain name and the manner in which it is to be used, either directly or indirectly; will not infringe any third-party rights, including third party intellectual property rights; is not being made in bad faith or could otherwise be considered to be an abusive registration under the dispute resolution procedures or policies of any relevant registry or of ICANN; and will at no time be used for an unlawful purpose whatsoever. You accept and consent to us making your registration details in relation to your Domain available to third parties including ICANN and the applicable registry for the Domain as applicable including to law enforcement and governmental bodies as required by law.

7.10 You agree that on transferring ownership of a registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) you will confirm and prove that the Transferee agrees in writing to be bound by the terms of this Agreement at our request.

7.11 We will not transfer ownership of a Domain until all Fees attributable to the services associated with the account, which are due have been paid by you to us.

7.12 In the event that we receive a complaint in regards to trademark / brand infringement, we have the right to place a Domain on hold. We shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to us by you.

7.13 In the event of receiving documentation which matches the WHOIS details, we reserve the right to lock the domain and place a registrar hold on it. We shall not move the Domain from this status until we are satisfied that the dispute has been resolved between the parties concerned, with documentation provided to us proving the same.

7.14 We undertake to take any action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate USA authorities

7.15 We honor any valid DMCA takedown request and will fully cooperate with the appropriate USA authorities.

Acceptable Usage Policy

9.1 Web usage includes the use of web space provided with client accounts, web hosting on our servers and the use of web services and space on dedicated servers. We do not monitor content on any web space maintained by customers. We bear no responsibility for the content of your website.

9.2 It is your sole responsibility to ensure that the content and materials on any website owned or operated by you or your clients contains material that you have created or have permission to use.

9.3 It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify BoxFly against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.

9.4 You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the USA or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the USA may be illegal elsewhere and leave you liable to prosecution in another country.

9.5 Adult content as defined by USA law is NOT allowed on our servers. Any account caught hosting adult content will be terminated immediately with no refund.

9.6 We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.

Your Rights When It Comes To Ending Our Contract

10.1 Ending your contract with us.

You may terminate your contract with us by cancelling the service in advance of the renewal date (by 11:59pm eastern time on the day before renewal is due) through the client area at https://BoxFly.com/clients/clientarea.php. You may also raise a support ticket with us up to 24 hours before renewal.

10.2 Refunds and/or Money-Back Guarantee.

BoxFly offers 100% refunds on web hosting services ONLY for any reason within the first 30 days of when you placed your order. Refunds are ONLY offered for first time customers. Example: If you order service for the first time with us on January 1st, 2023 and decide to cancel service on January 30th, 2023, we will provide you a full refund. However, if you place a second order with us, you will NOT receive a refund if you decide to cancel service again within 30 days. Refunds are not offered on domains or add-on products as these types of products/services are non-refundable.

10.3 If the services you have paid for are faulty or misdescribed you may have a legal right to end the contract or to get the service re-performed. You must inform us in writing of the reasons why you say that the services are either faulty or misdescribed.

10.4 If you have just changed your mind about the service and wish to cancel, you must notify us within 7 days of renewal of your BoxFly account that you wish to cancel. Any outstanding account resource usage not yet billed is due upon cancellation.

10.5 Inappropriate or illegal activity. If your account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, or any other illegal files, your account will be suspended immediately. Failure to remove the offending content will result in your account being terminated and no refunds will apply.

10.6 To end the contract with us, please log into https://BoxFly.com/clients/clientarea.php, view the product, and then raise a cancellation request. Please fill out the reason for the cancellation. Any unpaid usage will be billed to you prior to the cancellation of your services.

Our Rights When It Comes To Ending Our Contract

11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

11.1.1 you do not make any payment to us when it is due.

11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 30 days in advance of our stopping the supply of the services.

Pricing And Payment

13.1 Where to find the price for the service.

The price of the service will be the base price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct.

13.2 Metric billing. Account usage for additional control panel accounts and/or disk space above the base plan allowance will incur additional charges, which are billed on a monthly basis on the 1st of each month. Since additional usage is billed after the usage occurs, any outstanding usage must be paid in full prior to cancellation.

13.3 Changes in the price. We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes via email to the email address provided by you to us when registering your account. In most cases, changing the price on the website for new customers will not affect the price for existing customers.

13.4 What happens if we got the price wrong? It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

13.5 When you must pay and how you must pay. We accept payment by most major credit and debit cards, PayPal and credit card. All invoices are billed and due on the 1st of the month. You warrant that you are lawfully authorized to make a payment using the payment card or facility used. In the event that you are not the named cardholder, you will indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

13.6 Refunds policy. BoxFly offers 100% refunds on web hosting services ONLY for any reason within the first 30 days of when you placed your order. Refunds are ONLY offered for first time customers. Example: If you order service for the first time with us on January 1st, 2023 and decide to cancel service on January 30th, 2023, we will provide you a full refund. However, if you place a second order with us, you will NOT receive a refund if you decide to cancel service again within 30 days. Refunds are not offered on domains or add-on products as these types of products/services are non-refundable.


14.1 If a charge back is incorrectly made against your account, we reserve the right to suspend and/or terminate your account until reimbursed.

14.2 Payment due. You agree to pay all amounts due for services at the time you order them as well as any invoices for additional services or resources used. All amounts are non-refundable.

14.3 Invoices will be sent in advance of payment due date. Invoices will be sent to the email address provided by you to us when registering your account. You can see your email history and view all invoices https://BoxFly.com/clients/clientarea.php

14.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14.6 Payment methods. We currently accept PayPal and credit card.

Our Responsibility And Liability For Loss/Damage Suffered By You

15.1 We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be limited to the immediate termination of service.

15.2 We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3 Limit of liability. Save where you are acting as a Consumer within the meaning of the Consumer Rights Act 2015 our aggregate liability shall be limited to twice the fees paid by you for the services in relation to which your claim arises during the 12-month period prior to the claim.