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This is a legal document. All IntelHost customers are bound by it! (Please read it!)
You must read and agree to all terms in this document before using our services. By using or continuing to use
IntelHost services, you are automatically agreeing to the terms of this document!
What is this?
The agreement below is a legal agreement between IntelHost and all of our customers. If you use any service
provided by or affiliated with IntelHost, you are legally bound by this agreement. Read it carefully before
signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with
This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as beneficiary and INTELHOST LLC
(hereinafter referred to as “us”, “our”, “IntelHost” or “provider”) as a provider of hosting services (shared
hosting, virtual servers or dedicated servers). Using our services is the subject of this contract.
This Agreement, whose provisions and clauses agreed in the contractual freedom under the law has been established
by our mutual agreement and in compliance with the law.
This contact serves as the legal basis for all services provided by IntelHost.
Any questions regarding this agreement should be sent to IntelHost’s sales department prior to signing up for
THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”)
WHEREAS, IntelHost owns, distributes and provides various products and services for conducting business on the
Internet including shared, reseller and dedicated web hosting, cPanel licensing, and the IntelHost family of
services (hereinafter collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business
and/or presence on the Internet.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:
1. IntelHost SERVICES
IntelHost agrees to provide to Client the Services agreed upon between IntelHost and Client as selected by
Client in IntelHost’s customer database that is specified at www.intelhost.com.
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services, Client shall pay IntelHost in advance the amount
forth in IntelHost’s customer database as such records are amended from time to time for the Services during
the term of this Agreement.
2.2 Client is responsible for all activities and charges resulting from Client’s use of the Services.
agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by
Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain
liable for any unauthorized use of the Services until Client notifies IntelHost by sending an e-mail with
account information to Service
2.3 Current rates for using the Services may be obtained on our web site at www.intelhost.com. IntelHost
reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, IntelHost may
institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to
Client upon sign up. If IntelHost does not receive the full amount of Client’s Service account balance,
IntelHost may suspend and/or terminate Client’s account immediately without further notice to Client.
2.4 All hosting services renew automatically. The client may opt out of automatic renewals by contacting
Billing department at Service
3. RESPONSIBILITIES AND RIGHTS OF INTELHOST
3.1 Means of Performance. IntelHost shall provide Client with the IntelHost hosting services, as
described at www.intelhost.com hereto. IntelHost has the right to control and direct the means, manner, and
method by which the host services are performed. Currently, the server locations for Web Hosting, WordPress
Hosting, and Reseller Hosting are San Francisco, New York, London, Singapore, and Bucharest. The server
locations for VPS Hosting are: San Francisco, New York, Toronto, London, Amsterdam, Bucharest, Bangalore, and
Singapore . IntelHost retains the right to alter the default location for accounts at its discretion as needed.
3.2 Support. IntelHost shall provide a reasonable level of technical support to Client via email or
LiveChat for the term of this Agreement.
3.3 Uptime Guarantee. “Uptime” refers to the amount of time the Services are available, as measured solely
and only by Intelhost’s internal monitoring systems. We will not accept third-party uptime monitoring systems
as evidence that you are entitled to a compensation. “Downtime” refers to the amount of time the Services are
unavailable, as measured solely and only by IntelHost’s internal monitoring systems. IntelHost guarantees
networking and services connectivity uptime of 99.99% on an annual base. If we fall below the guaranteed uptime,
we will compensate you as follows:
99.99% – 99.00% uptime: 1 month free hosting
An additional month of free hosting for every 1% of uptime lost below 99.00%
In the event such level of service is not provided, IntelHost will offer a compensation as determined in the
chart above, and only for your IntelHost hosting Services, but not for any of the following products and
additional services: domain name registration, software licenses (WHMCS, LiteSpeed, cPanel, CloudLinux,
Imunify36), set up fees, Automated remote backups, SSL Certificates, labor charges, and other services which are
unrelated to hosting service Uptime.
Compensation is limited to the length of your current billing cycle, but cannot exceed twelve months for the
affected hosting services.
To receive compensation, You must make a request by creating a ticket with our Billing department, within your
lab. Each request in connection with this Agreement must include the dates and times of the Downtime, the name
and IP address of the server or servers which experienced the Downtime. The request must be received by
IntelHost within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by
IntelHost, compensation will be applied to Your IntelHost account within thirty (30) days of receipt of the
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime
Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by IntelHost to
provide credit to You:
system or hardware upgrades
domain name system (DNS) problems outside of Intelhost’s control
issues with FTP, POP, IMAP, or SMTP customer access
Acts or omissions by You or any of Your employees or agents, resulting in downtime
Any negligence, willful misconduct, or use of the services in breach of Intelhost’s Acceptable Use Policy
Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are
unavailable even though others can still access the IntelHost servers
Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events
Downtime caused when you reach out the maximum resources allocation for your plan.
3.4 Other Work. IntelHost has the right to perform and license products to others during the term of this
Agreement. IntelHost may elect to electronically monitor the host services and may disclose any content or
records to satisfy any law, regulation, or other governmental request or to properly operate host services and
protect its Clients. IntelHost reserves the right to block any site hosted by IntelHost that contains any
content that IntelHost deems in its sole discretion to be unacceptable or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii)
possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s
obligations and use of the Services by Client, its customers and users, will not violate any applicable laws,
regulations or the rules and regulations or cause a breach of any agreement with any third parties or
unreasonably interfere with other IntelHost Clients’ use of Services. Client assumes all risks related to the
processing of transactions related to electronic commerce. Client agrees to provide IntelHost with the
accurate, complete and updated information required by the registration of the IntelHost host service (Client
Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data
(e.g., credit card number and expiration date). Client agrees to notify IntelHost within thirty (30) days of
any changes in Client’s Registration Data.
4.2 Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to
any other remedies available at law or in equity, IntelHost will have the right, in its sole discretion, to
suspend or terminate immediately any Services.
4.3 Fees and Expenses. Client shall be responsible for payment of all costs, fees, and expenses assessed
by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees
required to register and maintain domain names, which is governed by a separate agreement between Client and a
third-party domain name registrar.
4.4 Third-Party Software. Third-party software available through the Services may be governed by separate
end user licenses. By using the Services and the third-party software, the Client agrees to be bound by the
terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes
IntelHost to delegate the authorizations Client provides to IntelHost to its third party service provider(s)
as IntelHost deems necessary or desirable to provide the applicable Services. Client agrees that the terms and
conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability
disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and
such third party service providers are deemed to be third party beneficiaries of the Agreement, including any
other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. The
client also agrees that all reference to “IntelHost” within this Agreement and any incorporated terms are also
deemed to include, where applicable, IntelHost’s agents, such as the third party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting. The client may not use the Services to send
unsolicited advertising, promotional materials, or other forms of solicitation to the IntelHost clients or
other Internet users unless the Client receives the express permission of such individuals. The client may not
use the means of unsolicited advertising to advertise a site hosted on the IntelHost network. The client may
not use the Services to collect or “harvest” user-names of IntelHost clients or other Internet users without
the expressed prior permission of the member. IntelHost reserves the right to block or filter mass email
solicitations sent from sites hosted on the IntelHost network.
4.6 Management of Site. Client shall be solely responsible for all content available on or through its
site, and shall at all times be subject to the terms of this Agreement, IntelHost’s then-standard Terms of
Service (“TOS”) and any generally applicable guidelines and service standards published by IntelHost. Client
warrants that its site hosted on the IntelHost network (i) will conform to the IntelHost TOS attached hereto
as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any
copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any
applicable law, rule or regulation. IntelHost shall have no obligations with respect to the content available
on or through any site hosted on the IntelHost network, including, but not limited to, any duty to review or
monitor any such content. IntelHost reserves the right to block any site that violates any of the above-stated
terms, or which in IntelHost’s sole discretion, IntelHost deems objectionable or offensive, or otherwise
violates a law or IntelHost policy, or, in the alternative, to terminate this Agreement in accordance with
Section 7.3 herein.
4.7 Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in
accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the
TOS, as updated by IntelHost from time to time. The TOS are incorporated herein and made a part hereof by this
reference. IntelHost may change the TOS, with notice, which notice may be provided by posting such new TOS at
the IntelHost Site. Client may request a current copy of the TOS by sending or faxing a request to IntelHost.
Client agrees that it has received, read and understands the current version of the TOS.
4.8 Proprietary Rights. Unless otherwise specified, all work performed hereunder by IntelHost, is the
property of IntelHost, and all title and interest therein shall vest in IntelHost. To the extent that title to
any such works may not, by operation of law, vest in IntelHost all rights, title, and interest therein are
hereby irrevocably assigned to IntelHost. All such materials shall belong exclusively to IntelHost, and
IntelHost shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or
such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof.
Client agrees to give IntelHost and any person designated by IntelHost such reasonable assistance, at
IntelHost’s expense, as is required to perfect the rights defined in this paragraph.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY, AND DISCLAIMER
5.1 Limitation. In the event that any limited guarantees are provided by IntelHost, such limited guarantees are
null and void if Client fails to follow IntelHost’s TOS and other policies or otherwise breaches this Agreement
in any respect.
5.2 Backups. IntelHost performs nightly backups of Web Hosting, Reseller Hosting, and WordPress Hosting servers;
however, these backups are for IntelHost’s administrative purposes only, and are in NO WAY GUARANTEED!
Customers are responsible for maintaining their own backups on their own personal computers. IntelHost does not
provide any sort of compensation for lost or incomplete data in the event that backups do not function properly
(even if the malfunction was due to negligence on IntelHost’s part). We will do our best to ensure complete and
accurate backups, but assume no responsibility for this duty. Always back your site up to your personal
computer! We make no guarantees about the availability of backups.
5.3 No Other Warranty. IntelHost does not monitor or exercise control over the content of the information
transmitted through its facilities. Use of the Services or any information that may be obtained therefrom is at
Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own
risk. Except as provided in the order form(s), IntelHost does not make, and hereby disclaims, any and all other
express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a
particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or
trade practice. IntelHost does not represent or warrant that the Services will be uninterrupted, error-free, or
5.4 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. IntelHost does not and cannot
control the flow of information to or from IntelHost’s network and other portions of the Internet. Such flow
depends in large part on the performance of the Internet services provided or controlled by third parties. At
times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or
portions thereof). IntelHost cannot guarantee that such events will not occur. Accordingly, IntelHost
disclaims any and all liability resulting from or related to such events.
Client agrees to indemnify, defend and hold IntelHost and its affiliates, agents, employees, and licensors
(including the third party service providers) harmless from any and all claim, demand, loss, costs or expense,
including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or
Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement
of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will IntelHost or its affiliates, agents,
employees, or licensors (including third party service providers) be liable for any damages of any kind that
result from the use of, or the inability to use, Services, even if any such party has been advised of the
possibility of such damages.
In no event will IntelHost or its third party service providers be liable to Client or any third Party for any
tort, contract or any other liability arising in connection with the use of the Services, or reliance on any
information or services provided by IntelHost. IntelHost and its third party service providers will under no
circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of
profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential,
incidental or punitive damages whatsoever, even if IntelHost or its third party service providers has been
advised of the possibility of such damages, resulting from (i) the use of the inability to use the Services;
(ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications or personalization
settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information
or services purchased or obtained or messages received or transactions entered into, through or from the
Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized
use, performance or non-performance of any third party, even if the third party has been advised previously of
the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client
will not in any way hold IntelHost responsible for any selection or retention of, or the acts or omissions of,
third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states
the limitation of liability only with respect to consequential or incidental damages may not apply to Client,
and the respective liability of IntelHost and its third party service providers, employees, distributors, and
agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability
or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason,
or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no
circumstances will the total, aggregate liability of IntelHost and its third party service providers,
employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any
cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or
7.1 Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term
or no reason upon either party giving to the other no less than five (5) days’ prior email notice of
termination. No matter which party terminates the Agreement pursuant to this Section 7.1, any and all payment
obligations of Client under this Agreement for Service(s) provided through the date of termination will
immediately become due, and Client shall be required to prepay for any portion of the Services that have not
been paid for and are to be rendered during such five (5) day period.
7.2 For Cause. In addition to any other rights it may have under this Agreement or applicable law,
immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default
in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of IntelHost. The
client may terminate this Agreement if IntelHost breaches any material term or written notice of same. If this
Agreement is terminated by IntelHost under this Section 7.2, all balance of the then current term shall
immediately become due and payable. In addition to the foregoing, IntelHost reserves the right to prohibit any
conduct or to remove any materials or content in violation of the TOS or which IntelHost believes in its sole
discretion to be illegal or potentially harmful to others or may expose IntelHost to harm or liability.
7.3 No Liability for Termination. Neither party will be liable to the other for any termination or
any Services of this Agreement in accordance with its terms.
7.4 Survival. The following provisions will survive any expiration or termination of the Agreement:
Section 4, 5,
6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish
Internet protocol (“IP”) numbers, address or address blocks assigned to Client by IntelHost or its network
services supplier (but not the URL or top level domain connected therewith). IntelHost reserves, in its sole
discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.
At IntelHost, we always treat our customers with the utmost respect. In return, we expect the same from you. If
our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be
suspended and you may be asked to take your business elsewhere. In the event that we terminate service for
support abuse, customers will be given ten (10) days notice to find a new host.
8.1 Assignment. The client may not assign this Agreement or any of Client’s rights or obligations hereunder
without the prior written consent of IntelHost, and any such attempted assignment shall be void. This Agreement
shall be binding upon the parties’ respective successors and permitted assigns.
8.2 Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered
to the party receiving such communication at the address specified below (1) on the delivery date if delivered
personally to the party, or a representative of the party; (2) one business day after deposit with a commercial
overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether
or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by
8.3 Governing Law. This Agreement and all future agreements Client may enter into with IntelHost, unless
otherwise indicated on such other agreement, will be governed by the laws of the State of Delaware, without
regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact
business with IntelHost in the United States or elsewhere. Unless a dispute would be governed by an applicable
arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located
within the County of Delaware, United States. If any part of the Agreement is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the validity and enforceability of any remaining
8.4 Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit
hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly
signed by both parties.
8.5 Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a
waiver of any right hereunder.
8.6 Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or
otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
8.7 Force Majeure. IntelHost and its affiliates, agents, employees, or licensors (including third party service
providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is
caused by the occurrence of any contingency beyond the reasonable control of such party, including without
limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot,
insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after
cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party
may terminate this Agreement without penalty and without further notice.
8.8 Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an
agent, representative, or partner of the other party. Neither party shall have any right, power or authority to
enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the
other party. This Agreement shall not be interpreted or construed to create an association, agency, joint
venture or partnership between the parties or to impose any liability attributable to such a relationship upon
8.9 Terms of Services. Client agrees to be bound by IntelHost’s TOS for all Services and products used by
Client. The current TOS can be found on IntelHost’s website at https://intelhost.com. Should Client disagree
with any updates to IntelHost’s TOS, it is Client’s responsibility to notify IntelHost of Client’s desire to
terminate their Services immediately.
8.10 Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS
AGREEMENT AND IntelHost’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS
ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS.
CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE
WITH SECTION 7 HEREIN.
8.11 Entire Agreement. This Agreement and the exhibits referenced herein set forth the entire agreement and
supersedes any and all prior agreements of the parties with respect to the transactions set forth herein.
Neither party shall be bound by, and each party specifically objects to, any term, conditions or other
provisions which are different from or in which is proffered by the other party in any correspondence or another
document, unless the party to be bound thereby specifically agrees to such provision in writing.
8.12 No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or
an arbitrator, no provision herein shall be construed more harshly against either party as drafter.
Exhibit A: IntelHost Terms of Service (TOS)
IntelHost’s current Terms of Service are available at the following Link: