All services provided by Black Onyx Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Subscriber agrees that Black Onyx Hosting shall not be held liable for any claims or damages which may be suffered. The subscriber agrees to indemnify and hold harmless Black Onyx Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:

Pornography and sex-related merchandising are prohibited on any of Black Onyx Hosting servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Black Onyx Hosting servers or any other server on the internet. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk email services (spam) or software is forbidden.

Traffic Guidelines:

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.

CGI Scripts:

The Gold and Silver Plans come with their own cgi-bin. With these plans, you are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

Banned Scripts List

Pirated software, warez or illegal MP3
Hackers programs or archives
Proxys/Port "Bouncers" etc (BNC, shelld)
IRC and IRC bots (BitchX, eggdrop, etc.)
Third party chat scripts (para is OK)
Sites with banners, graphics, or CGI's running from their domain used on other domains
Minivend daemons
Yabb-cgi
smartsearch.cgi
Ikonboard (all versions)
IRC Egg Drops
psybnc (all versions)
Proxy Scripts and Servers
nph-proxy
The Anonymizer
any soap mailers

* Note: Black Onyx Hosting will be the sole arbiter as to
what constitutes a violation of this provision.

Chat Rooms:

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. With the Silver and Gold Plans we provide Java chatrooms available through your cpanel that will more than fill your needs and run without hindering the performance of the machine for others. You are limited to one chatroom on your domain.

Background Running Programs:

We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incured based on system resources used and operational maintenance needed.

Commercial Advertising - Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to be any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain.

As such, any violation will result in immediate deactivation of services without refund.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion.

If any terms or conditions are failed to be followed it will result in grounds for account deactivation. We reserve the right to remove any account with 7 days prior notice.

These policies may change without notice.

Money Back Guarantee:

If you are unhappy with our hosting service, for any reason, within the first 30 days, we will refund your money.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by Black Onyx Hosting for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are elegible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service departement.

Backups:

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Black Onyx Hosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Black Onyx Hosting will attempt to recover the data from the most recent archive for a $50.00 USD fee.

You agree to use all Black Onyx Hosting services and facilities at your own risk. Black Onyx Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Black Onyx Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Black Onyx Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Black Onyx Hosting, 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, it’s agents, employees or assigns.

Support Contact:

For support questions, contact us at:

support@black-onyx.com.

Please include the domain name and the server you are referring to when you write to support. We can't always tell by your email address which domain you are writing about, and we may need to know in order to help. If appropriate, tell us exactly what file(s) you are referring to. We will always be able to answer your questions within 4 hours.

Billing:

For billing questions, send email to billing@black-onyx.com.