Pornography and sex-related merchandising are prohibited on
any of Black Onyx Webhosting 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 Webhosting 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.
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.
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.
We may allow programs to run continually in the background.
These are considered on a one to one basis and an
extra charge could be imposed, based on system resource utilization,
volume of traffic, and operational maintenance required.
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.
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 after giving that customer 7 days prior notice.
These policies may change without notice.
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 Webhosting 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 department.
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.
If loss of data occurs due to an error of Black Onyx Webhosting, 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 Webhosting will attempt to recover the data from the most recent
archive for a $50.00 USD fee.
You agree to use all Black Onyx Webhosting services and facilities at your own risk.
Black Onyx Webhosting specifically disclaims all warranties of merchantability
and fitness for a particular purpose.
In no event shall Black Onyx Webhosting be liable for any loss of services, 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, or employees.
