Terms Of Hosting Service

LAST UPDATE JANUARY 1ST 2024

Jet Black Design (“The Company”) agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS).

1. Payments and Fees

  • All hosting fees are due on the invoice due date.
  • A $25 late fee will be applied to all past-due payments.
  • Accounts not paid by the due date may be immediately suspended until payment is received.
  • Accounts that remain unpaid may be sent to collections, and the Subscriber agrees to pay a Processing and Collection Fee of no less than $50 and no more than $150.
  • Chargebacks placed on payments made to Jet Black Design will incur a $25 penalty.
  • If a canceled account is reinstated and requires restoration from backups, a $25 restoration fee may apply.

2. Failure to Pay & Data Deletion

  • If an invoice remains unpaid past the due date, Jet Black Design reserves the right to suspend hosting services.
  • If payment is not received within 30 days of the due date, the Subscriber’s website, files, databases, and emails will be permanently deleted from our servers.
  • Once deleted, data cannot be recovered unless the Subscriber has maintained their own backups.
  • If a Subscriber wishes to reinstate their service after deletion, a new account setup fee may apply, but recovery of lost data is not guaranteed.
  • The Subscriber is responsible for ensuring timely payments to avoid service interruptions and data loss.

3. Legal Threats & Professional Behavior

  • Jet Black Design expects professional and respectful behavior from all clients.
  • Any unreasonable threats, personal attacks, or legal threats against Jet Black Design or its employees may result in termination of service.
  • Jet Black Design reserves the right to refuse service to any individual or company engaging in abusive behavior.

4. Account Transfers

  • Jet Black Design offers free website transfers for new hosting clients within 60 days of signup.
  • Free transfers only include site files and databases.
  • Email account transfers and PHP/.NET reconfigurations may require additional fees.
  • Jet Black Design does not guarantee successful transfers in cases where prior hosts use proprietary or incompatible systems.
  • After 60 days, site transfers will incur a fee based on complexity.

5. Free Domain Registration/Transfers

  • Jet Black Design offers free domain registration or transfers as a courtesy for clients.
  • Domains registered through this policy remain the property of Jet Black Design until hosting fees are fully paid.
  • If the hosting account is fully paid and current, the Subscriber has the right to transfer the domain to another provider at any time.

6. Account Cancellation

  • All cancellation requests must be made in writing via email to Jet Black Design’s sales or support team.
  • Cancellations must be submitted on or before the next billing cycle to avoid additional charges.
  • Jet Black Design is not responsible for data loss due to cancellations. Clients are advised to backup their data before canceling.

7. Service Interruptions & Liability

  • The Subscriber acknowledges that service interruptions may occur due to factors beyond Jet Black Design’s control.
  • Jet Black Design is not liable for damages resulting from service interruptions.
  • The maximum liability for service interruptions is limited to the amount paid for hosting services during the affected period.

8. Money Back Guarantee

  • Jet Black Design offers a 60-day money-back guarantee for hosting services.
  • Refunds are not available for accounts suspended or canceled due to service abuse.
  • Refunds for downtime below 99.9% uptime will be calculated using the percentage of downtime over 0.1%, divided by 99.9%, and multiplied by the monthly service fee.
  • Domain names, SSL certificates, dedicated servers, and marketing services are non-refundable.

9. Support Boundaries

  • Jet Black Design provides technical support for server functionality only.
  • Jet Black Design does not provide support for third-party applications, CGI scripts, HTML, or other programming-related issues.
  • Resellers must provide support for their own clients.

10. SPAM & Unsolicited Commercial Email (UCE)

  • Jet Black Design has a zero-tolerance policy for SPAM.
  • Clients may not use Jet Black Design’s services for sending Unsolicited Commercial Email (UCE) or SPAM.
  • Violations will result in account suspension or termination.
  • First violation: $30 Administrative Fee and review for possible termination.
  • Second violation: Immediate termination of account.

11. Bandwidth & Disk Usage

  • Clients must not exceed allocated bandwidth or storage limits.
  • Jet Black Design monitors bandwidth and disk usage and may take corrective action if usage exceeds the agreed limit.
  • Using a shared hosting account for storage/backups is prohibited.
  • Unacceptable content includes:
    • Warez, pirated software, illegal content, hacking tools
    • Torrent sites, file storage/mirroring services, adult content
    • Spam-related software, high-traffic commercial streaming
    • MLM, Ponzi schemes, or high-yield investment programs

12. Backups & Backup Access

  • Clients are responsible for maintaining their own backups.
  • Jet Black Design performs server-wide snapshots, but individual file recoveries are not guaranteed.
  • Lost data due to non-payment, cancellation, or user error is not recoverable.

13. Suspension of Service & Right to Refuse Service

  • Jet Black Design reserves the right to suspend network access to any client violating these terms.
  • If illegal or inappropriate activity is detected, accounts may be suspended without prior notice.
  • Jet Black Design reserves the right to refuse service to any client at its discretion.

14. Miscellaneous Provisions

  • Clients must provide accurate and up-to-date contact information.
  • A waiver of any breach of this agreement does not constitute a waiver of future breaches.
  • Clients cannot transfer or assign their agreement without prior approval.
  • Jet Black Design reserves the right to update these Terms of Service at any time.

15. Disclaimer of Warranties & Limitation of Liability

  • Hosting services are provided “AS IS” and “AS AVAILABLE” with no warranties.
  • Jet Black Design is not liable for service interruptions, data loss, or other issues beyond its direct control.
  • Maximum liability is limited to the amount paid for services during the affected period.
  • Jet Black Design is not responsible for lost profits, lost data, or any indirect damages.

16. Responsibility for Content

  • Clients are solely responsible for all content stored on and served by their hosting accounts.
  • Jet Black Design does not monitor or control client content but reserves the right to remove any material that violates these Terms of Service.