Terms of Service

1. Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Black Cat Technologies, Inc., it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Black Cat Technologies, Inc. is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2.)Payment Information

You agree to supply appropriate payment for the services received from Black Cat Technologies, Inc., in advance of the time period during which such services are provided. You agree that until and unless you notify Black Cat Technologies, Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Black Cat Technologies, Inc. of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Black Cat Technologies, Inc., it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Black Cat Technologies, Inc. of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Black Cat Technologies, Inc.. Black Cat Technologies, Inc. reserves the right to bill your credit card or billing information on file with us. Black Cat Technologies, Inc. provides a 3 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Black Cat Technologies, Inc. for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@blackcathosting.net after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Black Cat Technologies, Inc. cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@blackcathosting.net.

Black Cat Technologies, Inc. reserves the right to change the monthly payment amount and any other charges at anytime.

3.)Backups and Data Loss

Your use of this service is at your sole risk. Black Cat Technologies, Inc. is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Black Cat Technologies, Inc. servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Black Cat Technologies, Inc..

4.)Cancellations and Refunds

Black Cat Technologies, Inc. reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. Black Cat Technologies, Inc. gives you an unconditional 30 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with Paypal. Black Cat Technologies, Inc. does not accept Checks or Money Orders for payment at this time. If you wish to pay by E-Check, this service is available through PayPal.

There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared accounts after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

5.) Money back Guarantee

Black Cat Technologies, Inc.’s shared hosting accounts carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.

Black Cat Technologies, Inc. will not activate new orders or activate new packages for customers who have an outstanding balance with Black Cat Technologies, Inc.. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Black Cat Technologies, Inc. in writing.

6.) Uptime Guarantee

If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Black Cat Technologies, Inc. dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@blackcathosting.net with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared hosting solutions.

7.) Price Changee

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on blackcathosting.net, and the right to increase the amount of resources given to plans at any time.

8.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

9.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Black Cat Technologies, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Black Cat Technologies, Inc., 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Black Cat Technologies, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Black Cat Technologies, Inc.; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Black Cat Technologies, Inc.’s server.

10.) Arbitration

By using any Black Cat Technologies, Inc. services, you agree to submit to binding arbitration. If any disputes or claims arise against Black Cat Technologies, Inc., such disputes will be handled by an arbitrator of Black Cat Technologies, Inc.’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

11.) Disclaimer

Black Cat Technologies, Inc. shall not be responsible for any damages your business may suffer. Black Cat Technologies, Inc. makes no warranties of any kind, expressed or implied for services we provide. Black Cat Technologies, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This policy includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Black Cat Technologies, Inc..

12.) Disclosure to law enforcement

Black Cat Technologies, Inc. may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

13.) Changes to the TOS

Black Cat Technologies, Inc. reserves the right to revise its policies (Terms of Service) at any time without notice.