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Terms & Conditions Print View
This Agreement governs your purchase and use, in any form, of all services (herein referred to as "Services") for you (herein referred to as "Customer") and accepted by Moonrise Hosting a subsidiary of Moonrise Productions, Inc. and describes the terms and conditions that apply to any purchases and use of the Services. You must accept the terms of this Agreement in order to use the Services. Moonrise Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers.
The parties agree to the following, which shall apply throughout the term of this agreement:
PRICING
A. All prices for Plans provided by Moonrise Hosting to its Customers are in U.S. Dollars. Customer must pay for services provided by Moonrise Hosting in U.S. Dollars. Customer shall be responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services.
ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to acceptance by Moonrise Hosting. An order will be deemed accepted when written (email) confirmation of the order is sent to the Customer. Moonrise Hosting may refuse to accept, or delay for any period of time, any order for any reason.
B. Payment and Terms: Payment shall be made to Moonrise Hosting in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card, personal/business check or money order. Payment for services shall be made monthly, quarterly or annually depending on the select billing plan. Credit card payment will occur automatically until Customer requests cessation of service. All services provided by Moonrise Hosting and/or Moonrise Productions, Inc. become delinquent after 30 days past invoice or billing date. Any delinquent charges of Moonrise Hosting or Moonrise Productions, Inc. maybe charged to the Customer's credit card on file at Moonrise Hosting. If shortfalls in payment to Moonrise Hosting of the full invoice amount occur due to bank fees, transfer fees, or the like, Moonrise Hosting may charge the Customers credit card and re-invoice the Customer for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by Moonrise Hosting within fifteen (15) days after account activation or renewal, Moonrise Hosting may discontinue, withhold or suspend services to the Customer.
C. Cancellations of service must be made in writing via the Customer's Control Center: http://cp.moonrisehosting.com, and can not be made without the correct login information provided by Moonrise Hosting (including customer ID and account password). All information stored on the Moonrise Hosting network that was placed there by the Customer or is a result of the Customer using the services provided by Moonrise Hosting is deleted after a period of approximately 15 days from the date of cancellation. Therefore, should the Customer require a copy of said information, the Customer should take steps necessary to retrieve that information prior to cancellation of services. Should the Customer fail to retrieve such information, and should the Customer require a copy of said information after the date of cancellation, it is possible that Moonrise Hosting can provide the information to the Customer for an additional fee (to be determined at the time of request but could include data restoration and custom service fees). However, Moonrise Hosting does not guarantee that it will be able to provide the information to the Customer after the date of cancellation.
D. Should any Moonrise Hosting Customer attempt a chargeback for services knowingly purchased from Moonrise Hosting, or Moonrise Productions, Inc., Moonrise Hosting shall immediately shut-off all services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses. If a chargeback occurs as a result of Customer error, a $20 fee will be assessed on top of the full chargeback amount. On a second attempt at a chargeback, Moonrise Hosting shall immediately discontinue services to the Customer and pursue full legal recourse to recoup any and all losses, and future services to the Customer shall be denied.
E. Should a Customer follow standard procedures (as defined in Section C above) and cancel services with Moonrise Hosting, they are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered.
F. The Customer is responsible for providing Moonrise Hosting with the proper and correct Billing and Payment Information. In addition, the Customer is responsible for keeping all contact information, especially email
addresses, up to date and current. Moonrise Hosting conducts all communication with customers via email, including support, billing and network administration communication. Therefore, a current and active email address for all pertinent parties is absolutely essential. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the Customer. Customer has access to any and all information on file, and therefore has every opportunity to keep this information current, via the
Moonrise Hosting Control Center:http://cp.moonrisehosting.com
G. Moonrise Hosting is not responsible for the Customer's failure to use the services/Plans offered by Moonrise Hosting. The Customer has the right to cancel the services/Plans they have purchased at any time. Therefore, non-use of the services/Plans offered DOES NOT constitute a cancellation of said services/Plans. All customers are required to cancel services as described in Section 3(c), above.
H. Additional Fees: Customer agrees that use of the Services hereunder will not exceed any usage limits/allocations set forth under the Shared Plan details. If Customer does exceed any of the specified usage limits/allocations, Moonrise Hosting may, at its sole discretion, assess Customer with additional charges (where those additional charges are listed under Additional Features on the Shared hosting pages of the Moonrise Hosting website), suspend the performance of the Service or terminate this Agreement. In the event that Moonrise Hosting elects to take any corrective action, Customer will not be entitled to a refund of any unused pre-paid fees.
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DOMAIN REGISTRATION
Moonrise Hosting may acquire an internet domain name on behalf of the Customer as specified in the Customer's request for services. Any costs incurred by Moonrise Hosting in the process of obtaining or maintaining a domain name for the Customer shall be immediately reimbursed to Moonrise Hosting upon receipt of invoice for said services
and fees. Should the Customer acquire the domain name on their own, without the assistance of Moonrise Hosting, the Customer is responsible for any and all fees necessary for the acquisition of the domain name.
A. Domain Registration through Moonrise Hosting: The Customer is responsible for checking on the availability of any domain name associated with any of the services offered by Moonrise Hosting. The Customer is also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by Moonrise Hosting. Moonrise Hosting is not responsible for domain name availability. If a Plan is built by Moonrise Hosting using an unavailable or incorrect domain name, the Customer will be charged a $20.00 fee for any resulting corrections made by Moonrise Hosting. Moonrise Hosting does not, in any way, alter any domain information when building sites for the Customer. Domain information is entered solely by the Customer, and is, therefore, the sole responsibility of the Customer.
B. Domain Changes: If a Plan is ordered using an incorrect domain name, the Customer will be invoiced for any and all fees incurred by Moonrise Hosting in the proper registration/correction/completion of the Customer's order. These fees may include, but are not limited to, any administrative costs, domain registration costs and costs incurred in the correction of domain registration information charged by the domain Registrar.
C. Domain renewal through Moonrise Hosting is managed by an automatic system that will notify the Customer when a domain is in need of renewal services. It is the Customers responsibility to make sure that all contact information is current and accurate. Moonrise Hosting is not responsible for lapsed, expired or lost domains as a
result of the Customer not receiving, responding to or following up on notices sent by Moonrise Hosting or any of it's registrar partners. Domains that enter into a redemption period (generally 30 days after expiration), will require additional fees from the Customer to redeem the domain name from the controlling registrar.
D. Moonrise Hosting will seek for damages for any domain fee that is charged back, canceled or where payment is not made when payment has been made by Moonrise Hosting on the behalf of the Customer. This may or may not include credit bureau reports, court action and/or legal services. Customer agrees that any and all costs
incurred by Moonrise Hosting to recover such fees will be the responsibility of the Customer.
LIMITATION OF MOONRISE HOSTING’S OBLIGATIONS AND LIABILITY
A. Moonrise Hosting will utilize its best efforts to maintain acceptable performance of services contracted for, but Moonrise Hosting makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Moonrise Hosting cannot guarantee continuous service,
service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Moonrise Hosting will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Moonrise Hosting shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries or service interruptions whether or not caused by the fault or negligence of Moonrise Hosting.
B. Moonrise Hosting may discontinue servicing any Plan or may impose conditions as a prerequisite for continuing to service any Plan. Moonrise Hosting agrees to provide Customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm
to Moonrise Hosting. The following activities are specifically not allowed by Moonrise Hosting and will result in IMMEDIATE account termination: running adult web sites, running hate web sites, participation in undirected bulk email delivery (spamming) either through the use of our mail servers or not, gambling web sites or any sites promoting or participating in illegal activities.
C. Moonrise Hosting's liability to Customer and any end user of any Plan or other Moonrise Hosting services is limited to the amount paid to and received by Moonrise Hosting for services. In no event shall Moonrise Hosting be liable to Customer, any end user or any other entity for any special, consequential or other damages however caused, whether for breach of contract, negligence or otherwise, even if Moonrise Hosting has been advised of the possibility of such damage.
D. Customer shall defend, indemnify and hold Moonrise Hosting, its officers, directors, shareholders, agents, employees, successors and assign harmless from and against any and all claims, demands, actions, liability, costs, damages or expenses, including reasonable attorney's fees and other legal costs, arising from any lawsuit, claim, proceeding, settlement or other action which may be brought or maintained by virtue of or in connection with this Agreement; provided, however, that this obligation shall apply only to the extent that the party seeking indemnification shall not be at fault or found liable with respect to or in connection with the lawsuit, claim, proceeding, settlement or other action
in which such party is seeking indemnification under this Agreement.
E. While Moonrise Hosting provides backup services (with the exception of IIS .log files) and makes every effort to provide previous copies of customer files (for a specified dollar amount as specified on the Moonrise Hosting web site), to its customers, it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations.
F. Restoration of data from the backups Moonrise Hosting provides are done during normal business hours and based on the average ticket time for all Support requests. Restore requests are handled via the Control center Moonrise Hosting makes available for use by all Shared Hosting customers. During off hours, every attempt is made to restore data as quickly as possible. However, off hours are used to run the backups of all server data on the Moonrise Hosting network. Therefore, while Moonrise Hosting is backing up server data, the ability to restore data at the same time that backups are running is limited and will generally take considerably longer than requests made during normal business hours.
G. Moonrise Hosting may, at its sole discretion, limit or deny access to its servers, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of Moonrise Hosting, such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Moonrise Hosting servers.
CUSTOMER WEBSITE AND WARRANTIES
The Customer shall be solely responsible (where applicable) for the development, operation, maintenance, renewal, registration and ownership of Customer's website, online store and ecommerce activities including, without limitation (i) the accuracy and appropriateness of the content and material appearing on their website, (ii) ensuring that the content and materials appearing on their website do not violate or infringe upon the rights of any person, company, organization or any other entity and (iii) ensuring that the content and materials appearing on their website are not defamatory or otherwise illegal, (iv) ensuring that the web site and domain name are active and functioning properly. If the Customer operates an online store, sells or provides products and/or services, then the Customer shall be solely responsible for accepting, processing and filling their own customer orders and for handling their own customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store.
Customer represents and warrants that Customer owns or has the right to use the content and material contained on their website, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. In addition, the Customer grants Moonrise Hosting the right to reproduce, copy, use and distribute all and any portion of the Customer content to the extent needed to provide and operate the services Moonrise Hosting provides.
MODIFICATIONS OF THIS AGREEMENT
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Moonrise Hosting may make changes to this agreement. However, no significant changes (the significance to be determined by Moonrise Hosting) can be made without thirty (30) days' written notice provided to Customer, advising of the change and the effective date thereof. Utilization of Moonrise Hosting services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s).
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Uniform Domain Name Dispute Resolution Policy
Privacy Policy
This privacy policy has been created to show the commitment of moonrise Hosting to the privacy of customer and non-customer information. To better protect your privacy, we provide this notice explaining our online information procedures and the choices you can make about the way your information is collected and used.
The Information We Collect
This notice applies to all information collected or submitted on the Moonrise Hosting website. On some pages, you can order products, make requests and register to receive materials. The types of personal information collected at these pages are:
Name
Company
Address
Email address
Phone number
Fax number
Credit/Debit Card Information
Domain name
When we transfer and receive certain types of sensitive information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor's browser.
The Way We Use Information
We do not share this information with outside parties except to the extent necessary to complete the order.
We use the information you provide about someone else when placing an order only to start a service, order a product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. We will occasionally send our customers emails regarding new features and upgrades to our services for their benefit, and that is the extent of "marketing" done towards our customers. We do not harvest emails nor do we do any data mining on the information we collect.
We use non-identifying and aggregate information to better design our website and to share with advertisers. IN regards to cookies, we use cookies to record session information, such as items that consumers add to their shopping cart. With respect to ad servers, we do not partner with or have special relationships with any ad server companies.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing users an opportunity to opt-out or otherwise prohibit such unrelated uses. In certain instances (e.g. domain name registrations), you are asked to submit your information yourself for the purposes of receiving information or for purchasing additional products or services that complement the services you order from Moonrise Hosting. In those instances, you will be advised that you are submitting your information to a third party, and you will be given the opportunity to opt-out of providing that information (and therefore, of purchasing the product or services).
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. As stated, when we transfer and receive certain types of sensitive information, such as financial information, we redirect visitors to a secure server and will notify visitors through a security icon that appears in the visitor's browser.
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