Terms of Service
Customer agrees to the following Terms of Service :
Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Cancellation: The Company requires a fourteen (14) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite fourteen (14) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through the secure client area located at http://Bluemoonhost.com/clients/. All customer data remaining after the cancellation date will remain in our database systems for 1 months (incase Customer wishes to re-signup; Telecommunications Act) and then destroyed for security and privacy reasons.
Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the secure client area located at http://Bluemoonhost.com/clients/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $200 and will be subject to collection by an authorized collection agency.
Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the Terms of Service. A late fee of 10% of the total bill/ Invoice will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Customer shall maintain access to data and services through the service network. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.
Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, Secure Client Area information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
Identity Use: Customer agrees to use The Company logo, Company information, and related services in accordance to the approved marketing guidelines. Company agrees not to use Customer name, logos, or information without prior written consent of Customer.
Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability: Except as described in the Service Level Agreement, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Customer agrees to the following Service Level Agreement:
Coverage: This Service Level Agreement (hence forth known as "SLA") applies to You (referred hereinafter as "You", "Your" or "Customer"), if you have subscribed for services with Bluemoonhost (referred hereinafter as "We", "Our", "Us", "Company" or "Bluemoonhost") and Your account is in good standing condition.
Bluemoonhost does not provide its Customer(s) with a service level guarantee. Bluemoonhost works only on best-effort basis for both hardware and network uptime. This means that Bluemoonhost will put in its best effort to resolve any and all issues faced by the Customer as soon as possible, but will not guarantee an estimated time for resolution of the issue.
Network uptime can be monitored through 3rd party service. We can boldy state that our uptime will always stay above 99%. Incase the uptime percentage reduces beyond 99%, Customer(s) who made made special service level agreements can receive service credits depending on the contract agreed to. Customers who have no such arrangements made with the Company shall not receive any credits - if any credits are issued, its purely based on courtesy by the Company.
Restrictions: Credits shall not be provided to You in the event that You have no Service Availability resulting from:
(i) Scheduled maintenance
(ii) Your behavior or the performance or failure of Your equipment, facilities or applications
(iii) circumstances beyond Bluemoonhost 's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, hardware failure for one or more reasons, or power used in or equipment needed for provision of Your Web Site.
Limitations: On-line problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to Bluemoonhost . Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and Bluemoonhost , making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.
Bluemoonhost agrees to the following Privacy Agreement:
The Company considers customer privacy paramount and to demonstrate our firm commitment to privacy, the following agreement has been created to explain our policies and procedures in relation to all data collected.
Types of Data Collected
Bluemoonhost collects data related to our users through the following methods:
• Automated means such as communication protocols and cookies
• Online registration and online signup forms
• Sales inquiries and transactions
• Online Customer communications
• Offline communications and interactions
• Third party sources of information
Depending upon the method of collection and use, the data collected may include information about the user from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, cvv, and payment information), information about use of Bluemoonhost web sites (such as electronic communications protocols, web pages visited, and cookies) and user preferences and privileges.
Electronic Communications Protocols and Cookies
Bluemoonhost may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by Bluemoonhost.com to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.
Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and user information to access Bluemoonhost's user forums. Some cookies used by Bluemoonhost.com may remain on the user's computer after they leave the web site, but the majority is set to expire within 30 - 365 days. There may be some cookies on certain tools that are of longer duration. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. In the future, as we enable further customization of the site, cookies will help in assuring that information provided to you will be the most relevant to your needs.
While we do not offer an opt-out on the site for cookies, browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion.
The Data We Collect and How We Use It
Bluemoonhost collects data from users for the following purposes:
To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. Bluemoonhost may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated third parties that are required to accomplish the transaction.
To provide future service and support. To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
To select content. Data may be collected to help create web site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation as well as data provided in forms.
To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.
To provide various Bluemoonhost communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent out as part of the program member signing up for the relevant program or online account.
To better tailor marketing to user needs. We may use information from purchases and requirements to provide you with timely and pertinent notices of product releases and service developments that address your needs and requirements.
To better respond to requests for service or quotes for product and equipment purchase. To better respond to requests for service or quotes for product and equipment purchase. Bluemoonhost will pass contact information to the appropriate Bluemoonhost sales person, or reseller for follow-up related to Bluemoonhost products or services.
From referral "tell a friend" function. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Bluemoonhost will automatically send the friend a one-time email inviting them to visit the site. Bluemoonhost uses this data for the sole purpose of sending this one-time email and tracking the success of our referral program.
As a result of your participation in interactive discussions and public forums.There are parts of the web site that permit you to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. Bluemoonhost does not control the content that users post and some may serve as public discussion forums. As in any interactive forum open to many users, you should carefully consider whether you wish to submit data and should tailor any other content submitted appropriately.
Secure Client Area, Customer Customization, Preferences and Opt-Out
New Customers are automatically registered for access at http://Bluemoonhost.com/clients. The Secure Client Area allows users the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of services and mailing lists. The Secure Client Area provides them with control over their preferences for electronic information delivery.
Bluemoonhost has also provided master users the ability to manage your account or profile of information. We maintain the data and allow master users to update it at any time. To change this information, you must be a current customer and login with a user ID and password and follow the prompts to "update my profile." We continue to expand the profile of services and information that you may access and update.
Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related service maintenance.
Bluemoonhost is concerned with the security of the data we have collected and has in placed commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, Bluemoonhost uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details.
In the event that individual personal data is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Bluemoonhost will notify the affected individual of the breach by email or fax or, if Bluemoonhost is unable to contact the individual by email or fax, then by U.S. mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Bluemoonhost or law enforcement to determine the scope of the breach and to assure or restore the integrity of the data system. Bluemoonhost may delay notification if Bluemoonhost or a law enforcement agency determines that the notification will impede a criminal investigation, unless and until Bluemoonhost or the agency determines that notification will not compromise the investigation.
If we are going to use your data in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect user data already stored in our database, we will notify you by email or post a prominent notice on this web site notifying users of the change. In some cases where we post the notice we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.
We may update this policy from time to time to describe how new site features affect our use of your data and to let you know of new control and preference features that we provide you.
Customer agrees to the following Acceptable Usage Policies:
DNS Services: Bluemoonhost supplies redundant domain names services for all customers purchasing domain registration services or dedicated and VPS servers. These services include the use of authoritative name servers for public resolution of domain names (incase of domain name registration) and private domain name resolvers located on OpenDNS.com's web infrastructure. The DNS services are partially controlled by Bluemoonhost with Customer specific domain name management through the online Secure Client Area. In rare instances, where extreme intensive loads (dns lookups) utilize disproportionate resources of the redundant DNS systems, Bluemoonhost will notify Customer of potential violation of the Acceptable Usage Policy. Customers requiring such DNS services will be instructed to perform dedicated DNS services on customer managed equipment. Violation of DNS services will result in methods of resolution under the Acceptable Usage Policy.
The following list represents per se direct violations of Acceptable Usage Policy and will be subject to immediate redress under the methods of resolution as described in the Acceptable Usage Policy.
Copyright Infringement: This includes but not limited to hosting, linking and or advertising via emails or websites designed to spread piracy. Please refer to copyright infringement requirements at http://Bluemoonhost.com/contact.html/.
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the Acceptable Usage Policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the Acceptable Usage Policy.
Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of the Acceptable Usage Policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the Acceptable Usage Policy. This includes UseNet services located within the Bluemoonhost network or unrelated third party networks.
Illegal Use: Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the Acceptable Usage Policy. This includes, but is not limited to: copyright infringement, death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Child Pornography: Bluemoonhost has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of local law and the Acceptable Usage Policy.
Threats & Harassment: The Bluemoonhost network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Bluemoonhost seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
Fraudulent Activities: Bluemoonhost prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the Acceptable Usage Policy.
Terrorist Websites: Bluemoonhost prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: Bluemoonhost prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Bluemoonhost analyzes the latest root kit for new security analysis software.
Phishing: Bluemoonhost strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Disclosure to Law Enforcement: Occasionally, Bluemoonhost is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. Bluemoonhost utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Bluemoonhost will notify customer of the information request as allowed by the subpoena.
Reporting Violation of the Acceptable Usage Policy: Bluemoonhost accepts reports of alleged violations of the Acceptable Usage Policy via email sent to abuse@Bluemoonhost.com. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Bluemoonhost owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Bluemoonhost will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.
Methods of Resolution for Violations under the Acceptable Usage Policy: The ultimate goal of Bluemoonhost is to balance the rights and interest of our customers in the highly evolving internet world. Bluemoonhost understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Bluemoonhost is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the Acceptable Usage Policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, Bluemoonhost engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services is achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access is restored and service continues as normal.
Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for Bluemoonhost and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.
Disclaimer - Bluemoonhost retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Bluemoonhost also retains the right to discontinue service with notice for repeated violation of the Acceptable Usage Policy over time.