Contract level agreement

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.