Blue Moon Design and Hosting T.O.S.(Terms Of Service)

1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Blue Moon Web Design & Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
· Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
· Restrict or inhibit any other user from using and enjoying the Internet.
Blue Moon Web Design & Hosting reserves the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
· Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 10% of all available system resources at any time.
· Run any type of interactive real-time chat applications that require server resources that aren't available in your account's control panel. If you have a program you would like to run but doesn't meet these specifications, please contact us. Remotely-hosted services are fully allowed.
· Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
· Run any software that interfaces with an IRC (Internet Relay Chat) network.
· Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:
· Databases are only to be used for Blue Moon Web Design & Hosting-hosted web sites, and no outside access will be granted.

3. Severe Account Violations
We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $500 + $1 per message sent. This does not apply if any of your client accounts is in violation of this policy.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Blue Moon Web Design & Hosting staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.
Blue Moon Web Design & Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Blue Moon Web Design & Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

4. Indemnification
You agree to indemnify, defend, and hold harmless Blue Moon Web Design & Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Blue Moon Web Design & Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

5. Refusal or discontinuation of service
Blue Moon Web Design & Hosting reserves the right to refuse or discontinue service to anyone at Blue Moon Web Design & Hosting's sole discretion. Blue Moon Web Design & Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Blue Moon Web Design & Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Blue Moon Web Design & Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Blue Moon Web Design & Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Blue Moon Web Design & Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Blue Moon Web Design & Hosting also reserves the right to refuse refunds in cases where Blue Moon Web Design & Hosting believes abuse has taken place.

6. No warranties
Blue Moon Web Design & Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Blue Moon Web Design & Hosting or its agents or employees shall create a warranty. Blue Moon Web Design & Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Blue Moon Web Design & Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Blue Moon Web Design & Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Blue Moon Web Design & Hosting servers that such information becomes available to all Internet users and that Blue Moon Web Design & Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Blue Moon Web Design & Hosting servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Blue Moon Web Design & Hosting or on the Internet generally. Your use of the service is at your sole risk.Blue Moon Web Design & Hosting is not responsible for files and 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 Blue Moon Web Design & Hosting servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Blue Moon Web Design & Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Blue Moon Web Design & Hosting policy decisions.
Blue Moon Web Design & Hosting reserves the right to monitor any and all communications through or with our facilities.

7. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Blue Moon Web Design & Hosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

8. Overdue accounts
Accounts that become past due will incur a $2.95 late fee and any account 10 days past due will be suspended and a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from Blue Moon Web Design & Hosting’s servers after 20 days of delinquency.

Blue Moon Management
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Blue Moon Design and Hosting T.O.S.(Terms Of Service)

1. User Conduct
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to Blue Moon Web Design & Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
· Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
· Restrict or inhibit any other user from using and enjoying the Internet.
Blue Moon Web Design & Hosting reserves the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites
Users may not initiate the following on our servers:
· Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 10% of all available system resources at any time.
· Run any type of interactive real-time chat applications that require server resources that aren't available in your account's control panel. If you have a program you would like to run but doesn't meet these specifications, please contact us. Remotely-hosted services are fully allowed.
· Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
· Run any software that interfaces with an IRC (Internet Relay Chat) network.
· Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:
· Databases are only to be used for Blue Moon Web Design & Hosting-hosted web sites, and no outside access will be granted.

3. Severe Account Violations
We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, this includes shared hosting, reseller and resold accounts. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $500 + $1 per message sent. This does not apply if any of your client accounts is in violation of this policy.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any account owner or dedicated server owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any account owner who is in violation of this policy, will be charged a fee of $1,000. This does not apply if any of your client's accounts are in violation of this policy.
Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any Blue Moon Web Design & Hosting staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.
Blue Moon Web Design & Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. Blue Moon Web Design & Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

4. Indemnification
You agree to indemnify, defend, and hold harmless Blue Moon Web Design & Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Blue Moon Web Design & Hosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

5. Refusal or discontinuation of service
Blue Moon Web Design & Hosting reserves the right to refuse or discontinue service to anyone at Blue Moon Web Design & Hosting's sole discretion. Blue Moon Web Design & Hosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that Blue Moon Web Design & Hosting in its sole discretion believes violates any of the terms and conditions in this agreement. Blue Moon Web Design & Hosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Blue Moon Web Design & Hosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Blue Moon Web Design & Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. Blue Moon Web Design & Hosting also reserves the right to refuse refunds in cases where Blue Moon Web Design & Hosting believes abuse has taken place.

6. No warranties
Blue Moon Web Design & Hosting makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Blue Moon Web Design & Hosting or its agents or employees shall create a warranty. Blue Moon Web Design & Hosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Blue Moon Web Design & Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Blue Moon Web Design & Hosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Blue Moon Web Design & Hosting servers that such information becomes available to all Internet users and that Blue Moon Web Design & Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Blue Moon Web Design & Hosting servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Blue Moon Web Design & Hosting or on the Internet generally. Your use of the service is at your sole risk.Blue Moon Web Design & Hosting is not responsible for files and 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 Blue Moon Web Design & Hosting servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Blue Moon Web Design & Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Blue Moon Web Design & Hosting policy decisions.
Blue Moon Web Design & Hosting reserves the right to monitor any and all communications through or with our facilities.

7. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Blue Moon Web Design & Hosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

8. Overdue accounts
Accounts that become past due will incur a $2.95 late fee and any account 10 days past due will be suspended and a $25.00 re-connect charge will be billed to your account if you request re-connection of your account. Accounts will be terminated from Blue Moon Web Design & Hosting’s servers after 20 days of delinquency.

Blue Moon Management