Service Agreement

It’s always handy to read the fine print!

Service Agreement

LunaHost provides web hosting services to a global market of customers. As such, we have certain legal and ethical responsibilities consisting with the use of our servers and equipment involved in providing these services. To meet our legal and ethical responsibilities to our customers and to ensure each of our customers receives the quality of service that is being paid for, we have to maintain several policies. All customers are obligated to read, agree to, and keep up-to-date on each of our policies. By obtaining and continuing to use our service, you are agreeing to all of our policies. Please be aware that these policies may change at any time without notice.

In summary, the following are STRICTLY NOT PERMITTED on our shared servers:

  • Email Spam, IRC Bots, Distributed Services
  • Abuse of Scripts or System Resources
  • Pornography or sex-related merchandising
  • Illegal Content including but not limited to File Sharing, Hacking/Cracking, Copyrighted Music
  • Content that promotes hatred, racism or extremism

Acceptable Use

LunaHost is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. LunaHost will be the sole arbiter as to what constitutes a violation of any of these provisions. Customer understands that prior to joining our services, they must agree to this policy.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

Illegal Content

LunaHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Subscribers to our services agrees to indemnify and hold us harmless from any claims resulting from the use of the service that damages the subscriber or any other party.

LunaHost will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited on our shared servers. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Resource Usage

Any website that uses an unreasonable high amount of shared server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. LunaHost shall be the sole arbiter of what is considered to be a high server usage level.

Background Processes

LunaHost does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation on our shared servers. Cron jobs are allowed through cPanel when available and subject to the same resource consumption rules as other scripts.

Backups

LunaHost performs daily off-site backups on all servers to ensure critical files are never lost. However LunaHost is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. The customer is responsible for keeping their own backup.

Client Responsibility

The client is responsible for all activity related to the Account. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Client agrees that it is not the responsibility of LunaHost to provide this help or knowledge or support outside matter specific to LunaHost servers.

Spam

Spamming, or the sending of mass unsolicited email, from or through a LunaHost server or using an email address that is maintained on a LunaHost machine is STRICTLY prohibited. LunaHost will be the sole arbiter as to what constitutes a violation of this provision. LunaHost limits emails to 500 per hour on shared servers regardless of queue size.

Server Abuse

Any attempts to undermine or cause harm to a LunaHost servers or customer of LunaHost is strictly prohibited. Any sub-networks of LunaHost and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution

LunaHost's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products.

Databases

Any database stored on LunaHost shared servers shall be limited in size to 20% of the total disk space allotted for a particular domain.

Actions Taken by LunaHost

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. LunaHost will be the sole arbiter as to what constitutes a violation of the AUP. LunaHost reserves the right to remove any account without prior notice.

When LunaHost becomes aware of an alleged violation of its AUP, LunaHost will initiate an investigation. During the investigation, LunaHost may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, LunaHost may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, LunaHost will notify the appropriate law enforcement authorities of such violation.

LunaHost does not issue credits for outages incurred through service disablement resulting from AUP violations.

LunaHost customers agree to indemnify and hold harmless LunaHost from any claims resulting from the use of our services that damages them or any other party. The LunaHost service is provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. LunaHost expressly disclaims any representation or warranty that the LunaHost service will be error-free, secure or uninterrupted. No oral advice or written information given by LunaHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. LunaHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Governing Law

Customer understands that for all disputes, with regard to any of LunaHost services or any term listed in this policy, the only jurisdiction that shall be used in determining liability is the court situated in the United Kingdom. If LunaHost is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse LunaHost for its legal fees, costs and disbursements if LunaHost is successful. You agree that the Courts of Denmark are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

Serverability

If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

Modifications

LunaHost reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Payments and Cancellations

All payments are due prior to the beginning of your billing period. For each successive period, your contract is renewed automatically unless we are notified otherwise. Billing period is determined by the billing option you chose at the time of ordering. Your billing period also applies to any additional items and services ordered after the initial activation of you account. For payment, we accept Paypal, Visa, MasterCard and AMEX.

Refunds & Disputes

All services rendered by LunaHost 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 a ticket in the client area. Customer agrees not to chargeback any credit card payments for services rendered. Any chargeback of payment for services rendered will result in an additional charge of £75 and will be subject to collection by an authorised collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys. fees, court costs and collection agency fees) incurred by LunaHost in enforcing collection.

Cancellations

Request for cancellation must be received through the client area. You will receive an automatic confirmation upon succesfully receiving the cancellation. Cancellations over the telephone and informal email are not accepted.

Setup fees, when applicable, are non-refundable. You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, and an IP address, you have the ability to use your account. The fact that you do not do so is irrelevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers. If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a £10.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We also reserve the right to report your unpaid balance to credit reporting agencies.

If client disputes justified charges by provider on his credit card, provider has the right to charge a £75 administration fee and immediately discontinue service.

Contact LunaHost

If you have any questions, comments, or concerns with any of our policies, please contact us. We are happy to explain the reasons for any of our policies because these policies are in place to ensure a quality service for your site and the rest of the sites on our servers.

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