Black Moon Hosting: Terms and Conditions
The following terminologies, expressly specified herein in full or in the form of an acronym, shall constitute an implied reference to Black Moon Hosting and its services: ÒweÓ, ÒusÓ, ÒourÓ, ÒBMHÓ, ÒBlack Moon HostingÓ, Òservice providerÓ, ÒsupplierÓ, ÒofferorÓ, ÒBlackmoonhosting.comÓ, ÒBlackmoonhosting.co.ukÓ, ÒWebsite visitorÓ, "Email offer", "Customer Support".
The following terminologies, expressly
specified herein in full or in the form of an acronym, shall constitute an
implied reference to a customer: ÒyouÓ, ÒyourÓ, ÒIÓ, ÒyourselfÓ,ÒoffereeÓ, ÒrepresentativeÓ, ÒcustomerÓ, ÒuserÓ, ÒShared
Hosting CustomerÓ.
Before commencing any use of the Black
Moon Hosting website or eliciting a contract with Customer Support it is a requirement that you have wholly read, understood
and agreed to be bound by the content stipulated within this Terms and
Conditions document and any other document incorporated by way of reference.
Should you not wholly read, understand and agree to be bound by the contents of
this Terms and Conditions document and any other document incorporated by way
of reference, it is requirement that you cease your access to and use of the
Black Moon Hosting website and any services expressly related to or provided by the Black Moon
Hosting website in an indefinite and immediate manner.
The wordings in the aforementoned paragraphs and subsequent enumerated paragraphs shall wholly represent the Terms & Conditions of any contractual agreement(s), as convened by you through the BMH website or relevant Customer Support contact methodologies, and, thus, such wordings shall become incorporated as conditions of any contractual agreement for the duration of the life of such a contractual agreement.
Additionally, the following wordings in the subsequent enumerated paragraphs
shall prescribe the manner by which you interact with, utilize, view, edit,
download from and/or upload to BMH in the context of a website visitor.
1. Domain Name Registration
1.1.Black Moon Hosting makes no
representations that the domain name(s) that you wish to register or renew
shall become registered or registered in your name until the point at which you
are notified via e-mail that such a registration has been finalized. Any
actions or omissions undertaken by yourself before this point in time are
undertaken at your own risk.
1.2. Black Moon Hosting is an official
reseller of domain name(s) and other domain applicable services provided by a
Domain Name Registrar of which have authority to reserve, and make available
for registration, top-level domain names in exchange for a fee. It is a
requirement that you therefore read, understand and accept the terms and
conditions, privacy policy, refund policy and any other contractual terms set
out by such a Domain Name Registrar before purchasing a domain name from the
Domain Name Registrar. BMH uses the Domain Name Registrar named eNom.
1.3. You shall
have no right to bring a claim against us should the Domain Name Registrar be
negligent and/or refuse to register a domain name or other domain name
applicable service. Any monies so paid shall be non-refundable, notwithstanding
refusal or negligence on part of the Domain Name Registrar. BMH does not possess
any inherent ability to reimburse any monies so issued with respect to domain
name(s) and domain name applicable services that are redeemed, upon such a
payment having been submitted, to the Domain Name Registrar via the BMH
website.
1.4. We shall have
no liability in respect of the use by you of any domain name(s) or domain name
applicable service. Should a dispute arise between you and any other parties,
it is the sole responsibility of yourself to resolve such a dispute. Where your
use of a domain name(s) or domain name applicable service, influences or causes
unreasonable disruption, outage or unavailability to any BMH service, we shall
have the right to revoke, cancel or suspend the domain name(s) or domain name
applicable service that is implicated in addition to seeking damages from you.
1.5. You agree that domain name(s) and
domain name applicable services that are activated, registered, renewed, paid
for, or redeemed by you and for use by you via the BMH website will be
administered by us on your behalf with respect to personally identifiable
information about you and information relating to the domain name(s) and/or
domain name applicable services as populated into your BMH billing profile
concerning any given domain name(s) registered, renewed, paid for, activated or
redeemed by you and for use by you via the BMH website. Such personally
identifiable information will be publicly viewable via the domain name WHOIS
protocol as standard until advised otherwise by you.
1.6. You agree not to register, renew, pay
for, activate or redeem a domain name(s) or domain name applicable service via
the BMH website on behalf of another party or parties. Should a domain name(s)
or domain name applicable service be registered, renewed, paid for, activated
or redeemed on behalf of another party or parties, we shall have the right to
suspend, revoke or cancel such a domain name(s) or domain name applicable
service.
1.7. BMH shall endeavor
to automatically renew any domain name(s) registered by you via the BMH website
subject to the following criteria being met:
1.8. Where the auto-renewal feature is
enabled for your domain name(s), you authorize BMH to debit your funding source
in advance of the domain name renewal date in order to ensure that your renewal
payment is processed by the Domain Name Registrar before the domain name(s)
designated expiration date.
1.9. BMH cannot be held responsible for
any losses or disruption incurred by a failure to renew a domain name either by
our software or a BMH representative.
1.10. You must take reasonable measures
and contingency steps to ensure that any domain name(s) or domain name
applicable features activated, registered, renewed, paid for, or redeemed by
you and for use by you via the BMH website are paid for in full before any
designated expiration dates. BMH will not transmit any precursory notification
to you concerning an imminent domain name(s) expiration date or domain name
applicable service expiration date.
2. cPanel Usage
2.1. Black Moon Hosting provisions a
unique cPanel to itÕs customers (accessible on the
domain name port of 2096 using a customer specific cPanel
account through the HTTP protocol) for the management of website, email,
database and other configurations that are capable of producing content,
whether for publication on the World Wide Web or reserved for private storage.
BMH reserves the right to suspend or cancel a customerÕs access to their cPanel where it determines that the cPanel
account has been used inappropriately or otherwise.
2.2. Black Moon Hosting makes no representation
and gives no warranty as to the accuracy or quality of information received by
any person(s) via the server and we shall have no liability for any loss or
damage to any data stored on our servers.
2.3. You shall
effect and maintain adequate insurance cover in respect of any loss or damage
to data stored on our servers.
2.4. You
represent, undertake and warrant to BMH that you will use the Hosting Services
allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that: -
2.4.1. You will not use the Servers
in any manner which infringes any law or regulation or which infringes the
rights of any third party, nor will you authorise or permit any other person to
do so.
2.4.2. You will not upload, post, link to
or transmit:-
2.4.3. Any
material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
2.4.4. Any
material containing a virus or other hostile computer program.
2.4.5. Any material which constitutes, or
encourages the commission of, a criminal offence or which infringes any patent,
trade mark, design right, copyright or any other intellectual property right or
similar rights of any person which may subsist under the laws of any
jurisdiction.
2.4.6. Any file
that you do not own the copyright to in the first person, including but not
limited to; music files, mp3's, video files, movies, games (including mods,
patches, and add-ons), images, software, and shareware.
2.4.7. Illegal Material - This includes
copyrighted works, commercial audio, video, or music files, and any material in
violation of any Federal, State, local, national or international law.
2.4.8. Adult Material - Includes all
pornography, erotic images, or otherwise lewd or obscene content.
2.4.9. Warez -
Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which provide
'links to' or 'how to' information about such material.
2.6. You will not
employ programs which consume excessive system resources, including but not
limited to processor cycles and memory.
2.7. You will not
employ programs which broadcast live streaming of any medium, including but not
limited to audio and video.
2.8. You will not use any device or
contraption, whether virtual or physical in nature, that automates the sending,
retrieval or forwarding of data, including but not limited to imagery, video
and text, to the server for storage. An example of this principle includes, but
is not limited to:
2.8.1. The use of
a surveillance system to capture motion picture data; such data is then
delivered via any protocol to your server for storage.
2.8. Any file you
store on the Servers will be reachable via a hyperlink from a page on your
site.
2.9. You shall keep secure any
identification, password and other confidential information relating to any BMH
accounts and shall notify us immediately of any known or suspected unauthorised
use of your account or breach of security, including loss, theft or
unauthorised disclosure of your password or other security information.
2.10. You shall
not use the Servers in a way that is detrimental to our other customers.
2.11. You shall
observe the procedures that we prescribe from time to time with respect to
software and hardware upgrades and/or changes.
2.12. You shall ensure that all web
applications and scripts that you run on our servers that send email are
adequately protected from malicious abuse, both from website visitors, remote
submission, and automated spam programs.
2.13. You shall
ensure that all web applications and scripts that you run on our servers are
upgraded to their latest secure version release. The use, storage, or upgrading
to, a deprecated, BETA, experimental or otherwise insecure, incomplete,
erroneous web application or script is forbidden.
2.14. In the case of an individual user,
you warrant that you are at least 18 years of age and if the user is a company,
you warrant that the Services will not be used by anyone under the age of 18
years.
2.15. While we
will use every reasonable endeavour to ensure the integrity and security of the
Servers, we do not guarantee that the Servers will be free from unauthorised
users or hackers and we shall be under no liability for non-receipt or
misrouting of email, any other failure of email or any other kind of disruption
or failure of a service(s).
2.16. Although daily data backups are
effected on all of our servers at an automated time, we do not guarantee the
integrity of our backups or that we will be able to recover all or any files,
databases, email or other kinds of data. It is a condition that you have an
independent backup of all data pertaining to the web space that you are using
on our network to recover your data in the event of data loss or disruption.
2.17. Any fees
paid for an SSL certificate are non-refundable once the SSL certificate
credentials have been passed to you. You should contact the SSL certificate
vendor in the event of a dispute.
2.18. You will
not use our network to send or transmit, or use the services of another
company, for email forbidden in these Terms and Conditions, or under our Acceptable Use Policy or Anti-SPAM Policy.
2.19. You shall
keep your mailbox password confidential and shall be a minimum of 10 characters
long and shall include both letters, symbols and numbers. Additionally, you
shall change your mailbox password on a regular basis. BMH shall not be
responsible for mailbox theft or data loss that results from weak or stolen
passwords.
2.20. We run
anti-SPAM software on our email servers. You can determine the levels of SPAM
protection, and actions to be taken when SPAM is detected from within the
webmail account for the mailbox.
2.21. We run
anti-malware software on our email servers. We reserve the right to clean,
delete or quarantine any software that such anti-malware software determines to
be infected or which contains one or more virus signatures. We may clean, delete or quarantine such identified software without
any prior notice or notification and may do so entirely at our own discretion.
2.22. You shall
only attempt to access or access, use or administer your email mailbox from
systems owned by you. Such systems must be running an up-to-date and patched
operating system, anti-malware and firewall application by a reputable vendor.
2.23. You will
perform a full system scan for viruses and spyware (and other types of infected
files that are designed for detrimental outcomes) on systems that receive from,
or send email(s) to, your mailbox account(s) at all times.
2.24. If a mailbox or domain is identified
as causing disruption or other problems with respect to the smooth running of
the servers, the offending mailbox or domain may be suspended to rectify such
an issue or issues. Some issues which may warrant immediate
mailbox/domain suspension are:
2.24.1. Where
mailboxes receive large quantities of undeliverable emails.
2.24.2. Where
mailboxes have forwarders and/or auto-responders configured to send email to
other mailboxes where email cannot be delivered resulting in circular mail
loops.
2.25. You
represent, undertake and warrant to BMH that you will use the email services
for lawful purposes. In particular, you represent, warrant and undertake to us
that: -
2.25.1 You shall
not send messages or communications with the intention of committing fraud or a
criminal offence.
2.25.2 You shall
not send messages or communications that causes annoyance, inconvenience,
harassment, anxiety and/or discomfort to another user of the internet.
2.25.3. You shall
not send messages or communications which are unsolicited, offensive, abusive,
indecent and/or obscene.
2.26. BMH reserves the right to disable,
terminate or suspend email services where:-
2.26.1. Where point 2.24 is contravened
severely, resulting in intermittent or full server service unavailability.
2.26.2. An email
service has been used in contravention of our anti-SPAM policy and/or
the Acceptable Use Policy.
3. High System Resource Utilisation User
Policy
3.1. Resources are defined as the use of
bandwidth, disk space, processor utilisation, email queuing and database usage.
BMH may implement the following policy at its sole discretion:-
3.1.1. When the
resources utilised by a customer are abnormally high, BMH reserves the right to
suspend that service immediately without distributing to you any prior
notification. Such action is solely taken to prevent or stop misuse of our
services. Where such a suspension is issued, BMH may offer to continue to host
your website at an additional cost to you. BMH reserves the right to determine
what constitutes Ôabnormally highÕ resource usage. Failure to comply with such
measures may result in account termination.
4. Service Availability
4.1. BMH shall use our reasonable
endeavours to make available to you at all times the Servers and the Services
but we shall not, in any event, be liable for interruptions of Service or
down-time of the Services.
4.2. BMH shall have the right to suspend
the Services provided to you at any time and for any reason, generally without
notice, but if such suspension lasts or is to last for more than 7 days you
will be notified of the reason.
5. Payment
5.1. All charges payable by you for the
Services shall be in accordance with the scale of charges and rates published
from time to time by us on our website and shall be due and payable in advance
of provision of the Services.
5.2. BMH reserves the right to change
pricing at any time although all pricing is guaranteed for any pre-existing
contractual cycle. A pre-existing contractual cycle shall exist where a payment is given by you in exchange for a service(s) from
us without you having cancelled or deferred payment for the applicable
service(s) for more than 14 calendar days.
5.3. Payment is due each anniversary
month, quarter or year following the date the Services were established until
closure notice is given at least 7 days before the service renewal date.
5.4. All payments
must be in UK Pounds Sterling, or US Dollar, paid online using the online
payment system provided by BMH.
5.5. Without prejudice to our other rights
and remedies under this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the provision of
Services to you.
5.6. If an
account goes unpaid for 14 working days or more, a £12.00 late payment fee may
be applied and the account and all its associated services will be suspended.
5.7. Once an
account has a suspended status, access to files, databases, emails, and other
content is explicitly denied. All files, databases, emails, and other content
including the account itself is permanently deleted 56
calendar days (8 weeks) after failure to pay any sums due on the account.
5.8. If you wish to reactivate an account
which has been deleted then a £28.00 charge will be applied upon account
reactivation to cover administration costs.
5.9. Should
access to files, databases and other content be required before they are
deleted, account reactivation will be required.
5.10. Hosting services that come with a
specified monthly bandwidth limit; If this is exceeded, you will be required to
purchase additional bandwidth allocation from the BMH website as applicable for
the month in which your monthly bandwidth limit was exceeded as prescribed by
the web hosting package you have been allocated.
5.11. Hosting services that come with a
specified monthly disk space limit; If this is exceeded, you will be required
to purchase additional disk space allocation from the BMH website or upgrade
your hosting package.
5.12. Hosting services that come with a
specified monthly database limit; If this is exceeded, you will be required to
purchase additional database allocation from the BMH website or upgrade your
hosting package.
5.13. Shared hosting customers are
restricted in terms of how many emails they are permitted to send within one
calendar month. Shared Hosting Customers are gernally permitted to send up to 500
emails per calendar month unless otherwise stated in the invoice particulars. If this is exceeded without prior notification to
us, you will be billed at £9.95 per 10,000 emails in excess of 25,000 emails at
the end of the calendar month in which this limit is exceeded. We will not be
held liable for any loss, damage or inconvenience experienced by you should you
reach such a restriction threshold.
6. Termination and Refunds
6.1. BMH shall be entitled to suspend the
Services and/or terminate this Agreement forthwith without notice to you if
you: -
6.1.1. Fail to
pay any sums due to us on the designated date.
6.1.2. Contravene
any of these Terms and Conditions, in addition to the accompanying BMH Privacy
Policy, Acceptable Use Policy and/or Anti-SPAM policy.
6.1.3. Are a
company and you go into insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a voluntary arrangement
with your creditors.
6.1.4. Refunds will be given at the discretion
of BMH Billing Department and where such a refund(s) is approved,
administration fees and/or payment vendor fees may be subtracted from the
credited monies. Any refund administered shall not contravene any rights and
remedies as prescribed by UK statute.
6.1.5. BMH reserves the right to suspend
the Services and/or terminate this Agreement at any time and without notice. In
the event of the Agreement being cancelled by BMH you will be entitled to a pro
rata refund based upon the remaining period of prepayment, unless your account
was suspended due to a breach of the terms and conditions.
6.1.6. You may cancel the Services at any time. To do so you must
follow the instructions provided on the Contact Us page located in your Client
Area Account. We will cancel the Services within 3 working days of receipt of
your request.
6.1.7. Where
payment has been made by credit or debit card, any refund will only be issued
to the same credit or debit card. The same principle shall transverse and be
applicable for other personally unique identifiers as used during the use of
different payment methodologies and which are used in the course of you making
a payment to us.
6.1.8. On
termination of this Agreement or Suspension of the Services we shall be
entitled immediately to stop access to your Website and to remove all data
located on the BMH Network.
7. Revokation of
Contract
7.1. If you are a 'consumer', you may have
a right to cancel this contract under the Consumer Protection (Distance
Selling) Regulations 2000 or similar laws amending or replacing it. The right
must be claimed in writing within seven working days of the start of the
services with BMH.
7.2. Upon
cancellation, access to services supplied by BMH will be removed, and any
account or services will be terminated and files or content, including web
files and email will be deleted. Once this is complete any monies paid to BMH
will be returned to the consumer within 30 calendar days.
8. Indemnity
8.1. You shall indemnify Black Moon
Hosting and it's agents and keep us indemnified and hold us harmless from and
against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by us to
You and your use of the Services and the Servers including, without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this Agreement.
9. OUR AND YOUR LEGAL RESPONSIBILITY
9.1. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL ÔBLACK MOON HOSTINGÕ OR ITS SUPPLIERS OR
RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE
THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS
OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE
CLAIM IS BASED. IN ANY CASE, ÔBLACK MOON HOSTINGÕ ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM,
WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF
ÔBLACK MOON HOSTINGÕ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF
DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE. ÔBLACK MOON HOSTINGÕ IS NOT RESPONSIBLE FOR
ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ÔBLACK MOON HOSTINGÕ OR A
THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED
THROUGH SUCH CONTENT.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE
WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF ANY BLACK
MOON HOSTING SERVICE.
10. GENERAL
10.1. These terms
and conditions and any document incorporated by reference constitute the entire
agreement between the parties with respect to its subject matter and supersedes
and previous terms and conditions between the parties in relation to such
matters. The limitations, exclusions and restrictions in these terms and
conditions shall inure to the benefit of BMH. Nothing in these terms and
conditions affects your statutory rights as a consumer. If we fail to enforce
any provisions of these terms and conditions, that failure will not preclude us
from enforcing either that provision (or any similar provision) on a later
occasion. If any provision of these terms and conditions is found by a court to
be invalid, we agree that the court should endeavour to give effect to the
partiesÕ intentions as reflect in the provision and that other provisions
remain in full force and effect. We may transfer all or part of our rights and
duties under this agreement provided we take reasonable steps to ensure that
your rights under this agreement are not prejudiced. As this agreement is
personal to you, you may not transfer any of your rights or duties under it
without our prior written consent. A person who is not a party to this
agreement shall have no rights to enforce any term of this agreement. These terms and conditions are governed by English law and
any dispute connected with them or BMH services will be decided only by the
courts of England.
11. Privacy Policy
11.1 You must read in full, understand and
accept the express terms set out in our Privacy Policy. Should you fail to do this
you must cease your access to the BMH website and any associated services with
immediate and permanent effect.
12. Acceptable Use Policy
12.1 You must read in full, understand and
accept the express terms set out in our Acceptable Use Policy. Should you fail to
do this you must cease your access to the BMH website and any associated
services with immediate and permanent effect.
13. Anti-SPAM Policy
13.1 You must read in full, understand and
accept the express terms set out in our Anti-SPAM policy. Should you fail to do
this you must cease your access to the BMH website and any associated services
with immediate and permanent effect.
14. Email Offer
14.1 An email offer is an email message received by you from BMH stipulating a description, price and call to action which permit you to enter into a contract for a service and which are subject to the terms and conditions comprised within this Black Moon Hosting: Terms and Conditions document, including the following terms and conditions that shall apply in addition to specific email offers identifiable by their Email Campaign ID which are:
• Campaign ID 003: The email offer with this Campaign ID includes free website hosting and domain name registration for a period of 1 year which then changes to £61.94 per year on the Lunar Basic hosting package. Offer applies to .com or .co.uk domain names only. If you wish to utilise a different hosting package the aforementioned pricing in this paragraph shall not apply but will instead be expressly communicated to you in writing via an invoice, email, quotation or other legible modality for which you must express your understanding and agreement unequivocally by some demonstrable act in response to a request for your understanding and unequivocal agreement from BMH.