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: “we”, “us”, “our”, “BMH”, “Black Moon Hosting”, “service provider”, “supplier”, “offeror”, “Blackmoonhosting.com”, “Blackmoonhosting.co.uk”, “Website visitor”, “Email offer”, “Customer Support”.
The following terminologies, expressly specified herein in full or in the form of an acronym, shall constitute for the purposes of this document an implied reference to a customer: “you”, “your”, “I”, “yourself”,“offeree”, “representative”, “customer”, “user”, “Shared Hosting Customer”, “legal owner”, “legal representative”, “treasurer”, “secretary”.
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.
- 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.
1.3. 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 on your behalf, 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:
- You have supplied accurate and up-to-date payment details.
- You did not cancel the domain name auto-renewal feature located within your BMH billing account.
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.
- cPanel Usage
2.1. Black Moon Hosting provisions a unique cPanel to it’s 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 customer’s 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.
- 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 ‘abnormally high’ resource usage. Failure to comply with such measures may result in account termination.
- 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.
5.1. 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.
- Termination and Refunds
6.1. BMH shall be entitled to suspend the Services and/or terminate this Agreement forthwith with or without notice to you if you: –
6.1.1. Fail to pay any sums due to us on the designated date.
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 up to 14 calendar days after your purchase. To do so you must follow the instructions provided on the Contact Us page located in your Client Area Account, or in the case of an External Promotion, you shall contact us by the prescribed method available to you. We will cancel the Services within 7 working days of receipt of your request and provide a full refund minus any costs that may have been expended already by way of us positively processing your order. The start point at which we process your order is at the time that we say that we are beginning, processing, undertaking, starting, commencing or otherwise initiating the service request and our hourly chargeable rate from this point onwards is £15.00 per hour. Please note that any domain name(s) and domain name add-on(s) that you request via BMH are non-refundable as such things are outsourced by BMH on your behalf of which incur expense.
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 to immediately stop access to your Website and to remove all data located on the BMH Network.
- 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 fourteen 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. If any monies are to be refunded, the nature of the refund shall be governed by clauses 6.
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.
- OUR AND YOUR LEGAL RESPONSIBILITY
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ‘BLACK MOON HOSTING’ 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, ‘BLACK MOON HOSTING’ 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 ‘BLACK MOON HOSTING’ 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. ‘BLACK MOON HOSTING’ IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘BLACK MOON HOSTING’ 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.
10.1. 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 parties’ 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.
- 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.
- 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.
- Email Offer
14.1 An email offer is an email message received by you from BMH stipulating a description and call to action which elicit you to take up a service and which, dependent on you demonstrating that you wish to positively take up this service by contacting BMH to request a service price which you accept, will be subject to the following additional implied 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 (offer applies to .com or .co.uk top level domain names’ only) for a period of 1 year which then shall be £61.94 per year for the Lunar Basic hosting package; this amount shall be legally binding and payable from the 365th day of the contract. This Campaign ID also comprises a Website Management Service (abbreviated to WMS) charged at £3.99 per month from day 1 for a period of 12 months. The WMS allows the purchaser to request any number of revisions or changes to existing website text, imagery, video and menu names by contacting BMH. The WMS excludes new feature request(s); a new feature request(s) is or are deemed to be wholly different in terms of form or length of coding and/or pixelation. See ‘Clause 6 ‘ of this document for details of the cooling-off period terms.
15.1 The phrase ‘external promotions’ refers to written and/or typed literature for service(s) and/or product(s) provided by BMH which is conveyed or transmitted from, using and over a third party service. A third party service is deemed to be a platform that is a legally or tangibly separate entity which provisions public or qualified space for the sale of a product(s) and/or service(s). For the purpose of the 15th clause range the phrases ‘external promoter’, ‘external promoters’, ‘external promotion’ and ‘external promotions’ are used interchangeably.
15.2 The external promoters that BMH uses are as follows:-
- Ebay Inc
- Finderly GmbH
- People Per Hour Ltd
- Amazon.com, Inc
- Ebuyer UK Ltd
15.4 In circumstances where we have made available literature that amounts to or identifies itself as the offering a product(s) or service(s) for sale the following terms shall apply and be visibly referenced and reiterated as follows:-
15.4.1 All terms and conditions reachable and readable by clicking the ‘Terms and Conditions’ text hyperlink on Blackmoonhosting.com are read, understood and agreed to in purchasing a product(s) and/or service(s).
15.4.2 Any product(s) or service(s) described in our literature must and can only be sold directly to the legal owner, copyright/trademark holder and/or legal representative of the business and/or person. A legal representative is deemed to be a treasurer, secretary and/or other role holder that can be positively identified within the business. The role holder must be authorised by the legal owner or copyright/trademark holder of the business to act on their behalf in making requests pertaining to product(s) and/or service(s) pursued under clause 15.1 and 15.4.1 and the remainder of the literature of this document.
15.4.3 Where there is a breach of clause 15.4.2 by way of an unauthorised entity, person or people that request a service(s) or product(s) in the manner outlined in clauses 15.1 and 15.2 the service(s) and product(s) shall be suspended in full pending a penalty fee of five hundred pounds. Payment shall be due within 30 calendar days after which the product(s) and service(s) shall be terminated or made permanently unavailable.
15.4.4 When a penalty fee is paid in full and clears the product(s) and service(s) shall be transmitted over email, mail or another transfer service within 30 calendar days in an archived ZIP folder. When receipt of this ZIP folder is confirmed by the buyer BMH will terminate the product(s) and service(s) from all of our systems.