Terms and Conditions

TERMS AND CONDITIONS

1. WHAT IS THIS?

The terms and conditions with other policies referenced and incorporated herein are the rules and regulations covering the use of our services. Use of any of our services is subject to these terms and conditions. Please read them carefully and ensure that you understand and agree to all parts. Your use of any of our services is subject to your full comprehension and agreement of these terms.

  1. GLOSSARY OF TERMS AND PHRASES

“Announcement page”: The location where you can find notices regarding service updates including changes to existing service features, new services, pricing changes, service decommissioning and more.

“Client Control Panel”, “Client Area”, “Account”, “Services Account”: The location where you can login to a holding account to view correspondence, bills, manage services and similar, which is accessible at: https://blackmoonhosting.com/billing/clientarea.php 

“Holding account”: The login credentials that allow you to authenticate into your Client Control Panel.

“You”, “Client”: Refers to the named person or company contained within your Client Control Panel at the time that the holding account was registered at: https://blackmoonhosting.com/billing/register.php and, in the case of a domain name, any person or company contained in the WHOIS contact information for that domain name.

“We, “us” and “our”: Refers to Black Moon Hosting operating from blackmoonhosting.com , blackmoonservices.co.uk and sheffieldwebdesign.uk . In the context of section 6. Domain names below, these keywords also refer to your domain name registrar. To determine which registrar your domain name is registered with, perform a WHOIS lookup at: http://www.uwhois.com .

“Contact us”. “Contacting us”: refers to our prescribed and current contact methodologies listed at: https://www.blackmoonhosting.com/get-support . We may add, revoke or modify any contact method at any given point so check this page before contacting us. Any contact methods listed elsewhere, including on third party websites, emails, apps and similar are null and void and should be treated as such.

“Hosting plan”: refers to the name of your active hosting service plan listed in the Products & Services section of your Client Control Panel.

“Court”, “Courts”: refers to the Arbitration Alternative Dispute Resolution process as prescribed by the Advisory, Conciliation and Arbitration service in England.

2. QUESTIONS?

Any questions regarding this agreement should be sent via our Support Centre located at: https://www.blackmoonhosting.com/get-support prior to signing up for any service.

3. ADDITIONAL POLICIES

The following referenced separate policies are explicitly incorporated into this terms and conditions document:

  • Privacy Policy

4. CONTENT

All services provided by Black Moon Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in any format that is in violation of any law is prohibited. This includes but is not limited to copyrighted materials, a material we judge to be threatening or obscene, or material protected by trade secret or statute. The subscriber agrees to indemnify and hold harmless Black Moon Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any Black Moon Hosting server. This includes sites that may infer sexual content or link to adult content elsewhere. This is true for sites that promote any illegal activity or content that may be damaging to Black Moon Hosting servers or any other server on the internet. 

Some examples of non-acceptable content:

  • Pirated software
  • Bulk email related products
  • Pornography
  • Gambling
  • Hacking/cracking related websites
  • Warez and/or copyrighted content
  • Material illegal under English Law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety or welfare. Such as bomb-making, weapon information/sales, drug sales

Black Moon Hosting will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to deactivate and remove any site at anytime for any reason without issuing prior notice.

COPYRIGHT VIOLATIONS

Black Moon Hosting will respond to all reports made from a ruling made in a court of law located in England in regards to an intellectual property dispute, or where the owner of any alleged  infringing intellectual property expresses a need to remove the alleged infringing materials. Reports of infringement that do not comply with this act will not be processed.

5. SYSTEM RESOURCE USAGE

If the administration team of Black Moon Hosting determine that a hosting account is utilising an unacceptable amount of system resources we reserve the right to do any or all of the following measures:

  • Temporarily deactivate the account in question
  • Serve an eviction notice to the customer of the offending account providing them with seven (7) days in which to either upgrade their service or locate a new provider.

The following hard limits will apply to your account, and where they are exceeded 100 times in any given 24 hour period we shall apply a permanent deactivation to the account in question:

  • Physical memory limit (also includes shared memory and disk cache). Measured in MB, our hosting packages are limited to 2048MB.
  • IO throughput – combines both read & write operations. Measured in MBs per second, our hosting packages offer a limit of 10MB per second.
  • IOPS restricts the total number of read/write operations per second. Our hosting packages have a limit of 1024 operations per second.
  • EP (Entry processes) represents the max number of concurrent connections to dynamic scripts as well as SSH and cron jobs running simultaneously. Our hosting packages have a limit of 10 entry processes.
  • NPROC (Number of processes) – Max number of processes within our hosting are limited to 100 processes.
  • Database restrictions include 15 concurrent mySQL connections, database queries should not exceed 3,000 per hour, database changes (insert/update/delete etc) should not exceed 1,000 queries per hour. Additionally database servers should not be used as a hosting solution. Database access should only be used for the website hosted by Black Moon Hosting. Remote database access is for administrative purposes only and should not be relied upon for commercial or production objectives. 
  • Website connections, handled by Apache, may not exceed 50 from one individual source at any given time. Web processes should not fork or spawn subprocesses.
  • Unsolicited Bulk/Commercial Email/ SPAM is strictly forbidden on Black Moon Hosting servers. The transmission of spam from our servers and networks can cause irreparable monetary and reputation damage. All damage caused by spamming will be prosecuted to the fullest extent of the law. Any client caught spamming from our servers or networks will have their account immediately terminated without notice.
  • Solicited Bulk / Commercial Email is permitted but to maintain the integrity and reliability of our email services is restricted to an hourly limit of 300 emails per domain per hour, 3,000 emails per domain per day and 10,000 emails per domain per week. Processes should not send outbound mail to more than 25 recipients at any given time. The maximum number of members per cumulative mailing list is 1,500, the members of which should have took actions to subscribe to your mailing list; we do not allow you to send a mailing list you were given or that you bought. POP connections are limited to 60 per hour, while SMTP connections (outbound email connections) are limited to 500 per hour per hosting account.
  • A cron job task should not execute more frequently than once every 15 minutes. If set for a shorter timer, our system will automatically reset it to 15 minutes without prior notice.
  • Shell usage; our servers should not be used as an SSH bounce point to other servers/networks. You may not use the Unix “find” command recursively on directories more than 5 levels deep.
  • Dedicated IP addresses can be requested via our Support Centre at: https://www.blackmoonhosting.com/get-support . Valid justification is required for a dedicated IP address to be provisioned. The decision to provide (or revoke at a later date) a dedicated IP address and the pricing arrangement for it is at our sole discretion. A dedicated IP address must only be used for administrative, non-profit and non-commercial hobbies. All other purposes are forbidden.

Additionally your hosting account must not exceed an inode hard limit of 250,000. Every file (a webpage, image, email, php file etc) and directory (a folder) uses up 1 inode. in the case of a log file, this should not exceed 1GB in size. The total size of all similar log files should not exceed 5GB in size. A directory cannot contain more than 2,500 immediate child files. This includes subdirectories themselves but does not contain files contained within those directories. If your inode limit is breached once a permanent deactivation, suspension or state of inoperability may occur.

It is your sole responsibility to monitor and take proactive measures to ensure that none of the aforementioned hard limits are breached and to ensure that your hosting account does not utilise unacceptable amounts of system resource usage.

6. DOMAIN NAME AGREEMENT

We resell domain names from accredited registrars with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) such as .com, .net, .org, .de, .co.uk etc). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK https://www.icann.org/tlds . Domain name registrations are only for limited terms, terms which end on the expiration date at which point they will auto renewal at the prescribed renewal price; you must contact us 14 calendar days prior to the forthcoming renewal date, where/if your contract permits cancellation of renewal, to communication your wish to cancel the renewal and associated domain name renewal payment. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S)

You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Tucows Ltd, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.

NOT INCLUDED IN THE SERVICES

Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

PASSAGE OF TIME

This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.

IF LAWSUIT(S) ARE THREATENED

If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

DISPUTE RESOLUTION POLICY

You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

FEES

As consideration for the Service(s), renewal of the Service(s), and automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. If you do not wish to renew your domain name at the prescribed renewal price; you must contact us 14 calendar days prior to the forthcoming renewal date, where/if your contract permits cancellation of renewal, to request cancellation of the renewal and associated domain name renewal payment. 

CREDIT CARD AND OTHER CHARGES

If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at £100(GB Pounds). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “Black Moon Hosting.” We are not responsible for how charges appear on your credit card statement when the transaction is processed by your Primary Service Provider’s or another third party’s credit card payment processor.

EXPIRATION AND RENEWAL OF SERVICE(S)

Domain registrations are automatically renewed; opt-out of auto renewal is available in client control panel. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you keep automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available

Black Moon Hosting endeavours to renew Domain(s) on behalf of the Client. However, Black Moon Hosting makes no guarantee that attempted renewals, including attempts to renew expired domains, will be successful and it is the Client’s responsibility to check the WHOIS database, and any other source, to ensure the Domain name has been renewed.

ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION

As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name.

YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION

In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may lose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith. While we will perform due diligence to ensure domain information is correct, it is your responsibility to report any discrepancies regarding domain names to us including but not limited to: incorrect expiration date, incorrect contact information, and erroneous billing.

AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION

Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

REACTIVATION PERIOD PROCESS

For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends 25 calendar days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is £350 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.

In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will not be allowed to assume, during the first 30-45 calendar days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, until you pay an extended redemption fee of £350 (GB Pounds) plus any registration fees. After the end of the 30-45 calendar days period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services. Please bear in mind that a domain name in the ERGP phase cannot be guaranteed to be recovered as it may instead be sent to auction by our domain name reseller supplier, Tucows Ltd which we have no control over.

In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United Kingdom) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must provide a statement authorising payment of the reinstatement fee to such credit card, which is £350 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY

In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorised use. You agree that any person in possession of your account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorised access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORISED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorised access to your account or domain names, you agree that we may charge you administrative fees of £50 (GB Pounds) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

TRANSFERS

You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorisation, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. 

To transfer your domain name(s) you should first login to your account and contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode” for a small fee of £30.00 in total. We may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you have recently updated any of your domain name contact details within your Client Account, if you are bankrupt, or if you fail to pay fees when due. In the circumstances where you have updated the domain name contact details within your Client Account, our registrar Tucows Ltd trading as Enom, impose an IRPT lock of 60 days during which time the affected domain name transfer is not possible. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. Where a domain name does not support EPP code generation, or a similar security measure by design as set out by the governing relevant registry (i.e. Nominet in the case of .UK domain names), you understand and accept that by requesting a domain name unlock that the domain name may be targeted and transferred by a bad actor causing a change of domain name ownership. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM OR WHERE A BAD ACTOR INITIATES A TRANSFER OF OWNERSHIP.

You further agree that if any of your domain names expire followed by being renewed, for any reason and by any party or system, our registrar Tucows Ltd trading as Enom state that any transfer of the affected domain name might be prohibited for up to 46 days or where such a prohibition is not in place within the 46 day period, any transfer will not qualify for additional years added onto the expiration date though a transfer fee shall still be generated and owed to us.

PRIVACY POLICY

You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. Please click here if you would like your WHOIS information made available for bulk access. We reserve the right to discontinue providing bulk WHOIS data access to third parties.

OWNERSHIP OF INFORMATION AND DATA

You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

AGENTS AND LICENSES

You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

LIMITATION OF LIABILITY

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED POUNDS (£400.00 UK Pounds). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY

With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.

REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of England. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the United Kingdom via Arbitration provided by the Advisory, Conciliation and Arbitration Service in England. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where we are located, currently Bellevue, W.A.

NOTICES: You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

INFANCY: You attest that you are of legal age to enter into this Agreement.

GENERAL: This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

7. DATA BACKUPS

Black Moon Hosting performs nightly backups of hosting accounts; however, these backups are for Black Moon Hosting’s own administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Black Moon Hosting does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Black Moon Hosting’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Our primary backup system relies solely on JetBackup. If your hosting plan contains the word ‘Hosting’ or is named “Lunar Basic”, “Lunar Enhanced” or “Lunar Premium” we afford you the luxury of being able to perform a manual JetBackup backup at anytime via your client control panel. If your hosting plan does not conform to this naming convention then you may request a JetBackup backup by contacting us at anytime for a small fee. We do not utilise the default cPanel backup system for the purpose of generating account backups. Should you wish our team to manually generate a JetBackup backup, be advised that such requests will incur a fee. Before initiating such a request, we recommend consulting with our Billing department to obtain a precise price quote.

You may not use your hosting account as a backup solution. Our Services are designed to host your website only and may not be used as a data repository. Black Moon Hosting reserves the right to remove backups from your hosting account with or without notice.

We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.  cPanel generated backups stored on the server will be automatically deleted after fourteen (14) days.

While our Backups system supports almost any characters for filenames (UTF-8), there are special characters/symbols that are generally best avoided as there are specific limitations across various filesystems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help determine and avoid errors regarding filenames and your backups.

Link: https://blackmoonhosting.com/billing/index.php/knowledgebase/140/Characters-to-Avoid-When-Naming-Files-and-Folders.html 

While our Backups system generally performs backups for any files or folders, there are exceptions of files and folders that are excluded as there are specific limitations across various filesystems and storage destinations that can cause unintended issues with your backups. This list is not exhaustive and is meant to help avoid errors regarding your backups.

Link: https://blackmoonhosting.com/billing/index.php/knowledgebase/142/Which-files-and-folders-are-not-backed-up-by-Jetbackup.html 

8. UNSOLICITED EMAIL (SPAM)

SPAMing, or the sending of unsolicited email, from a Black Moon Hosting server or using a return email address that is maintained on a Black Moon Hosting server, is STRICTLY prohibited. Using SPAM to advertise a site hosted on Black Moon Hosting’s network also constitutes as a violation of this provision. Black Moon Hosting will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.

For anyone intentionally spamming on our systems, we reserve the right to bill them at a rate of £70/hour for any cleanup, research, and related work from their illegal activities.

9. SUPPORT ABUSE

At Black Moon Hosting, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Black Moon Hosting will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. Black Moon Hosting will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

10. CANCELLATIONS

Our Billing department processes cancellations. A cancellation request must be submitted via the client area to cancel an account. Once we receive your cancellation request, our Billing department will confirm your request and process your cancellation shortly thereafter.

We require all cancellations to be requested through the cancellation form inside your client area in order to (a) confirm your identity. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

You understand that cancellation requests made by you to us can only be actioned where you have fulfilled your contactual obligations for the service that you are cancelling such as where there is a minimum term contract, and/or where you have not paid, in full, for the monies owed under the terms of the contract or other similar situations.

In order to cancel a service you must provide at least five (5) days notice of your wish to cancel the service in order for us to process your request in good time. Where under five (5) days notice is given by you we cannot guarantee that the cancellation request will be finalised before your next scheduled payment of that service.

Where you request cancellation of a service and/or invoice and this cancellation request is accepted and confirmed as cancelled by us in your Client Area, you understand that where you elected to pay for such a service/invoice with the PayPal payment option, it is your sole responsibility to elect to cancel any associated payments via your account with PayPal. It is in no way our responsibility to manage your monetary affairs.

11. PAYMENTS AND BILLING

We will provide you with at least ten (10) days’ notice of your renewal pricing before the payment due date for monthly, annual, or longer-term plans, though this is a routine administrative function that should not replace your own due diligence as to when, what or how payment is taken in accordance with your usual payment cycle. Unless otherwise provided, Black Moon Hosting will automatically bill your payment method on file as follows: 

– seven (7) days before the payment due date;

– on the payment due date (if the first payment attempt failed for any reason);

– three (3) days after the payment due date (if the second payment attempt failed for any reason).

You expressly acknowledge, agree, and authorise us to automatically bill the applicable fee and/or charge your credit card or other payment methods on file for each Renewal Term, unless, where you have fulfilled your contractual obligations to us, you terminate or cancel the Services prior to such charge as provided in this section. All fees are billed in Great British Pounds (“GBP”) as a baseline currency and as such are subject to change with prior notice to you such as where we update our pricing, or if applicable, external factors such as fluctuations to the currency exchange rates or changes in the consumer price indexes. 

Black Moon Hosting is only able to automatically collect payments from customers with credit cards stored on file. All other payment methods (e.g. PayPal one-time payments) must be initiated manually by you. It is your responsibility to ensure that all fees are paid no later than their payment due date.

Current rates for using the Services may be obtained on our web site at www.blackmoonhosting.com. Black Moon Hosting reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, Black Moon Hosting may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If Black Moon Hosting does not receive the full amount of Client’s Service account balance, Black Moon Hosting may suspend and/or terminate Client’s account immediately without further notice to Client.

Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorised use of the Services until Client notifies Black Moon Hosting by sending an e-mail with account information to request@BlackMoonHosting.com.

As a customer of Black Moon Hosting, it is your responsibility to ensure that all billing information on file with Black Moon Hosting is accurate and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. Black Moon Hosting screens all orders for fraud. In certain cases, if your account is flagged for fraud, your order will not be processed. Black Moon Hosting has no liability for not providing Services, including third-party services if your account fails the fraud screen.

You understand and agree that the payment methods that we offer to you via the Client Area are debit and credit card which may include Apple Pay on compatible mobile devices. We do not under any circumstances knowingly accept money from prepaid cards. You are solely responsible for ensuring that you, or the person so authorised within your institution, pay for any due service(s) using a debit or credit card; where a prepaid card is used we may cancel, suspend, terminate any and all service(s) without notice. This stance/action is held or taken respectively to protect our interests.

12. PRICE CHANGE

Black Moon Hosting reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice via our website before charging you with any price change on any annual or longer-term plans. It is your sole responsibility to periodically review pricing on our website and billing information provided by Black Moon Hosting through the client area, announcements page or through other methods of communication, including notices sent or posted by Black Moon Hosting.

13. LATE PAYMENTS

Any account not paid in full by the end of the Term will be given a one (1) day grace period. If payment is not made within the one (1) day grace period, Black Moon Hosting reserves the right to suspend your Services. Black Moon Hosting reserves the right to terminate Services four (4) days after the payment due date.

Black Moon Hosting is not responsible for any damages or losses (including any data) as a result of suspension or termination for non-payment of your account. In addition, Black Moon Hosting reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full. 

Where a service is not paid for within the aforementioned one (1) day grace period, a £14.00 late payment fee shall be applied to your invoice. This fee covers are reasonable endeavours to manually reinstate your service to fully working order. Failure to pay the late payment fee will mean that the service so affected cannot be reinstated.

Where a service is not paid for within the aforementioned four (4) day grace period, a £14.00 late payment fee shall be applied to your invoice. This fee covers are reasonable endeavours to manually reinstate your service to fully working order. Failure to pay the late payment fee will mean that the service so affected cannot be reinstated.

14. DUPLICATE PAYMENTS

A “duplicate payment” is identified as any payment made more than once by a customer for a service, either inadvertently or due to system errors, utilising a credit/debit card or via PayPal. Common instances of such occurrences (but not limited to) involve active PayPal subscriptions where a customer attempts a manual payment ahead of the automatic PayPal subscription.

Automatic Credit

Upon detection of a duplicate payment by our system, the excess amount is automatically allocated to the customer’s Black Moon Hosting account as account credit, pending further action or notice by the customer. The excess amount is displayed on accessing an unpaid invoice with the option of using said excess amount as a credit towards payment of the invoice. If no unpaid invoices exist you can contact us to see what your credit balance is with us.

Refund Options

In the event of a duplicate payment, you are presented with two options:

1) Full Refund as Account Credit:

You are entitled to a complete refund of the duplicate payment, which will be credited to your Black Moon Hosting account. This credit is applicable to any future purchases or active services with Black Moon Hosting.

2) Partial Monetary Refund:

Alternatively, you may opt for a partial refund of the duplicate payment. In this scenario, transaction fees imposed by the payment gateway will be retained by Black Moon Hosting, and the remaining balance will be refunded to your original mode of payment.

Notification Period

You are required to inform Black Moon Hosting of any duplicate payment within a period of fourteen (14) working days from the payment date.

Should Black Moon Hosting be notified of a duplicate payment beyond the 14-day period, the option for a monetary refund will no longer be available. The duplicate amount will remain as a credit in your Black Moon Hosting account.

15. MONEY-BACK GUARANTEE AND REFUND POLICIES

Duration and Scope of Guarantee:

30-Day Money-Back Guarantee is applicable exclusively to: Website hosting

The countdown to the end of the guarantee begins from the activation date of the account, not the order placement date.

Exceptions to the Guarantee:

The Money-Back Guarantee does not extend to:

– Add-on services: administration work, Dedicated IP address, SSL Certificate, SiteLock Website Security, SpamExperts E-mail Services, Margetgoo SEO Services, LiteSpeed Web Server Licence, cPanel Licence, CloudLinux Licence, Imunify360 License, Cloud Remote Backup, MailChannels Outbound Email Filtering, Block Storage, Disk Space Add-on, Turbo+ Boost Add-on, Resources Boost Add-on, Lunar One service package, Inodes Add-on, Account funds, Domain registration, domain transfer, or domain name ID Protection, Paid support or migration services, Web Design and SEO services

Renewal of services of any type does not fall under the ambit of the guarantee.

If there’s any breach of our Terms of Service, Service Agreement, or other policies, the Money-Back Guarantee stands null and void.

General Refund Policies:

After the Money-Back Guarantee period, Black Moon Hosting upholds a no-refund policy.

Any credits applied to Black Moon Hosting accounts are non-refundable. They remain active for two (2) years after terminating the last hosting account. Failure to utilize the credit within this period results in forfeiture, with no liabilities falling on Black Moon Hosting.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled, and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. The same policy applies if you purchase a second service similar to one that is already active in your account. Violations of this Agreement will waive your rights under the refund policy. 

16. Introductory Offer Eligibility

Introductory Offers (“Introductory Offers”) are provided by Black Moon Hosting to encourage the launch of new websites on our platform. These offers are accessible to both new customers creating a new account and existing customers commencing a new and separate project (“New Website”).

Introductory Offers are designed to facilitate and support the growth of new initiatives by providing an advantageous starting rate. Existing customers may avail themselves of these Introductory Offers only when setting up a New Website distinct from any other project or service currently active in their account.

Existing websites (“Existing Websites”) that are already hosted under an existing customer’s account are not eligible for Introductory Offers. These projects must adhere to the standard or renewal pricing applicable at the time of service continuation or upgrade.

To maintain equity and the integrity of our promotions, existing customers may not transfer or re-register an Existing Website into a new account or under a new project for the purpose of claiming Introductory Offers.

In the event of such a violation, the offending account(s) may be subject to immediate suspension or termination, and any transactions associated with the violation will not be eligible for a refund, including but not limited to refunds within the standard 7 or 45 day money-back guarantee period offered by Black Moon Hosting.

17. Free Migration Policies

Our Migrations Team will make every effort to help you move your website(s) to us. Migrations are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in the transfer of data from an old host. The free migration service is available for sixty (60) days from your sign up date. Migrations outside of the sixty (60) day period will incur a charge; please contact a member of our Support department to receive a price quote. In no event shall Black Moon Hosting be held liable for any lost or missing data or files resulting from a transfer to or from Black Moon Hosting. You are solely responsible for backing up your data in all circumstances.

18. Free Domain Name Policies

Customers who sign up for a 12-month hosting plan are eligible to receive a complimentary domain registration for one year. This free offer does not apply to an existing domain name that you wish to transfer in to us from another domain name provider. The free offer does not apply to domain name renewals beyond the first year.

Domain Registration: The complimentary domain registration is applicable only for the select extensions, or top-level-domains, of .CO.UK, .UK and .COM. Other top-level-domains will incur a charge which can be found by selecting the domain name option from our menu. If the top-level-domain you require is not listed here you should contact us for a quotation.

The free domain name must be registered at the time of sign-up and is available exclusively for new customers. Unless indicated differently, this promotional offer is limited to the first year of registration. Domains will renew at our standard rates after the initial promotional period.

Domain Transfer: Domain name transfer prices vary according to the top-level-domain. To see our renewal pricing you can select the Domains option from our menu. Once a domain name is transferred in it will renew at the advertised rate on the Domains page.

Domain name renewal: All domain names that you register or transfer in to us automatically renew annually for the amount advertised on our domains page. It is industry standard practice to automatically renew domain names unless you expressly state you wish to cancel the domain name renewal in accordance with our cancellation policy.

Should you opt to cancel your hosting plan within our 30 Day Money Back Guarantee period, you will receive a full refund for your payment, minus the prevailing rate for domain name registration or transfer. The current rates can be reviewed on our Domains page.

For further information or any queries regarding this promotion, please get in touch with our Sales Department before finalizing your order.

19. Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within Black Moon Hosting’s network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Black Moon Hosting reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable, or contraindicated.

20. Responsibilities and Rights of Black Moon Hosting

  • Means of Performance. Black Moon Hosting shall provide Client with the Black Moon Hosting hosting services, as described at www.Black Moon Hosting.com hereto. Black Moon Hosting has the right to control and direct the means, manner, and method by which the host services are performed. Currently, the server locations for Web Hosting, WordPress Hosting, and Reseller Hosting are San Francisco, New York, London, Singapore, and Bucharest. The server locations for VPS Hosting are: San Francisco, New York, Toronto, London, Amsterdam, Bucharest, Bangalore, and Singapore . Black Moon Hosting retains the right to alter the default location for accounts at its discretion as needed.
  • Support. Black Moon Hosting shall provide a reasonable level of technical support to Client via email or LiveChat for the term of this Agreement.
  • Uptime Guarantee. “Uptime” refers to the amount of time the Services are available, as measured solely and only by Black Moon Hosting’s internal monitoring systems. We will not accept third-party uptime monitoring systems as evidence that you are entitled to a compensation. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by Black Moon Hosting’s internal monitoring systems. Black Moon Hosting guarantees networking and services connectivity uptime of 99.99% on an annual base. If we fall below the guaranteed uptime, we will compensate you as follows:
    • 99.99% – 99.00% uptime: 1 month free hosting
    • An additional month of free hosting for every 1% of uptime lost below 99.00%

In the event such level of service is not provided, Black Moon Hosting will offer a compensation as determined in the chart above, and only for your Black Moon Hosting hosting Services, but not for any of the following products and additional services: domain name registration, software licenses (WHMCS, LiteSpeed, cPanel, CloudLinux, Imunify36), set up fees, Automated remote backups, SSL Certificates, labor charges, and other services which are unrelated to hosting service Uptime.

Compensation is limited to the length of your current billing cycle, but cannot exceed twelve months for the affected hosting services.

To receive compensation, You must make a request by creating a ticket within your Client Area. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by Black Moon Hosting within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Black Moon Hosting, compensation will be applied to Your Black Moon Hosting account within thirty (30) days of receipt of the request.

The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Black Moon Hosting to provide credit to You:

  1. emergency maintenance
  2. scheduled maintenance
  3. system or hardware upgrades
  4. domain name system (DNS) problems outside of Black Moon Hosting’s control
  5. issues with FTP, POP, IMAP, or SMTP customer access
  6. Acts or omissions by You or any of Your employees or agents, resulting in downtime
  7. Any negligence, willful misconduct, or use of the services in breach of Black Moon Hosting’s Acceptable Use Policy
  8. Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Black Moon Hosting servers
  9. Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events
  10. Downtime caused when you reach out the maximum resources allocation for your plan.
  • Other Work. Black Moon Hosting has the right to perform and license products to others during the term of this Agreement. Black Moon Hosting may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. Black Moon Hosting reserves the right to block any site hosted by Black Moon Hosting that contains any content that Black Moon Hosting deems in its sole discretion to be unacceptable or undesirable.

21. Responsibilities and Rights of Client

  • Client. Client represents and warrants that (i) Client is at least eighteen (18) years of age, (ii) Client possesses the legal right and ability to enter into this Agreement, and (iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Black Moon Hosting Clients’ use of Services. Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide Black Moon Hosting with the accurate, complete and updated information required by the registration of the Black Moon Hosting host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify Black Moon Hosting within thirty (30) days of any changes in Client’s Registration Data.
  • Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Black Moon Hosting will have the right, in its sole discretion, to suspend or terminate immediately any Services.
  • Fees and Expenses. Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.
  • Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, the Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes Black Moon Hosting to delegate the authorizations Client provides to Black Moon Hosting to its third party service provider(s) as Black Moon Hosting deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. The client also agrees that all reference to “Black Moon Hosting” within this Agreement and any incorporated terms are also deemed to include, where applicable, Black Moon Hosting’s agents, such as the third party service providers.
  • Advertising, Solicitation, and Client Name Harvesting. The client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Black Moon Hosting clients or other Internet users unless the Client receives the express permission of such individuals. The client may not use the means of unsolicited advertising to advertise a site hosted on the Black Moon Hosting network. The client may not use the Services to collect or “harvest” user-names of Black Moon Hosting clients or other Internet users without the expressed prior permission of the member. Black Moon Hosting reserves the right to block or filter mass email solicitations sent from sites hosted on the Black Moon Hosting network.
  • Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, Black Moon Hosting’s then-standard Terms of Service (“TOS”) and any generally applicable guidelines and service standards published by Black Moon Hosting. Client warrants that its site hosted on the Black Moon Hosting network (i) will conform to the Black Moon Hosting TOS attached hereto as Exhibit A; (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. Black Moon Hosting shall have no obligations with respect to the content available on or through any site hosted on the Black Moon Hosting network, including, but not limited to, any duty to review or monitor any such content. Black Moon Hosting reserves the right to block any site that violates any of the above-stated terms, or which in Black Moon Hosting’s sole discretion, Black Moon Hosting deems objectionable or offensive, or otherwise violates a law or Black Moon Hosting policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
  • Compliance Laws. Client agrees that it will use the Services only for lawful purposes and in accordance with this Agreement. Client will comply at all times with all applicable laws and regulations and the TOS, as updated by Black Moon Hosting from time to time. The TOS are incorporated herein and made a part hereof by this reference. Black Moon Hosting may change the TOS, with notice, which notice may be provided by posting such new TOS at the Black Moon Hosting Site. Client may request a current copy of the TOS by sending a request to Black Moon Hosting which is a supplementary process. Client agrees that it has received, read and understands the current version of the TOS.
  • Proprietary Rights. Unless otherwise specified, all work performed hereunder by Black Moon Hosting, is the property of Black Moon Hosting, and all title and interest therein shall vest in Black Moon Hosting. To the extent that title to any such works may not, by operation of law, vest in Black Moon Hosting all rights, title, and interest therein are hereby irrevocably assigned to Black Moon Hosting. All such materials shall belong exclusively to Black Moon Hosting, and Black Moon Hosting shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give Black Moon Hosting and any person designated by Black Moon Hosting such reasonable assistance, at Black Moon Hosting’s expense, as is required to perfect the rights defined in this paragraph.

22. Limitation of Liability, No Other Warranty, and Disclaimer

  • Limitation. In the event that any limited guarantees are provided by Black Moon Hosting, such limited guarantees are null and void if Client fails to follow Black Moon Hosting’s TOS and other policies or otherwise breaches this Agreement in any respect.
  • Backups. Black Moon Hosting performs nightly backups of Web Hosting, Reseller Hosting, and WordPress Hosting servers; however, these backups are for Black Moon Hosting’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Black Moon Hosting does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Black Moon Hosting’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
  • No Other Warranty. Black Moon Hosting does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained therefrom is at Client’s own risk. The Services are provided on an “as is” basis, and Client’s use of the Services is at its own risk. Except as provided in the order form(s), Black Moon Hosting does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. Black Moon Hosting does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure.
  • Disclaimer of Actions Caused by and/or Under the Control of Third Parties. Black Moon Hosting does not and cannot control the flow of information to or from Black Moon Hosting’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt Client’s connections to the Internet (or portions thereof). Black Moon Hosting cannot guarantee that such events will not occur. Accordingly, Black Moon Hosting disclaims any and all liability resulting from or related to such events.

23. Indemnification

Client agrees to indemnify, defend and hold Black Moon Hosting and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of Client’s violation of this Agreement, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will Black Moon Hosting or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.

In no event will Black Moon Hosting or its third party service providers be liable to Client or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by Black Moon Hosting. Black Moon Hosting and its third party service providers will under no circumstances be liable to Client and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if Black Moon Hosting or its third party service providers has been advised of the possibility of such damages, resulting from (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any user data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. Client agrees that Client will not in any way hold Black Moon Hosting responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.

Because some countries or states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to Client, and the respective liability of Black Moon Hosting and its third party service providers, employees, distributors, and agents is limited to the greatest extent allowable under applicable law in those countries or states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Client’s remedies under this Agreement fail, then Client expressly agrees that under no circumstances will the total, aggregate liability of Black Moon Hosting and its third party service providers, employees, distributors, agents or affiliates, to Client or any party claiming by or through Client for any cause whatsoever exceed £100 (G.B.P.), regardless of the form of action and whether in contract, statute, tort or otherwise.

If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter. 

Furthermore, if we are sued or threatened with a lawsuit in relation to or for matters arising out of service(s) provided to you on matters of existence, validity or termination of contract, or for tort or any other applicable legal principle, such lawsuit shall be referred to in the first instance and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Chesterfield, Derbyshire, England. The language to be used in the arbitral proceedings shall be English. The governing law shall be the substantive law of England.

23. Termination

  • Without Cause. This Agreement may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior email notice of termination. No matter which party terminates the Agreement pursuant to this Section ‘Without Cause’, any and all payment obligations of Client under this Agreement for Service(s) provided through the date of termination will immediately become due, and Client shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.
  • For Cause. In addition to any other rights it may have under this Agreement or applicable law, Black Moon Hosting may immediately terminate this Agreement or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) Client’s breach or failure to comply with the TOS or other policies of Black Moon Hosting. The client may terminate this Agreement if Black Moon Hosting breaches any material term or written notice of same. If this Agreement is terminated by Black Moon Hosting under this Section 7.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, Black Moon Hosting reserves the right to prohibit any conduct or to remove any materials or content in violation of the TOS or which Black Moon Hosting believes in its sole discretion to be illegal or potentially harmful to others or may expose Black Moon Hosting to harm or liability.

No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Agreement in accordance with its terms.

Survival. The following provisions will survive any expiration or termination of the Agreement: Sections named ‘Responsibilities and Rights of Client’, ‘Limitation of Liability No Other Warranty and Disclaimer, Indemnification’, ‘Termination’, ‘Agreement Assignment’ and ‘Support Abuse’

IP Address. Upon expiration, cancellation or termination of this Agreement, Client shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to Client by Black Moon Hosting or its network services supplier (but not the URL or top level domain connected therewith). Black Moon Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

24. Agreement Assignment

Assignment. The client may not assign this Agreement or any of Client’s rights or obligations hereunder without the prior written consent of Black Moon Hosting, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties’ respective successors and permitted assigns.

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by UK mail, return receipt requested; (4) on the delivery date if transmitted by confirmed email.

If to Black Moon Hosting:

request@blackmoonhosting.com

If to Client:

To Client address provided at account set-up.

Governing Law. This Agreement and all future agreements Client may enter into with Black Moon Hosting, unless otherwise indicated on such other agreement, will be governed by the laws of England, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Black Moon Hosting in England or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Client agrees to submit to the personal and exclusive jurisdiction of the courts located within England. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.

Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

Severability. In the event any one or more of the provisions of the Agreement or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

Force Majeure. Black Moon Hosting and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

Terms of Services. Client agrees to be bound by Black Moon Hosting’s TOS for all Services and products used by Client. The current TOS can be found on Black Moon Hosting’s website at https://BlackMoonHosting.com. Should Client disagree with any updates to Black Moon Hosting’s TOS, it is Client’s responsibility to notify Black Moon Hosting of Client’s desire to terminate their Services immediately.

Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS AGREEMENT AND Black Moon Hosting’S TOS IN THEIR ENTIRETY. BY USING THE SERVICES, CLIENT AGREES TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS AGREEMENT AND THE TOS. CLIENT’S ONLY RECOURSE IN THE EVENT OF A DISAGREEMENT IS TO TERMINATE THIS CONTRACT IMMEDIATELY IN ACCORDANCE WITH SECTION NAMED ‘TERMINATION’ HEREIN.

Entire Agreement. This Agreement and the exhibits referenced herein set forth the entire agreement and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or another document, unless the party to be bound thereby specifically agrees to such provision in writing.

No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.