Terms of Service
Terms of Service:
This brief outline is to aid your understanding of NEWMOON’s Terms of Service. The complete Terms of Service you will be bound to are below. All clients are requested to read our terms of service before ordering or using services.
Newmoon provides shared hosting, reseller hosting, virtual private servers, dedicated servers, software licenses, website designing and domain registration. All customers should agree on all terms & conditions stated prior to their signing up for any of the hosting plans & services mentioned on New Moon Web Solutions. You shall agree to use only licensed & legal third party software’s in connection with your use of our services. New Moon Web Solutions reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when Newmoon decides that the account has been inappropriately used or otherwise.
1. Billing and Payment: The billing process related to your Service is as follows:
You agree to supply appropriate payment for the services received from M/s Newmoon, in advance of the time period during which such services are provided.
(a) Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.
(b) Invoices are generated 10 days before the date they are due. At our sole discretion, email reminders may be sent at 7 days, 4 days and 1 day before the due date to your last known email address. If your Account is set up on auto billing, your payment method will be charged two (2) days prior to the Due Date.
(c) All invoices are emailed and are available in your Account panel. Invoices are not sent via email. We do not contact customers via phone to discuss billing issues.
(d) If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be disconnected/suspended at midnight the day it is due date and your account will be assessed a $5 late fee.
(e) A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer’s favor will receive account credit for over-payment.
(f) ChargeBack Fees. We must approve any chargeback on your credit card or PayPal account. If any chargebacks occur on your credit card or PayPal account we reserve the right to charge a $25 chargeback fee and terminate all Service and recycle your server(s) without notice.
(g) Failure to make payment within 24 hours of the time we disconnect/suspend your Service will result in your Service being terminated and no longer data backup or restoration is possible after 24 hours of due date.
2. Account Setup:
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary (registered) email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with New Moon Web Solutions, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. New Moon Web Solutions is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email or Online chat. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
4. Customer-Supplied Content:
All services provided by New Moon Web Solutions may only be used for lawful purposes. You may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials (“content”) and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the newmoonweb.net Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations. New Moon Web Solutions reserves the right to refuse service and/or access to its servers to anyone. Transmission, storage, or presentation of any information, data or material in violation of any USA law is prohibited. The list of banned content includes, but is not limited to:-
4.1 Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
4.2 Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above.
Also includes any sites which provide “links to” or “how to” information about such material.
4.3 Prohibited Contents also includes, but is not limited to:
- Proxy software
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
New Moon Web Solutions reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
5. Abuse Of Resources :
5.1 Any attempts to compromise or actual compromise of a network device belonging to newmoonweb.net or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
5.2 Denial of Service (DOS) attacks directed at New Moon Web Solutions, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
5.3 Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
5.4 The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
5.5 The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
5.6 Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.9% up time we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
5.7 If any client is in any way disrespectful towards any member of the New Moon Web Solution’s staff we have full right to remove them from our services without any refund.
6. Backups :
Newmoon will make every reasonable effort to protect and backup data for client on a regular basis, however Newmoon does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
7. Data Transfer:
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
8. Security :
You are responsible for any misuse of your account therefore; you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
9. Cancellations and Refunds:
Newmoon reserves the right to suspend OR terminate, or otherwise restrict access to the account at any time with or without notice.
In case of Dedicated Server, clients can cancel their service at-least 30 days prier notice from next due date.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and New Moon Web Solutions is not responsible for any change in exchange rates between time of payment and time of refund.
9.1 Nonrefundable Fees: Fees paid by customer in connection with the purchase of Domain Registration, SSL certificates and Dedicated IP’s, Software Licenses, Website designing, Vertual private servers, Dedicated Servers, Company Registration fees, Account Credits/Funds are nonrefundable.
9.2 Free Domain Names: If client registers any domain name as part of a “Free Domain Name” in connection with the registration, Customer’s refund will be reduced by per domain name. Subscriber will retain full ownership and control of any such domain names.
9.3 Notice of Cancellation: Customers agrees to direct all cancellation requests to Newmoon via email, email@example.com. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Newmoon.
10. Governing Laws:
Any claim related to Newmoon web site shall be governed by the laws of India without regard to its conflict of law provisions.
11. Changes to the TOS:
We reserve the right to refuse, cancel, or suspend service at our sole discretion M/s Newmoon reserves the right to modify / change the terms of service at any time without notice. All customers would be bound by the newest terms published on the website.