Hosting Terms and Website Use Summary

This website and all graphics, code, images, copy and any other are "Content" is owned by LunaWebs.com, Inc. (Luna) No part may be reproduced by any process without written consent from the website owner(s).

You must be 18 years of age.
Luna Hosting is catered to families and legal wholesome businesses.
No pornographic, adult, or sex-related content, graphics, pictures or links to such material allowed.
Any child pornography related sites will be reported to the FBI immediately.
No sexual orientation sites or sites that imply any sexual content (i.e. sites that promote adultery in any fashion - whether heterosexual, homosexual, lesbian, transsexual, etc.) will be immediately removed.
No spamming (unsolicited bulk email) allowed.
We fine a minimum of $1000 for unsolicited bulk email messages sent to us.
No offensive content, defamatory or abusive language.
You may not use your account directly or indirectly to perform or assist in illegal activities.
All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
You must retain accurate contact information to avoid having your account terminated.
Any violation found or fraudulent activity that system personnel deem inappropriate may have your account immediately terminated without notice and any recorded evidence reported to authorized persons.
If you terminate your contract prior to its term, you may be disqualified from current promotional or advertisement campaigns.
Luna will not be held liable for direct, indirect, incidental, special, consequential or exemplary damages.
If you discover anyone on our system violating any of these terms or notice anything suspicious from our network, report it for investigation. We will immediately terminate any account we feel has been in violation of any of these terms.
Luna has the right to terminate any account at anytime for any reason at its own sole discretion. Luna is the only party allowed to make any interpretation of these terms.

Terms Details - Hosting Policy & Service Guidelines

Cancellation policy for hosted accounts:

Setup fees are nonrefundable. If you choose to pay monthly, you may cancel your account at any time. If you choose to pay yearly, you may also cancel at any time. All periodic charges (that is, monthly, semi-annually, annually, etc.) or charges for prepaid plans are to be paid in advance and are non-refundable. This includes all setup and service fees. No prorated refunds will be given for fees paid in advance.

Luna does not charge a fee for shared hosting cancellations. In addition - all of our shared hosting accounts are month to month. You can cancel at anytime without penalty.

However:

When you cancel your hosting account - there is no guarantee we will be able to restore your account.
In some cases - we may have an archive if website files in our backup system.
This archive requires time to retrieve and further investigation and programming to restore by one of our engineers.
There is a restore fee of $1500
This fee does not guarantee your website will work exactly as it did when you canceled.
In most cases - we cannot restore within 3 months after cancellation.
We are not responsible for your website files, website programming or configuration.
It is the responsibility of your webmaster or web vendor to ensure backups of your website, etc.

We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

Content:

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

Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. We will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites

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

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, is strictly prohibited.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All sub-networks, intranets, extra-nets, distributive hosting sites and dedicated servers must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Registration Agreement

Fees
As consideration for the domain name registration and web hosting services provided by Luna, you shall pay all applicable initial registration fees and renewal fees. At the renewal date of your services, it is your responsibility to ensure that all fees are paid. To find out the renewal date of your domain name you can do a whois lookup at the following site: http://www.nsiregistry.com. If you choose to cancel your domain name or yearly web hosting package, you are required to do this 30 days before the yearly anniversary date of your registration to avoid charges being placed on your account. Submit this request by emailing

. You may cancel a monthly hosting account at any time using the same form. You agree that Luna may cancel or reassign the domain name in the event of delinquency.
Use Of Your Information
We require that you provide and update certain information. This information includes your name, organization or business name, email address, mailing address, telephone number, and credit card information. You are fully responsible for updating all of this information. You acknowledge that Luna will make some of the information that you provide during the registration process publicly available as required by ICANN (Internet Corporation for Assigned Names and Numbers).
Use Policies
Luna reserves the right to suspend or cancel your hosting account in the event that you use the hosting account to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your web site in connection with any unlawful activity.
Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are bound by all terms and conditions provided herein.
Limitation of Liability
You agree that Luna or lunawebs.com will not be liable to you or any other person for any loss that may occur due to (a) any loss of registration of a domain name, (b) the use of your domain name, (c) access delays or access interruptions to Luna’s registration system; (d) the non-delivery or mis-delivery of data between you and Luna; (e) events beyond Luna's control; (f) the processing of this application; (g) the processing of any modification to the record associated with your domain name, (h) the failure of you or your agent to pay any fees hereunder; or (i) the application of the dispute policy. Further, Luna will not 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 Luna has been advised of the possibility of such damages. In no event shall Luna's maximum liability exceed the total amount paid by you to Luna.
Breach and Revocation
Any breach by you of the Agreement must be remedied by you within 30 days of notice by Luna. If you fail to cure the breach, Luna may revoke your registration of the domain name and / or hosting package.
Governing Law
This Agreement shall be governed by the laws of the State of Utah. Any action relating to this Agreement or to your use of the lunawebs.com web site shall be brought exclusively in the courts of Utah in the USA.

General Information

As a provider of Internet access, web site hosting, and other Internet-related services, Luna offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Luna respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Luna reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Luna has developed a Terms of Use Agreement ("TUA"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Luna's services. This TUA will be revised from time to time. A customer's use of Luna's services after changes to the TUA are posted on Luna's web site, www.Luna.com, will constitute the customer's acceptance of any new or additional terms of the TUA that result from those changes.

Privacy Policy

Lunawebs.com also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Luna urges its subscribers to assume that all of their on-line communications are insecure. Luna cannot take any responsibility for the security of information transmitted over Luna's facilities. You acknowledge that Luna does not pre-screen Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Lunawebs.com will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Luna may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Luna may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Luna assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Luna may disclose subscriber information or information transmitted over its network where necessary to protect Luna and others from harm, or where such disclosure is necessary to the proper operation of the system.

Other Services

It is understood that other companies and agencies provide domain name registrations, and other various services (the "Other Services"). Many of these companies and agencies provide these Other Services for a fee. These Other Services are excluded from the Services provided for by Luna. Furthermore, Luna shall not be liable to the Customer for fees paid by Customer for these Other Services. However, if Luna pays these fees on behalf of the Customer, the Customer shall reimburse Luna according to the payment policies of Luna.

Section II -TUA Violations

Lunawebs.com may, at any time, cancel any account for violation, in whole or in part, of any portion of this Terms of Use Agreement. Luna will be the sole arbiter as to what constitutes a violation of this Agreement. The following is a list of violations:

Spamming

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account cancellation. Luna will not tolerate spam originating from our servers or for spam advertising of domains hosted on our servers.

Newsgroup Spamming

Commercial advertisements are not welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not.

Mail Bombing

Sending numerous copies of the same or substantially similar messages with the intent to disrupt a server or account.

Forging of Headers

Forging, altering or removing electronic mail message headers, whether in whole or in part, for the purpose of masking the originator of the message is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.

Defamatory or Abusive Language

Using Luna's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Illegal or Unauthorized Access to Other Computers or Networks - "Hacking"

Accessing computers, accounts, or networks belonging to another entity or individual, or attempting to penetrate security measures of another entity or individual's system illegally and/or without authorization is strictly prohibited. Also, port scanning, stealth scanning, or any other information gathering activity that might be used as a precursor to an attempted system penetration is strictly prohibited.

Offensive Content

Providing material that is grossly offensive to the Web community including:

Blatant expressions of bigotry, racism, hatred
Promotion of violence or physical harm or injury against any group or individual
Displaying material containing obscene nudity or pornographic material
Displaying material that exploits children under 18 years of age
Promoting or providing instructional information about any illegal activity
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish. However, we reserve the right to disable any CGI script that effects normal shared server operation.

IRC

We don't allow IRC or IRC bots to be operated on our servers.

Any Illegal Activities

Engaging in any activity that is determined to be illegal. This includes, but is not limited to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software or other copyright protected material.

Other Activities

Engaging in activities, whether lawful or unlawful, that Lunawebs.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Section III - Payment and Cancellation

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees and fees for major account changes are non-refundable. Lunawebs.com reserves the right to change prices at any time. However, all pricing is guaranteed for the term of pre-payment. Changes to the length of the billing cycle can only be made at the end of the billing cycle.

Example: Your account is setup to bill your credit card quarterly. You decide you'd rather be billed monthly. You have already pre-paid for one quarter. (3 months) The change to the billing cycle needs to be made within the 30-day period prior to the end of the quarter for which you've already paid.

Any account not brought current within seven (7) days of e-mail notice is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time it is closed. All payment shall be made in U.S. currency.

To receive a refund, simply notify us by e-mail including the following information sent to:

Domain name
Owner's full name
Owner's full address
Reason for closing account
Last four digits of the credit card on file

Cancellations

Lunawebs.com reserves the right to cancel service at any time.

All requests for cancellation will be validated prior to cancellation. Your refund will be credited to your account within 3 to 5 business days.

Section V - Limitations of Liability

You expressly understand and agree that lunawebs.com shall not be held liable for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Luna had been advised of the possibility of such damages), resulting from:

The use or the inability to use the service;
The cost of procurement of substitute goods, data, information or services purchased or obtained or messages received or transactions enetered into through or from the service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service, or
Any other matter relating to the service.

Section VI - Spam Policy - Unsolicited Email (UE/UCE)

We have a ZERO TOLERANCE policy regarding SPAM and Unsolicited Email (UE/UCE). This policy applies to ALL clients regardless of their level of service.

Customers and/or users of LunaWebs/LunaWebHosting shall not or shall not allow anyone to use any part of the LunaWebs/LunaWebHosting network or systems to send SPAM or Unsolicited Email. Customers and/or users also shall not use any outside sources to send SPAM or Unsolicited Email to drive traffic to their site hosted by LunaWebs/LunaWebHosting. Examples of Spam/UCE are as follows:

Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your LunaWebs/LunaWebHosting account or e-mail alias/account of your domain to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on LunaWebs/LunaWebHosting servers to collect responses from unsolicited commercial e-mail is prohibited. This also includes using third party e-mail accounts or servers including free ones to promote ("spamvertise") your LunaWebs/LunaWebHosting based domain and redirectors for the same account.

Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your LunaWebs/LunaWebHosting based domain hosting account. This is strictly prohibited

Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

Third Party Distribution: The hiring of a third party or advertising agency that distributes bulk emails containing any portion of your LunaWebs/LunaWebHosting based account address. The domain name or even your IP address can be traced to the LunaWebs/LunaWebHosting. This will result in account termination.

Violations of this policy carry severe penalties, including termination of services. Upon Notification of first violation LunaWebs/LunaWebHosting will initiate an investigation and during this period may restrict Subscriber(s) access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this at the end of this investigation LunaWebs/LunaWebHosting will determine what is to be done with your account and could lead to termination. On second violation the same rule applies but the administrative fees will be $500.00 and the account may be immediately terminated at our sole discretion.

As our clients/users/subscriber(s) are responsible for their own action and that of their own users/clients/subscriber(s), it is in the best interest of the clients/users/subscriber(s) to implement a similar or stricter policy.

Individuals or Businesses are not allowed to email or otherwise transmit any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation to us.

We do not accept offers from individuals offering business opportunities, offshore programmers or designers even if this is a “partnership offer”.

In an event of such violation, we will bill you $1,000 US Dollars per e-mail or contact request sent for the collateral and business damages you have cost us.

We get many requests to design websites and want to make sure our time is spent on those legitimate requests.

If your reason of contact is to have us provide website design or marketing services for you then please click here to return to the contact form.

We apologize for any inconvenience this may have caused you.

By accepting this Terms of Use Agreement, you are acknowledging that there are no other guarantees or warranties, either written, spoken or implied, other than those specifically described in this Agreement.