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Moonserver Site Subscription - Terms of service

Moonserver Site Subscription - Terms of service

  1. General
    These terms apply between Moonserver AB (Moonserver) and the Customer who uses the Moonserver Site/Hosting/DNS/Domain services.

  2. Contract time
    • Moonserver Site/Hosting: The agreement runs monthly or annually. The agreement can be terminated by the customer at any time, but at least thirty days before the new payment period is to begin. The agreement is automatically renewed for a new period 30 days before the existing agreement expires.
    • Domains: The agreement runs annually. All domains must be terminated by the customer to prevent them from being renewed by Moonserver and a new period starting. Termination of domains must be done at least 30 days before the existing period expires. If you register .se and/or .nu domains, the customer hereby approves the terms for these domains:
      https://internetstiftelsen.se/en/domains/how-to-register-a-domain-name/terms-and-conditions-for-se-and-nu-domains/

  3. What moonserver does not allow on the servers
    • Customer are not allowed to compile and run software on our hosting servers.
    • Customer must not allow other websites or hosting servers to link to files stored in Customer Hosting accounts, and thus steal network traffic.
    • Customer are not allowed use their space at Moonserver Hosting to sell physical sexual services (procuring or prostitution) or to pornographic websites.
    • Moonserver do not allow background-running programs. These include any IRC-related software such as bouncers, egg drops and  bots. Moonserver provide a hosting service, not a shell service.
    • Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges are not allowed. Chat servers/scripts of any kind are strictly prohibited.Formmail is not allowed on our servers. You can use formmail scripts but they must be up-to-date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.
    • Spamming is forbidden. Moonserver will determine at our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
      • the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
      • the sending of junk mail
      • the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
      • posting commercial ads to USENET newsgroups that do not permit it
      • posting articles containing binary encoded data to non-binary newsgroups
      • excessive and repeated posting of off-topic messages to newsgroups
      • excessive and repeated cross-posting
      • e-mail harassment of another Internet Customer or Customers, including but not limited to the transmission of any threatening, libelous or obscene material, or material of any nature which could be deemed offensive
      • the e-mailing of age-inappropriate communications or content to anyone under the age of 18
      • "Spamming" is considered an explicit misuse of ethical principles and will be interpreted as a violation of them
      • The maximum number of allowed e-mail messages sent per hour is 150. There are no exceptions to this rule.

    Customer are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. 

  4. Ordering and Payment
    Payment is made directly when ordering or at a new period via bank transfer (invoice),  Stripe(VISA/MASTERCARD) or by other means by agreement. If payment is not made despite a reminder, Moonserver has the right to deactivate the customer's website and/or domain name. If no payment is made within 20 days after the invoice due date, all services received by the customer from Moonserver Hosting will be terminated. The reminders are sent by e-mail to the customer's contact address.

  5. Moonserver rights
    Moonserver has permission to make checks of the information on our customers' storage space. If a user violates Moonserver Hosting terms, Moonserver reserve the right to block the information that violates the agreement, if the violation is serious, the customer can be suspended in whole or in part, from continued use. Moonserver has the right to terminate the agreement if the Customer / customer has violated any of the points in this agreement. Moonserver also has the right to close an account if it burdens the servers / business in a serious way or if the customer threatens or is generally unpleasant towards Moonservers staff. In the event a script affects normal server and/or administrative operations, Moonserver reserves the right to disable the account pending client cooperation and resolution. Moonserver shall, as far as possible, anticipate these events and contact the customer for a common solution. All servers are adapted for the bandwidth and traffic included in Moonserver Hostings various accounts and the high load caused by this alone is not a topic for shutdown. Moonserver has the right to move an account / customer between different servers or operating systems if this improves general operation or if the Customer so wishes.

    Moonserver always registers as Admin and Tech contact when registering domain names.


  6. Moonserver responsibility
    Moonserver exercises no control over the information or materials available on Moonserver Hosting servers. Moonserver is not liable or liable for direct or indirect damages and financial losses due to errors, delays, imperfections, interruptions, non-delivery of data in the form, lack of availability or similar circumstances or events. Moonserver is also not liable for damages if someone infringes on Moonserver's computer resources and acquires access to, destroy or distort information. Moonserver shall, to the best of its ability, ensure that all hardware, software and networks function so that the services that the customer receives function satisfactorily. Free software / auto installation of software included in hosting accounts at Moonserver is a solution provided by a third party. Moonserver cannot control these features or guarantee its functionality and support for these programs is not included. The programs and versions of these programs that are available are constantly changing.

  7. Customer responsibility
    Customer undertakes to comply with Swedish legislation and the legislation in the countries where the server is located. The customer undertakes not to make unauthorized intrusion into the computer resources that are connected to the Internet in its entirety, nor at Moonserver Hosting. It is the customer's obligation that Moonserver receives a correct and functioning phone number and e-mail address to the customer.  The customer is responsible for ensuring that the information provided at registration is correct. If the Customer uses incorrect (false) information when registering, Moonserver may require identification. If the Customer is unable to demonstrate this, Moonserver has the right to close the Service and close the Customer Account.

    Customer is responsible for all actions he performs via his / her account / accounts in the form of correspondence and spam by e-mail etc. Customer is also responsible for all information he publishes on his websites or server site.  Copyrighted material must not be placed on Customer accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability for the removal of any such material.

    Customer is responsible for their own material and files in the space. The backups offered by Moonserver will be executed twice per day. 

    Any dealings with third parties (including advertisers) included within the Moonserver Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Moonserver shall not be responsible or liable for any part of any such dealings or promotions.


  8. Customer rights
    Customer are free to use any scripts you wish provided they do not affect the servers’ normal operation and are not mentioned specifically in our forbidden scripts section. Customer are only the owner of a domain name as long as the customer continue to renew and pay the annual fee. Reimbursement of fees paid is only made in cases where the termination is based on changes in functions and restrictions and which has a negative effect on the customer. The exception is the first 45 days after ordering when the customer without restrictions is entitled to a refund of his entire web hosting cost. Domain registration and other services are not included in the web hosting cost.

    When a limited Hosting accounts permitted traffic volume / bandwidth approaches (80-95%), a message is sent to the contact e-mail address specified by the customer.

    Refund Policy - Moonserver Hosting accounts are set up on a prepay basis. In case you are not satisfied with our hosting services, you can submit a refund request via a support ticket to the Sales department from Moonservers Customerzone, and receive a full refund for your hosting plan within 45 days of the account purchase. Any other form of cancellation request will not be accepted. Any incentives offered to customers upon sign-up will also be cancelled. However, domain name registrations/ transfers and upgrades are treated as non-refundable services and cannot be cancelled or refunded after being activated per customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar. Other third party services like WHMCS licenses and SSL certificates are also NON-refundable. Late cancellations as well as accounts cancelled by Moonserver due to TOS violations, in which the customer decides not to fix the violation, do not qualify for the 45-day money back guarantee.
    All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by support ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service.

    Extensive operational disruptions: In the event of extensive operational disruptions, the Customer has the right to request compensation within the framework of what the Customer pays. Compensation is paid primarily through a free extension of the Service. Extensive operational disruptions include continuous or extensive interruptions during ten(10) hours of a period of thirty (30 days). Requests for compensation must be received no more than seven (7) days after the disruption. Planned interruptions do not count as a malfunction.


  9. Excessive resource user policy
    Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. Moonserver offers a cloud hosting service environment in which customers may share resources with other customers, therefore it is imperative that Moonserver control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources.

    A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: CGI scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account, which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Moonserver will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their Control Panel.


  10. Force majeure
    Moonserver shall be exempt from damages and other penalties if the performance of the agreement is hindered or hindered by any circumstance - such as e.g. war, government intervention, disturbances,restrictions on energy supply, labor market disruptions, bans, restrictions, missing permits, accidents, unfavorable transport or weather conditions or missed deliveries from subcontractors - which Moonserver could not reasonably foresee at the time of the conclusion of the agreement and whose consequences Moonsver could not avoid or overcome.

  11. Support
    Customers at Moonserver receive free E-Support by contacting the support via e-mail or via Moonserver's Customerzone. Support is always guaranteed to the customer in cases where Moonserver may be responsible for errors in technology or installation. Help with using the functions offered in the control panel is also provided. Of course, Moonserver also helps in other matters as far as possible. Support through Moonserver's Customer Zone can always be reached 24 hours a day, with the exception of Swedish major holidays.

  12. Dispute
    Disputes concerning the interpretation or application of this agreement shall be settled by a Swedish court in accordance with Swedish law.

  13. Amendments to the agreement and pricing
    These Moonserver Site/Hosting terms of service can be changed at any time. Any changes to the terms will take effect immediately after they have been published on our website. Changes replace the old agreement. Moonserver has the right to change prices for services and products as well as adjust restrictions on services and products provided to customers, any price adjustment will always be published on our website.

Last modified: 2021-08-10
Moonserver AB