Lunarpages Web Hosting Services Agreement:
The terms and conditions set forth herein constitute the full and complete agreement between you and Add2Net, Inc. (doing business as and hereinafter referred to as "Lunarpages") Your agreement to be bound by these terms is acknowledged by your use of the Lunarpages Web Site, Hosting Services, Support Services and/or any Lunarpages software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and Lunarpages whether oral, written or otherwise including any statements made by any representative of Lunarpages at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - Lunarpages charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
1.1.1 Set-Up Fee – This is a one time fee may that be charged in connection with the establishment of a new account.
1.1.2 Service Fee – This is the fee for your monthly, annual or bi-annual web hosting services.
1.1.3 Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
1.1.4 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
1.2 Lunarpages also reserves the right to alter, change, amend or delete fees at it's sole option. Lunarpages further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.3 Lunarpages reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. Lunarpages also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
1.4 Payment of Fees - Lunarpages accepts payment by Credit Card (Visa, MasterCard, Discover, American Express, and by personal check, cashiers check, electronic check, or money order. In addition, Lunarpages may from time to time allow additional forms of payment however the offering of a particular form of payment does not obligate Lunarpages to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.
1.5 Payment by Credit Card and Electronic Check
1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Lunarpages to charge your provided credit card or bank account and at stated regular intervals the agreed service fee amount for the stated period together with any Lunarpages set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize Lunarpages to charge your credit card or bank account for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with Lunarpages for the purpose of satisfying the Lunarpages charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Lunarpages under Paragraph 8 herein. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Lunarpages under Paragraph 8 herein.
1.6 Payment by Check, Money Order
1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States . Lunarpages is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Lunarpages. Invoices will be submitted to at the email address on file for you as a courtesy only and you agree to receive such invoices via email. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Lunarpages. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of Lunarpages under Paragraph 8 herein.
1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Lunarpages a sufficient time before the expiration of the current service period so that it reaches Lunarpages in advance of the renewal date.
1.7 Lunarpages 30 Day Limited Money-Back Guarantee
1.7.1 Lunarpages is proud to offer a 30 day guarantee period. Upon receipt by Lunarpages of proper notice from you of the termination of your account within thirty (30) days of the creation of a new account or within thirty (30) days of the renewal of an existing account, Lunarpages will refund all service fees for the new term. Terminations after this period are not eligible for refund. There are no refunds of account Set Up Fees or Domain Name Registration Fees. Lunarpages may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Lunarpages agrees to provide web hosting services according the plan selected by you upon activation of your account. Lunarpages reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Lunarpages website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Lunarpages Website located at www.lunarpages.com.
3 DOMAIN REGISTRATION AND OTHER SERVICES
3.1 Domain Registration. At Customer's request, Lunarpages may also acquire a Second-Level Domain Name ("Domain Name"), on behalf of Customer. Lunarpages will not own or otherwise control any domain name registered on your behalf under this paragraph. Lunarpages provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Lunarpages for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Lunarpages to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Lunarpages under the provision therefore elsewhere herein.
3.2 Other Services. Lunarpages offers a listing of additional services in conjunction with it’s Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Lunarpages website located at www.lunarpages.com.
3.3 Private Registration Service. Upon requesting the Lunarpages Private Registration Service you agree to be bound by the terms of the Lunarpages Private Registration Policy which may be found on the Lunarpages Website located at www.lunarpages.com. The terms of Private Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and/or termination under paragraph (8) herein.
4 ACCEPTABLE USE
Lunarpages strictly enforces compliance with its acceptable use policy which may be found on the Lunarpages Website located at www.lunarpages.com. The terms of the acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the acceptable use policy. Failure to so comply is cause for immediate suspension and/or termination under paragraph (8) herein.
5 LICENSE
Lunarpages, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Lunarpages Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Lunarpages. Any other assignment is null and void.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Lunarpages including but not limited to the Lunarpages customer service and maintenance tools. You acknowledge that all right and title to any such Lunarpages intellectual property shall remain the sole property of Lunarpages and that you have no right, title or interest therein. You further agree not to provide access to the Lunarpages services to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Lunarpages Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Lunarpages service shall also remain the sole property or Lunarpages.
6.2 During the term of this agreement you may have access to certain information and materials relating to the Lunarpages business, customers, software technology and marketing which Lunarpages treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Lunarpages; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
7 TERM
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of the presently available plans is available on the Lunarpages website located at www.lunarpages.com.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Lunarpages for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Lunarpages Acceptable Use Policy, Lunarpages may suspend your account by deactivating any access by you and/or by web users to any information contained on the Lunarpages servers related to your account while maintaining the information and data related to your account upon the Lunarpages servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Lunarpages you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.2 Termination - This agreement and all of it's terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Lunarpages servers. Such information or data may or may not be made available to you by Lunarpages after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) except as otherwise stated herein by either party upon 45 days notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, Lunarpages may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Lunarpages to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under California Law
9.0 INFORMATION USAGE AND COMMUNICATIONS
9.1 You hereby consent and agree that as to any information which Lunarpages may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Lunarpages concerning you or your account, or other information which in Lunarpages sole judgment is reasonable, Lunarpages may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Lunarpages and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Lunarpages Terms of Service or other policies.
9.2 During and after the term of this agreement you agree to receive periodic emails from Lunarpages in regards to Lunarpages or partner products, services, your account, and system conditions, changes, updates or and schedules.
9.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Lunarpages specifically including your Name, Address, Email address, telephone number billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and/or termination as set forth in paragraph eight (8) herein.
10 NOTICE
10.1 Any notice under this agreement shall be given by Lunarpages to you via email at the address provided by you to Lunarpages at the commencement of this agreement or as Lunarpages is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Lunarpages website located at www.Lunarpages.com
10.2 Any notice by you to Lunarpages shall be made by telephone to a customer service representative at 1-714-521-8150 during Lunarpages regular business hours of 7:00 a.m. to 5:00 p.m. Pacific Standard Time and is effective only upon receipt by Lunarpages of any such notice. Such notice may also be sent via United States Mail to the following Address:
Add2Net, Inc.
Lunarpages Division
100 East La Habra Blvd.
La Habra , CA 90630
