Please contact us if you have any questions regarding our policies.

1  Definitions

A: "Customer" means an end user who is utilizing services or purchasing products provided by moonSlice.

B: "receipt of payment" means receipt of credit card payment which has been "approved", receipt of money order or cashier's check, or prior receipt of a check which has already cleared the customer's bank.

C: "sent/send" means either hardcopy which is sent through a service such as the USPS or UPS, an email, or a fax.

2  Prices

A: All prices to Customer are US dollars.

B: Customer shall be responsible for paying all taxes of any nature which become due with regard to the moonSlice services, except for taxes on moonSlice's income, irrespective of which party may be responsible for reporting or collecting such taxes.

C: Satisfaction guaranteed. If you send us written notice of cancellation of hosting within 30 days, you will receive back your hosting fees minus set-up costs, if any.

3  Payment & Terms

A: All hosting orders are subject to acceptance by moonSlice. An order will be deemed accepted by moonSlice when confirmation of the order is sent to customer. moonSlice may refuse to accept any order, or delay acceptance pending fulfillment of conditions moonSlice may choose to impose. Such refusal or such conditions may not be unreasonable, however, and moonSlice agrees to provide Customer with reasonable notice via Email of any intent to delay or decline the acceptance of any order.

B: Payment and Terms: Payment shall be made in US dollars to moonSlice into the account designed by moonSlice, or as may otherwise be agreed in writing by the parties. Hosting payments are due upon account activation and 10 days prior to renewal dates. Payment for other services are due within 10 days of invoice date. All payments received will be credited to the oldest invoice first, regardless of whether it is for hosting or other products or services.

C: Suspension of account: If payment in full, including any late fees or bank charges has not been received within 15 days of the payment due date for hosting or hosting related services (no later than 5 days after the renewal term); or within 30 days for other products and services that have been provided by moonSlice, the website account and related services provided by moonSlice shall be deactivated until such time as payment is received. Re-activation of a hosting account for customer shall require payment in full of all services, including a re-activation fee of $19.99.

D: Late payments: If payment has not been received for any service or product within 30 days of payment due date, a finance charge of 10% per annum will be assessed to the account, calculated from the original date of the oldest invoice still outstanding, and will continue to accrue until the account is paid in full. If payment has not been received within 60 days of invoice date, the account will be sent to collections, and payment in full for all outstanding services and products must be received prior to any re-activation of account services.

E: Bad Check Fee: A charge will be assessed for any check that is returned from the bank due to insufficient funds, account closed, or any other reason.

4  Domain Registration

MoonSlice may transfer, on request, an Internet Domain Name on behalf of the customer. In such case the customer hereby waives any and all claims which it may have against moonSlice for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by moonSlice for any reason. Any cost of moonSlice in obtaining or maintaining a domain name for customer or its customers shall be immediately reimbursed to moonSlice upon invoice from moonSlice to customer.

5  Rules & Regulations

MoonSlice may impose reasonable rules and regulations regarding the use of its services from time to time. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance.

6  Limitations of moonslice's Obligations and Liability

A: moonSlice will utilize its best efforts to maintain acceptable
performance of services contracted for services, but moonSlice makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. moonSlice cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the Internet. moonSlice will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or sorted on its system. moonSlice shall not be liable to customer or any of its customers for any claims or damages which may be suffered by customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by ,or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of moonSlice.

B: moonSlice may discontinue servicing any plan, or may require fulfillment of conditions moonSlice may choose to impose as a prerequisite for continuing to service any plan, or may alter features or configuration of servers. Such discontinuation or requirement or alteration may not be unreasonable, however, and moonSlice agrees to send customer with reasonable notice via email or fax of any such intent to discontinue or impose conditions.

C: Service provided by moonSlice to a customer shall be deemed accepted for all purposes thirty (30) days from activation or renewal for such services, if no written claim or objection regarding such services has been received by moonSlice within the thirty (30) day period. No claim related to such accepted services shall be raised.

D: moonSlice's liability to customer, and any end user of any plan or other moonSlice services is limited to the amount paid to and received by moonSlice for services not accepted. In no event shall moonSlice be liable to customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if moonSlice has been advised of the possibility of such damage.

E: Customer will take all necessary measures to preclude moonSlice from being made a party to any lawsuit or claim regarding moonSlice services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless moonSlice from any and all claims of whatever nature brought by any of Customer's customers against moonSlice in excess of the remedy set forth in paragraph 6 (D).

7  Property Rights

moonSlice owns all right, title and interest in moonSlice's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to customer to use moonSlice's trade names of service marks. The use by customer of the other property rights mentioned here is authorized only for the purpose of marketing and selling Plans in the territory.

8  Confidentiality

Customer acknowledges that by reason of its relationship with moonSlice hereunder, it may have access to certain information and materials to moonSlice's business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to moonSlice, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by moonSlice. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement there shall be no use or disclosure by the customer of any such confidential information in its possession, and all confidential materials shall be returned to moonSlice or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, moonSlice shall be entitled to injunctive relief, which relief shall not be contested by customer.

9  Relationship of the Parties

The relationship between moonSlice and customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of moonSlice, or in any way legally bind moonSlice in any fashion, nor shall Customer be authorized to make any representations about moonSlice or its services other than to set forth moonSlice's responsibilities as outlined in this agreement.

10  Disputes

The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in Santa Barbara, California, or at another location only if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

11  Change in Terms or Termination

The hosting agreement shall run in accordance with the term of the initial order. Any change in terms or termination by customer shall be written and signed, and either faxed, or mailed to PO Box 22521 Santa Barbara, CA 93121. It shall be automatically renewed on a regular basis in accordance with the term of the initial order or subsequent change to that term unless notification is made in one of the following ways:

A: By customer, by notifying moonSlice in writing, dated and signed, five (5) days prior to renewal term. Customer shall have rights to use the hosting for that period for which they are obligated to pay for. If there is time remaining on the hosting period, moonSlice may, at its discretion, credit a portion of that toward any future hosting services.

B: By moonSlice, upon five (5) days sent notice, if account is in arrears, and has not been cured by the end of the five (5) days.

C: By moonSlice, upon five (5) days sent notice, if

1. moonSlice provides customer with sent notice of the specific reasons for its belief in this regard

2. Customer has not cured by the end of five (5) days.

D: By moonSlice, immediately upon giving sent notice to customer, in the event that

1. Customer breaches any material and substantial provision of this agreement;

2. Any bank draft or check delivered by customer to moonSlice in payment for products is returned unpaid and customer fails to remedy such nonpayment within five (5) business days;

3. Customer becomes more than thirty (30) days in arrears in payment of its account with moonSlice for any and all services, including but not limited to hosting, design work, consulting, computer services;

4. There are instituted bankruptcy or insolvency proceedings against customer, which are not vacated within forty five (45) days from the date of filing;

5. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;

6. Customer makes an assignment of all or part of its assets for the benefit of creditors;

7. Customer harasses, berates, or verbally abuses; via phone, email, or mailings; moonSlice staff, or any persons working in conjunction with moonSlice; or acts in a manner to purposefully portray moonSlice in a negative manner to other persons or companies.

8. moonSlice ceases to provide website hosting rental space as a service.

E: By moonSlice immediately, if Customer attempts to assign all or any part of this Agreement without moonSlice's prior written approval;

F: By moonSlice immediately, if customer fails to inform moonSlice in writing immediately on the happening of any event specified in this section;

G: By customer, immediately upon giving written notice to moonSlice, if

1. There are instituted bankruptcy or insolvency proceedings against moonSlice, which are not vacated within forty five (45) days from the date of filing;

2. moonSlice institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;

3. moonSlice makes an assignment of all or part of its assets for the benefit of creditors; or

4. moonSlice fails to inform customer in writing immediately on the happening of any event specified in this section. The provisions of paragraph survive any termination of this agreement.

H: In lieu of terminating an account due to breach, moonSlice may, at its discretion suspend the account to allow Customer to cure the breach. There may be a fee associated for reactivating the account.

12  Non-assignability

Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of moonSlice which consent shall not be unreasonably refused.

13  Partial Invalidity

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. moonSlice and customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provisions.

14  Applicable Law, Jurisdictional Matters

This agreement takes place when accepted by moonSlice in California. It is to be governed by and constructed under the laws of the State of California and the United States Of America. The Federal and State Courts of the state of California shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to 1) the jurisdiction of the courts of California and 2) service of process being effective on it by mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by moonSlice. To the extent permissible by the law of customer's jurisdiction, customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

15  Notices

Except with respect to services of process as set forth in paragraph (11) all notices may be sent by email, fax, or mail; to the email address, fax number, or address most recently provided and will be effective upon transmission.

16  Entire Agreement; Modifications

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. moonSlice may make changes to this agreement at any time, and customer is responsible for keeping abreast of the changes on this page. Utilization of moonSlice services by customer and/or its Customers following the effective date of such change shall constitute acceptance by customer of such change(s).

17  Usage Policies

I. moonSlice's General Rules Regarding Acceptable Internet Use.
The moonSlice Rules Regarding Acceptable Internet Use (the "Rules") are designed to enhance the quality of our Web Hosting services and to protect our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. These Rules apply to all customers of moonSlice, and their employees, agents, contractors, and/or other users, who obtain services from moonSlice directly or through access to or use of the Internet. We hope and expect that common sense and good judgment will guide all of our customers' and users' Internet activities. Even with such Rules in effect, minors should be supervised when using the Internet. Adults and minors should be aware of what is on the Internet and to understand the concept of what is accepted and what should be avoided.

II. Any unacceptable use is subject to immediate suspension and/or termination of the hosted account.

III. Description of Unacceptable Internet Uses.

The following Description of Unacceptable Internet Uses (the "Description") is not intended as a comprehensive list of all impermissible activities. The activities listed in this Description are violations of the Rules; however, an unlisted activity may also be a violation of the Rules if it is an illegal, irresponsible, or disruptive use of the Internet.

A. Abuses of system and network resources Any activities which adversely affect the ability of other people or systems to use moonSlice services or the Internet are prohibited. This includes, but is not limited to:

1. denial of services attacks against another network host or individual user;

2. employing posts or programs which consume excessive CPU time or storage space;

3. traffic in excess of allowed amount for plan;

4. permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the customer's own account;

5. resale of access to CGI script installed on our servers;

6. not using https secure SSL connection for pages/forms with sensitive private type information; eg: obtaining address, creditcard information, etc.

7. subverting, attempting to subvert, or aiding others to subvert the security of the moonSlice system, facilities, and/or equipment; or

8. providing passwords or other similar security related information to others.

B. Improper Conduct

Impersonation and Forgery. The practice of "spoofing" is prohibited. Spoofing is any attempt to impersonate any person or otherwise deceive or mislead through adding, removing, or modifying network headers or other identifying information. Our Rules also prohibit the deletion of author attributions, legal notices, or proprietary designations in an effort to deceive or mislead. The use of anonymous remailers or nicknames does not constitute impersonation.

Defamation and Private Information. Our Rules prohibit the posting of defamatory, scandalous, or private information about an individual without his or her consent. Attempts, whether successful or unsuccessful, to gain access to any computer system or customer's data are also impermissible.

Copyrights and other Protected Information. The violation of trademarks, copyrights, or other intellectual property rights is an unacceptable use of the Internet and is prohibited.

Other Improper Conduct. The intentional infliction of emotional distress by use of moonSlice services or the Internet is a violation of the Rules. Threats of bodily harm or destruction of property are always prohibited, whether such threat constitutes a crime or not. In addition, moonSlice reserves the right to remove or block any material that it, in its sole discretion, considers to be obscene, lewd, filthy, excessively violent, harassing, or otherwise objectionable.

C. Illegality

Prohibited Subject Matters. Using the Internet or any moonSlice services or products for the purpose of trafficking in obscene material, dealing drugs, or participating in any other activities dealing with subject matters that are prohibited under federal or state law is prohibited.

Prohibited Conduct. Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restrictions in connection with use of the Internet or moonSlice services or products is prohibited. Using the moonSlice system to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Copyrights and other Protected Information. The unauthorized distribution or copying of copyrighted software is prohibited by these Rules. Any violation of trademarks, copyrights, or other intellectual property rights that constitutes a crime under federal or state law is strictly prohibited.

D. Abuse of the Internet

Spam: Spamming is defined as sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. Spamming is strictly prohibited by these Rules. The Rules are not limited to the sending of spam from the web sites hosted by moonSlice; rather, the Rules prohibit any purposeful use of spam tactics to generate web site contact or advertisement. This prohibition includes, but is not limited to, the purposeful or knowing use of web sites hosted by other ISPs (whether or not owned by the customer) to send spam that links the recipient to a web site hosted by moonSlice. You will be held liable for a third party's actions unless we determine that you did not know, or did not have reason to know, that the spam contained a link to your web site.

List Server:

moonSlice’s List Server may not be used to send unsolicited bulk email, whether it be commercial or non-commercial. Unsolicited bulk email is defined as email sent to more than 50 individuals without their permission. Violation of our Acceptable Usage Policy damages the reputation of moonSlice and iMail List Server. We reserve the right to pursue legal action to enforce our Acceptable Use Policy. In addition, the violator's List Server account will be voided, without any refunds, resulting in our refusing services, including technical support and entitlement to upgrades.

If you believe someone is violating our Acceptable Usage Policy we want to know about it! Please complete a List Server Abuse Report.

Report List Server Abuse

email: moonSlice prohibits activities by its customers and users that disrupt, disable, or impede email communication, such as using non-existent email return addresses on commercial solicitations, subscribing someone else to a mailing list without that person's permission, and sending unsolicited email. In addition, the following email practices are prohibited:

1. trolling: posting outrageous messages to generate numerous responses

2. mail-bombing: sending multiple messages without significant new content to the same user

3. interfering: intercepting, redirecting, or otherwise interfering or attempting to interfere with email or communications intended for other persons or parties News: When posting to a newsgroup, it is imperative that good judgment is used. Many news groups have their own guidelines describing what is and is not considered appropriate. Before entering a newsgroup, you should read these guidelines and familiarize yourself with that particular newsgroup's acceptable use policy. In general, the following practices are prohibited:

• cross-post articles to an excessive number of newsgroups

• continuous posting of off-topic articles

• spamming, as defined above

• flames: hostile attacks or invectives aimed at a group or an individual poster

• threatening or harassing news articles

• forging or removing header information

• canceling messages other than your own, other than posts forged in your name

Other Abuses. Any attempt without authorization to enter into a secured computer system will violate the Rules. Additionally, knowingly or maliciously sending or uploading files or information that contain a virus, worm, "Trojan horse" or other contaminating or destructive data is prohibited. The use of Internet Relay Chat bots, or otherwise violating any accepted policies on Internet Relay Chat, is prohibited.

IV. Reporting Violations of the Rules to moonSlice.

Disclaimer of Responsibility. moonSlice is under no duty to look at each customer's or user's activities to determine if a violation of the Rules has occurred, nor do we assume any responsibility through this policy to monitor or police Internet-related activities. moonSlice disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

Remedial Actions. If you are aware of a potential inappropriate use, please contact us immediately. Our staff will carefully investigate potential violations before taking action. Depending upon the severity of the violation and the history of the account involved, moonSlice may take any reasonable disciplinary action, including, but not limited to, one or more of the following actions:

1. issuance of a verbal or written warning

2. suspension of the offending account

3. termination of the offending account

4. bill for administrative costs and/or reactivation costs incurred in connection with any disciplinary action

5. removal of the offending content from the site

In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements determined by moonSlice.

Copyright Infringement. In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to:

Support Dept.
moonSlice
PO Box 22521
Santa Barbara, CA 93121

Reservation of Rights. moonSlice will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, posting, or email containing threats of violence, or other illegal activity. We reserve the right to pursue any other remedies to which we may be entitled with regard to violations of the Rules, or as a result of any action taken by or on behalf of any customer and/or its employees, agents, contractors, and/or other users accessing our services.