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General Terms And Conditions
Terms & Conditions

                      Customer agrees that they will protect, indemnify, save and hold Fox Moon Hosting harmless from 
                      any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable 
                      attorney’s fees assessed against Fox Moon Hosting, its agents, customers, officers, employees 
                      and administration that may arise or result from any service provided or performed or agreed to 
                      be performed or any product sold by it’s customers, agents, employees or assigns.
                      Customer agrees to defend, indemnify and hold Fox Moon Hosting harmless against liabilities 
                      arising out of –
                      Any injury to person or property caused by any products sold or distributed in association 
                      with Fox Moon Hosting’s Services;
                      The loss of any electronic files furnished by customer (Or customer’s customer);
                      Copyright violation and any defective products sold to a customer from Fox Moon Hosting’s 
                      Services.
                       


Indemnification

                      Fox Moon Hosting provides cPanel hosting, domain registration, reseller hosting, VPS hosting, Cloud hosting and 
                      dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for 
                      any of the hosting plans and services mentioned on Fox Moon Hosting. You shall agree to use only licensed and 
                      legal third party softwares in connection with your use of our services. Fox Moon Hosting reserves the right to 
                      suspend or cancel a customer’s access to any or all services provided, at any time, or when Fox Moon Hosting 
                      decides that the account has been inappropriately used or otherwise.
                      Here Fox Moon Hosting also referred as Fox Moon Hosting.com if mentioned or required.
                       


Conditions

                    Fox Moon Hosting reserves the right to refuse service and/or access to its servers to anyone. The services provided 
                    by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or
                     material in violation of any Indian law is prohibited.
                    The list of banned content includes, but is not limited to :-
                    •  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.
                    •  Warez – This includes, but is not limited to, pirated software, ROMS, emulators, freaking,, phising, 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.
                    •  Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be 
                    immediately terminated if we found any gaming server related stuff in your hosting account.
                    •  IRC Hosts – Hosting host an IRC server that is part of or connected to another IRC network or server or have a 
                    connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these 
                    networks will be immediately removed from our network without notice. The server would not be reconnected to the 
                    network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let
                     us have access to your server to confirm that the content has been completely removed. Any server guilty of a 
                     second violation would result in immediate account termination.
                    •  We do not allow any kind of mining activity (Data mining, Crypto currency mining) on our servers.
                    •  Child Pornography : Fox Moon Hosting reserves the right to deem any other content or literature as “prohibited” 
                    if found to be indecent, rude, hate content & generally unacceptable.
                    In compliance with DMCA act, Fox Moon Hosting has adopted procedures for parties who believe that a hosted site on 
                    our service is infringing their copyrights. All copyright complaints must be submitted to support@FoxMoonHosting.com
                    
                    


Abuse Of Resources

                    •  Any attempts to compromise or actual compromise of a network device belonging to us 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.
                    •  Denial of Service (DOS) attacks directed at Fox Moon Hosting, 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. It can be also charged back with penalty.
                    •  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.
                    •  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.
                    •  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.
                    •  Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility 
                    for the use of our client's 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 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we 
                     carry out which is also a part of our maintenance.
                    •  If any client is in any way disrespectful towards any member of the Fox Moon Hosting staff we have full right to 
                    remove them from our services without any refund.
                    •  Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM) Use of our service to transmit any unsolicited 
                    commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe 
                    penalties.
                    •  Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may 
                    restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our 
                    policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we 
                    reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated 
                    policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. 
                    Anyone using our service to host websites or services that support 'spammers' or cause any of our IP space to be 
                    listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not 
                    be unsuspended until such time that you agree to remove any and all traces of the offending material immediately 
                    upon reconnection. First violations of this policy will result in a warning or temporary suspension and your account 
                    will be reviewed for possible immediate termination. A second violation may result in an immediate termination of 
                    your account. Severe violations may result in immediate and permanent removal of the account(s) from our network 
                    without notice to the customer.
                    •  We have a zero tolerance policy for the use of our service towards posting of messages or commercial 
                    advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial 
                    messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients 
                    are permitted.
                    •  We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, 
                    cause, or reason what-so-ever.
                    

Bandwidth

                    If the customers account exceeds the bandwidth limit, we would inform or place temporary suspension for the the 
                    customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed 
                    their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t 
                    exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the 
                    following month.
                    

Account Verification

                    If the customer fails to complete the account verification process then no refund would be provided to such 
                    customers under any circumstances.
                    

VPS Rules

                    We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would 
                    have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration
                    of such VPS’ themselves. The support team will not be responsible for this. With windows VPS, we provide evaluation
                    version which can be re-activated after every 6 months.
                    •  Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE) Spamming, sending unsolicited emails 
                    from 
                    our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site 
                    for immediate deactivation with no refund. Fox Moon Hosting would be the sole arbiter as to what constitutes a 
                    violation of this provision.
                    •  In order to ensure that our shared servers, cloud & VPS Nodes as well as Dedicated Server hardware node give 
                    us optimum performance we have set limits on resourcesas well as the number of outgoing mails which can be sent 
                    per hour. Accordingly, shared & reseller customers would be allowed to send 100 outgoing mails per hour, our VPS 
                    customers would be able to send 1000 outgoing mails every hour and the Cloud hosting customers may send 1500 
                    outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 3600 mails per 
                    hour.
                    

Backups

                    You agree to back-up all of your User Content so that you can access and use it when needed. Fox Moon Hosting
                    does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk 
                    the loss of any and all of your User Content.
                    

Unlimited Hosting

                    “Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts.
                      Unlimited hosting policy:
                      •  For Shared Web Hosting and Reseller Hosting, the terms “unlimited” and “unmetered” are defined 
                      by our experience with similarly situated customers. This means that your use of our resources may 
                      not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: 
                      (i) streaming content (other than that which is incidental to your website’s operation), (ii) 
                      management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size 
                      digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as 
                      MP3 files, and (vi) online backups (i.e. backup of desktop/laptop/website or computer, files, or anything 
                      not directly related to the our consent). You agree that we may remove impermissible materials from our 
                      servers at any time in our sole discretion without notice. We may also delete the following types of files 
                      if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) 
                      cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup 
                      temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS 
                      backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for 
                      core website functionality or not containing any valuable data.
                      •  The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 
                      50GB. This is applicable for Linux & Windows based shared (Value and Unlimited), reseller (servers), and 
                      business hosting plan.
                    

Uptime Guarantee

                    •  Any service interruptions or downtime due to scheduled maintenance or by system failure by Fox Moon Hosting 
                    or our network providers will not count towards the uptime guarantee. Fox Moon Hosting is not liable in any way 
                    for failure of third party services including common errors.
                    •  Fox Moon Hosting will not be liable for failure or delay in performing its obligations if such failure or 
                    delay is due to circumstances beyond its reasonable control, including but not limited to acts of any 
                    governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, 
                    interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or 
                    third party services (including DNS propagation), failure of third party software or hardware or inability to 
                    obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
                    

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.
                    •  You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
                    •  You may not attempt to circumvent user authentication or security of any host, network or account. This includes, 
                    but is not limited to, accessing data not intended for you, logging into or making use of a server or account you 
                    are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools 
                    designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password 
                    guessing programs, cracking tools or network probing tools.
                    •  You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This 
                    includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts 
                    to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Fox Moon 
                    Hosting will cooperate fully with investigations of violations of systems or network security at other sites, 
                    including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
                    •  PHP mail() function is disabled on all our shared and reseller servers. If you wish to send email from your 
                    website or contact forms, you will have to use SMTP authentication.
                    

Billing Policy

                    •  If paying via credit card, debit card, net banking, PayPal the account will be setup immediately or after Fox 
                    Moon Hosting check payment manually, once the payment is confirmed. If paying by a cheque, please allow 5 days 
                    for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
                    •  The 7 day money back guarantee is only applicable for first-time sign-ups. Second time and subsequent sign-ups 
                    are not eligible for the same. For instance, if you’ve had an account with us before, canceled and signed up again, 
                    you will not be eligible for a refund or if you have opened a second account with us.
                    •  There will be no refund for domain registration/transfer/renewal, cPanel, Plesk, Webuzo, Control Panel, Cloud, 
                    Dedicated Server, Paid Support, SSL Certificates, SpamExperts, Windows OS, SQL, and any other paid licenses.
                    •  If any third party applications like cPanel, Plesk, Webuzo, Control Panel change there serving policy, We can 
                    increase our price for existing and new client / customer.
                    •  The money back guarantee is provided on Shared hosting, Reseller hosting, WordPress hosting, Email hosting.
                    •  We will refund your money ONLY if you have any technical issue with our hosting services.
                    •  No refund will be made if your Service(s) are suspended or terminated for cause.
                    •  Your refund request has to be justified with valid technical issue faced due to hosting services.
                    •  There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible 
                    to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot 
                    change the BIOS settings. You won’t be eligible for any claim or refund in such cases.
                    •  The refund will not cover any kind of taxes, setup fees, license fees, refund processing fee, postal charges or 
                    any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting 
                    account was involved in violation of our terms of service or any kind of illegal or system resources over-usages 
                    or after 7 days period or beyond coverage of our refund policy as noted here.
                    •  The free domain is offered with particular plans of shared hosting and reseller. One free .COM or .IN domain 
                    is offered with purchase of every new mentioned plan on Fox Moon Hosting for 1 years. Domain will be free for the 
                    first year, renewal charges would be applicable from the second year.
                    •  If the web hosting service includes free domain name, and you cancel the web hosting service, the domain 
                    charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less 
                    than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain 
                    will remain with Fox Moon Hosting if you fail to pay the difference amount.
                    •  Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without 
                    transfer fees the domain will not be released.
                    •  We have complete rights to refund amount as credit to Client Area Account which paid by any mean. The payments 
                    made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as 
                    credit to the Client Area Account.
                    •  The refund request placed after 7 days will not be processed and you will not be eligible for any refund.
                    •  The cancellation request should be sent by customer through Client Area. After sending the cancellation request, 
                    it would take 1 – 15 working days to complete the refund process.
                    

Web Hosting Discounts

                    Fox Moon Hosting often offers discount and special offers to customers. These are limited period offers and 
                    its valid for first term only. The discounted price will not be applicable on renewals. After completing the 
                    initial term the hosting plans will automatically renew at regular rate.
                    

Affiliate and Client Area Credit Service

                    We reserve the right to change credit amount in Client Area of customer, We reserve right to credit amount of 
                    affiliate service to Client Area Account of customer as credit.
                    

Refusal of Service

                    We reserve the right to refuse, cancel, or suspend service at our sole discretion. Fox Moon Hosting reserves the 
                    right to modify / change the terms of service at all times. All customers would be bound by the newest terms 
                    published on the website.
                    

Notes:

                    [1] You must be 14 years or older or at least the age of majority in the jurisdiction where you reside or from 
                    which you use this Service.
                    [2] To access and use the Services, you must register for a Fox Moon Hosting account (“Account”) by providing 
                    your full legal name, current address, phone number, a valid email address, and any other information indicated 
                    as required. Fox Moon Hosting may reject your application for an Account, or cancel an existing Account, for any 
                    reason, in our sole discretion.
                    [3] We strictly do not support 3P sites which includes Proxy, Porn and Phishing.
                    [4] You acknowledge that Fox Moon Hosting will use the email address you provide as the primary method for 
                    communication.
                    [5] You are responsible for keeping your password secure. Fox Moon Hosting cannot and will not be liable for 
                    any loss or damage from your failure to maintain the security of your Account and password.
                    [6] You are responsible for all activity and content such as photos, images, videos, graphics, written content, 
                    audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, 
                    transmitted or exhibited on or in connection with your Account (“Materials”).
                    

Privacy Policy

                    [1] Welcome to Fox Moon Hosting Privacy Policy.
                        [1.1] Hi there, we’re Fox Moon Hosting and welcome to our privacy policy. This policy sets out how we handle 
                        your personal information if you’re an Fox Moon Hosting user or visitor to our Sites. It applies across Fox 
                        Moon Hosting website.s.
                            [a] When we say ‘we’, ‘us’ or ‘Fox Moon Hosting’ it’s because that’s who we are and we own and run the Sites.
                            [b] If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about 
                            the rules for using each of the Sites. The rules vary by product and each product makes them separately 
                            available and seeks consent to them separately to this policy.
                    [2] The type of personal information we collect
                        [2.1] We collect certain personal information about visitors and users of our Sites.
                        [2.2] The most common types of information we collect include things like: user-names, member names, email 
                        addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as 
                        payment agent details, transactional details, tax information, support queries, forum comments, content you 
                        direct us to make available on our Sites (such as item descriptions) and web analytics data. We will also collect 
                        personal information from job applications (such as, your CV, the application form itself, cover letter and 
                        interview notes).
                    [3] How we collect personal information.
                        [3.1] We collect personal information directly when you provide it to us, automatically as you navigate through 
                        the Sites, or through other people when you use services associated with the Sites.
                        [3.2] We collect your personal information when you provide it to us when you complete membership registration 
                        and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter 
                        a contest, fill out a survey, or send us a communication.