This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web design, Web hosting, Domain Registrations and other Internet-related services provided by Moonlight Development (the "Services"). As used in this Agreement, "Moonlight", "Moonlight Development" means Moonlight Development and "Client", "you", or "your" means you. By clicking on the "Place Your Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Moonlight Development site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Moonlight Development Site" refers to the Site located at the URL http://www.moonlightdev.com, or any other successor Sites owned or maintained by Moonlight Development.

In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of Moonlight's products and services.

Moonlight Development provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Moonlight Development server in connection with Client's use of the Services which:

• violate any state, federal or foreign laws or regulations;
• infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Moonlight Development or any third party;
• are defamatory, slanderous or trade libelous;
• are threatening or harassing;
• are discriminatory based on gender, race, age or promotes hate violate any Moonlight Development policy posted on the Moonlight Development site including but not limited to those listed on this page.
• contain viruses or other computer programming defects which result in damage to Moonlight Development or any third party.

Moonlight does not, by default, limit the amount of bandwidth to the account/server quota unless required by the control panel software. If a Client wishes to have their bandwidth capped, Moonlight will do so upon request, software permitting. Additional fees, specified in Hosting Services, will be charged for exceeding the network bandwidth allowance.

Client agrees to use only properly licensed third party software in connection with Client's use of the services.

Moonlight Development reserves the right to refuse service to anyone. Moonlight Development, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@moonlightdev.com.

By submitting the order, Subscriber hereby agrees to the following:

• Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Server rental charges will be incurred immediately at signup. The first full month will be charged and the second month prorated based on the date the server was released.

Service Fees. By the Tenth (10th) of each month, Moonlight Development shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Moonlight Development by no later than 10 days after the specified payment due date. Moonlight Development shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Moonlight Development. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Moonlight Development and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has agreed to a specified term in exchange for discount of fees and/or has pre-paid Moonlight Development for such Services and received discounts for signing up for a specified term, no refunds will be issued if canceled before the pre-paid term ends. If Client has retained the Services for one (1) year and has pre-paid Moonlight Development for such Services without a discount, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late Payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to Moonlight Development all expenses incurred by Moonlight Development in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Moonlight Development. Late Fees will continue to accrue as long as there is an outstanding balance.

Returned Item Fee. Accounts with returned checks and/or e-checks will be assessed a $15.00 returned item fee.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names. If Client chooses to register a domain name(s) through Moonlight Development, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with Moonlight Development. Moonlight Development does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

The parties agree that in no event shall Moonlight Development be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Moonlight Development from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must submit their cancellation via email to cancel@moonlightdev.com. All cancellation requests must be received by the 25th of the month prior to the month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
• If Moonlight Development suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Moonlight Development and full payment of balances due. A reinstatement fee of $15.00 will be applied.
• If a Client terminates their account, Moonlight Development will disable the server/account the day the client specifies the account is canceled. Moonlight Development will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

Client will pay and indemnify and hold Moonlight Development harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

THE SERVICES, THE MOONLIGHT DEVELOPMENT SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE MOONLIGHT DEVELOPMENT SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. MOONLIGHT DEVELOPMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOONLIGHT DEVELOPMENT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

IN NO EVENT SHALL MOONLIGHT DEVELOPMENT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE MOONLIGHT DEVELOPMENT SITE OR ANY MOONLIGHT DEVELOPMENT PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL MOONLIGHT DEVELOPMENT CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Moonlight Development:

Moonlight Development
261 Seaman Avenue
Suite C9
New York, NY 10034

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Moonlight Development. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Moonlight Developments policies are subject to change by Moonlight Development without notice. Continued usage of the Services after a change to this Agreement by Moonlight Development or after a new policy is implemented and posted on the Moonlight Development Site constitutes your acceptance of such change or policy. Moonlight encourages you to regularly check the Moonlight Development Site for any changes or additions.

As a provider of web site hosting, and other Internet-related services, Moonlight Development offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. Moonlight Development respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Moonlight Development reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Moonlight Development has developed an Acceptable Use Policy ("AUP"), 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 Moonlight Developments services. This AUP will be revised from time to time. A customer's use of Moonlight Development after changes to the AUP are posted on Moonlight Developments web site, www.moonlightdev.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that Moonlight Development does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Moonlight Developments network and may reach a large number of people, including both clients and non-clients of Moonlight Development, clients' postings to the Internet may affect other clients and may harm Moonlight Developments goodwill, business reputation, and operations. For these reasons, clients violate Moonlight Development policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

The abuse and misuse of e-mail is a serious problem, and Moonlight Development cannot and will not tolerate it. This policy covers all servers and domains on our network.

Definition of UCE (Unsolicited Commercial E-mail), or spam:

• The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Moonlight Development or any URL (domain) that is hosted by Moonlight Development.
• Unsolicited postings to newsgroups advertising any IP or URL hosted by Moonlight Development.
• The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Moonlight Development.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

Spam, mailing lists and other  email restrictions:

Due to the increased problems and risk to our network, Moonlight Development also prohibits the use of 3rd party mailing lists and FFA's. Examples that we do not allow include but are not limited to:

• Safelist
• Purchased / Sold mailing lists
• FFA's

There are many groups that report and block the networks that spam is sent from.  In the event spam is generated off of ours or our customers servers, our network can be blocked and this impacts other users putting our network at risk.

Moonlight Development may, at its option, charge $25.00 per spam complaint we receive for any domain on our network and will be charged to the owner of the domain. These are non-refundable charges and will be invoiced at the time of complaint notification.

Moonlight Development reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from Moonlight Development servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Mailing lists are a vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1. The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2. Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3. Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
4. Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
5. Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
6. Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
7. Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

*This spam (UCE) Accepted Use Policy and all other Moonlight Development policies are subject to change by Moonlight Development without notice. Continued usage of the services after a change to this policy is implemented and posted on the Moonlight Development site constitutes your acceptance of such change or policy. We encourage you to regularly check the Moonlight Development site for any changes or additions. Visit our Terms and Conditions of Use for further information regarding our policies.

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
• Hyperlinks to adult sites, including but not limited to sites who violate these policies.
• Sites that have discussion boards and share information that is 'adult' in nature.
• Sites that sell or promote 'adult' material, including but not limited to adult toys.

Moonlight Development reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. Please email info@moonlightdev.com for review of your content and/or site.

Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard web sites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Banned IPs
Adult sites tend to get blocked. Since many of our shared accounts also share IP addresses and/or the range of IPs are blocked, all other users on that server or network range are impacted.

Association
Many people do not want to be associated with adult content, based on personal opinions and beliefs.  IPs are assigned to a server in ranges and IP address are in many cases shared IPs. Consequently, we want our shared servers to be 'adult content' free.

Other specific activities that are against our Acceptable Use Policy include the following:

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Moonlight Development will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with Moonlight Development policy or applicable law. When Moonlight Development becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Moonlight Development 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, Moonlight Development urges its clients to assume that all of their on-line communications are insecure. Moonlight Development cannot take any responsibility for the security of information transmitted over Moonlight Developments facilities.

Moonlight Development will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Moonlight Development may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Moonlight Development may disclose information, including but not limited to, information concerning a client, 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. Moonlight Development assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Moonlight Development may disclose client information or information transmitted over its network where necessary to protect Moonlight Development and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Moonlight Development and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to abuse@moonlightdev.com