Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to MoonChild Innovations, Inc., a Florida corporation, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of MoonChild Innovations, Inc.

Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “MoonChild Direct” shall refer to MoonChild Innovations, Inc., a Florida corporation, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “MoonChild Direct” and “MoonChild Innovations, Inc.” shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, MoonChild Direct’s Acceptable Use Policy (AUP), and MoonChild Direct’s No-Spam Policy (NSP). Customer further agrees that it has read MoonChild Direct’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

http://www.moonchilddirect.com/cancellation.html

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form.

Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that MoonChild Direct does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

• Setup fees,
• Fees for domain name registrations,
• Fees charged for exceeding your allotted disk storage space or bandwidth,
• SSL certificate fees,
• Web design fees,
• Web site marketing fees,
• Any add-on services, features, software, and
• Any other fees for services involving a third party.

The 30-Day Guarantee is subject to all of the following limitations:

• You are entitled to a maximum of one (1) 30-Day Guarantee.

• If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of MoonChild Direct.

• You may not transfer or assign the 30-Day Guarantee to any third party.

• You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:

• Creating multiple accounts, using the same customer name or different customer names;
   
• Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
   
• Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
   
• Knowingly providing false or misleading information when you register for your account; or
   
• Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

• If you violate any provision of any of the following policies of MoonChild Direct, you will not be eligible for the 30-Day Guarantee:

• Terms of Service (TOS);
   
• Acceptable Use Policy (AUP); or
   
• No-Spam Policy (NSP).

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from MoonChild Direct and does not apply to any changes to your service at any time.

DOMAIN REGISTRATION

 - FEES (DOMAIN REGISTRATION) 

As consideration for the first year domain name registration services provided by MoonChild Direct, you shall pay all applicable domain renewal fees after the first year of registration. We register your new domain through an ICANN approved registrar and you agree to pay us $ 12.95 US per year for every year that you use the domain. You will be notified (by email only) when renewal fees are due 25 and 10 days prior to domain expiration.  It is recommended that you renew your domain registration 15 or more days prior to it's renewal time to be sure it gets renewed. It shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your credit card after ordering the domain, the ownership of the domain will transfer to MoonChild Direct and will not be available for purchase. You agree that  MoonChild Direct  shall have no liability whatsoever with respect to any such cancellation, and that  MoonChild Direct  may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable. Once the domain is ordered, we can not get your money back if you change your mind.

To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by  MoonChild Direct. You acknowledge that  MoonChild Direct may modify this Agreement if necessary to comply with its Agreement with the registrar and ICANN, or for any other business purpose.
 

 - 2. 30 DAY SATISFACTION GUARANTEE

If you try our service for 30 days, stay within our terms and conditions stated here, and decide that it does not meet your needs within that amount of time, then all you have to do is cancel your hosting account before the 30th day and you will receive your hosting fee back. This does not include the $25 setup fee or the domain registration fee.  You will be charged $ 12.95  for  the domain registration that was paid for on behalf of MoonChild Direct as it is non-refundable from the registrar.

If you continue with your hosting service after the 30 day guarantee and cancel your hosting account within the first 3 months of hosting service, a $12.95 domain registration fee will be charged to your account.  All customers who cancel their hosting plans after the third month will not be charged the domain registration fee. 

 
 - 3. USE OF YOUR PERSONAL INFORMATION (DOMAIN REGISTRATION)

As part of the domain registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the WhoIs data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You acknowledge that  MoonChild Direct will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that  MoonChild Direct may or must make available to the public or to private entities.  MoonChild Direct will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in  MoonChild Direct possession to review, modify or update such information.

 - 4. USE POLICIES (DOMAIN REGISTRATION)

 MoonChild Direct reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty (60) days of obtaining the domain name through us.

 - 5. REPRESENTATIONS AND WARRANTIES (DOMAIN REGISTRATION)

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. MoonChild Direct   makes no representation or warranties of any kind in connection with this Agreement. MoonChild Direct   does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

 - 6. BREACH AND REVOCATION (DOMAIN REGISTRATION)

Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by MoonChild Direct. If you fail to cure the breach, MoonChild Direct   may revoke your registration of the domain name.

You also agree that MoonChild Direct   shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as MoonChild Direct receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of MoonChild Direct to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by MoonChild Direct of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 - AGENTS

Client understands, acknowledges and agrees that by using the domain on or any service of MoonChild Direct, client ratifies and is bound by this Agreement even if an agent (such as a webmaster, ISP, or employee) entered into this Agreement on the client's behalf, and even if client has not itself read this Agreement. Further, client is responsible for all information submitted by its agent. MoonChild Direct   (MoonChild Direct) will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Registrant's client information, without client's actual consent, as such apparent authority will suffice to bind the client. By acting on the client's behalf, such agent represents and warrants to the client and MoonChild Direct that the agent is authorized to bind client hereto and that it has fully and thoroughly advised client of the terms and conditions of this Agreement.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
 

 - REFUND POLICY AND CANCELLED ACCOUNTS WITH FREE DOMAIN OFFER:

 - 1. For accounts that are cancelled within 30 days of the original order date we will give a full refund of the hosting fees. If you ordered web hosting with a new domain name and take advantage of our free domain name offer, the amount of your refund will be reduced by the current registration fee for your new domain name as stated in our terms of use. In the event that your hosting fee refund does not cover your domain registration fee, you will be charged for the remainder amount owed.

 - 2. All domain name registration fees are non-refundable, once a domain name registration is submitted there is no option to cancel it. For this reason it is extremely important to carefully check the spelling and accuracy of all new domain name registrations, and be sure you definitely want the domain name before submitting the order.

MoonChild Direct
7143 State Road 54, #121
New Port Richey, FL 34653

29.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice to find a new Web host. We will issue a refund only for the unused portion of pre-paid service.

29.3. Abusive conduct includes, but is not limited to, the following behaviors:

• Repeatedly addressing members of our staff in a demeaning or rude manner;
• Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
• Yelling or shouting at our staff;
• Deliberately using all capital (uppercase) letters in any written communication to our staff;
• Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
• Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.