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5 November, 2003

Moore Interactive
SERVICE TERMS AND CONDITIONS
www.moorei.com
terms@moorei.com


1. General
2. Service
3. Transfer Hosting
4. Services Fees/Charges
5. Payment/Invoices
6. Chargebacks/Charge Disputes
7. Term/Termination
8. Your Responsibilities
9. Privacy
10. Service Interruption
11. Limitation of Liability
12. Force Majeure
13. Unenforceable Provisions
14. Governing Law
15. Age of Majority
16. Waiver
17. Entire Agreement

 
Top 1. General
This agreement explains the terms and conditions governing your use of services made available to you from Moore Interactive, LLC, hereinafter called Moorei or "We". It represents the complete agreement and understanding between Moorei and the individual or organization who subscribes to service hereinafter called "Subscriber" or "You". PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application information and by your use of service, you agree to comply with all of the Terms and Conditions set out in this agreement. Moorei may terminate user accounts at any time, without notice for conduct that violates this agreement, or for any other reasons, and may terminate subscriber accounts and delete any and all subscriber information for conduct that Moorei believes is harmful to the business of Moorei, or any of its subscribers, or other party(s). Moorei reserves the right to modify this agreement at any time, effective upon posting of the modified agreement to this URL: http://www.moorei.com/serviceterms. Subscribers are responsible to read this document from time to time to ensure that their use of the service remains in compliance with this agreement.

 
Top 2. Service
Moorei provides basic hosting and email services to all customers for the duration of the domain registration period purchased through Moorei. Subscribers who register domain names through other service providers may also have the option of receiving Moorei services, without any term restriction, upon the payment of the one-time $25.00 transfer hosting fee (see Section 3). Moorei provides to all subscibers, without charge, web hosting with 20 MB disk space, 1 GB monthly account traffic, file upload (FTP), POP3 and web-based email service. Services are provided on the basis of service, facility, and equipment availability. Moorei reserves the right not to provide one or more services when necessary facilities, equipment, or services are not available for any reason whatsoever. Moorei relies on the ongoing support of its subscribers to help fund the services offered. Subscribers acknowledge that as part of their Moorei service, Moorei sponsored email newsletters may be sent from Moorei to subsubscriber contact email address provided and any email accounts using the Moorei service. Email newsletters will only come from Moorei and subscriber contact information will never be disclosed or sold to any third parties.

 
Top 3. Transfer Hosting
Customers who have registered domain names with other domain registration service providers will be unable to register their domain name as a new domain through the Moorei service. Such customers wishing to use the Moorei service may do so by signing up as a Transfer Hosting account and with the payment of the one-time transfer hosting fee of $25. The transfer hosting fee DOES NOT include a transfer of domain registration and it does not extend the domain registration term. This fee is a one-time administrative fee charged to clients who do not register their domain name through Moorei.

 
Top 4. Services Fees/Charges
Fees are due at the time of order or on the day of renewal for Service renewal after the initial term and are non-refundable. To use Moorei services, all fees and charges related to an account must be paid in full. In the event that a new domain registration or account add-on is requested from Moorei and payment cannot be successfully processed, the requested domain registration service or add-on will be declined. In the event that payment cannot be successfully processed for the transfer hosting fee or renewal of an account add-on, payment declined notices will be sent to subscribers. Moorei will allow 72 hours for clients to rectify the problem before accounts are temporarily suspended due to non-payment. Re-activation service charges will apply. In the event that subscribers wish to add-on or upgrade their services, the pro-rated value of prepaid fees will be credited towards the additional add-on or upgrade charges. Moorei strictly enforces a zero tolerance policy for SPAM (unsolicited commercial email). Accounts that have violated our SPAM policies will be immediately suspended from our service. Exceptional situations may permit sucscribers to continue using Moorei service, however service charges will apply. Current service charges include (but not limited to) fees for:
"	Transfer hosting to Moorei $30.00 
"	Account re-activation $30.00 
"	Late payment $25.00 
"	SPAM re-activation $25.00
"	Bounced check/chargeback fee $25.00 
All fees are quoted and billed in United States dollars.
Moorei reserves the right to modify service fees and rates effective upon posting on the Moorei website and/or on this agreement.


 
Top 5. Payment/Invoices
Moorei accepts payment by check, money order, PayPal™, or credit card. Moorei may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law. Additional copies of past and current account invoices for all billable Moorei services are available upon request at payment@moorei.com. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the entire content of the invoice is accurate.

 
Top 6. Chargebacks/Charge Disputes
Billing questions or problems should be directed to us and our billing department payment@moorei.com . In the case that chargeback or charge dispute notices are received for subscriber account(s) from subscriber's financial institution, any Moorei services provided to subscriber may be immediately suspended pending further investigation and subject to chargeback service charges (see Section 4).

 
Top 7. Term/Termination
Moorei hosting services are recurring billing services where the initial term of the service agreement is six months unless otherwise noted. Monthly. quarterly, and annual billing are available. After the Initial Term, the service will automatically renew for successive terms of equal length unless terminated or cancelled by either Moorei or the Moorei subscriber. Moorei services may be terminated and all subscriber email accounts and website data removed from our servers under the following circumstances:
i.	in the event of non-payment by Member over 30 days from due date 
ii.	a Member is in violation of any term or condition of the Service Agreement 
iii.	a Members' use of service disrupts or could disrupt, Moorei business operations or affect other party(s) 
Service cancelled prior to the end of the month will NOT result in refunds for unused portion of the month. Unused full months of pre-paid service will be refunded. Members may request to cancel their Moorei hosting accounts at any time without any fees or obligations. Domain registrations purchased through Moorei cannot be cancelled nor refunded. Domains will remain active until the end of the registration term.

 
Top 8. Your Responsibilities
Members are responsible for maintaining accurate account information at all times including billing and contact information. Such information can be updated by subscribers at: https://subscriber.moorei.com/ Domain name registrations will subject you to the Terms and Conditions of the respective governing domain extension registries; including maintaining accurate registrant data listed in the Whois database. ".COM," ".NET," and ".ORG" domain name extensions are governed by ICANN policy. Please refer to http://www.icann.org. Access to Moorei accounts and domain ownership is gained via the Moorei Subscriber ID and password. Subscribers are responsible for keeping their Subscriber ID and password secure and are advised not to share that information with other individuals. Subscribers are responsible for payment of all purchases made for their account including those made under unauthorized account entry. Moorei recommends subscribers choose hard to guess, complex passwords. Change passwords periodically. Password changes can be at https://www.moorei.com/cgi-bin/passwd.cgi . Subscribers who use Moorei services must be in compliance with United States laws at all times. You are responsible for ensuring that your use of the service does not consume excessive system or network resources that disrupts the normal use of service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviors prohibited by the Moorei:
"	Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, 
        whether for educational purposes or not. 
"	Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the 
        sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products
        or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating 
        to a Moorei account will result in immediate account suspension. 
"	Content that is grossly offensive including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post 
        any obscene, filthy, excessively violent, harassing, or otherwise objectable material. 
"	Content or otherwise that exploits children under 18 years of age. 
"	Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received. 
"	Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual 
        property right of any third party. 
"	Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities. 
"	Content that posts or discloses any personally identifying information or private information about any third parties without their 
        expressed consent. 
You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Moorei service, solution or technology; individual passwording of subscriber sites (or pages contained therein).

 
Top 9. Privacy
Moore InterActive asks customers to supply various personal data when placing an order, such as name and address, credit-card information, and E-mail address.  We use his data only for the purpose of filling an order, or communicating with the customer about the status of an order.
We treat this customer information as private and confidential, and we will not disclose this information to other individuals or organizations unless required by law.
We will not distribute customer information to be used in mailing lists, surveys, or any other purpose other than what is required to perform our services.
Moore InterActive is committed to safeguarding the privacy of our customers' personal data.
 
Top 10. Service Interruption
Moorei shall use commercially reasonable efforts to make our systems and services available. Moorei may suspend the service at any time for any duration of time when necessary, without penalty or liability to ourselves. Subscribers agree that it may be necessary for us to temporarily suspend our service for technical reasons or to maintain/upgrade our network, equipment, or facilities. Moorei will not bear any liability whatsoever for any such disruption to service.

 
Top 11. Limitation of Liability
Services are provided on an "as is" and "as available" basis and use of service is at subscribers' own risk. Moorei makes no representations or warranties, either expressed or implied, with respect to any service or information provided through Moorei. It is the subscribers' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided by Moorei. The respective directors, officers, and employees (collectively, in this paragraph, "Moorei"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the service, any use of it or interruption in it, or Moorei equipment, whether through act or omission, negligence or otherwise. Without limitation, Moorei is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Moorei has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement will survive the termination of this Agreement. Your Indemnification of Moorei You shall indemnify and hold Moorei and its directors, officer, and employees harmless against all claims, loss, damages, liability or expenses that we may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by Moorei in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.

 
Top 12. Force Majeure
Moorei will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

 
Top 13. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

 
Top 14. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the State of Colorado. Venue for any action or proceeding under this Agreement shall be in a federal or state court of competent jurisdiction located in El Paso County, Colorado.

 
Top 15. Age of Majority
Moorei does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this agreement on your behalf.

 
Top 16. Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

 
Top 17. Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Moorei service and supercedes any other written or oral agreement.


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(719)440-7736 • info@moorei.comwww.moorei.com

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