Terms of Service Agreement
The following terms and conditions govern all use of LunaNode Hosting Inc. services and products. Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by LunaNode Hosting Inc..
Please read this Agreement carefully before using LunaNode Hosting Inc. services. By ordering any services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the LunaNode Hosting Inc. website or use any services.
- Below, service suspension means that services will be brought offline and prevented from being enabled; service termination means that any resources allocated to a service will be released, and any data associated with a service will be deleted. Service suspension and service termination may be restricted to a subset of services or be conducted on an account-level at the sole discretion of LunaNode Hosting Inc.
- Acceptable usage policy: violation of the following acceptable usage policy may result in service suspension and/or termination, which may be without refund. The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is prohibited. We reserve the right at all times to prohibit activities that damage our commercial reputation and goodwill.
- Security - any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and may result in immediate service termination, which may be without notice.
- Network - clients whose services are targeted by denial of service attacks may be null routed (where network connectivity is blocked to the targeted IP address), and may additionally be suspended following repeated attacks. Conducting port scanning, packet flooding, or activities that artificially create traffic may result in service suspension and/or termination.
- Spam - sending unsolicited email in bulk is prohibited. Sending email in bulk is prohibited (e.g., over one thousand emails per hour) unless you receive permission in advance; such unauthorized bulk mail activities will result in outgoing SMTP traffic being blocked. Services becoming listed in any spam blocklist or database (e.g. SpamHaus, SpamCop) may result in service termination.
- Compliance with law - Our products and services may be used only for lawful purposes. Transmission of, distribution of, storage of, or linking to any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by Canadian law.
- CPU and disk load - in order to maximize affordability and flexibility, virtual machines are assigned a portion of available CPU resources and disk I/O rather than specific dedicated CPU cores or physical disks. Each VM has an associated baseline CPU and disk I/O performance. If the VM's resource utilization exceeds this baseline for an extended period of time, it will be throttled to the baseline performance. The wiki specifies the baseline performance and details on the system.
- Allowed uses - the following are specific server usages that are allowed, provided that it does not violate other areas of our terms of service or acceptable usage policy: private proxies and private virtual private networks, adult content, legal BitTorrent usage, Tor non-exit relay nodes.
- New accounts must be registered without the use of a proxy, VPN, VPS, dedicated server, or similar service. Accounts registered through such services may be disabled.
- Tax for Canadian customers is not included in listed prices. The tax rate depends on the customer's province.
- Duplicate billing accounts in the billing area are prohibited. Individuals or organizations requiring multiple services relating to that same individual or organization must maintain those services on a single billing account. In case of duplicate accounts where one of the duplicates is suspended or terminated for abuse, the others may be suspended or terminated without refund; otherwise the accounts may be merged after twenty-four hour notice.
- A low credit reminder e-mail will be sent at least forty-eight hours before credit reaches zero. Services will be suspended shortly after credit becomes negative, and may be terminated if payment is not received shortly thereafter. Clients will always receive at least seven days notice before service suspension.
- Bandwidth usage in excess of a billing account's per-region monthly bandwidth pool will be billed at $0.003 per GB (customers can opt to have virtual machines be automatically shutdown before exceeding the bandwidth pool via settings under Account tab). Bandwidth usage is computed on a per-region per-calendar-month basis. Active virtual machines provisioned before the beginning of the current calendar month add the total plan bandwidth to the account's available bandwidth pool for the region (e.g. Toronto/Montreal), while instances provisioned during the month add an amount of bandwidth proportional to the remaining time in the month. Similarly, deleted virtual machines add an amount of bandwidth to the pool proportional to the time that they were active in the current month. Bandwidth usage is the sum of incoming and outgoing traffic on the external IP addresses of virtual machines in each region, during the current calendar month.
- Any issuance of a billing dispute or payment chargeback will result in a $60.00 administrative fee; this fee, along with any fees charged by the payment processor and money refunded due to the dispute or chargeback, will be subtracted from account credit. Services may be suspended or terminated until this fee is paid.
- Refunds: unused account credit may be refunded upon request, subject to the following conditions:
- Promotional credit - promotional credit (i.e., credit added not from a deposit, but from a coupon or promotion) cannot be refunded. Any promotional credit added to your account since your account's creation will be subtracted from the refund amount.
- CAD/BTC deposits - credit is stored as USD on the Luna Node Dynamic platform. Non-USD deposits will be refunded in the same currency as the deposit, and at the same currency-to-credit conversion rate (except for BTC, which will be refunded based on the current USD/BTC conversion rate). (For example, if you deposit $15 CAD and receive $12 credit, and then request a refund after using $6 credit, then $7.5 CAD will be refunded.) If the customer has made deposits in multiple currencies, then the refund currency and amount will be determined based on the most recent deposit, except in the case where the resulting amount to refund would exceed the most recent deposit amount, in which case the refund currency or currencies and associated refund amount(s) will be determined at the sole discretion of LunaNode Hosting Inc.
- ToS violation - customers whose services have been suspended or terminated within the terms of this Terms of Service Agreement will not be eligible for a refund.
- Timeframe - a refund can be requested at any time. We will reply within five business days with the refund details (including the refund amount and method). Once the refund details are confirmed by the customer, LunaNode Hosting Inc. will process the refund within another five business days (excluding delays due to the payment processor).
- Any involvement in, or statements suggesting future involvement in, legal action against LunaNode Hosting Inc. may result in service termination, which may be without refund.
- While snapshot and other functionalities are available on Luna Node Dynamic, we do not automatically backup client data. LunaNode Hosting Inc. shall under no circumstances be responsible for data loss.
- LunaNode Hosting Inc. reserves the right to suspend or cancel any service provided for any reason, with or without notice. If a Luna Node Dynamic account is cancelled in its entirety without cause, remaining account credit will be refunded.
- LunaNode Hosting Inc. reserves the right to modify this Agreement at any time with or without notification. Upon modification, the modification time displayed at the bottom of this page will be updated. Once the modified Agreement is posted at https://www.lunanode.com/terms, customers agree to become bound by the new Agreement.
This document was last modified on 4 January 2018.