Hosting, Design, & Development
Use of MonsterWeb’s service constitutes acceptance and agreement to MonsterWeb’s AUP (Acceptable Use Policy) as well as MonsterWeb’s TOS (Terms of Service). From herewith in this TOS, AUP and SLA, the usage of “us” “we” “our” or “ours” shall constitute reference to MonsterWeb, Inc. the company and any affiliated sites run or administered by MonsterWeb, Inc. The usage of “you” “your” “they” or “them” shall refer to the client/customer of MonsterWeb, Inc.
Acceptance of Contractual Agreement:
1. Client agrees that by placing an order, either by electronic
ordering (web order form) or submission of a written contract,
and receipt of such order by MonsterWeb, Inc. that you are
agreeing to our TOS, AUP and SLA. No modification of said
contract by the customer is allowed.
2. MonsterWeb, Inc. will provide and customer will purchase
and pay for the services and service fees specified in the
order for the applicable service description. Customer acknowledges
that the service and service fees have been communicated
to the customer and that they are aware of all applicable
charges as per the contract, AUP, SLA and TOS. Customer
also understands that any promotional offers, unless specified
in contractual terms, will not be applicable to their individual
service.
3. MonsterWeb Hosting is intended for "normal" website usage. Client
agrees that website hosting services will not be used for services,
such as, but not limited to, web drives, outsourced email (reselling
or giving away email addresses), file sharing, reselling in general, and other misc.
activities that should otherwise not be placed in a shared hosting environment
as determined by MonsterWeb staff. For web services requiring dedicated servers,
please request a personalized quote.
Items that may not be posted on our network:
In no form is sexually explicit or violent content allowed
to reside on MonsterWeb’s servers. Basically, anything
offensive or otherwise not widely accepted by the general
public will not be allowed. We are a family oriented company
and do not want questionable content on our servers. Also,
our servers are designed for fast web hosting, and by contrast
are not designed for FTP drive access or system backups
which use a large amount of system resources. Any account
using the servers for data backups will be suspended or
banned at MonsterWeb’s discretion. We also reserve
the right to suspend or ban any client that we feel is violating
our content policies. Also, MonsterWeb, Inc. will not tolerate
any illegally posted materials on our network. These include,
but may not be limited to:
If you find any of the above material hosted on one of our web servers, please report it to abuse@monsterweb.net.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.
At least 90% of your web pages must be linked with web files stored on MonsterWeb's server. Web sites that are found to contain either/or no html documents or a large number of unlinked files are subject to file deletion or account suspension at the discretion of MonsterWeb management, with or without prior notice.
Your account gives you access and use of MonsterWeb's e-mail service. This does not mean that you may use such to send unsolicited bulk e-mail or unsolicited communications. You may not use the user directory or any other area of MonsterWeb's servers to harvest or collect information, including e-mail addresses and the use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited.
Network Uptime:
This is the total time in a calendar month that MonsterWeb,
Inc. network is available through the internet, provided
that the customer has established connectivity. MonsterWeb,
Inc. takes responsibility for network availability within
our network, however, we cannot be held liable for upstream
problems outside of our network. While we try to maintain
100% uptimes, there are times when problems can occur outside
of our control. In addition to these unexpected issues,
periodic maintenance and security updates may make server
access unavailable at certain times. These outages are typically
brief in nature as we try to do maintenance during times
that will affect the fewest number of our customers.
Network Outages or Unscheduled Downtime:
This is any unplanned or unscheduled interruption in service
availability during which the customer is unable to access
the services as described in the section titled “Network
Uptime” above. A network outage is defined as a period
in which 100% packet loss to our network is experienced,
which is determined to have been caused by a problem in
MonsterWeb, Inc.’s network as confirmed by MonsterWeb,
Inc. Downtime or outages are measured as the total length
of time of the unplanned interruption in service availability
in a calendar month.
Scheduled Downtime is any MonsterWeb, Inc. scheduled interruption
of services for the purpose of network upgrades or replacement
of any equipment in order to provide you with better service.
SLA Network Violations:
Performance credit exclusions: The following are excluded
from the monthly calculation of service availability: Scheduled
downtime; Problems outside of MonsterWeb, Inc.’s network
(upstream providers or client’s inbound connection)
not effecting 100% loss of our network; Interruptions or
failure of individual service caused by the client, their
employees’ client’s customer, etc. to their
service. These include inaccurate configuration, third party
software, and client abuse or over utilization of resources,
hacked servers, attacks, exploits, server hardware failures
or other users on server to cause the server to overload
which may cause downtime. We will do our best to remove
such offenders immediately.
Payment and Fees:
Establishment of service through MonsterWeb, Inc. is contingent
upon receipt of payment from the customer to MonsterWeb,
Inc. Subsequent payments are due on the anniversary date
of the specified service period. Any additional services
relative to a primary hosting account will be prorated to
the primary hosting account’s recurring billing date.
Any setup fees will be charged at full setup fee pricing
and are applied at the time of initial request of such services
unless a waiver of these fees has been established prior
to the start of service. Payment is due on the date defined
by the billing cycle. Returned checks will be assessed a $25.00
processing fee and service will be interrupted on accounts that
reach 10 days past due. Service interruption for nonpayment is
subject to a minimum $25.00 reconnect charge and a maximum of
$200. Accounts not paid by the due date are subject to a $9.95
late fee. Accounts that are not collectable by MonsterWeb, Inc.
will be turned over to an outside agency for collection. If your
account is turned over for collection, you agree to pay the
company a “processing and collection fee” of not
less that fifty dollars ($50.00) nor more than two hundred
dollars ($200.00).
Delinquent Accounts:
MonsterWeb, Inc. may temporarily deny service or terminate
this agreement upon failure of the customer to pay charges
when due. Such termination or denial will not relieve the
customer of responsibility for the payment of all accrued
service fees or any collection fees.
Delinquent Reseller Accounts:
Should your reseller account become delinquent and payment
is not paid to MonsterWeb, Inc., resulting in a suspension
of service, you will have 48 hours to make restitution for
the delinquent balance. Any account left unpaid after 48
hours of suspension, will allow for the reseller’s
client to be able to purchase services directly from MonsterWeb,
Inc. and assume financial responsibility of services from
that point forward. The balance must be paid in its entirety
by the client prior to lifting the service suspension. Resellers
shall not hold MonsterWeb, Inc. responsible for failure
to appropriately pay their invoices in a timely manner set
forth in your original contracts.
Domain Management:
In order to provide the best possible service and security to our
customers, your domain information will be kept private. MonsterWeb
does not own the domains, but simply registers them
through the national ICANN database on behalf of you the client. In
essence, we are simply the domain manager and will not make any
changes to your domain without your confirmation unless necessary
from a technical standpoint. If you wish to transfer your domain
away from MonsterWeb we will do everything we can to assist you
in the transfer process, but your account balance must be paid in
full prior to any transfer approvals.
Account Cancellation:
All requests for canceling any service/services must be
made in writing via e-mail to support@monsterweb.net at
least fifteen (15) days but not more than thirty (30) days
prior to cancellation. Your domain name and the last name
on your credit card must be included in the e-mail. Additional
verification may be required and will be requested by MonsterWeb
personnel as needed.
Refunds and Disputes:
All payments to MonsterWeb, Inc. are non-refundable. This
includes any setup fees and hosting fees regardless of usage.
All billing disputes must be reporting within thirty (30)
days of the time of the dispute occurred. A disputed charge
to your credit card issuer, also known as a chargeback,
in MonsterWeb, Inc.’s discretion, which is valid under
the terms and conditions of SLA, AUP and TOS, will result
in service interruption and reconnection fees to restore
the desired service.
Data Backups:
MonsterWeb, Inc. is not responsible for the backup or restoration
of any data. We strongly recommend that you use the backup
options in your control panel and keep copies of your data
off-site for emergency purposes. If data loss occurs, for
any reason, it is the client’s responsibility for
data restoration. MonsterWeb, Inc. shall not be liable for
loss of data under any circumstances.