Use of services and/or products provided by Monster Technologies, Inc. constitutes acceptance and agreement of Monster Technologies, Inc.'s AUP (Acceptable Use Policy), TOS (Terms of Service) and SLA (Service Level Agreement). From here within this TOS, AUP and SLA, the usage of “us” “we” “our” or “ours” shall constitute reference to Monster Technologies, Inc., MonsterWeb, Monster Web, MonsterWeb.net, Computers First, Computers 1st, the company and any affiliated sites run or administered by Monster Technologies, Inc. The usage of “you” “your” “they” or “them” shall refer to the client/customer of Monster Technologies, 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 Monster Web that you are agreeing to our TOS, AUP and SLA. No modification of said contract by the customer is allowed. 2. Monster Web 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. Monster Web 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, video file streaming or storage, audio file streaming or storage, and other misc. activities that should otherwise not be placed in a shared hosting environment as determined by Monster Web 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 Monster Web’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 Monster Web’s discretion. We also reserve the right to suspend or ban any client that we feel is violating our content policies. Also, Monster Web will not tolerate any illegally posted materials on our network. These include, but may not be limited to:- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, including but not limited to: video, music, TV and radio
Network Uptime:
This is the total time in a calendar month that Monster Web's network is available through the internet, provided that the customer has established connectivity. Monster Web 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 Monster Web’s network as confirmed by Monster Web 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 Monster Web 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 Monster Web'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.Additionally, it is important to note that Monster Web closely monitors IP addresses that attempt large numbers of unauthorized logins. As such, in an effort to protect our customers from spam, fraudulent postings and signups, Monster Web blocks individual IP's and certain IP ranges that are considered to be 'high risk'.
Payment and Fees:
Establishment of service through Monster Web is contingent upon receipt of payment from the customer to Monster Web 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 Monster Web 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:
Monster Web 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 Monster Web, 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 Monster Web 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 Monster Web 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, Monster Web has ID Protection service available to purchase with your domains. Monster Web does not own our clients domains, but simply registers them through the national ICANN database on behalf of the client. In essence, we simply assist our clients with domain management and will not make any changes to the domain without the clients confirmation unless necessary from a technical standpoint. If you wish to transfer the domain away from Monster Web we will do everything we can to assist you in the transfer process, but your account balance (including, but not limited to, open invoices for design and development) must be paid in full prior to any transfer approvals.Account Cancelation:
All requests for canceling any service/services must be made in writing via e-mail to helpdesk@monsterweb.net at least fifteen (15) days but not more than thirty (30) days prior to cancelation. 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 Monster Web personnel as needed. Alternatively, cancelation of services can easily be done by the client from within our fully automated Account Manager.Refunds and Disputes:
All payments to Monster Web are non-refundable. This includes any setup fees, hosting fees, and, without exception, any charges related to domain registration or domain related products, regardless of usage. All billing disputes must be reporting within thirty (30) days of the billing date. A disputed charge to your credit card issuer, also known as a charge back, which, in Monster Web's discretion, is valid under our terms and conditions (which includes the SLA, AUP and TOS) will result in service interruption, suspension and possible termination of all products, services, and accounts associated with the cardholder. Additionally, reconnection fees to restore the desired service may be assessed as necessary. Charge backs of any kind will result in charge back fees being assessed to the clients account. These fees are passed on to the client from charges assessed to Monster Web by the merchant account provider.Data Backups:
Monster Web is not responsible for the backup or restoration of any data. This includes "flat files", database records, emails or even an entire database. IT IS YOUR RESPONSIBILITY TO BACKUP YOUR 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. Monster Web shall not be liable for loss of data under any circumstances. Monster Web is NOT responsible for ANY data loss, regardless of cause, for ANY reason, under ANY circumstances for ANY customer that uses Monster Web. This also includes MonsterWeb's Data Backup Service or any of our partners including, but not limited to services relating to those provided by Carbonite.com. Additionally, ALL customers that use any data backup solution provided by Monster Web also agrees with the terms and conditions provided by Carbonite. If there are any discrepancies or errors in either the Carbonite TOS or Monster Web's TOS, the client agrees that it doesn't matter since the client will NOT hold Monster Web liable for ANYTHING. If the client wants a guarantee, it is recommended that the client go elsewhere for data backup services.Monster Web is not responsible for testing your site, or backups, for use, functionality or data integrity. It is the clients responsibility to test, restore and validate the usefulness of any data backed up or stored at Monster Web. Additionally, any sites transferred to, or built by, Monster Web, should be thoroughly tested for functionality, and reviewed for content accuracy by the client. Any errors and omissions of content or issues related to the functionality of the site are the sole responsibility of the client. While Monster Web attempts to verify site functionality, it is the clients responsibility to test things like contact forms, links and site content.
INDEMNIFICATION:
CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDES, BUT IS NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL. Client agrees that it shall defend, indemnify, save and hold Monster Web harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Monster Web, agents, its clients, servants, officers and employees, that may arise or result from publication or use of client's materials, any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Monster Web against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Monster Web's services; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Hosting.