Acceptable Use Policy

Last Updated: March 22th, 2017

Monkey Mouth Web Hosting’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Monkey Mouth Web Hosting expects of them while using the service. All users of Monkey Mouth Web Hosting’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). You can read our Terms of Service by visiting our TOS page.

Use of Monkey Mouth Web Hosting Service constitutes acceptance and agreement to Monkey Mouth Web Hosting’s AUP as well as Monkey Mouth Web Hosting’s TOS (Terms of Service)

Important Notice

All Payments To Monkey Mouth Web Hosting Are Nonrefundable Unless Otherwise Stated

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Monkey Mouth Web Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Monkey Mouth Web Hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understanding of Monkey Mouth Web Hosting’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Monkey Mouth Web Hosting’s AUP:

Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
Monkey Mouth Web Hosting intends to provide its customers access to everything the Internet has to offer. While Monkey Mouth Web Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Monkey Mouth Web Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Monkey Mouth Web Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated server or virtual site to publish material, which Monkey Mouth Web Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Monkey Mouth Web Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

Violations of Monkey Mouth Web Hosting’s Acceptable Use Policy

The following constitute violations of this AUP:

DMCA Violation and take down procedure: When a DMCA violation has been reported, each customer is notified and is given 24 hours to send us back a proper response or remove the pages/material in violation. After the 24 hour period, the site is suspended until we receive proper correspondence. The second and third violations result in an automatic account suspension and a fourth violation will cause an account removal. You can read more about our DMCA process by visiting our DMCA page.

Illegal use: Monkey Mouth Web Hosting services may not be used for illegal purposes, or in support of illegal activities. Monkey Mouth Web Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Monkey Mouth Web Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of Monkey Mouth Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of Monkey Mouth Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Monkey Mouth Web Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Monkey Mouth Web Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Monkey Mouth Web Hosting account.

Bulk Mailings: Bulk mailings of any kind are not permitted to be sent from our shared (Personal, Business, Reseller) servers. This line item applies to mailings sent within the 1000 emails per hour limit as well.

E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Monkey Mouth Web Hosting account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Monkey Mouth Web Hosting service is in violation of this AUP.

Unauthorized access: Use of the Monkey Mouth Web Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Monkey Mouth Web Hosting or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Monkey Mouth Web Hosting account is subject to immediate termination.

Copyright or trademark infringement: Use of the Monkey Mouth Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Monkey Mouth Web Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Free Hosting/Image Hosting Providers: Use of the Monkey Mouth Web Hosting service (shared hosting accounts) to provide free hosting or image hosting to the general public is illegal.

Reselling of Services: Shared services, except for ResellerClass accounts, can only be resold to a single party. Our shared plans were not designed to host several different organizations and parties.

Network disruptions and unfriendly activity: Use of the Monkey Mouth Web Hosting service for any activity which affects the ability of other people or systems to use Monkey Mouth Web Hosting Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Monkey Mouth Web Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Monkey Mouth Web Hosting services could result in suspension service.

Verbal abuse of support personnel: Verbal abuse of Monkey Mouth Web Hosting personnel is not tolerated. Customers who continue to verbally abuse support personnel may be warned or asked to use a different provider.

Third Party Accountability: Monkey Mouth Web Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability. Monkey Mouth Web Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Monkey Mouth Web Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Monkey Mouth Web Hosting systems or networks. Monkey Mouth Web Hosting reserves the right to terminate or limit such activities.

Reporting Violations

Monkey Mouth Web Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the abuse department. The support ticket system can be found via our Support Ticket page.

If available, please provide the following information:

The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information.

Revisions to this Acceptable Use Policy

Monkey Mouth Web Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

 

Terms and Conditions

Last Updated: March 22th, 2017

MonkeyMouthWebHosting.com (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Monkey Mouth Web Hosting Service constitutes acceptance and agreement to the Monkey Mouth Web Hosting AUP as well as Monkey Mouth Web Hosting Terms of Service.

All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy) of Monkey Mouth Web Hosting . The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of New York, city of New York City, borough of Brooklyn, Kings County,applicable to contracts enforceable in that state. Venue will be Brooklyn, Kings County, New York.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, Monkey Mouth Web Hosting shall have the right to terminate all service set forth in this Agreement.

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Monkey Mouth Web Hosting may be turned over to an outside collection 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 than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS. If a canceled account is reinstated and requires a restore from backups, a $150 fee will apply. Any credit card chargebacks placed on payments made to Monkey Mouth Web Hosting will incur a $35.00 penalty.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Monkey Mouth Web Hosting employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Monkey Mouth Web Hosting employees or legal threats against the company are viewed as extremely serious.Monkey Mouth Web Hosting reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.

Website File Transfer: Our team will make every effort to help you move your site to us. However, free transfers are provided as an value-added service, and we can not make guarantees regarding the availability, possibility, or time required to complete a website file transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to transfer some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Generally, we will only provide the free transfer of static site files. Transfer of email accounts, databases, or re-configuration of PHP/ASP.NET or other applications applications on our servers are done at an extra cost or left to the user. Free website file transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Monkey Mouth Web Hosting staff.

For further questions on our free website file transfer policies, please contact support directly.

The free website file transfer promotion applies to customers who purchase any shared or cloud-based Linux plans. This offer is only valid to customers who purchase hosting services for at least a year. This offer is not valid for resellers or affiliates. The customer must request this transfer promotion at checkout or by opening a suppot ticket with support within 7 days after hosting purchase. The promotion does not have any cash value and cannot be combined with any other offers or promotions. databases, email accounts, messages, FTP accounts, subdomains, addon domain and parked domains are not included in the free website file transfer and should be requested by the customer at additional cost.

Clients must assist in all additional assistance that may be needed during the transfer, which includes but is not limited to: contacting its previous host in case of technical problem on its side, etc.

Website content greater than 250 MB cannot be transferred for free as part of the transfer promotion.

We cannot guarantee a successful transfer if any of the following conditions are present:

  • If the website uses a different PHP version than what Monkey Mouth Web Hosting currently uses
  • If the website uses a different server settings that are different from Monkey Mouth Web Hosting servers
  • If the server of the previous host continuously experiences timeouts during the transfer

Website Content Migrations: Our team will make every effort to help you move your website to us. However, website content migrations are provided as an additional service, and we can not make guarantees regarding the availability, possibility, or time required to complete a website content migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Paid account transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Monkey Mouth Web Hosting staff.

For further questions on our paid website content migration policies, please contact support directly.

Clients must assist in all additional assistance that may be needed during the transfer, which includes but is not limited to: contacting its previous host in case of technical problem on its side, etc.

Email accounts and messages can only be transferred if the previous hosting account was managed with cPanel version compatible with Monkey Mouth Web Hosting’s cPanel. FTP accounts can only be transferred if the previous hosting account of the customer was managed with a cPanel version compatible with Monkey Mouth Web Hosting’s cPanel. Subdomains, addon domain and parked domains should be additionally recreated on the Monkey Mouth Web Hosting customer’s account if the previous hosting account of the customer was NOT managed with a cPanel version compatible with Monkey Mouth Web Hosting’s cPanel. Re-configuration of PHP/ASP.NET or other applications on our servers are done at an extra cost or left to the user. The website transfer can take up to 14 days to be completed after all necessary information is provided by customer.

We cannot guarantee a successful transfer if any of the following conditions are present:

  • If the website uses a different MySQL version than what Monkey Mouth Web Hosting currently uses
  • If the website uses a different PHP version than what Monkey Mouth Web Hosting currently uses
  • If the website uses a different server settings that are different from Monkey Mouth Web Hosting servers
  • If the server of the previous host continuously experiences timeouts during the transfer

Website content greater than 2GB will incur additional fees to be transferred.

Account Cancellation: All requests for canceling accounts can be requested by terminating all services in your client control panel, creating a support ticket, or by contacting our sales department. If contacting us by email, please use the email that you have on record with us and include your billing username, last 4 characters of your billing password and your domain name in the email.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Money Back Guarantee: 7 Day money back guarantee will only be offered under our Personal, Personal Pro, Business, Business Pro, and Managed WordPress Hosting plans . Refunds will not be given to accounts that have been canceled or suspended due to abuse of our services based on our terms of service and acceptable use policy. Money back due to lower than 99.9% of up time will be provided on all packages except for domain names. Amount due back is calculated by taking the percentage of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month. No refunds will be given on domain names, SSL certificates and dedicated servers. Refunds will only be given when the refund request is received within 7 days of the creation of the account being cancelled. Money back guarantee only applies to new accounts and does not apply to account upgrades.

Support Boundaries: Monkey Mouth Web Hosting provides online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Monkey Mouth Web Hosting provides support related to your server or virtual site physical functioning. Monkey Mouth Web Hosting does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Monkey Mouth Web Hosting does not provide technical support for YOUR customers (in case of resellers). If you can email, we encourage you to open a support ticket for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

SPAM and Unsolicited Commercial E-mail (UCE): Monkey Mouth Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Monkey Mouth Web Hosting may not use or permit others to use our network to transact in UCE. Customers of Monkey Mouth Web Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Monkey Mouth Web Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Monkey Mouth Web Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Monkey Mouth Web Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Monkey Mouth Web Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Monkey Mouth Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Monkey Mouth Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $35 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.

As our resellers are ultimately responsible for the actions of their clients over the Monkey Mouth Web Hosting network, it is advisable that resellers develop a similar, or stricter, policy for their clients.

IP Address Ownership: If Monkey Mouth Web Hosting assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Monkey Mouth Web Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Monkey Mouth Web Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Monkey Mouth Web Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Monkey Mouth Web Hosting, and Monkey Mouth Web Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Monkey Mouth Web Hosting staff members will judge based on server performance on what type of activity is considered as abusive.

Background Processes: Background processes are not permitted on the Personal Class level of services. Please consult the sales department on whether your application can be handled by your product of choice.

Cron Jobs: While customers are able to setup cron jobs through their control panel (linux only), cron job timing can not be quicker than every 5 minutes. Each server will revert ‘every minute’ cron jobs to every 5 minutes on a nightly basis.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Monkey Mouth Web Hosting will monitor Customer’s bandwidth and disk usage. Monkey Mouth Web Hosting shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Monkey Mouth Web Hosting sole and absolute discretion. If Monkey Mouth Web Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.

Examples of unacceptable material on all Shared servers include:

  • Torrent Sites
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Monkey Mouth Web Hosting Network. Violations of system or network security may result in civil or criminal liability. Monkey Mouth Web Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
  • Taking any action in order to obtain services to which such User is not entitled.

Backups and Backup Access: Customer acknowledges that individual site backups are the responsibility of the customer. Monkey Mouth Web Hosting keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.

Suspension of Service or Cancellation: Monkey Mouth Web Hosting reserves the right to suspend network access to any customer if in the judgment of the Monkey Mouth Web Hosting network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Monkey Mouth Web Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

Right to refuse service: Monkey Mouth Web Hosting reserves the right to refuse service to any customer at any time within reasonable means/requests.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. email, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date in our control panel.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Monkey Mouth Web Hosting takes no responsibility for any material input by others and not posted to the Monkey Mouth Web Hosting Network by Monkey Mouth Web Hosting. Monkey Mouth Web Hosting is not responsible for the content of any other websites linked to the Monkey Mouth Web Hosting Network; links are provided as Internet navigation tools only. Monkey Mouth Web Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

Monkey Mouth Web Hosting is not responsible for any damages your business may suffer. Monkey Mouth Web Hosting does not make implied or written warranties for any of our services. Monkey Mouth Web Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Monkey Mouth Web Hosting.

Expired Registration Recovery Policy (ERRP)

  • If you are registering or transferring a domain name, you must also agree to the Domain Name Registration Agreement.
  • Domains shall be renewed at the same price as new registrations.
  • The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.
  • Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $250 plus the fee for a 1 year renewal of the domain.

Responsibility for Content: You, as a Monkey Mouth Web Hosting client, are solely responsible for the content stored on and served by your Monkey Mouth Web Hosting hosting account and/or server.

 

Privacy Policy

Last Updated: March 22th, 2017

Monkey Mouth Web Hosting, LLC (“Monkey Mouth Web Hosting”) is committed to upholding the integrity, privacy, and security of customer and/or user (“Customer”) information. This Privacy Policy serves to establish our commitment to Customer privacy and security, as well as explain the policies and procedures Monkey Mouth Web Hosting adheres to regarding the collection and use of Customer data.

Privacy: Monkey Mouth Web Hosting is devoted to creating and nurturing a trusting relationship with its Customers, built on the knowledge that any personal information collected is kept private and secure. In undertaking this commitment, Monkey Mouth Web Hosting will do everything in its capacity to ensure that the integrity of its Customer’s privacy is upheld.

Information Collected: Monkey Mouth Web Hosting uses various methods of data collection for ordering and support purposes. These methods include voluntary collection methods, such as through online registration forms, online and offline customer communications, and sales transactions, as well as automated collection systems such as communication protocols and cookies.

The personal information collected by Monkey Mouth Web Hosting from Customers varies depending on the method of collection. Personal Identifying Information is collected voluntarily through the use of forms and for the use of the registration and billing of the Customer. This information may include name, title, address, phone number, and e-mail address, as well as information necessary for any financial transactions, such as credit card, CVV, and payment information. Automated means of collection, such as cookies and/or log files, are used to collect information about the use of Monkey Mouth Web Hosting as well as user preferences and privileges.

Automated Information Collection: Monkey Mouth Web Hosting uses common automated information collection systems such as cookies and log files to facilitate the connection between the Customer’s computer and the Monkey Mouth Web Hosting servers. There are two types of cookies (pieces of data stored on the user’s computer) used by Monkey Mouth Web Hosting: Session cookies and Persistent cookies. These cookies serve to uniquely identify each user, as well as store session and user-specific settings and preferences in or between user sessions. Cookies do not contain personally identifiable information, and, while Monkey Mouth Web Hosting doesn’t offer an option to opt-out of cookies, browsers provide tools to monitor and control the acceptance, duration, and use of cookies.

Monkey Mouth Web Hosting also makes use of log files in order to track information such as internet protocol (IP) addresses, browser type, internet service provider (ISP), platform type and date/time stamps. Included in the log files, Monkey Mouth Web Hosting gathers information that can be used in trend analysis, administration of the site, and overall demography tracking; this information is gathered through the counting of clicks and not linked to personally identifiable information.

Use of Information: Monkey Mouth Web Hosting uses collected information for a variety of purposes. These purposes include completing transactions for service, to best respond to user support or sales inquiries, to notify or alert customers of events relevant to their service, and to better accommodate the overall needs of Monkey Mouth Web Hosting customers. To this end, Monkey Mouth Web Hosting may need to share some of the data collected with banking institutions, outside contractors, or trusted affiliates. This information will not be transferred to any of the aforementioned parties unless they are proven to subscribe to the Safe Harbor Principles or are, themselves, subject to the EU Directive on Data Protection and thereby provide the same level of privacy protection required by the Safe Harbor Principles.

Information collected by Monkey Mouth Web Hosting may also be used to evaluate the adequacy of current systems of marketing and sales, as well as provide insight into the effectiveness of potential changes within these systems. Under no circumstances will Monkey Mouth Web Hosting share this information with a third party for compensation or for free, unless the Customer specifically authorizes the disclosure.

Aggregate, anonymous data collected may be used by Monkey Mouth Web Hosting in discussion and/or correspondence with investors and potential partners. This data is statistical in nature, and will not include personally identifiable information. If the ownership is changed, information collected by Monkey Mouth Web Hosting may be transferred to the new owners.

Security: Because Monkey Mouth Web Hosting considers the security of Customer’s information paramount, Monkey Mouth Web Hosting utilizes industry standard security measures to protect Customer Data from unauthorized access. These measures, which include policies, employee training, and physical access, as well as system protocols and mechanisms, contribute to the secure exchange and transmission of sensitive data. Particularly sensitive information, such as credit card numbers collected for financial transactions, is encrypted before its transmission to Monkey Mouth Web Hosting by the Customer.

While Monkey Mouth Web Hosting takes the utmost care in preserving the security of its Customer’s information, it is important to note that we cannot guarantee that the loss, misuse, or alteration of this data will not occur. In the event of such an occurrence Monkey Mouth Web Hosting will notify the affected individual of the transgression by email, fax, or, if necessary, U.S. Mail. Notification will be provided promptly, unless it stands to impede on a criminal investigation, in which case Monkey Mouth Web Hosting may have to wait until such a notification is not foreseen to compromise the investigation.

Special Offers and Updates: From time to time Monkey Mouth Web Hosting Customers may receive promotions for new products, services, or deals. Monkey Mouth Web Hosting respects the privacy of its Customers, and has included an opt-out option for these emails.

Service Announcements: In the event that a Customer’s service is going to be effected by scheduled or unscheduled maintenance, it may be necessary to send out a strictly service-related announcement. These emails are not optional, however they are intended to act as a professional notification rather than promotional.

Legal Disclaimer: While Monkey Mouth Web Hosting is dedicated to maintaining the integrity of its Customer’s privacy, in the event of suspected or reported fraudulent and/or illegal behavior while using the services of Monkey Mouth Web Hosting resulting in, or probable to result in, a subpoena, court order, or another applicable legal process it may be necessary to disclose personal information. In the case of the aforementioned, Monkey Mouth Web Hosting will notify the Customer of the information request and, if deemed necessary, submission.

It is important to note that the websites linked to by Monkey Mouth Web Hosting are not, nor should they ever be assumed, associated with or regulated under the Privacy Policy held by Monkey Mouth Web Hosting. This Privacy Policy is only to be applied to Customer data collected by Monkey Mouth Web Hosting, and we encourage the further inspection of the Privacy Policies of any website collecting your personal information.

Customer Responsibility: It is the responsibility of the Customer to securely store their login information, such as usernames and passwords, or any other information necessary to access their private information maintained within the Monkey Mouth Web Hosting systems.

It should be noted that there are programs, such as key-loggers and viruses, that can intercept this information from the computers used to access your Monkey Mouth Web Hosting account. Caution should be taken when using computers other than your own, especially on those used by a number of other users, such as in public.

 

DMCA

Last Updated: March 22th, 2017

The Digital Millennium Copyright Act (DMCA) has very specific requirements for notifications of alleged infringement. For NMonkey Mouth Web Hosting to process a notification, it must comply substantially with all of the criteria. To help you prepare a notification that can be quickly, efficiently, and successfully processed, we provide the following guidance with respect to how we interpret the need to “comply substantially:”

  • Notifications must be submitted by email to dmca (at) monkeymouthwebhosting.com (PDF attachments are acceptable), or by postal mail to this address:

    Monkey Mouth Web Hosting
    DMCA Notifications
    PO Box
    Bronx, NY 10465
    USA

  • Notifications must be signed by the holder of the infringed copyright or the holder’s authorized agent. Signatures must be a physical signature or an electronic signature in a recognized and industry-standard format that we can verify (e.g. PGP). Unsigned notifications or notifications with unverifiable digital signatures will not be processed.
  • Notifications must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content sufficient for us to locate the specific material. It is not sufficient to simply identify a site by name or base URL unless you are alleging under penalty of perjury that the entire site and every byte of content therein is infringing.
  • Notifications must clearly and specifically identify the exact copyrighted material that is being infringed. If you cannot clearly identify the copyrighted work being infringed, it is likely your claim involves another sort of intellectual property right and the DMCA process is not applicable.
  • Notifications must include reasonably sufficient contact information for the copyright owner and, if applicable, the copyright holder’s authorized agent.
  • Notifications must include a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Notifications must include a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • The DMCA is a US law. In cases where the authorized agent submitting the notification is outside the United States, notifications must include a statement that the complaining party is voluntarily submitting to the jurisdiction of United States law with respect to the notification and all actions arising therefrom. If you want our country’s protections, be prepared to accept the corresponding responsibilities.

If your notification does not meet all the legal requirements, processing may be delayed until the requirements are met, or it may not be possible to process it at all. If possible and reasonable, we will notify you if there are problems that prevent us from processing your notification.

Questions about the Digital Millennium Copyright Act and/or its provisions as they may or may not apply to you or your rights therein should be directed to a legal professional. This document is provided as a courtesy by Monkey Mouth Web Hosting to help persons with legitimate copyright concerns with member sites get their concerns addressed in the most efficient possible way. It is not a substitute for competent professional legal counsel.

Monkey Mouth Web Hosting provides complete copies of all notifications received to the operator of any site referenced in the notification, and reserves the right to make copies available to third parties for academic study and legal review as we see fit.

Under no circumstances will Monkey Mouth Web Hosting treat any use, or abuse, of the DMCA notification process as confidential, even if the notification specifically requests otherwise.