Terms and Conditions

Last Updated: Jan 3rd, 2020

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, the city of New York City, borough of the Bronx, Bronx County, applicable to contracts enforceable in that state. The venue will be the Bronx, Bronx 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 collectible 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 Subscriber 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 And 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 is 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 a 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 on our servers is 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 for 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 support 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 with all additional assistance that may be needed during the transfer, which includes but is not limited to contacting a previous host(s) in case of a technical problem on their 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 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 website content migrations 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.

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 the 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 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 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, VPS, and dedicated servers. Refunds will only be given when the refund request is received within 7 days of the creation of the account being canceled. Money back guarantees only apply to new accounts and do 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 Email (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 unsolicited commercial email. Customers of Monkey Mouth Web Hosting may not host, or permit hosting of, sites or information that are advertised by unsolicited commercial email 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 the authorization to use those IP addresses that could be used with name-based hosting.

System Resource Usage:

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 cannot 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 account 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 in 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, telephone, and fax contacts are used, in that order of preference. This information can be kept up to date via 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. The Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at any time 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 normal fee for a 1-year renewal of the domain.

Responsibility For Content

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