Legal Documentation

Genral Summary

In this legal documentation (the “Agreement”) are an agreement between MonarkHost (“MonarkHost™” or “Us” or “Our”) and you (“Customer,” “you” or “your”). This Agreement sets forth the general terms and conditions of the use of our website, system, API, platforms and the use and/or purchase of our services and related product and for purchase and/or use of services and products made available by MonarkHost™ of our partners(collectively, the “Services”). By using the Services, you agree to be bound by this Agreement.

We reserve the right to update or modify this Agreement at any time. In such cases we will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the legal documentations.

This legal documentation will cover the following policies. By using the Services, you also agree to the terms of the following policies;

Terms of Service

❶ Account Eligibility & Information

You represent and warrant that you are at least eighteen (18) years of age.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. if you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use our services.
You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. In connection with Your registration, You agree to keep Your Account information and password confidential.
You agree to notify Us immediately of any actual or suspected unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account.

❷ Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.
It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
In case of high risk transactions which might be flagged by our anti-fraud checks, Monarkost may ask the customer to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

❸ Billing Payments

Customer agree to supply appropriate payment for the services received from MonarkHost™, in advance of the time period during which such services are provided. You agree that until and unless you notify Us of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Accounts will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, the Company shall be entitled to unilaterally terminate this Agreement and discontinue the service.
If We chooses to not terminate the service immediately, We still retains the option to do so at any time prior to the Customer bringing the account up to date. Further, the Customer agrees to have the account brought up to date upon providing updated payment information.
Our automated billing system will impose a late fee on any invoice that becomes past due. The Company may suspend services at any time after Customer fails to pay for services.
You are responsible for paying all Fees associated with the use of the Services and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon against the Services or any other services provided under this Agreement. If it is necessary for us to make adjustments in the Fees and surcharges charged for the Services in order to cover certain increasing costs incurred by Us in providing the Services, such adjustments will be notified to you by way of adjustment in your invoice provided to you for the Services, and you agree to pay for any of such adjustments.

❹ Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers.
Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
MonarkHost™ reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of theh clean up fee is entirely on Our discretion.
The clean up fee will contain fee from damages to the servers, the process of cleaning the Spam up, and then a fee for all other costs associated at are discretion.

❺ Backups & Data Loss

The clients have full responsibility for the use of the services. We keeps daily, weekly and monthly backups, but it further recommends clients to keep their own backups, considering this is an additional and free-of-charge service.
We are not responsible for any damages that you or your business may suffer. Simply, We do not make implied or written warranties for any of our services.
We denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any service interruptions caused by Us.
It is your responsibility to backup your data at all times. We do not take any right to backup data, If a dataloss occurs, We will not be liable for this fault at any cost.

❻ Uptime Guarantee

MonarkHost™ strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Our monitoring systems or Our authorized/contracted outside monitoring services.
If MonarkHost™ fails to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis.
We don’t credit a full month’s service for minor downtime. This would not be financially healthy for Us, and in turn would only negatively affect the service level We provides to you. “Partial refunds for partial downtime” is our standard policy.
All requests must be made in writing via email. Uptime guarantees only apply to Shared/Reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. Exceptions to our this policy are;

Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of MonarkHost™ service(s) in breach of Our Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime).
Network floods, hacks, attacks from outside parties or individuals.
DNS issues not within the direct control of MonarkHost™.
Scheduled maintenance for hardware/software upgrades.

❼ Intellectual Property

You represent and warrant that your use of the Services shall not infringe the intellectual property or other proprietary rights of MonarkHost™ or any third party.
You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of MonarkHost™ and/or its licensors.
Unless otherwise specifically provided in this Agreement, you shall have no right, title, claims or interest in or to Our Intellectual Property.
You shall not copy, modify or translate any MonarkHost™ intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so.
Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Our intellectual property in any manner without the prior written consent of MonarkHost™.
In cases of any infringement of any intellectual property of third parties by you or any non compliances of any applicable laws of the jurisdiction of your operations, we will not be liable for any damages or compensation (if any) to be paid to the third party and/or government authorities and you shall keep the Company indemnified in this regard.

❽ Limitation of Liability

MonarkHost™ makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers.
In no event shall MonarkHost™ be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site.
If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

❾ Indemnity

The clients have full responsibility for the use of the services. We keeps daily, weekly and monthly backups, but it further recommends clients to keep their own backups, considering this is an additional and free-of-charge service.
Even considering that the backups are guaranteed, they cannot be fully checked for confirmation of every file or directory. We are not liable for the loss of any files and/or information.

Acceptable Use Policy

❶ Use Of MonarkHost™ Service(s)

Violation of copyrights or any other third part right;
Sale of counterfeited products;
Threats, abuse, harassment, slander;
BiTTorrent Trackers / Seedboxes;
Materials inciting to hatred or discrimination;
Child Porn, Revenge Porn & Zoophilia;
Advancing illegal activities (hacking, cracking, warez, etc.);
Collection of personal information to be used for illegal purposes;
Anonymous or Bulk SMS Gateways & Un-License VoiP Gateways;
Forums and/or websites that distribute or link to warez/pirated/illegal content;
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, etc);
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).

Any complaint received in this respect shall be forthwith forwarded to the client to have the issue addressed between the two parties involved (client and complainer), but MonarkHost™ may decide to directly suspend or terminate the service provided, term of the scope and severity of the complaint.
All the services provided by MonarkHost™ are used and administered by the client, and any use of these services is the exclusive responsibility of the client, as We have no or just limited access to the information and the activities carried out, and cannot be held accountable for any violation of the applicable legal provisions or the trademarks or the copyrights of their authors.
MonarkHost™ abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality.

❷ Excessive Resource Usage

Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on our Shared Servers. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Generating more than 300http/Port80 hitts per 30 seconds.
Participate in any file-sharing/peer-to-peer activities.
Run cron entries with intervals of less than fifteen (15) minutes on our Shared Servers.
Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

❸ Dedicated / VPS Servers

Dedicated / VPS servers are delivered with SSH root access. We don’t store server login credentials anywhere in our system, thus it is entirely client’s responsibility make sure the credentials are saved in a secure place on their behalf. Servers come with pre-installed OS and control panel that customer can chooses when ordering the service.

❹ Account 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

Payments & Refunds

❶ Payment Methods

Paypal
Skrills
Credit Card
Wire Transfer
Western Union
Webmoney
PerfectMoney

❷ Refund Policy

We have prepared this refund policy to explain the scenarios in which you may request a refund for products and services acquired from MonarkHost™. General terms apply to all refund eligible services. In addition, there may be special terms that apply to specific products and/or services, which are outlined separately below;

We do offer 7-days refund policy on Shared Hosting only.
NO REFUND policy for VPS & Dedicated Servers.
NO REFUND for License Fees, Administrative Fees, Domain Names & SSL ceritificates.
Violations of the Terms of Service will waive the refund policy.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund.

❸ Payments, Suspension & Termination

Invoices for all the hosting services are generated 15-days before the due date and billing system sends several reminders for the due invoice. So, its your responsibility to use correct contact information so you can receive such emails on timely basis.
Shared Hosting accounts are suspended after 5-days of due date and the account will automatically be removed from our servers after 30-days of suspension.
VPS & Dedicated Servers are suspended if the invoice is not paid on due date.
And, if the invoice remains unpaid for 3-days and we don’t receive any update from your side, your server will be terminated. Once, the server is terminated / recycled all the data will be lost.
Once the service has been terminated, there is absolutely no way to restore / get the data hosted on it. So, its your responsibility to avoid such delay in monthly payments.

Privacy Policy

❶ MonarkHost™ Privacy Policy

MonarkHost™ is committed to protecting each customer’s privacy. This Privacy Policy sets forth our privacy practices with regard to the information that we collect when you interact with our website and services. By accessing Our website and services, you consent to the information collection and use described within.

❷ Collection of Information

For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit. The information we collect is used for internal review and is then discarded, not shared with other organizations for commercial purposes.

❸ Log File

MonarkHost™ may use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

❹ Security / Encryption

We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and notify visitors through a pop-up screen on our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may reach us at info[@]monarkhost.com