Website Disclaimer

/Website Disclaimer
Website Disclaimer 2017-08-01T16:45:59+00:00

Website disclaimer

Take a look at our Website disclaimer.  Please take the time to read it as it’s important to us that you understand the contents.

 

1. Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; if you disagree with this disclaimer you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2017 Monster IT Services LTD.

3.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the web site or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law, or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
(a) are subject to Section 7.1; and
(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with [English law].

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].

11. Our details

12.1 This website is owned and operated by Monster IT Services LTD.

12.2 We are registered in England and Wales under registration number 8396508, and our registered office is at 175A Whiteway Rd, Bristol, BS5 7RR.

12.3 Our principal place of business is at 175A Whiteway Rd, Bristol, BS5 7RR.

12.4 You can contact us:

(a) by post, using the postal address [given above];
(b) using our website contact form;
(c) by telephone, on [the contact number published on our website from time to time]; or
(d) by email, using the email address published on our website from time to time].

 

 

Monster Hosting Order – Terms and Conditions for customers

Take a look at our Monster Hosting Order – Terms and Conditions for customers.
Please read through it carefully.
This page is intended for Web Hosting, Reseller Hosting, VPS Hosting and other related services.
Any references to “we”, “us” and “our” refer to Monster IT Services Ltd (trading as Monster IT).  Our company is registered in England and Wales.  Our company number is: 8396508 and has a registered office at:

175a Whiteway Road, St George, Bristol, BS5 7RR.

We only provide services for lawful use.  This includes any transmission, storage or presentation of any information, data or material (not in violation of any United Kingdom laws or international treaties).  This includes, but is not limited to copyrighted material and the material we judge to be threatening or obscene.  The subscriber agrees to indemnify and hold harmless Monster IT Services Ltd from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited Sites

Any sites promoting illegal activity or present content that may be damaging to our servers, or any other server on the Internet.  This includes links to Pirated software, hacker programs/archives, Warez sites.  If you violate this agreement you will be asked to remove the offending content.  If you do not do this we will terminate your account.  We will not refund you.

Domains

We may provide you with a domain name via Nominet.  Our “.co.uk” names are provided by Nominet and therefore you will be bound by Nominet’s Terms and Conditions.  These can be found here – Nominet

Domain Expiry

Our domain names are renewed on an annual basis.  We will remind you in advance of their expiry.  It’s your responsibility to make sure your contact details are up to date.  We take no responsibility if your domain renewal fails due to your contact details being incorrect.  If you do not wish to renew a domain please make sure you contact us a minimum of 14 days before your domain expires by emailing us.
If you do not renew your domain before its expiry date, all services we provide will be suspended.  We will not guarantee the renewal of a domain name.

Bandwidth/Disk Space Usage

We operate an ‘unlimited’ service.  This means we do not actively limit your account on disk space or bandwidth.  However, this is subject to fair use.  Any users that are using excessive amounts of bandwidth/disk space may need to be upgraded.  We will bill you accordingly.
No physical or virtual server can have an “unlimited” disk size due to limitations in both hardware and software.  If you are operating a large account we may require that your account is moved to a server where it can be more easily accommodated without affecting other customers.   We reserve the right to do this at our discretion.  However, refusal to co-operate with an account move request will result in account suspension and/or termination.  We must ultimately ensure platform stability and service delivery at all times.

Bots

We do not allow bots to be operated on our shared hosting servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Monster IT Services Ltd is strictly prohibited.  Your account will be canceled without chance of a refund if you should violate this term.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

We will invoice you on the 1st day of each month for any upcoming services.  When an invoice is delivered, we expect payment to be made to us by no later than the specified payment date.  We may immediately terminate this agreement for client’s failure to make timely payments.  You will be provided with an invoice monthly.  We do not record or store customer credit/debit card data.  You are able to set up recurring billing through our payment partners (currently PayPal) to allow us to take payment for invoices as they become due.  It is your responsibility to ensure that you have sufficient funds to cover any transactions.  Failure to make payment will result in up to three overdue notices being submitted to you before your account is suspended and/or terminated.  Accounts suspended for non-payment are liable for termination without notice.
Please note that we accept payment by BACS, Standing Order or PayPal only.  We do not accept cheques.

Cancellation and Refunds

We will need 7 days notice if you wish to cancel your hosting.    Once you have paid the balance, you can transfer the domain/s.  We will not charge you for transferring a domain(s) away to another registrar’s tag.
The customer acknowledges that:  Termination of the agreement for any reason will result in us ceasing to provide the applicable services with the consequences that flow from such cessation, including (but not limited to): deletion of data e.g. hosting account(s) and mailboxes.
We do not refund partial monthly fees to accounts.We do not refund fees incurred in the purchase of domain names where the grace period has expired.  This is 5 days for non-UK domains and 10 days for UK domains.

Limitation of Liability

If our servers go off-line or are unavailable for any reason, we will not be responsible for any claimed damages, including incidental and consequential damages.
Furthermore, we will not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services.  All damages will be limited to the immediate termination of service.

Data Back-Ups

We do not back up your data, therefore, please remember to do this yourself.  This can be to your own computer or another service via appropriate methods.
We take no responsibility or hold ourselves liable for any data that cannot be retrieved in the event of:

  • deletion,
  • failed software installations,
  • account termination,
  • hardware failures,
  • staff or user error
  • other events which may cause data loss.

Migration Assistance

If you are moving to us from another cPanel provider, we can assist with the migration by restoring any cPanel backups you upload to us via FTP.  It is your responsibility to supply these backups.  We will not log in to your old provider’s platform and perform the backups on your behalf.  We do not migrate other providers, therefore, this must be done by you.

Customer Support

We provide support via telephone and e-mail if required.  This helps us deal with your query more effectively.
Please note that we provide support to our direct customers only.  It is your responsibility to cater for the support needs of your customers.

Violations

We will investigate any failures promptly.  If you fail to follow any term or condition it will be grounds for immediate account deactivation.

Disclaimer

We are not liable for system down time, crashes or data loss.  Furthermore, we do not hold ourselves liable for any predicted estimate of profits which a client would have gained if their site was functioning.  We resell certain services and software.  This means that they are not directly owned or written by us (examples include cPanel management and WHMCS billing software).  In addition, we hold no responsibility for the use of our clients’ accounts.
Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question.  We reserve the right to remove any account, without advance notice for any reason without restitution, at our discretion.

Account Activation

By activating your account with us, you agree to the above policies and disclaimer.
If you sign up for an account and fail to comply with these terms, we will not refund you.  We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Maintenance

Please note that from time to time it will be necessary for us to perform essential maintenance or upgrades to our infrastructure.  In the event of such planned maintenance, we will provide advance notice so you can make necessary arrangements to contact your customers or suspend any service monitoring you may have in place for the period of the planned outage.

Acceptable Use Policy

We offer our customers (also known as “Subscribers”) and your customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information.  The Internet provides a forum for free and open discussion and dissemination of information.  However, when there are competing interests at issue, we reserve the right to take certain preventive or corrective actions.  In order to protect these competing interests, we have developed an Acceptable Use Policy (“AUP”).   This supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using our services.
We do not review, edit, censor or take responsibility for any information our subscribers may create.  So, when users place information on the Internet, they have the same liability as other authors for Copyright infringement, defamation, and other harmful speech.  Also, subscribers’ postings to the Internet may affect other subscribers and may affect our business.  As a result, subscribers violate our policy and these terms when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

  • Spamming
  • Maintaining an open SMTP relay
  • Audio/Video streaming
  • File Storage/Online Backups (archival data including plugin cache data, mirror sites, game data, movies, music, photos)
  • OwnCloud
  • File sharing websites
  • Peer-to-peer media (sharing or streaming)
  • Obscene speech or materials
  • Defamatory or abusive language
  • Forging of headers
  • Illegal or unauthorised access to others computers or networks
  • Distribution of Internet viruses, worms, trojan horses
  • Destructive activities
  • Usenet groups
  • Phishing
  • Violating this AUP

Other Activities

Illegal activities, including advertising, transmitting or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, publishing or threatening to publish private data and pirating software.
Engaging in activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations, reputation, goodwill or customer relations.
We may take any action to stop any harmful activity, including, but not limited to, suspension or termination of hosting services, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action we deem appropriate.

Expectations

We expect that our subscribers will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate our policy.  Finally, we wish to emphasise that, in accepting these terms and placing an order, subscribers indemnify Monster IT Services Ltd for any violation of the Service Agreement, law or Monster IT Services Ltd policy resulting in loss to Monster IT Services Ltd or the bringing of any claim against Monster IT Services Ltd by any third party.  The subscriber will be responsible for payment of any damages awarded against us, plus costs and reasonable legal and solicitors’ fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Monster IT Services Ltd and its subscribers, as responsible members of the Internet.  Any complaints about a subscriber’s violation of this AUP should be sent to accounts@monster-it.co.uk.

Complaints

If you wish to make a complaint about a service you have received, please submit an email to us. Include as much detail from the issue you have.  We will acknowledge your complaint within 5 business days and aim to resolve any issues within 10 business days.

Notification of Changes

We reserve the right to change these conditions from time to time.  Your continued use of the site and our hosting services will signify your acceptance of any adjustment to these terms.  We post our privacy policy updates on our website 30 days prior to these changes taking place.  Please read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves.  Therefore, your accessing this website and/or subscribing for any of our services indicates your understanding, an agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein.

Privacy Policy

Take a look at our Privacy Policy.  Please take the time to read it as it’s important to us that you understand the contents.

Monster IT Services Ltd, written as “we”, “us” or “our”, are committed to protecting and respecting your privacy.  We operate this website.

When you visit this website, you may have done so having accessed one of the following domain names:

  • www.monster-it.uk
  • www.monster-it.co.uk

Information automatically logged use your IP address to help diagnose problems with our server, to administer our website, to help combat fraudulent orders and to help us comply with European Union VAT obligations. We use this information for no other reason.

Order Forms

Our services will be delivered to you over a secure HTTP using 128-bit encryption.  We don’t give out your information to any third parties.  Your contact and billing information will only be used by us when it’s necessary.

 

Security

This site has a strong SSL encryption certificate to ensure your privacy.  This is here to protect any loss, misuse, or alteration of the information under our control.

Third Parties

Any information you give us is ours and ours only.  We never give out your details to third parties.

Cookies

Our Website uses cookies.  Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages.  Your Internet browser stores them on your computer’s hard drive.  This will save you time whilst you are on the website.  We recognise your IP address through cookies.

We only use cookies for your convenience in using the website and not for obtaining or using any other information about you.  You don’t have to accept cookies, but this will restrict your use of the website.

Cookies Information

If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html

 

Please also note that our suppliers and partners may also use cookies, over which we have no control.