Terms of Service & Acceptable Usage Policy (AUP) - Effective May 26, 2020
Contents
Core Terms and Conditions
Schedule A: Terms and Conditions Pertaining to Web Hosting Services
Schedule B: Terms and Conditions Pertaining to SSL Certificate Services
Schedule C: Terms and Conditions Specific to Servers, Virtual Servers or Virtual Machines (VM)
Core Terms and Conditions
1. INTRODUCTION
In this Service Agreement (“Agreement”),”Registrant” “you” and “your” refer to each user, customer (“Customer”) and its agents, and “We”, “us” and “our” refer to Mona Not (Or “Peter Scott”). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting Mona Not service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Mona Not service(s) or to modify or cancel your Mona Not service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our service(s) and the performance of our service(s) will occur at our offices in the location of our principal place of business. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, Mona Not as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
2. SECURITY
When you subscribe to our service(s) with us, we may provide you with a password or passphrase that can be used to modify your information on your website or hosting platform. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase.
3. VARIOUS SERVICES
Unless otherwise stated, all promotions and special offers are for the first year only and products and/or services will renew at regular price. The terms of this Agreement are applicable to any and all of the Mona Not’s service(s) you have chosen, including any additional services you may choose in the future which may be offered by Mona Not from time to time. NOTICE REGARDING BUNDLED SERVICES: If you purchase Mona Not services that are sold together as a “bundled” package (e.g., you select a web site package that includes both a domain name and hosting services, as opposed to your purchasing such services separately) (“Bundled Services”), termination of any part of the service will result in termination of all services provided as part of the bundled package.
4. FEES AND PAYMENT
As consideration for the services you have selected, you agree to pay Mona Not the applicable service(s) fees set forth in our proposal or quotation at the time of your request for quotation or proposal. All fees are due as per stated within our quotation or proposal and are non-refundable unless are otherwise stated. Mona Not may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Mona Not to collect such fees. If you qualify, we may extend payment terms to you. You agree to recurring payments and a recurring billing schedule for your services. We reserve the right to change our prices and will contact you at least 30 days in advance of price change.
Submit Payments & Mailings to;
Mona Not
183 Elizabeth St. South,
Brampton, Ontario,
Canada, L6Y1R8
5. TERM OF SERVICE
Unless otherwise specified, each Mona Not service is for a one-year initial term and is automatically renewed thereafter for successive one-year terms. In addition to other termination provisions contained in this Agreement, if you purchase Bundled Services, any termination relating to such bundle will terminate all Mona Not services included in such bundle. For instance, any hosting service, software license registered with or maintained by Mona Not under this Agreement will be cancelled and may thereafter be available for licensing by another party if applicable. Upon the effective date of termination, Mona Not will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that Mona Not may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
6. ACCURATE INFORMATION
As further consideration for the Mona Not service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required;
6.2 maintain and update this information as needed to keep it current, complete and accurate;
and
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information. We rely on this information to carry out our services for you and comply with the requirements of the registries, software licenses, security certificates and our service providers and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
7. PRIVACY POLICY
Our privacy policy, located on our Web site at http://monanot.com/privacy-policy incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree to read the privacy policy. You agree that we, in our sole discretion, may modify our privacy policy. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such revisions. You agree that, by using our services after modifications to the privacy policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by providing us with notice in accordance with Section 24 below. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal information that we collect from you in a way incompatible with the purposes and other limitations described in our privacy policy, and we will take reasonable precautions to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction.
8. THIRD PARTY INFORMATION
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party’s personal information have been collected;
8.2 the intended recipients or categories of recipients of the third party’s personal information;
8.3 which parts of the third party’s information are obligatory and which parts, if any, are voluntary; and
8.4 how the third party can access and, if necessary, rectify the third party’s personal information. You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. MODIFICATIONS TO AGREEMENT
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement;
and/or
9.2 change the services provided under this Agreement at any time which would enable Mona Not to continue providing the service(s) agreed to. Any change to this Agreement that materially impacts the terms and conditions thereof will be agreed to by both parties. Should changes to the agreement proposed by one party not be acceptable to the other, then the current agreement shall remain in force for thirty (30) calendar days after the revised Agreement or change to the service(s) is posted on our web site provided the party whom deems the revised agreement unacceptable notifies Mona Not in accordance with Section 22 below. Should either party then not wish to continue with the agreement, either party may terminate the agreement early by providing notice in accordance with Section 22 below. A proposed change or amendment to the agreement shall not constitute the renegotiation of the entire agreement, but only the specific part of the Agreement. Notice of termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees.
By continuing to use Mona Not’s services thirty (30) calendar days after any revision to this Agreement or change in service(s) that may be posted on our Web site, you agree to abide by and be bound by any such revisions or changes unless a mutually agreed upon change has been made by way of written amendment in accordance with Section 22 below within thirty (30) calendar days after the revised Agreement or change to the service(s).
We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
a) any agent, representative or employee of any third party that you may use to apply for our services;
and
b) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Mona Not is authorized to alter or amend the terms and conditions of this Agreement.
10. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use the email account your authorized agent, employee or representative used to setup your account with us initially. Please allow at least ten (10) calendar days for the change to come into effect.
11. AGENTS
You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12. NOTICES AND ANNOUNCEMENTS
You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at sales@monanot.com.
13. LIMITATION OF LIABILITY
To the extent permitted at law, Mona Not and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Mona Not’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Mona Not’s services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.4 any failure due to any authorized modification to your domain name record or the failure or inability to access the configuration of any third party DNS server as related to your registered domains;
13.5 access delays or access interruptions;
13.6 data non-delivery or data miss-delivery;
13.7 unauthorized data deletion or corruption of your data;
13.8 acts of God;
13.9 the unauthorized use or misuse of your account or password or passphrase;
13.10 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.11 the deletion of or failure to store email messages;
13.12 the development or interruption of your Web site;
13.13 your agent’s failure to pay any fees for domain registrations, DNS, hosting, software license(s), hosting, templates, payment processor modules and other associated fees. You agree that our entire liability, and your exclusive remedy, with respect to any Mona Not service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. INDEMNITY
You agree to release, indemnify, and hold Mona Not, subsidiary or affiliated companies, and their respective principals, owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Mona Not’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Mona Not services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Mona Not services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
15. BREACH
You agree that your failure to abide by any provision of this Agreement, any Mona Not operating rule or policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 22 below, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, terminate any Mona Not service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
16. REPRESENTATIONS AND WARRANTIES
You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the account setup or to apply for other Mona Not’s service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have the authority and or have the ability to configure the DNS records as related to your account and domain registration;
16.4 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.5 you have selected the necessary security option(s) for your domain name registration record; and
16.6 you are of legal age of 18 years or over to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is,” and “as available” basis.
17. DISCLAIMER
WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to:
18.1 refuse to register you for other Mona Not service(s); and
18.2 cancel your account within the first thirty (30) calendar days from receipt of your payment for such services. In the event we cancel your account within such thirty (30) day period, we agree to refund any applicable fee(s) you have paid, less any applicable administration, license, or security certificate fees. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name if applicable, the deletion your domain name or our refusal to register you for other Mona Not service(s).
19. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
20. ENTIRETY
You agree that this Agreement, the rules and policies published by us and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent. Should the rules, policies and/or the privacy policy conflict with the Agreement, the Agreement shall prevail.
21. GOVERNING LAW
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Brampton, Canada.
22. NOTICES
All notices to be provided by either party to this Agreement to the other shall be in writing and shall be valid if sent by email or courier delivery or by Canada Post mail to Mona Not, at support@monanot.com or Mona Not, 183 Elizabeth St. South, Brampton, Ontario, L6Y 1R8, CANADA. All notices to be provided by Mona Not to this Agreement to the other party shall be in writing and shall be valid if sent by email or courier delivery or by Canada Post mail to the party by way of the information on record originally used to setup an account with Mona Not.
23. TIME REFERENCES
Mona Not operates in accordance with Eastern Standard Time (EST) pertaining to Brampton, Ontario, Canada and Eastern Daylight Time (EDT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with EST and relevant EDT.
24. INCORPORATION BY REFERENCE
EACH OPERATING SYSTEM, SOFTWARE PROVIDER, PAYMENT PROCESSOR, E-COMMERCE PLATFORM, SHIPPERS, SSL CERTIFICATES, MONITORING, EMAIL PROVIDER, REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN MONA NOT SERVICES OFFERED BY MONA NOT TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW. ALL SUCH TERMS, AND ALL OF THE OTHER SCHEDULES ATTACHED TO THESE MAIN TERMS AND CONDITIONS, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE MONA NOT SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.
25. TAXES
All hosting or any other services offered by Mona Not are subject to H.S.T. or G.S.T.
26. CUSTOMER DATA
Except as otherwise provided in this Agreement and our Privacy Policy, you agree, during the term of this Agreement, that:
26.1 you own and retain all rights to your materials and data as supplied to us by you and you grant us and our licensor(s) permission to use your customer materials and data only as necessary to provide our services to you and as otherwise permitted by this Agreement.
26.2 we may monitor the use of our service(s) provided to any or all of our customers in an anonymous aggregated manner to assist us in maintaining, providing services and consulting to our customers.
26.3 all data and materials supplied to us by you will be removed and deleted from our server(s) and systems after ten (10) calendar days upon termination of this Agreement by way of a written notice in accordance with Section 22 above. Once data and materials have been deleted, it will not be recoverable.
27. INTELLECTUAL PROPERTY
Except as otherwise provided in this Agreement and our Privacy Policy, you agree, during the term of this Agreement, that:
27.1 you own and retain all rights to your images, creative works, and editorial data as supplied to us by you and you grant us and our licensor(s) permission to use your images, creative works, and editorial data only as necessary to provide our services to you and as otherwise permitted by this Agreement.
27.2 you are not granted a license to any software licensed, owned or written by this Agreement.
27.3 we own and retain all rights to our images, creative works, editorial data and custom software as supplied to you by us and grant you permission to use your images, creative works, editorial data and custom software only as necessary to provide our services to you and as otherwise permitted by this Agreement.
27.4 all images, creative works, and editorial data stored on our server(s) or systems supplied to us by you will be removed and deleted from our server(s) and systems after ten (10) calendar days upon termination of this Agreement by way of a written notice in accordance with Section 22 above. Once images, creative works, editorial data as supplied to us by you have been deleted, it will not be recoverable.
28. SURVIVAL
In the event this Agreement terminates as provided herein, Sections 1, 3, 4, 11, 13, 14, 17, 20, 21, 22, 23, 24, 25, 26 and 27 of this Agreement, and all releases, indemnities, waivers and disclaimers set forth in any Schedule annexed hereto, shall survive such expiration or termination.
Schedule A: Terms and Conditions Applicable to all Web Site and Hosting Services
1. Definitions
For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below: 1.1. “Mona Not Web Site” means any pre-designed, template or custom Mona Not Web site including websites provisioned from WordPress licensed under the GNU Public License – https://wordpress.org/about/license/ by Mona Not to end users. By using these services, end users also agree to WordPress’s as well as any Plugin or Template Provider’s terms and conditions where applicable.
1.2. “Subscription Service” means any of the Mona Not subscription service packages that are available for purchase by end users on an annual basis, for an annual fee, that combine with the Mona Not Web Site license(s).
1.3. “Web Hosting Service” may also mean the Web hosting services provided by a third party through Mona Not as part of a Subscription Service.
2. Payment
In addition to the payment terms u Section 4 under the Main Terms and Conditions of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:
2.1. Mona Not in its sole discretion shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and Mona Not may, upon providing thirty (30) days’ notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided in Section 5 of this Schedule within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree to submit payment with (30) days of invoice date.
2.2 Billing for the Subscription Service may be by cheque or Interac e-transfer at the time of purchase. Hosting and other annual services and renewals are billed at least (30) days in advance of the next hosting period, and you agree to submit payment with (30) days of invoice date.
3. Conduct
You agree to abide by the terms and conditions set forth herein and are bound by the applicable provisions of any applicable Mona Not Acceptable Use Policy and other applicable Mona Not policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, provincial, state, federal and international laws. You are also responsible for ensuring that you have obtained authorization to use any copyright images, audio files, text or other web site elements that are not provided by Mona Not. You warrant that the web site being hosted by Mona Not will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party’s trademarks or trade name.
4. Mona Not’s Rights
4.1 Mona Not explicitly reserves the right and sole discretion to
4.1.1 suspend any web site (including indefinite suspension) without notice for non-payment of fees due hereunder;
4.1.2 censor any web site hosted that, in Mona Not’s sole discretion, is deemed inappropriate;
4.1.3 review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
4.1.4 modify its pricing through email notification;
4.1.5 terminate your Subscription Service for unsolicited, commercial emailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Mona Not determines to be harmful to its other customers, operations, or reputation;
4.1.6 terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Mona Not or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
4.2 You agree you will not be entitled to a refund of any fees paid to Mona Not if, for any reason, Mona Not takes corrective action with respect to your improper or illegal use of the Subscription Service.
5. Cancellation
You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to Mona Not (as provided herein) and include the following information:
(i) Your Mona Not customer name as shown on your invoice;
(ii) your Mona Not Web Site Web address; and
(iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the annual billing cycle in which your notice was received. In the absence of such written notice of cancellation, Mona Not will automatically renew and bill for the annual Subscription Service, and you agree to submit payment with (30) days of the invoice date.
6. Term and Termination
6.1 Term: Your Subscription Service shall be on an annual basis for successive annual periods, unless either party notifies the other of termination in accordance with this Agreement.
6.2 Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement will be terminated as of the expiration of the annual billing cycle in which your cancellation notice was received and processed by Mona Not.
Schedule B: Terms and Conditions Applicable to SSL Certificate Services
The Secure Sockets Layer (SSL) services offered under these SSL Terms is an “additional service” as provided under Section 3 of this Agreement, “VARIOUS SERVICES”. SSL enterprise and certificate services provided by Mona Not to you include assisting you in acquiring a new SSL certificate(s) and its associated products and services (the “SSL Service”). The following additional terms apply to the SSL Service:
a) You acknowledge and agree Mona Not cannot guarantee the issuance of an SSL certificate following your submission of an application thereof. Issuance of an SSL certificate is subject to verification and approval of the information you submitted. This verification may, in some instances, take several business days and on occasion longer.
b) Mona Not is an authorized reseller for GlobalSign. You hereby authorize Mona Not to remit your submitted SSL certificate application, including all the information included therein, and acquire an SSL certificate from GlobalSign on your behalf. You agree to GlobalSign’s terms and conditions incorporated herein by reference, as found at https://www.globalsign.com/repository/globalsign-subscriber-agreement-digital-certificates-and-services.pdf. You understand and agree that you are entering into and agreeing to a separate contractual relationship between you and GlobalSign in addition to these SSL Terms and this Agreement. You understand and agree that the underwritten Liability Program is provided as a service by GlobalSign. In order to provide an enhanced customer experience and as a convenience to you, Mona Not will pay the SSL certificate/renewal fees on your behalf as part of the SSL Service provided that
(i) these SSL Terms have not been cancelled or otherwise terminated,
(ii) you have paid any amounts due under these SSL Terms,
(iii) you are not in breach of the Agreement or these SSL Terms, and
(iv) that GlobalSign agrees to and accepts your SSL certificate application/renewal fees. Notwithstanding the immediately forgoing sentence, you expressly acknowledge and agree that you shall be responsible for all fees, liability and obligations with your relationship with GlobalSign.
c) You authorize Mona Not to list itself as a contact in connection with the SSL certificate and to take any actions Mona Not deems necessary or appropriate in connection therewith. Upon termination of SSL Services, Mona Not may immediately cease acting in such capacity and reserves the right to transfer your account to GlobalSign to serve for all future communications in connection with your SSL certificate. You further authorize Mona Not to list you as the subscriber and certificate administrator in connection with SSL certificate. You may also specify another subscriber and certificate administrator; however, such person(s) may be required to enter into a separate agreement with GlobalSign for use of SSL certificate services and/or access for services in support of your SSL certificate. Upon termination of SSL Services, Mona Not will not be responsible for forwarding any notices (email or otherwise) to you or for taking any other actions in connection with your SSL certificate. You will be solely responsible for any ongoing fees, as well as taking all necessary or advisable actions in connection with your SSL certificate.
1. Automatic Renewals
If we purchase a new SSL certificate as part of our Service or bundled with other services. Mona Not will automatically renew and bill you for the SSL certificate registration in accordance with Section 2 (Fees) below and this Agreement. Automatic renewal will not occur if Mona Not is notified at least (60) days in advance of SSL certificate renewal date or the bundled services are cancelled. Each new SSL certificate acquired by Mona Not from GlobalSign will be renewed prior to each annual anniversary. Failure to electronically approve the renewal or remit Fees in accordance with Section 2 and the Fees Policy, may risk the non-renewal of your SSL certificate as well as extra fees and a protracted delay in renewal if a new application is required. Your SSL certificate will be renewed with GlobalSign only after the annual fee is paid by e-transfer in a timely manner to Mona Not or GlobalSign.
2. Fees
SSL Certificate Registration Fees will be charged yearly and in advance (with multi-year certificate subscriptions renewed prior to the expiration of the last year and for a period of equal length) in accordance with this Agreement. These fees may be included as part of a bundle services and is only renewed if the fees for the bundled services have been paid.
3. Verification of Information
a) You are solely responsible for maintaining that all information relating to the use of your SSL certificate is up-to-date with GlobalSign. Further, in accordance with the terms and conditions of your agreement with GlobalSign and in order to maintain a safe ecommerce presence, Mona Not may from time to time request that you verify any information to be supplied to GlobalSign. In the event that you fail to respond to any such request or fail to verify any such information within 30 days of the request, GlobalSign and/or Mona Not may, in its/our sole and absolute discretion, immediately terminate your SSL Services. This remedy is in addition to any other remedies available under law or this Agreement.
b) You shall protect the confidentiality of any encryption keys used by you in connection with your SSL certificate. Further, you shall promptly request that GlobalSign revoke any SSL certificate upon any actual or suspected loss, disclosure, or other compromise of your encryption keys or breach of the SSL certificate.
4. Terms and Termination
a) Your SSL certificate may only be transferred, if allowed, under the terms and conditions of your agreement with GlobalSign. b) Mona Not may, but has no duty to, immediately suspend or terminate your use of the SSL Service and remove any of your materials (including without limitation your SSL certificate) from Mona Not servers in the event Mona Not, in its sole discretion, concludes that (i) there is any change to the information on the SSL certificate or the certificate application, including but not limited to the change of the organization name or domain name registration, (ii) there is any actual, Mona Not reasonably suspects, loss, disclosure, or other compromise of an encryption key for the SSL certificate, (iii) you have engaged in illegal activities, in activities or sales that may damage the rights of Mona Not or others, or (iv) you have violated or threatened to violate these SSL Terms, the terms of this Agreement or any other agreement you may have with Mona Not. Any suspension or termination under this paragraph may take effect immediately. In the event that Mona Not terminates your SSL Service in connection with this paragraph, you will not be entitled to a refund or credit of any fees you have paid. Without limitation, you expressly acknowledge and agree that in addition to this Section (4), the terms and conditions of this Agreement also apply to your use of the SSL Services.
Schedule C: Terms and Conditions Specific to Servers, Virtual Servers or Virtual Machines (VM)
Acceptable Usage Policy (AUP)
1. Excessive Usage
Customers are required to utilize the server’s resources in an efficient and responsible manner. Excessive use of server CPU, bandwidth and memory resources by a customer can interfere with or prevent normal service performance for other customers. Resources are defined as bandwidth, memory and/or processor utilization. A VM is considered using “Excessive amounts of resources” when it monopolizes the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but is not limited to scripts, FTP connections, HTTP requests, Crypto currency miners, etc. A site that consumes over the account limit of bandwidth is also considered “excessive resources”. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. A Customer who is using “excessive resources” will be asked to do one or more of the following: upgrade their plan, fix the issue causing “excessive use”, or cease the activity causing excessive use. Mona Not reserves the right to throttle or cancel any accounts that abuse our services or are deemed to be excessive users. Mona Not will be the sole and final arbiter as to what constitutes a violation of this policy.
2. Denial of Service
Mona Not absolutely prohibits the use of services or network services for the origination or control of denial of service (“DoS”) attacks or distributed denial of service (“DDOS”) attacks. Any relation to DoS or DDoS type activity is a direct violation of Mona Not’s AUP.
3. Server Abuse
Any attempts to undermine or cause harm to a Mona Not server or subscriber of Mona Not is strictly prohibited including, but not limited to:
3.1 Logging into a server or account that you are not authorized to access;
3.2 Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner;
3.3 Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization; – Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of Mona Not’s systems;
3.4 Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
3.5 Scanning of any type including but not limited to Port Scanning and Network scanning;
3.6 Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access; and
3.7 Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mail bombing,” or “crashing” any computer system. You agree that we may quarantine or delete any data stored on the Mona Not network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other customers’ data that is stored on the network.
4. IP Address Usage
You may only use IP addresses assigned to you by Mona Not in connection with your Mona Not Services. You agree that if the Mona Not IP addresses assigned to your account are listed on an abuse database, you will be in violation of this AUP, and Mona Not may take reasonable action to protect its IP addresses, including suspension and/or termination of your Service, regardless of whether the IP addresses were listed as a result of your actions.
5. Blacklisting/Retaliation
Mona Not may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third-party, or Mona Not, affiliates, vendors, suppliers, partners or other clients are retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.
6. 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 access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. You must take reasonable security precautions. You must protect the confidentiality of your password, use complex passwords, and you should change your password periodically. Mona Not uses a shared responsibility model. Customers are responsible for securing the following: Customer Data, Applications, Platforms, Access management, and Firewalls. All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Mona Not is responsible for the security of the following: Servers, Storage devices, and Networking.