Terms Of Service
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) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. You agree to provide MonkeyWrench Hosting with accurate and complete contact information.
Content
All services provided by MonkeyWrench Hosting may only be used for lawful purposes. This includes, but not limited to: music, videos, applications, photographs or any other copyrighted material. The customer agrees to indemnify and hold harmless MonkeyWrench Hosting from any claims resulting from the use of our services.
Examples of unacceptable material:
MonkeyWrench Hosting will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund.
SPAM and Unsolicited Commercial Email (UCE)
MonkeyWrench Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our network. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice or refund.
MonkeyWrench Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. MonkeyWrench Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.
MonkeyWrench Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of MonkeyWrench Hosting.
Payment Information
You agree to supply appropriate payment for the services received from MonkeyWrench Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify MonkeyWrench Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
MonkeyWrench Hosting reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of the service is at your sole risk. MonkeyWrench Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MonkeyWrench Hosting servers.
Cancellation and Refunds
Customers may cancel at any time. MonkeyWrench Hosting gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's.
MonkeyWrench Hosting reserves the right to cancel the account at any time. Users in breach of our terms and conditions relating to unacceptable material and having accepted our terms and conditions will not be eligible for refund under any circumstances.
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, you will not be eligible for a refund or if you have opened a second account with us.
Resource Usage
Users may not initiate the following:
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package and/or terminate the account for the overages. Unused transfer in one month cannot be carried over to the next month.
Money back Guarantee
Each of MonkeyWrench Hosting's managed web hosting, and reseller packages carries a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount.
Server Uptime Guarantee
If your Web or Reseller hosting server has downtime that is not within the 99.95% uptime, MonkeyWrench Hosting will refund 5% of the customer's monthly hosting fees for each 30 minutes of server downtime experienced, up to 100% of the monthly hosting fees. Server downtime is measured from the time the server is 100% unreachable from outside networks, until connectivity has been restored. Any scheduled downtime or network / server maintenance will not count towards this downtime calculation.
Network Uptime Guarantee
MonkeyWrench Hosting will refund 5% of the customer's monthly hosting fees for each 30 minutes of network downtime experienced, up to 100% of the monthly hosting fees. Network downtime is measured from the time the network is 100% unreachable until connectivity has been restored. Any scheduled downtime or network maintenance will not count towards this downtime calculation. The 100% Network Uptime guarantee does not apply to any software or hardware.
Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on MonkeyWrench Hosting, and the right to increase the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold MonkeyWrench Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MonkeyWrench Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MonkeyWrench Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MonkeyWrench Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from MonkeyWrench Hosting's server.
Disclaimer
MonkeyWrench Hosting will not be responsible for any damages your business may suffer. MonkeyWrench Hosting makes no warranties of any kind, expressed or implied for services we provide. MonkeyWrench Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by MonkeyWrench Hosting and its employees.
Reselling
Shared Web Hosting accounts can not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
Misc
We reserve the right to refuse service to anyone at any time for any reason.
Changes to the TOS
MonkeyWrench Hosting reserves the right to revise its policies at any time without notice.