Terms of Service
*All Payments To Shockey Monkey, Inc. Are Non-Refundable*
Shockey Monkey Inc ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Shockey Monkey Inc Service constitutes acceptance and agreement to Shockey Monkey Inc's AUP as well as Shockey Monkey Inc's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Shockey Monkey Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change 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 Florida, county of Orange applicable to contracts enforceable in that state. Venue will be Orange County, Florida.
1Disclosure 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 Shockey Monkey Inc shall have the right to terminate all service set forth in this Agreement.
2Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
4Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. If payment is not received by the third day of each month there will be a late fee of $10.00 added to the overdue amount. Service will be interrupted on accounts that reach 10 days past past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectable by Shockey Monkey Inc 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 to do this as outlined in this TOS.
5Refund and Disputes: All payments to Shockey Monkey Inc are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Shockey Monkey Inc sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Shockey Monkey Inc an "Administrative Fee" of not less than $50 and not more than $150.
6Failure 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.
7Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Shockey Monkey Inc Attn: CancellationsRequests can also be submitted through the control panel support system. The account will be cancelled as soon as we receive the request (you can't request it be turned off on a particular date/time) and are processed within 24 hours.
8131 Vineland Ave #102
Orlando, FL 32821
8Subscriber 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.
9New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Shockey Monkey Inc on behalf of the account holder a handling fee will be incurred.
10Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Shockey Monkey Inc will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Shockey Monkey Inc on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
11Support Boundaries: Shockey Monkey Inc provides free support exclusively through the forums at http://www.shockeymonkey.com/jungle.
12Email Delivery: In order to deliver email TO AND FROM the portal, the domain used by the support portal must be subscribed to ExchangeDefender and publish the ExchangeDefender hosts in the SPF record. The ExchangeDefender service is provided free of charge. Shockey Monkey, free or Pro, will not be able to send mail from the domains that are not protected by ExchangeDefender or not owned by the client (for example, you cannot send mail out of Shockey Monkey portal with @yahoo.com or @gmail.com address).
13Login Frequency: Shockey Monkey free edition is provided absolutely free of charge. In order to continue service, the portal must be visited by at least one administrator or staff account every seven (7) days. Due to the limited resources we must enforce this requirement. If a portal has not been visited in thirty (30) days, it will be automatically terminated to preserve limited resources and make Shockey Monkey available to as many users as want it. This limitation only applies to Shockey Monkey free.
14SPAM and Unsolicited Commercial Email (UCE): Shockey Monkey Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Shockey Monkey Inc may not use or permit others to use our network to transact in UCE. Customers of Shockey Monkey Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Shockey Monkey Inc's SPAM
policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, Shockey Monkey Inc will initiate an immediate investigation (within
48 hours of notification). During the investigation,
Shockey Monkey Inc may restrict customer access to the network
to prevent further violations. If a customer is found
to be in violation of our SPAM policy, Shockey Monkey Inc
may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Shockey Monkey Inc reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
Shockey Monkey Inc 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 $250
and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in
addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed
$175 per hour that Shockey Monkey Inc personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from
- As our Customers are ultimately responsible for the actions of their clients over the OwnWebNow Corp network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
- Massive relays, mail bombing, marketing lists and other massive mailing list operations are strictly prohibited through ExchangeDefender outbound relays.
IP Address Ownership: If Shockey Monkey Inc assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol
address shall belong only to Shockey Monkey Inc, and Customer
shall have no right to use that Internet Protocol address
except as permitted by Shockey Monkey Inc in its sole discretion
in connection with the Services, during the term of
this Agreement. Shockey Monkey Inc shall maintain and control
ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Shockey Monkey Inc,
and Shockey Monkey Inc 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 authorization
to use those IP addresses that could be used with name-based
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 (the "Agreed Usage").
Shockey Monkey Inc will monitor Customer's bandwidth and
disk usage. Shockey Monkey Inc 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
Shockey Monkey Inc's sole and absolute discretion. If OwnWebNow
Corp 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. In the event
that a customer exceeds the included allocation,Shockey Monkey Inc may, at its sole discretion suspend the account
or delete excess storage. Clients exceeding storage
limitations or abusing shared FTP service are not
entitled to backups provided by the SLA.
System and Network Security:
Users are prohibited from violating or attempting to
violate the security of the Shockey Monkey Inc Network.
Violations of system or network security may result
in civil or criminal liability. Shockey Monkey Inc 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
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 newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
16Notification of Violation
Shockey Monkey Inc is under no duty to
look at each customer's or user's activities to determine
if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police
First violation: Any User, which Shockey Monkey Inc determines to have violated any element of this
Acceptable Use Policy, shall receive an email, warning
them of the violation. The service may be subject at
Shockey Monkey Inc's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from
any further violations.
Second Violation: Users that OwnWebNow
Corp determines to have committed a second violation
of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service
without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.
17Suspension of Service or Cancellation: Shockey Monkey Inc reserves the right to suspend network access to any customer if in the judgment of the Shockey Monkey Inc network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Shockey Monkey Inc chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. 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.
19Indemnification: Shockey Monkey Inc wishes to emphasize that in agreeing to the Shockey Monkey Inc Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Shockey Monkey Inc for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Shockey Monkey Inc or the bringing of any claim against Shockey Monkey Inc by any third-party. This means that if Shockey Monkey Inc is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Shockey Monkey Inc, plus all costs and attorney's fees.
20Branding: Shockey Monkey Inc grants its partners the right to brand, distribute and manage services including branded portals, documentation and sales materials. All Shockey Monkey Inc materials used in the branded communications must retain Shockey Monkey Inc copyright with respect to the logos and trademarks of Shockey Monkey Inc.
21Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
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
Subscriber shall not transfer or assign
this Agreement without the prior written consent of
the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this
contract at anytime without further obligation.
Shockey Monkey Inc takes no responsibility
for any material input by others and not posted to the
Shockey Monkey Inc Network by Shockey Monkey Inc. Shockey Monkey Inc is not responsible for the content of any other
websites linked to the Shockey Monkey Inc Network; links
are provided as Internet navigation tools only. Shockey Monkey Inc 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.
Shockey Monkey Inc is not responsible for
any damages your business may suffer. Shockey Monkey Inc
does not make implied or written warranties for any
of our services. Shockey Monkey Inc 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 Shockey Monkey Inc.
22Responsibility for Content: You, as Shockey Monkey Inc's customer, are solely responsible for the content stored on and served by your Shockey Monkey Inc portal.