MONO TERMS OF SERVICE
(MONO TOS)
TERMS OF SERVICE
The following terms apply for end users of the Mono Services.
Note that the following terms of use also apply to free trial subscriptions.
This agreement is entered into between you and Mono Solutions ApS.
Mono Solutions ApS (from now on Mono, we or us)
Nannasgade 28
2200 Copenhagen N
Denmark
Org. no. 30192648
Phone +45 32 10 30 70
E-mail info[at]monosolutions.com
The End User or Subscriber (from now on end user, subscriber or “you”) must be 18 years of age, when acquiring an account and consenting to this agreement. By accepting this agreement you are consenting that the current terms and conditions will apply to the relationship between you and Mono.
1. Intellectual Property Rights
All material and services available via the Mono Services, and all material and services provided by or through Mono, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Mono trademarks and service marks, logos, slogans, and taglines are the property of Mono. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners.
Mono provides a number of design templates for the subscriber. These designs are at the subscriber's disposal on a non-exclusive basis. Mono retains all rights for the web designs in question, also in the case of user-generated content within Mono. Hence, the subscriber has no right to distribute or copy the design templates. If Mono is compelled to change or remove any of the design templates, Mono cannot be held responsible for any losses on the subscribers' accounts.
Mono, through third party service StockUnlimited (“SU”) can provide stock photo services. SU Images can only be copied from the SU Library to the file library of a Mono website. The following terms apply to the use of SU images:SU images may only be used on customer websites on the Mono platform
1. SU images may only be edited within the Mono Editor
2. SU images may not be copied or exported to any external platform
3. There is no limit on how many times an image can be used on the same site
4. Once transferred to the local file-library of a customer site, a SU-image may be used infinitely on that site, as long as the site resides on the Mono platform (regardless if the Mono contract with SU expires or the reseller has terminated their agreement with Mono).
5. If a customer migrates his website to another platform than Mono, the SU materials may NOT be migrated along. The SU content does not belong to the customer or reseller or Mono, but SU.
2. Information provided by the subscriber
The subscriber is obliged to state correct, sufficient, and satisfactory information when creating his website using the Mono Services. You agree in this regard to receive legally binding notices via the reported address. It is your responsibility to continuously update your contact and card details so that Mono at any time to contact you to renew your subscription. Failure to update your information regarded as a material breach on your part.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, or stored through your use of the Mono Services. You agree not to use illegal content, content without the proper rights, or use our services for any illegal purpose or in violation of any applicable local, state, federal or international law. The following material is not allowed at your sites:
1. Content of a pornographic, sexually explicit, or violent nature.
2. Content of an illegal nature (including stolen copyrighted material).
3. Pirated software sites, including cracking programs or cracking program archives.
4. Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
5. Content or data which would impersonate someone else or falsely represent your identity or qualifications, or that could reasonably constitute a breach of an individual’s privacy.
6. Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
You are encouraged to archive your content regularly and frequently. You are responsible for any content that may be lost or unrecoverable through your use of our services. You hereby represent and warrant that you will not use our services to share, store, or in any way distribute personal or financial data that is not in accordance with the law. Mono is not responsible for the content or data you submit.
Mono may, but has no obligation to, monitor content on your website and cannot be held responsible for the quality and legality of this matter.
Mono holds the right to assess these matters in its sole discretion. Websites containing anything mentioned above will be unpublished or terminated without notice, disregarding the type of Mono Services subscription. This includes cases where the subscription is managed by more than one party or is in any ways infiltrated by a third party.
Mono will, as a rule of thumb; allow unlimited traffic on all Mono websites. In any case of severe exploitation of the unlimited traffic associated with Mono websites, Mono reserves the right to discontinue the subscription in question or, as a secondary solution, place a limitation on the bandwidth used for the given subscription. Usage which strains or burdens Mono’s servers or causes disproportionately large amounts of traffic serve as examples for misuse of an account. Mono reserves the right to limit or circumscribe the access to a subscriber’s website, should it be found a necessary means to sustain normal operations or prevent security breaches.
Mono reserves the right to remove content such as .zip, .mp3, .jpg, and the likes, in cases where unreasonable burden or stress is applied to Mono servers. This to prevent that Mono is used as external storage for larger quantities of files accessible for free download. The Mono Services are intended to be used as a display-area or sales-window for real, physical, and, of course, legally accountable people.
It is forbidden to send large number of emails via Mono’s email system. It is also prohibited to send spam (junk) mail.
In case of violation about illegal content and spam mails Mono reserves the right to inform the relevant authorities and to provide log information, etc. to them. Mono also reserves the right to charge for time spent in connection with such information and disclosure of log information to authorities.
3. Domain
In connection with the purchase of a a Mono site subscription that is not a trial, it is possible to buy one or more domains, and assign them to a specific Mono site.
It is not possible to cancel an order for a domain once the order has started, as domains are unique. This also applies to wrongly registered domains, such as spelling and typing errors.
By registering a domain you declare, as the registrant of the domain that you agree that the domain name does not infringe any third party names or trademark rights or otherwise likely to be against the law.
The domain name is registered in the customer's name. Mono is the service provider in this context and has no liability in connection with registration of the domain. Mono may in no case be liable for any errors with the creation/transfer of the domain name. The customer is obliged to check whether the creation or transfer of the domain has occurred and must contact Mono if it is not.
When a domain is purchased it can take up to five business days and sometimes longer to be officially registered. Reservations are made for domains reported as being available and thus detectable, though not necessarily the case as information from the respective TLD administrators at times may be incomplete.
3.1 International domainsMono is an authorized Touch Local reseller of international domains. Touch Local provides Domain Name Registration, Administration, and Renewal Services, as further described at www.register.com. When buying an international domain, you accept the terms of
http://www.register.com/policy/servicesagreement.r...
http://www.register.com/policy/dispute.rcmx
http://www.register.com/policy/acceptable_use_poli...
https://www.web.com/legal/privacy-policy.aspx
ICANN Policy
Registrants Rights and Responsibilities
3.2 DK domains
DK domains are registered and renewed by DK Hostmaster and you are obliged to abide by DK Hostmaster at all times applicable conditions concerning domains, including DIFO rules for the administration of domain names.
3.3 SE domains
Mono is an authorized reseller of Swedish domains. Along with .SE Mono will work for the positive development of Internet in Sweden for the benefit of users and society as a whole. Our common goal is satisfied domain owners irrespective of whether they are businesses or individuals. When purchasing one .se the domain you agree to the .SE conditions for the purchase of Swedish domains.
.SE terms and conditions when registering .se domains
4. Reliability
Mono reserves the right without notice to limit or restrict access to a Mono account or other Mono Services as part of a subscription to the extent Mono deems such restriction necessary for operating and/or safety concern.
5. Support
Mono does not provide support for user-defined CSS nor custom HTML.
6. Privacy
6.1 Personal Data
Mono takes privacy very seriously. All privacy information can be found in the Mono Privacy Policy. See our latest Privacy Policy here.
7. Termination for cause
Mono is entitled to terminate the contract in whole or in part in the event a subscriber significantly breaches the terms. Breaching the terms means any breach of the obligations of you as the subscriber under this Agreement.
If Mono cannot give notice to you or to renew your subscription, as a result of your failure to update the contact and/or credit card information, Mono can, without notice, stop providing additional services under this Agreement.
8. ERRORS AND ACCESS TO SITE
YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. MONO WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT MONO MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
9. DISCLAIMER OF WARRANTY
AN UPTIME OF 100% IS SOUGHT. BUT MONO ASSUMES NO RESPONSIBILITY FOR IT. IT IS TAKEN INTO ACCOUNT THAT DOWNTIME CAN OCCUR WHEN MAINTAINING AND UPDATING THE SERVER. THE SERVICES AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONO AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MONO NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MONO OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE CONTENT, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE CONTENT, SERVICES, MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK. IN ADDITION, MONO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, MONO AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT MONO OR THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. NEITHER MONO NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, SERVERS OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MONO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE MONO AND HOLD MONO AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
11. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE AND TO RECEIVE THE EQUIVALENT OF THE PAYMENT FOR THE REMAINDER OF THE SUBSCRIPTION PERIOD. UNDER NO CIRCUMSTANCES SHALL MONO, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, ANY INFRINGEMENT BY THE CONTENT OR MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICES, OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
12. Indemnification
You agree to indemnify, hold harmless, and defend Mono and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to the use of the Services through your account or any of the Content, or technology available on or through the Site, or any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate as reasonably required by an Indemnified Party. Each Indemnified Party may assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.