Terms and Conditions

Privacy Policy

Monkey Logic, Inc. is committed to respecting and protecting your privacy. To that end, we have prepared this privacy statement to disclose and describe our information gathering and dissemination practices for this website.

Business Relationships

This website contains links to other websites. Monkey Logic, Inc. is not responsible for the privacy practices or the content of such websites.

Contacting Us

If you have any questions or comments about our privacy statement or practices, please contact us via email at info@monkeylogic.com.

Monkey Logic, Inc. reserves the right to modify or update this privacy statement at any time without prior notice.

Copyright

All content, forms and graphics on this site are protected by U.S. copyright and may not be copied without the express permission of the Monkey Logic, Inc., which reserves the rights. Re-use of any Monkey Logic, Inc (www.monkeylogic.com) content or graphics online for any purpose is strictly prohibited.

Do not copy or adapt the HTML or other code that Monkey Logic, Inc. creates to generate pages. It is also covered by Monkey Logic, Inc. copyright.

Trademarks

The look and feel of Monkey Logic, Inc. websites are also Monkey Logic, Inc trademarks. This includes monkeylogic.com’s color combinations, layout, and all other graphical elements.

Terms of Service

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our shared hosting services. All use of our shared hosting services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Monkey Logic, Inc services implies agreement with these terms. In order to make sure our systems/servers run smoothly, we have to set and enforce rules. These rules are here to protect our customers.

The use of hosting services from Monkey Logic, Inc. constitutes agreement to these terms.

1. Account Setup / Email on File

We will setup your account after we have received payment (unless otherwise agreed) and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address, which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

2. Content

All services provided by Monkey Logic, Inc. may only be used for lawful purposes.  The customer agrees to indemnify and hold harmless Monkey Logic, Inc. from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the account terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

3. Email and Zero Tolerance Spam Policy

Limits
There is a 100 outgoing email hourly limit per account. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Our servers have a limit of 60 POP3/IMAP checks per hour per account. If you go over this you’re likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. If this happens 4 times, you will be permanantly blocked and you will need to call to regain access. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 5 minutes.

Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

Quotas
There is a 1GB limit on all email accounts per site. By default, we set the quota on all email accounts to "unlimited". This does not mean you have unlimited email space. It only means that you are not restricted in the amount of total available space you use. You can set limits for certain users if need be.

Auto Responders
We do not support or condone the use of auto-responders for our Secure Form Solution or the emails we host. Auto-respondes are problematic and can easily be abused. Using auto-responders can easily get your email address black-listed. They also can cause server delay and decreased performance of your web site. We strongly discourage the use of auto-responders. But if you need to have one, there are many third party options that can accommodate that. Such solutions are made to do this and address all of the negative issues and pitfalls of using auto-responders. This article from SpamCop discusses the various reasons why not to use auto responders.

Mailing Lists Rules
1. Any time you’re sending multiple messages no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 40 seconds. (Sending 1 every 40 seconds would send 90 emails within 1 hour, keeping you below the 100 outgoing email limit and allowing for normail emailing.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will

IMPORTANT: If you do not throttle and you try sending 100 emails, the server will try sending all 100 in 1 second which is not possible on our servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high may be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 300 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at:
http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm .

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Additional email rules and policies are posted and updated at
http://monkeylogic.com/email-policy/.

4. Payment Information

You agree to supply appropriate payment for the services received from Monkey Logic, Inc., in advance of the time period during which such services are provided. If the Order provides for credit/debit card billing, Customer authorizes Monkey Logic, Inc. to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement.  You agree that until and unless you notify Monkey Logic, Inc. of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing or via email. Monkey Logic, Inc. reserves the right to change the monthly payment amount with at least 60 days notice to the client.

All accounts that are more than 30 days past due will be automatically suspended until full payment has been received. Clients will be automatically charged unless a cancellation request has been sent to accounts@monkeylogic.com, and we have confirmed your request. Cancellation requests must be received a minimum of 7 days prior to your next billing date.

In situations where the card number is declined, an invoice will be sent with notification of the declined transaction. The user will then be contacted to make alternative payment arrangements. If payment is not made within 20 days of the card failing, we reserve the right to suspend or terminate the account.

5. Cancellations and Refunds

Any abuse of our staff or servers in any medium or format will result in the suspension or termination of your services. We reserve the right to cancel or terminate any account by giving the customer 30 days notice. This notice will include any website design information or domain name login information sent to the customer that is needed to transfer their website to another hosting provider. We will NOT send any proprietary information including, but not limited to, custom programs, custom coding, Secure Form Solutions forms, database information or any other proprietary Monkey Logic, Inc. information.

Customers may cancel at any time via email from the correct email that was submitted during sign up, calling in with the account holder security question or by canceling in the clients admin area. Monkey Logic, Inc. gives you an unconditional 15-day money back guarantee on hosting plans. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after 15 days will be refunded on a prorated basis of any unused time on a case-by-case basis.  For cancellations after 15 days, Monkey Logic, Inc. reserves the right to NOT provide refunds for partial usage.  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.

Websites and accounts that are canceled will be deleted from our server at the end of the billing term. The client CANNOT copy or use on another server the forms – both customer service and quote – that are supplied by Monkey Logic, Inc.. All to forms supplied by Monkey Logic, Inc. are for use only on websites hosted on Monkey Logic, Inc. servers and platforms.

6. Resource Usage

Customers/users may not:

a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
e) Run cron entries with intervals of less than 15 minutes.

7. Money Back Guarantee

Each of Monkey Logic, Inc. managed hosting plans carries a 15-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared and does not apply to administrative fees, install fees for custom software, or domain name purchases.

8. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Monkey Logic, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Monkey Logic, Inc., 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 Monkey Logic, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Monkey Logic, Inc.; (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 Monkey Logic, Inc. server.

9. Domain Names

If your domain name is registered with a third party registrar (ex – Network Solutions, Go Daddy), it is your responsibility to renew that domain name with them. Failure to renew a domain name with a third party registrar will cause your site and e-mail to become unavailable.

Domain names that are registered through Monkey Logic, Inc. will be managed and renewed by the client or us. Monkey Logic, Inc. or our affiliated domain registrar (Enom) will invoice you for the domain renewal. All domain names registered by Monkey Logic, Inc. for our customers are registered in the customer’s name; therefore, the customer will be the official owner of the domain.

Privacy Guard can also included on all domain registrations and renewals in order to prevent your contact information (telephone and email address) from being collected by spammers or scammers that harvest data from the domain WHOIS database. This service would be included in the domain registration fee.

10. Custom Programs

In general, custom programs will have their own terms outlined in the specific proposal. Below are our typical terms and definitions regarding payment and remedy for custom application development. These may be superseded by the specific proposal.
Definitions

  • Project: The job described and outlined in the proposal.
  • Client: The person or organization who has commissioned the project.
  • Company: Monkey Logic, Inc
  • Program: The final product of the project.
  • User: The customers/students/enrollees/employees of the Client who will be utilizing the program.
  • Presentation: The release, to the Client, of the completed Program for approval.
  • Launch: The release of the Program to the Users after approval. (Go Live)
  • Administrator: The person(s) who will manage the Program after launch.

Typical Terms

  • There will be a down payment due before work commences.
  • The balance will be due after presentation. Any due payment may be delayed while the project is finalized, but must be paid in full before launch.
  • If the project goes more than two weeks over the estimated presentation date, the client is entitled to a refund, but the company will not be required to provide any work already completed.
  • If a presentation is made within 2 weeks of the estimated presentation date and all the features outlined in this proposal are present, the down payment will not be refunded.
  • If the presentation has been made and the requested alterations are complete, the final payment will be due one week from the date of final alterations whether the client is prepared to launch or not.

11. Changes to the TOS

Monkey Logic, Inc. reserves the right to revise its policies at any time without notice.

This document was updated: February 2012.