Terms
of Services
All services provided by The Monster Chip ("The Monster
Chip") may be used for lawful purposes only. Transmission,
storage or presentation of any information, data or material
in violation of any United States federal, state or city law
is prohibited. This includes, but is not limited to: copyrighted
material, material we judge to be threatening or obscene, or
material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless The Monster Chip from any
claims resulting from the use of service which damages the subscriber
or any other party.
Prohibited are sites that promote any illegal activity or
present content that may be damaging to The Monster Chip'
servers, or any other server on the Internet. Links to such
materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
Server Abuse
Any attempt to undermine or cause harm to a server or customer
of The Monster Chip is strictly prohibited. As our customer
you are responsible for all your accounts. Should you violate
the Terms of Services outlined within, your account will be
cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service,
at our sole discretion.
All sub-networks, distributive hosting sites and dedicated
servers of The Monster Chip must adhere to the above policies,
with the exception of system resources in respect to dedicated
servers.
Billing
The Monster Chip shall either:
(1) debit the client's credit card (when such information
has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance
with the applicable Service Fees for services rendered for
the current month. When an invoice is delivered to the client,
payment shall be remitted to The Monster Chip by no later than
the specified payment due date. The Monster Chip shall be entitled
to immediately terminate this agreement for client's failure
to make timely payments. You will be provided with an invoice
on a monthly basis. All credit cards are billed automatically
on a monthly basis. It is the client's responsibility to ensure
that they have sufficient credit to cover this transaction.
In the event that there is insufficient credit, we will send
an e-mail notification, at which point we will need to be provided
with another credit card account number within 24 hours. If
we do not receive a response within 24 hours, the account,
and all accounts under that account plan, will be suspended.
Limitation of Liability
The Monster Chip shall not be responsible for any claimed damages,
including incidental and consequential damages, which may
arise from The Monster Chip ' servers going off-line or being
unavailable for any reason whatsoever. Furthermore, The Monster
Chip shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of The Monster Chip
' servers. All damages shall be limited to the immediate
termination of service.
Violations
Violations of these Acceptable Use Policies should be referred
to contact us. All complaints
will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
The Monster Chip cannot be held liable for system down time,
crashes or data loss. We cannot be held liable for any predicated
estimate of profits which a client would have gained if their
site was functioning. Certain services provided by The Monster
Chip are resold. Thus, certain equipment, routing, software
and programming used by The Monster Chip are not directly
owned or written by The Monster Chip. Moreover, The Monster
Chip holds no responsibility for the use of our clients'
accounts. Failure to comply with any terms or conditions
will result in the automatic deactivation of the account
in question. We reserve the right to remove any account,
without advance notice for any reason without restitution,
as The Monster Chip sees fit.
NOTICE: If you purchase a product here and
fail to comply with these terms, no refunds will be given.
We will, however, advise you by e-mail or phone prior to taking
any action to provide you with an opportunity to correct the
problem.
The Monster Chip reserves the right to amend any or all of
the above policies, guidelines and disclaimer without notification.
We also retain the right to increase any pricing and make changes
to our account plans without notification.
Privacy
The Monster Chip has created this privacy statement in order
to demonstrate our firm commitment to privacy. The following
discloses the information gathering and dissemination practices
for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our
server and to administer our Web site. We use this information
for no other reason.
Order Forms
Our site uses an order form for customers to request services.
(128 bit encryption). We collect sensitive information which
is used only for our purpose, not third party receives any
type of information from us.
Contact information from the order forms is used to get in
touch with the customer when necessary.
Billing information that is collected is used to bill the
user for services.
Unique identifiers are collected from Web site visitors to
verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our
site showing them content that we think they might be interested
in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss,
misuse, and alteration of the information under our control.
We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use,
NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION
SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the
practices of this site, or your dealings with this Web site,
you can contact: contact us
Acceptable
Use Policy
As a provider of products and other Internet-related services,
The Monster Chip offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate
a wealth of public, private, commercial and non-commercial
information. The Monster Chip respects that the Internet provides
a forum for free and open discussion and dissemination of information.
However, when there are competing interests at issue, The Monster
Chip reserves the right to take certain preventive or corrective
actions. In order to protect these competing interests, The
Monster Chip has developed an Acceptable Use Policy
("AUP"), which supplements and explains
certain terms of each customer's respective service agreement,
and is intended as a guide to the customer's rights and obligations
when using The Monster Chip' services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the
judgment and responsibility of those who use it, both in the
information they acquire and in the information they disseminate
to others. When subscribers obtain information through the
Internet, they must keep in mind that The Monster Chip cannot
monitor, verify, warrant or vouch for the accuracy and quality
of the information they acquire. For this reason, the subscriber
must exercise his or her best judgment in relying on information
obtained from the Internet, and also should be aware that some
material posted to the Internet may be sexually explicit or
otherwise offensive. Because The Monster Chip cannot monitor
or censor the Internet, and will not attempt to do so, The
Monster Chip cannot accept any responsibility for injury to
its subscribers resulting from inaccurate, unsuitable, offensive
or illegal Internet communications.
When subscribers disseminate information from the Internet,
they must keep in mind that The Monster Chip does not review,
edit, censor or take responsibility for any information its
subscribers may create. When users place information on the
Internet, they have the same liability as other authors for
copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over The Monster
Chip' network and may reach a large number of people, including
both subscribers and non-subscribers of The Monster Chip, subscribers'
postings to the Internet may affect other subscribers and may
affect The Monster Chip' goodwill, business, reputation or
operations. For these reasons, subscribers violate The Monster
Chip policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited
activities:
Spamming:
Sending unsolicited bulk and/or commercial information over
the Internet. It is not only harmful because of its negative
impact on consumer attitudes toward The Monster Chip, but
also because it can overload The Monster Chip' network and
disrupt service to The Monster Chip' subscribers. Also, maintaining
an open SMTP relay is prohibited. When a complaint is received,
The Monster Chip will investigate and shutdown the account
that is SPAMing. A $250 charge for violating this policy
will be charged to the person initiating the SPAM. Furthermore
The Monster Chip reserves the right to prosecute for this
violation. A $1.00 charge will be assessed PER EMAIL sent
should The Monster Chip choose to pursue and prosecute.
Defamatory or Abusive Language:
Using The Monster Chip' network as a means to transmit or post
negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether
in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers
or Networks:
Accessing, illegally or without authorization, computers, accounts
or networks belonging to another party, or attempting to penetrate
security measures of another individual's system (often known
as "hacking"). Also, any activity that may be used
as a precursor to an attempted system penetration (i.e., port
scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses
or Other Destructive Activities:
Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding,
mail bombing or denial of service attacks. Also, activities
that disrupt the use of or interfere with the ability of others
to effectively use the network or any connected network, system,
service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any
software, program, product or service that is designed to
violate this AUP, which includes the facilitation of the
means to spam, initiation of pinging, flooding, mail bombing,
denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise,
to points outside the United States.
Usenet Groups:
The Monster Chip reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content
of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including,
but not limited to, advertising, transmitting or otherwise
making available ponzi schemes, pyramid schemes, fraudulently
charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that The
Monster Chip determines to be harmful to its subscribers,
operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful
activities just described rests primarily with the subscriber.
The Monster Chip will not, as an ordinary practice, monitor
the communications of its subscribers to ensure that the comply
with The Monster Chip' policy or applicable law. However, when
The Monster Chip becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but
not limited to, removal of information, shutting down a web
site, implementing screening software designed to block offending
transmissions, denying access to the Internet, or any other
action deemed appropriate by The Monster Chip.
The Monster Chip is also aware that many of its subscribers
are themselves providers of Internet services, and that information
reaching The Monster Chip' facilities from those subscribers
may have originated from a customer of the subscriber or from
another third party. The Monster Chip does not require its
subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers.
The Monster Chip reserves the right to directly take action
against a customer of its subscribers. Also, The Monster Chip
may take action against the The Monster Chip' subscriber because
of activities of a customer of the subscriber, even though
the action may affect other customers of the subscriber. Similarly,
The Monster Chip anticipates that subscribers who offer Internet
services will cooperate with The Monster Chip in any corrective
or preventive action that The Monster Chip deems necessary.
Failure to cooperate with such corrective or preventive measures
is a violation of The Monster Chip policy.
The Monster Chip will not intentionally monitor private electronic
mail messages sent or receive by its subscribers, unless required
to do so by law, governmental authority or when public safety
is at stake. The Monster Chip may, however, monitor its service
electronically to determine that its facilities are operating
satisfactorily. Also, The Monster Chip may disclose information,
including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order
to comply with a court order, subpoena, summons, discovery
request, warrant, statute, regulation or governmental request.
The Monster Chip assumes not obligation to inform the subscriber
that subscriber information has been provided and, in some
cases, may be prohibited by law from giving such notice. Finally,
The Monster Chip may disclose subscriber information or information
transmitted over its network where necessary to protect The
Monster Chip and others from harm, or where such disclosure
is necessary to the proper operation of the system. However,
The Monster Chip will never sell information to other services
or outside companies.
The Monster Chip expects that its subscribers who provide
Internet services to others will comply fully with all applicable
laws concerning the privacy of online communications. A subscriber's
failure to comply with those laws will violate The Monster
Chip policy. Finally, The Monster Chip wishes to emphasize
that, in signing the Service Agreement, subscribers indemnify
The Monster Chip for any violation of the Service Agreement,
law or The Monster Chip policy resulting in loss to The Monster
Chip or the bringing of any claim against The Monster Chip
by any third party. This means that, if The Monster Chip is
sued because of a subscriber's or customer of a subscriber's
activity, the subscriber will be responsible for payment of
any damages awarded against The Monster Chip, plus costs and
reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including The Monster Chip and its subscribers,
as responsible members of the Internet. Any complaints about
a subscriber's violation of this AUP should be sent to contact
us.
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