Terms Of Service
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Terms and Conditions of use
These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by Monimega (“Monimega”, “we” or “us”) with registered office in Catanzaro - Viale Tommaso Campanella 143 - 88100 - Italy - VAT number IT03178140798. These Terms and Conditions represent the whole agreement and understanding between Monimega and the individual or entity who subscribes to our service (“Member”, “Members” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Monimega may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Monimega believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Monimega may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: Terms and conditions of use. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Monimega offers Members domain name registration, website hosting, webdesign and email hosting services for the duration of the service term purchased from Monimega.
Services are provided on the basis of facility and equipment availability. Monimega reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.
Access to the web and email servers is terminated upon expiry of the Service.
Details regarding your account can be found in Member Zone
3. Web Hosting
Monimega is currently offering the following hosting plans (“Current Plans”):
- Hosting Plans (yearly)
- Hosting Plans (monthly)
- The Master
Hosting plans that are not listed above (“Legacy Plans”) will no longer be offered for new applications or for plan change requests.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Monimega error page. This error page informs visitors that the web page they are looking for cannot be found, and may include such things as, but without limitation to, the following:
- Links to additional products and services offered by Monimega.
- Advertisements for products and services offered by third-parties.
- An internet search engine interface.
Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through Member Zone. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.
All Monimega web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in Member Zone. Monimega is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, upon expiry.
Monimega’s email service provides customers with the capability to send and receive email via the Internet. Monimega retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide services, Monimega has the legal right to block electronic communications from other entities on the Internet.
Monimega relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Members. You acknowledge that as part of your Monimega Service, advertisement sponsored email newsletters may be sent to Members and Monimega email service email accounts.
Outgoing email messages being sent from Monimega servers may carry an email footer “Trailer Message” which may identify Monimega as your service provider, as well as promote services offered by Monimega or by third parties.
5. Definition of Unlimited Usage
What “Unlimited” means: when Monimega does not set an arbitrary limit on the amount of resources (some of them) an account can use.
What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.
Monimega’s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Monimega administrators and anti-abuse controls. These Members will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services (not provided by Monimega at the moment). Serious offenses will result in the account service suspension or termination, with or without notice.
6. Domain Name Registration
Monimega offers domain name registration and renewal services in partnership with ICANN accredited registrars. Monimega processes registration and renewal services through these respective registrars at its discretion.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via Member Zone. If your hosting plan includes a free domain name, Monimega may automatically renew your domain name for you upon expiry as part of your hosting plan's benefits, regardless of your Automatic Domain Renewal settings.
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. Monimega is authorized to deny any such transfer requests.
You acknowledge and agree that Monimega may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.
Domain transfer services are included only for active domain names that are either registered or renewed through Monimega at the regular rate. Members may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.
7. Service Fees / Payments / Invoices
All Monimega fees and charges are quoted and billed in Euro and GBP unless otherwise noted.
Members have the option to pay services fees in Euro. If GBP is selected as the billing currency, Members will be charged the GBP equivalent of the Euro total. The exchange rate used (“Exchange Rate”) is subject to change from time to time
Monimega uses an automated payment processing system and also accepts credit card payments at this time. All Members are required to provide maintain valid credit card information on file for the processing of any applicable service fees. At its sole discretion, Monimega may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Monimega may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
For security reasons and fraud prevention, Monimega reserves the right to request,in some cases, additional informations to the user (eg. copy of an ID or passport, an utility bill to verify your address, a correct phone number). Unless intervened suspects or bank directives, you have 60 days from payment date to provide the required data. If you choose to pay by credit card and there were reasonable doubts about the validity of your account details and, depending on the case, documents you have sent, and your behavior is unusual, you will be asked to contact your bank, which will send an official email (to email@example.com) from its internet domain which states that you are indeed the owner of the account and have made regular purchase with your personal credit card, or provide to you an agent email address belonging to the bank internet domain to which Monimega can request the same information. Or you will have to wait for the directives of the bank for refund at the appropriate time, after that the origin of the transaction will be ascertained.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all Monimega services can be found by logging into Member Zone.
Billing inquiries and disputes should be brought to Monimega’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Monimega reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by Monimega are not transferable and are of no cash value.
Monimega reserves the right to modify service fees and rates, effective upon posting on the Monimega website or on this Agreement. Current service charges include the following (non-exclusive list):
|Account Reactivation Fee||Euro € 12.00|
|Chargeback Service Charge||Euro € 20.00|
|Reactivation Fee (TOS Violation)||Euro € 25.00|
|Refund Processing Fee||Euro € 15.00|
8. Termination / Plan Change / Refund Policy
Monimega may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts Monimega business operations or affects any other party
All Member data is removed from Monimega servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website, you can ask by email or online chat service.
When submitting your cancellation request, you must provide the correct Member ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
You are eligible for a refund under the following circumstances only:
- If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund of all hosting fees paid.
- If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund of all hosting fees paid on your most recent renewal. You will be subject to a Euro € 15.00 Refund Processing Fee.
- If you cancel your account within 14 days of a hosting plan change, you will, upon request, receive a full refund of all hosting fees paid on your most recent hosting plan change. You will be subject to a Euro € 15.00 Refund Processing Fee.
Refunds will not be given for services that are billed monthly.
If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Monimega for the domain name registration when you do any of the following before your hosting plan subscription expires:
- You cancel your hosting plan subscription.
- You change to a hosting plan or term that does not offer a free domain name.
- You transfer the domain name to another domain registrar.
The amount of this fee will vary depending on the domain type and on the registration term.
Only one refund may be issued for each invoice. Monimega reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
9. Member Responsibility
When you apply to use Monimega services, you will be asked to select a Member ID and Password. The Member ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and Password you select from any unauthorized use. IN NO EVENT WILL Monimega BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
Members are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in Member Zone.
10. Prohibited Conduct
Monimega does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the Monimega network or promoting information on websites hosted by Monimega will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with italian and EU laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Monimega account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Monimega service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
You agree that, unless other instructions are posted on Monimega's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Monimega posted on the Monimega website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by Monimega. Member information will not be disclosed or sold to any third parties.
Since the details you give us are essential for the processing and delivery of orders and for billing, failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present General Conditions as well as the conditions of use listed on the Site.Monimega is authorised to extract, handle and use information that concerns you.This information is the subject of computer processing. You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to Monimega to find out what personal information they have concerning you. You may at any time, and by request, modify this information. If you accepted to receive our promotional e-mails when you registered on the Site, offers including new services, clearance, exclusivities, good deals etc. will be sent to you. You may at any time request not to receive any further e-mails from us by clicking here or on the link created for this purpose and inserted at the bottom of each page of our or our partners’ emails.Only Monimega has information regarding you. If you accepted during registration on the Site, Monimega and its contractual partners may send you information concerning particular and occasional promotions. Monimega’s partners have been specially chosen by Monimega and are recognised for the quality of their products and services.We would like to remind you that cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Before any information is recorded, an alert message will ask you whether you would like to enable cookies, and you may refuse if you wish. Cookies do not contain any confidential information about you.
GDPR - Personal data management
Registered users as customers can request at any time the list of recorded data and also their correction or cancellation.
13. Reservation of Rights
Monimega reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Monimega or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Monimega determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
14. Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Monimega makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Monimega is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Monimega.
In no event will Monimega be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
Monimega, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.
In no event shall Monimega be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold Monimega harmless from and against, and to reimburse Monimega with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Monimega by reason of or arising out of or in connection with:
- Any breach of this Agreement by you.
- Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
- Illegal, pornographic, or discriminatory content on your website.
16. Force Majeure
Monimega will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
17. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
18. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the laws of Italy.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Italy for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
19. Age of Majority
Monimega does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
21. Entire Agreement
This Agreement, as may be updated from time to time and posted at Terms and conditions of use, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.