Yes, the Boring Legal Stuff..
Code Monkey Design Limited
General Terms of Service
Last Updated: 3rd August 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
CodeMonkey Design Ltd offers a variety of services to Clients that range from hosting and website services, website design and IT consultancy. These services are collectively referred to as “Services.”
By using CodeMonkey Design Ltd’s Services, Client agrees to these Terms of Service and any other policies or terms referenced or published by us (collectively, the “Terms”). If Client does not accept these Terms, Client must not register an account or purchase, access, or use CodeMonkey Design Ltd’s Services in any way.
These Terms form a binding legal agreement between CodeMonkey Design Ltd and any person or organization who purchases, accesses, or uses CodeMonkey Design Ltd’s Services (“Client” or “You”). Client represents, warrants, and agrees that (a) Client has the full power and authority to enter into and perform under these Terms, or (b) if Client is using these Services on behalf of an organization, entity, or group, that Client is authorized to accept these Terms.
Client agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Client agrees that all charges and fees associated with an account are their sole responsibility.
AUTOMATIC RENEWAL: At the end of the contract term, the contract will automatically renew at the then-current, non-promotional rate for the original contract length indefinitely until cancelled.
CodeMonkey Design Ltd will automatically bill the applicable service when it comes up for renewal.If you do not wish for any service to automatically renew, you may elect to cancel that service, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your Services before that date. Any Services must be cancelled prior to their renewal date(s) in order to avoid automatic renewals. Renewal dates take effect at midnight, GMT.
You can cancel by emailing email@example.com
Violations of CodeMonkey Design Ltd’s Terms may, at CodeMonkey Design Ltd’s discretion, result in immediate and permanent disablement without refund.
CodeMonkey Design Ltd reserves the right to disable or suspend without refund any account or service at any time should it feel, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of any agreed upon terms.
Disputed charges (“chargebacks”) associated with any CodeMonkey Design Ltd account, at CodeMonkey Design Ltd’s discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a £50 fee on the account which must be paid before any Services may be reactivated.
CodeMonkey Design Ltd reserves the right to modify current service plans, fees, and applicable charges at any time. Prices quoted on the website may be higher, or indeed lower than those advertised, but will be documented in the invoice to the client.
Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, CodeMonkey Design Ltd will provide notice to Client, and will allow Client to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.
CodeMonkey Design Ltd will use commercially reasonable efforts to make The Client’s website available 99% of the time during each monthly billing cycle.
If CodeMonkey Design Ltd is unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the Unavailability for that month.
For the purposes of this agreement, Unavailability means that either (a) the Client’s website service is unresponsive, or (b) The Client’s website returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month. CodeMonkey Design will pass on any notification of downtime to its clients from the providor of its web services.
Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
CodeMonkey Design Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or CodeMonkey Design Ltd Web Hosting’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Client will provide CodeMonkey Design Ltd with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of CodeMonkey Design Ltd. CodeMonkey Design Ltd shall make no effort to validate this information for content, correctness or usability.
Work undertaken to make the material provided to CodeMonkey Design Ltd will be billed at a rate negotiated with the Clientt, or will be identified in the website setup costs.
Use of CodeMonkey Design Ltd’s Pure Hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s Webspace by the Client.
The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Client agrees that they have the necessary knowledge to create Client’s Webspace. Client agrees that it is not the responsibility of CodeMonkey Design Ltd to provide this knowledge or Client Support outside of the defined service of CodeMonkey Design Ltd.
CodeMonkey Design Ltd will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
CodeMonkey Design Ltd reserves the right to police its network to verify compliance with all agreed upon Terms.
The Client agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
CodeMonkey Design Ltd reserves the right to disconnect any website or server deemed to present a security threat to CodeMonkey Design Ltd’s Clients, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by CodeMonkey Design Ltd is grounds for termination of all Services.
CodeMonkey Design Ltd makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. CodeMonkey Design Ltd also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of CodeMonkey Design Ltd is at the Client’s own risk, and CodeMonkey Design Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Any mention of connection speeds associated with CodeMonkey Design Ltd’s Services represents the maximum achievable speed. CodeMonkey Design Ltd does not guarantee that the Client will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). CodeMonkey Design Ltd expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
CodeMonkey Design Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, CodeMonkey Design Ltd may, at its option and at any time, reject this material, including but not limited to after it has been put on CodeMonkey Design Ltd’s servers. CodeMonkey Design Ltd agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of CodeMonkey Design Ltd. If the Client fails to modify the material, as directed by CodeMonkey Design Ltd, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through CodeMonkey Design Ltd that are ‘parked’ or are otherwise not immediately associated with a CodeMonkey Design Ltd hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via codemonkey.design The Coming Soon web page may be modified at any time by CodeMonkey Design Ltd without prior notice to you and may include such things as, without limitation, links to additional products and Services offered by CodeMonkey Design Ltd.
Trademarks & Copyrights
Client warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the Client’s account.
Hardware, Equipment, & Software
The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access CodeMonkey Design Ltd Services.
CodeMonkey Design Ltd makes no representations, warranties or assurances that the Client’s equipment will be compatible with CodeMonkey Design Ltd Services.
CodeMonkey Design Ltd guarantees 99% uptime. A failure to provide 99% uptime will result in Client compensation pursuant to guidelines established herein.
Client is entitled to compensation if Client’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in CodeMonkey Design Ltd systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Client.
Client will receive CodeMonkey Design Ltd credit equal to the Client’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of Client’s next pre-paid hosting renewal fee.
CodeMonkey Design Ltd’s assessment of downtime begins when Client opens a support ticket to report the problem.
CodeMonkey Design Ltd Stipulations
Bandwidth, pricing and measurement frequency are subject to change at CodeMonkey Design Ltd’s discretion. Promises of ‘unlimited’ bandwidth, storage and email addresses are subject to a reasonable limit and are defined by the provider of the services to CodeMonkey Design Ltd. Please see the “Unlimited” Policy below.
Clients affected by such changes will be notified no less than thirty (30) days in advance by CodeMonkey Design Ltd.
CodeMonkey Design Ltd is under no obligation to compensate Client for downtime, whether the downtime is caused by Client, CodeMonkey Design Ltd, or CodeMonkey Design Ltd’s upstream providers.
Client agrees that hosting payments are NONREFUNDABLE. For example, if Client submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Client chooses to discontinue service with CodeMonkey Design Ltd mid-way through the term. The same thing applies when a Client undertakes to be billed monthly: cancellation will happen from the next billing period and the current billing period will not be refunded.
CodeMonkey Design Ltd reserves the right to take any action upon a website or mail account it deems necessary at any time to protect the security and integrity of its servers. For example, a compromised mail account being used for Spam may be disabled until the matter can be resolved.
The Client certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “Client” in terms of this contract.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. CodeMonkey Design Ltd will accept termination by electronic mail. Notwithstanding the above, CodeMonkey Design Ltd may terminate service under this contract at any time, without penalty, if the Client fails to comply with the terms of this contract, including non-payment. CodeMonkey Design Ltd reserves the right to charge a reinstatement fee.
Client expressly agrees that use of CodeMonkey Design Ltd’s Services is at Client’s sole risk. Neither CodeMonkey Design Ltd, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that CodeMonkey Design Ltd’s Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through CodeMonkey Design Ltd Services, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall CodeMonkey Design Ltd, its offices, agents or anyone else involved in creating, producing or distributing CodeMonkey Design Ltd’s Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use CodeMonkey Design Ltd’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to CodeMonkey Design Ltd’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content utilizing CodeMonkey Design Ltd’s Services.
Notwithstanding the above, Client’s exclusive remedies and CodeMonkey Design Ltd’s total liability for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Client paid to CodeMonkey Design Ltd during the six (6) months immediately preceding the claim.
Client agrees that it shall defend, indemnify, save and hold CodeMonkey Design Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against CodeMonkey Design Ltd, its agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless CodeMonkey Design Ltd against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with CodeMonkey Design Ltd’s Service; any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Client sold on CodeMonkey Design Ltd’s servers.
Other Terms and Policies
Client agrees to abide by the terms set forth in this Terms of Service as well as other CodeMonkey Design Ltd policy documents including, but not limited to the following, each of which are incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties:
Client also agrees to abide by all applicable terms set forth by all CodeMonkey Design Ltd partners and subsidiaries.
As CodeMonkey Design Ltd evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification. However, it is your responsibility to periodically check for the current version of our Terms by visiting this page (and other pages referenced in the Terms).
If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.
Client may not assign or transfer Client’s rights or obligations under these Terms without the written consent of CodeMonkey Design Ltd.
The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.
General Acceptable Use Policy
Last Updated: 3rd August 2023
The following statements pertain to all products and services offered by CodeMonkey Design Ltd
Client may only use CodeMonkey Design Ltd Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the Client does not hold the copyright or an appropriate license) on CodeMonkey Design Ltd Web Server. Also, using CodeMonkey Design Ltd’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well. CodeMonkey Design Ltd accepts no legal liability for anyone contravening this law and if such contraventions are discovered, they will be immediately reported to the appropriate authorities .
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of CodeMonkey Design Ltd’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden. I don’t care if you claim it is “White Hat” – just don’t, okay?
Any activity which causes service interruptions to either CodeMonkey Design Ltd’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Mining of Cryptocurrencies.
Mining of any cryptocurrency is prohibited on any CodeMonkey Design Ltd platform. This includes but is not limited to individual, collective, or cloud mining of any digital currency.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited.
Client agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use CodeMonkey Design Ltd Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at CodeMonkey Design Ltd. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund. More details about our anti-spam policy can be found below.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
You agree that if the CodeMonkey Design Ltd IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and CodeMonkey Design Ltd may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
FOREX, egold exchange, etc. are prohibited and will result in immediate termination of service without refund.
Usage of the CodeMonkey Design Ltd sites to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Client agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against CodeMonkey Design Ltd’s network or website, or CodeMonkey Design Ltd’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
The Client agrees to make use of CodeMonkey Design Ltd Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.
CodeMonkey Design Ltd Web Hosting services are not intended to be used for data backup or archiving purposes. If the client requests backups of its data (database and files) managed by CodeMonkey Design Ltd then a fee will be negotiated for this.
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Any script/process/etc that adversely affects the ability of any other Client to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
All IRC bots and “bouncers” (bnc, etc) are forbidden.
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on CodeMonkey Design Ltd Websites.
All proxy software, anonymous or otherwise, is forbidden on CodeMonkey Design Ltd Shared Hosting services.
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other Clients’ activities.
In the past several years, the Internet has exploded with commercial activity. The breaking down of barriers between businesses and consumers has been facilitated by the rapid development of new technology, removal of ‘middlemen’, and tax rates favourable to online entrepreneurship.
We at CodeMonkey are proud to support responsible commerce on the Internet – this is represented in our service offerings and unparalleled support. However, it has become apparent that the same environment that has helped this trend take off has also contributed to numerous cases of fraud and abuse of network resources.
In particular, “spam” has proven to be a major problem for many of our customers and the Internet at large. Spam is a common slang term referring to the sending of unsolicited email, instant messaging, or other communication to a large group of people at once. Variations on this practice include off topic (and usually promotional) messages on bulletin boards, guestbooks, Usenet newsgroups, or chat rooms.
Spam is strictly against our Terms of Service, and will result in the immediate disablement without refund of any customers who are found to have used spam in conjunction with their account.
The following policy dictates in specific terms what is considered acceptable use of bulk email/messaging by us:
Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the confirmation. The user must be able to present this information at our request.
Lists cannot be procured from outside parties unless the email sender has procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:
- Records are kept of the date, time, IP address, and form location where the subscribing user signed up from.
- Lists procured from outside parties must have been consistently handled in a manner comparable to our policies.
- Users cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.
- All subscriptions must be re-confirmed in the manner described in Subscriptions (above) before being sent bulk email messages.
Users must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message.
Undeliverable addresses must be removed from all future mailings after no more than 5 bounces.
Users are responsible for the practices of any affiliate program members they solicit the help of, as if they were hiring an outside advertising agency.
Users using either outside advertising companies or 3rd party mailing programs must abide by the same policies and practices.
All mailings must provide clear and simple to follow instructions for opting-out of future mailings, and all reasonable attempts must be made to facilitate the removal of a mailing list subscriber at their request.
It is strictly prohibited in conjunction with your account to sell software designed specifically to facilitate the practice of spamming.
Predominately promotional messages must not be posted to bulletin boards, discussion forums, guestbooks, Usenet newsgroups, or any other similar service unless the operator of that service explicitly allows such messages. In the case of Usenet newsgroups, such messages must be specifically allowed in that group’s charter.
CodeMonkey Design Ltd reserves the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
The number of email addresses that can be created in conjunction with any account may be limited, at CodeMonkey Design Ltd’s sole discretion, pending review and verification of compliance with all agreed upon terms.
Customers must substantially address all spam related inquiries by CodeMonkey Design Ltd personnel within 72 hours. Failure to respond within a reasonable period of time may result in the disablement of the user’s account.
By following these guidelines and respecting the privacy of your visitors, you can gain much from the responsible practice of commerce online. Of course, should you have any questions regarding the proper way to use bulk email with your web site, please contact us for more information.
Last Updated: 3rd August 2023
What do you mean “Unlimited”?
What we mean is, you don’t have to worry about disk storage or network transfer when your site gets popular.
You DO still have to worry about plenty of other things though… if your site isn’t well optimized and is causing issues for others on your shared server (either because it’s pounding the CPU, hogging RAM, or doing tons of disk I/O), you may be asked to sign up for a Private Server.
Trust us, every host out there has exactly the same limitations… we’re just trying to be up front about them!
What about databases?
You’re certainly allowed an unlimited number of MySQL databases, but in the interest of server stability, MySQL databases on any shared hosting platform are limited to 3GB in size per database.
In order to keep the mail system operating smoothly, there are some restrictions on email storage. The number of email addresses that can be created on an account is dependent on your chosen email or hosting plan. All email addresses have a 25GB storage limit. All forward-only mail accounts are limited to 10 forward addresses.
What’s not allowed in “Unlimited”?
Basically, sites whose essential purpose is to use disk or bandwidth. When making a website, you should be thinking about “How can I make an interesting site for my visitors while minimizing my server storage, bandwidth, file system, memory, and cpu impact as much as possible?”
The result will be a better experience for your visitors, your web host, and yourself!
Here are some specific examples of things not allowed:
- Copyrighted content to which you do not hold usage or distribution rights.
- File upload / sharing / archive / backup / mirroring / distribution sites.
- A site created primarily to drive traffic to another site.
- Making your account resources available (whether for free or pay) to the general public.
- We reserve the right to delete data stored on our servers that violates any of the terms in the Unlimited Policy, and, generally, in our Terms of Service. CodeMonkey Design Ltd has sole discretion to determine what does, and does not violate either policy.
Hey, that doesn’t sound very “Unlimited” to me!
Actually, for you, my dear Legitimate Website Owner, it is unlimited.
This whole page is just to announce to the <.1% of people who want to try and run free porn affiliate sites or anime video trading forums or host pirated rips of The Dark Knight on CodeMonkey Design Ltd that we’re not having any of that.
But our pledge to you is to do our best to always keep your website, with the content you created, UP… no matter how many times you get Slashdotted or Reddited.