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MonsterCloud – Terms of Service

Legal User Agreement

This User Agreement (“Agreement”) is an agreement between MONSTER CLOUD LLC, a Florida corporation, and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).

BY SIGNING UP FOR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED HEREIN, INCLUDING MONSTER CLOUD LLC’S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy

Customer shall comply with MONSTER CLOUD LLC’s then-current Acceptable Use Policy (AUP), which may be updated from time to time and is incorporated herein by reference. The AUP can be viewed under the Policies section of MONSTER CLOUD LLC’s website.

Customer acknowledges and agrees that it is responsible for its content and activities, as well as those of its customers. MONSTER CLOUD LLC reserves the right to take corrective action, including removal of content, suspension or termination of services, in case of violation. No fees will be refunded for corrective actions taken.

2. Customer’s Responsibilities

  • Customer is solely responsible for the quality, performance, and all other aspects of the Customer Content and services offered through its website.
  • Customer must provide appropriate disclosures and terms of use to end users.
  • Customer is responsible for uploading and maintaining content, backups, and ensuring compatibility with MONSTER CLOUD LLC’s infrastructure.
  • Despite routine backups by MONSTER CLOUD LLC, Customer must maintain its own data backups.
  • Customer must comply with software licensing and regulatory requirements for all installed applications.

3. Customer’s Representations and Warranties

Customer represents that it owns or is licensed to use all content and will ensure its website and activities:

  • Do not infringe any intellectual property or privacy rights.
  • Comply with all applicable laws and regulations.
  • Are free of malware or malicious code.
  • Do not contain defamatory or illegal material.
  • Customer accepts responsibility for ecommerce, taxes, and user communications.
  • Grants MONSTER CLOUD LLC the right to use content as necessary to deliver services.

4. License to MONSTER CLOUD LLC

Customer grants MONSTER CLOUD LLC a non-exclusive, royalty-free license to use, reproduce, display, and back up Customer Content as needed to provide services. MONSTER CLOUD LLC reserves the right to take corrective actions or comply with legal/governmental requests without liability.

5. Indemnification

Customer agrees to indemnify and hold harmless MONSTER CLOUD LLC and its affiliates, officers, employees, and agents from any claims, losses, or damages resulting from:

  • Customer’s use of services.
  • Violations of the AUP.
  • Breaches of this Agreement.
  • Any acts or omissions by Customer.

6. MONSTER CLOUD LLC as Reseller or Licensor

MONSTER CLOUD LLC acts as a reseller or licensor of third-party hardware, software, or equipment. It is not responsible for changes to services affecting third-party products. Any warranties or remedies for these products are provided solely by the third-party manufacturer.

Customer agrees not to reverse engineer, copy, or tamper with any third-party intellectual property provided by MONSTER CLOUD LLC and not to export any product or technical data in violation of applicable laws.

7. Internet Protocol (IP) Address Ownership

All IP addresses assigned to the Customer remain the property of MONSTER CLOUD LLC. Usage is granted at the company’s sole discretion and may be changed or revoked at any time.

8. Server Resources

MONSTER CLOUD LLC reserves the right to determine if Customer is using server resources fairly. If usage negatively impacts other customers, MONSTER CLOUD LLC may take corrective actions, including suspension or termination of services.

9. Use at Customer’s Own Risk

Customer acknowledges that use of the services is at their own risk. MONSTER CLOUD LLC disclaims responsibility for the content transmitted through its systems and provides all services “as-is” and “as available.”

No warranty is made regarding uninterrupted or error-free service, or the accuracy of content, and no oral or written information shall create any warranty.

10. Limited Warranty

MONSTER CLOUD LLC warrants that services will be performed:

  • Consistent with industry standards.
  • At the same level provided to other customers.
  • In material compliance with the applicable service descriptions.

Customer must report warranty breaches within 30 days. Remedies include re-performing the service or a prorated credit. This warranty does not cover issues caused by external factors, third-party actions, or customer equipment.

MONSTER CLOUD LLC disclaims all other warranties, including merchantability and fitness for a particular purpose. Third-party software is provided “as-is.”

11. Billing and Payment

  • All fees are prepaid and due upon invoice unless otherwise stated in the Order Form.
  • Late payments may incur fees or service suspension within 3 days of nonpayment.
  • A $75 fee applies to returned checks.
  • Shorter-than-one-month billing is still charged as a full month.
  • Administrative charges may apply for reinstating suspended accounts.

12. Duration of Agreement, Continuity, and Termination

The agreement starts upon acceptance of policies or service use and continues for the term specified in the Order Form. It auto-renews unless canceled 90 days before renewal.

  • Early termination requires 90 days’ notice.
  • MONSTER CLOUD LLC may terminate for non-payment or non-compliance without notice.
  • Accounts with chargebacks may be suspended or sent to collections with a minimum fee of $99.95.
  • All cancellations must be sent to [email protected]. No other methods will be accepted.

13. Limitation of Liability

MONSTER CLOUD LLC is not responsible for service continuity, data integrity, or unauthorized data access. Neither party is liable for indirect, incidental, or consequential damages, including lost profits, even if advised of the possibility.

Maximum liability is limited to the total amount paid by the Customer for the affected service during the previous 12 months.

14. Miscellaneous

  • Independent Contractor: Both parties are independent contractors with no authority to bind one another.
  • Governing Law: This agreement is governed by Florida law. Any disputes must be handled in Florida courts.
  • Venue Waiver: Customer waives any objection to the venue or forum being inconvenient.

15. Entire Agreement; Amendments

This Agreement supersedes all prior agreements and communications. It may only be modified in writing by both parties, except that MONSTER CLOUD LLC may update its Terms of Service by posting on its website.

16. Severability

If any provision of this Agreement is found to be illegal, invalid, or unenforceable, the remaining provisions will continue in full force and effect.

17. Notices

All notices must be in writing and delivered either in person, by mail, or electronically to the addresses on file.

18. Waiver

No delay or failure to exercise a right will be deemed a waiver. No waiver will be effective unless in writing and signed by the waiving party.

19. Assignment; Successors

Customer may not assign this Agreement without MONSTER CLOUD LLC’s prior written consent. MONSTER CLOUD LLC may assign or subcontract services without notice.

20. Limitation of Actions

No action related to this Agreement may be brought more than two years after the cause of action arises.

21. Counterparts

If signed manually, this Agreement may be executed in multiple counterparts. If signed electronically, MONSTER CLOUD LLC’s records shall be presumed accurate unless proven otherwise.

22. Force Majeure

Neither party is liable for delays or failures in performance due to causes beyond their reasonable control, including natural disasters, war, supply shortages, or third-party failures.

23. Government Regulations

Customer may not export or transfer any regulated item or information in violation of U.S. or international export control laws.

24. Marketing

Customer agrees MONSTER CLOUD LLC may refer to Customer as a client publicly, unless otherwise requested in writing.

Acceptable Use Policy (AUP)

Accounts may be suspended or terminated if used for illegal, abusive, or otherwise unacceptable content or behavior. Monster Cloud LLC reserves the right to define what is acceptable.

  • No illegal activity, copyright infringement, or privacy violations.
  • No pornographic, obscene, or sex-related content if prohibited by applicable law.
  • No spamming or unsolicited emails using Monster Cloud servers.
  • No activity that harms or attempts to harm servers or other customers.
  • No reselling disk space or operating IRC servers without a reseller agreement.

Monster Cloud LLC backs up customer files weekly, but users are responsible for maintaining their own backups. Violation of these terms may result in account suspension and forfeiture of fees.

Privacy Policy

Monster Cloud LLC values your privacy and does not sell or share your information without consent, except as required by law.

Information Collection

  • We collect your contact and billing info through forms and communications.
  • Only employees with a need-to-know have access to your data; payment info is encrypted.

Cookies

Cookies may be used to store relevant, non-sensitive information. You may disable cookies if preferred.

Information Sharing

Information is only shared with consent or as required by law.

Security

While we use SSL and encryption to protect data, users are responsible for securing their passwords and devices.

Spam and Viruses

We employ filters, but users should still take precautions against spam and malware.

Changes

We reserve the right to update this Privacy Policy and will post any changes accordingly.

Contact

If you believe your privacy has been violated, contact us at [email protected] or call 1-305-933-1533.

Backup Policy

Monster Cloud LLC performs daily, weekly, and incremental backups for Hosted Exchange, SharePoint, and virtual servers. Weekly full backups are stored for one week. Non-system-related data loss (e.g., accidental deletions) can be restored for a small fee during business hours.

Customers are strongly encouraged to maintain their own backups. Monster Cloud LLC is not responsible for data loss due to human error, corruption, viruses, or hardware failures.