Terms Of Use


GENERAL

monkeyVPN.com (hereafter referenced as monkeyVPN) provides VPN services under the name of monkeyVPN.com. As a provider of internet services, monkeyVPN offers its clients, and their customers and users, the means to disseminate public, private, commercial, and non-commercial information.

monkeyVPN respects the fact that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, monkeyVPN reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, monkeyVPN has developed these Terms Of Use, which supplements and explains certain terms of each customer's respective service agreement. These terms are intended as a guide to the customer's rights and obligations when utilizing monkeyVPN's services.

These terms will be revised from time to time. A customer's use of monkeyVPN's services after changes to these terms are posted on monkeyVPN.com web sites will constitute the customer's acceptance of any new or additional terms.

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 the Internet to disseminate information to others.

It must be kept in mind that monkeyVPN does not review, edit, censor, or take responsibility for any information its clients may create. When clients 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 they place on monkeyVPN's network may be carried to a large number of people, including both clients and non-clients of monkeyVPN, clients' postings to the Internet may affect other clients and may harm monkeyVPN's goodwill, business reputation, and operations.

PROHIBITED ACTIVITIES

monkeyVPN clients violate monkeyVPN policy and the service agreement when the clients, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming
Intellectual Property Violations
Defamatory or Abusive Language
Forging of Headers
Illegal or Unauthorized Access to Other Computers or Networks
Background Running Programs
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Facilitating a Violation of this AUP
Export Control Violations
Spamming Usenet Groups or Message Boards
Any Other Illegal Activities

It is monkeyVPN's policy to terminate the privileges of customers who commit repeat violations of monkeyVPN policy and service agreements.

Spamming is the sending unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward monkeyVPN, but also because it can overload monkeyVPN's network and disrupt service to monkeyVPN clients. Also, maintaining an open SMTP relay is prohibited.

Intellectual Property Violations is the engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. monkeyVPN is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.

Defamatory or Abusive Language refers to the use of monkeyVPN's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers refers to the forging or misrepresenting of message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks is 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"). This violation also includes any activity that might 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 refers to the distributing of information regarding the creation of and sending of internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, it includes any 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.

Facilitating a Violation of this AUP refers to 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, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations refers to exporting encryption software, over the Internet or otherwise, to points outside the United States.

Other Illegal Activities refers to engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes. Other examples are fraudulently charging credit cards and pirating software.

Other Activities refer to any activity, including lawful ones, that monkeyVPN determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

The responsibility for avoiding the harmful activities just described rests primarily with the client. monkeyVPN will not, in normal practice, monitor the communications of its clients to ensure that they comply with monkeyVPN policy or applicable law. When monkeyVPN becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or other actions monkeyVPN deems appropriate.

PRIVACY AND SECURITY CONSIDERATIONS

monkeyVPN is also concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, monkeyVPN urges its clients to assume that all of their on-line communications are insecure. monkeyVPN cannot take any responsibility for the security of information transmitted monkeyVPN's facilities.

monkeyVPN will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. monkeyVPN may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.

monkeyVPN may disclose information, including but not limited to, information concerning a client, 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 USA governmental request. monkeyVPN assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, monkeyVPN may disclose client information or information transmitted over its network where necessary to protect monkeyVPN and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including monkeyVPN and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to the Administrator