1. Provider, scope and acceptance
1.1These Terms of Service (the “Terms”) are issued by MonsterASP.NET s.r.o., Jicinska 226/17, 130 00 Prague, Czech Republic, Company ID 21693421, registered in the Commercial Register kept by the Municipal Court in Prague (“MonsterASP”, “we”, “us” or “our”). Contact: support [at] monsterasp [dot] net.
1.2These Terms govern the use of the website www.monsterasp.net and of all web hosting, database hosting, e-mail hosting, file storage and related services provided under the MonsterASP.NET label (the “Services”) by any natural or legal person who registers a customer account or uses the Services (the “Customer”, “you” or “your”).
1.3By registering an account, placing an order or using the Services you confirm that you have read, understood and accepted these Terms. If you do not agree with these Terms, do not register or use the Services.
1.4The following documents form an integral part of these Terms and are incorporated by reference: (a) the Privacy Policy, which describes how we process your account data; (b) the Data Processing Agreement pursuant to Article 28 GDPR, which is accepted by the Customer upon ordering or renewing a paid Service (see clause 8); and (c) the description, limits and prices of the individual plans published on the website and in the control panel. In the event of conflict, the body of these Terms prevails, except that the Data Processing Agreement prevails with respect to the processing of personal data on behalf of the Customer.
1.5These Terms are drawn up in English. Any translation is provided for convenience only; the English version prevails.
2. Account and eligibility
2.1You must be at least 18 years old and have full legal capacity to enter into a contract. Persons under 18 may use the Services only through a parent or legal guardian who accepts these Terms on their behalf and is responsible for their use.
2.2You must provide accurate, complete and current contact and billing information when registering and keep it updated in the control panel. We use this information to determine ownership of the account and the Services. If there is a dispute concerning ownership of an account, we may freeze the account until the dispute is resolved between the parties.
2.3You are responsible for keeping your account credentials, FTP credentials, database credentials and API keys confidential, for using strong passwords and for enabling two-factor authentication where available. All activity carried out through your account is deemed to be carried out by you. Notify us immediately if you suspect unauthorised access to your account.
2.4Each person may register one account only, unless we have expressly agreed otherwise. Registering multiple accounts to circumvent plan limits, free plan restrictions or a previous suspension is prohibited.
2.5If you administer Services on behalf of another person or entity, you warrant that you are authorised to do so and that you will administer the Services in good faith. You agree to indemnify us against any claim arising from your administration of the account adversely to that person or entity.
2.6All orders and registrations are subject to fraud screening. We use multiple technologies to screen orders and registrations, including IP reputation and geographic checks. We are not obliged to provide the Services unless and until the information you provide satisfies our fraud prevention controls, and we may refuse registrations from certain countries, networks or anonymising services at our discretion. If you fail to satisfy these controls, you remain responsible for any third-party services already ordered.
3. Services, plans and free hosting
3.1The Services are provided as shared hosting on servers and platforms configured by MonsterASP. You are solely responsible for determining whether the configuration, features and limits of a plan are suitable for your intended use. The scope and limits of each plan (including disk space, bandwidth, CPU, memory, number of websites, databases, mailboxes and files) are published on the website and in the control panel and may be updated in accordance with clause 12.
3.2Free hosting. Free plans are provided free of charge for development, testing, learning and evaluation purposes only. Free plans: (a) come without any service level, availability or support commitment; (b) are not backed up by MonsterASP; (c) are not intended and may not be used for commercial purposes, for production workloads or for the production processing of personal data; (d) may be limited, suspended, changed or discontinued by us at any time without notice and without compensation; and (e) may be deleted, together with all data, after a period of inactivity or where the account is not verified. Use of a free plan for commercial purposes or for the production processing of personal data constitutes a breach of these Terms.
3.3Beta services. Some Services or features may be offered in Beta mode, which means we are testing them before officially rolling them out. Beta services may contain bugs, technical flaws or interruptions, may be changed or withdrawn at any time, and are provided without any warranty. You use Beta services at your own risk.
3.4Subdomains and domains. Subdomains provided by us (for example under runasp.net or other domains we operate) remain our property. We grant you a revocable, non-transferable right to use them for the duration of the Service and may withdraw or change them at any time, in particular in case of abuse or discontinuation of the domain. You are responsible for the ownership, registration, renewal and DNS configuration of your own domain names and warrant that their use does not infringe the rights of third parties.
3.5Third-party software and applications. Any application, framework, content management system or other software that you install or deploy on the Services (whether uploaded by you or installed through our application installer) is operated by you at your own risk. You are responsible for its licensing, configuration, security, updates and the content it publishes. We are not responsible for vulnerabilities, defects or data loss caused by third-party software or by outdated or misconfigured applications.
3.6Changes to the Services. We may change, upgrade, replace or discontinue features, software versions, server locations or components of the Services as technology evolves. Where a change materially reduces the functionality of a paid Service, we will notify you at least 30 days in advance where reasonably possible.
4. Prices, payment and renewal
4.1Prices for paid (Premium) Services are published on the website and in the control panel. Unless stated otherwise, prices are exclusive of VAT. VAT is charged where required by applicable law based on the billing information you provide. You are responsible for providing a valid VAT identification number where you wish to be invoiced under the reverse-charge mechanism.
4.2Paid Services are prepaid for the ordered billing period. A Service is activated after the payment has been received and, where applicable, after fraud screening has been completed.
4.3Before the end of each billing period we will notify you by e-mail of the upcoming expiry of the Service. Renewal is made by paying the renewal invoice. If the Service is not renewed by the expiry date, it is suspended. You may renew a suspended Service within the retention period set out in clause 10.4; after that period the Service and all associated data are permanently deleted.
4.4We may change our prices at any time. Price changes apply to new orders immediately and to renewals of existing Services from the next renewal after we have notified you of the change by e-mail or through the control panel at least 30 days in advance.
4.5Payments are processed by third-party payment providers. We do not store your full payment card details. You are responsible for any fees charged by your bank or payment provider, including currency conversion fees.
4.6Chargebacks. If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may immediately suspend all your Services and terminate your account. Any amounts subject to a chargeback, together with the fees charged to us by the payment provider, become immediately due and must be settled before the Services are reinstated.
4.714-day money-back guarantee. Paid Services come with a 14-day satisfaction guarantee. The guarantee applies to your initial order of a Service and to the first order of each subsequent Service, for the first 14 days from the effective date of that Service. To cancel a qualifying Service and receive a refund, contact us through a support ticket within those 14 days. The guarantee does not apply to renewals, domain names, add-ons, one-time fees or third-party services resold by us, and does not apply where the Service has been suspended or terminated for a breach of these Terms.
4.8Except as provided in clause 4.7, clause 10.3 and mandatory law, fees are non-refundable. Unused portions of a prepaid period are not refunded upon cancellation by the Customer.
5. Acceptable use
5.1You may use the Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all content, data, applications and e-mail that you or your users store, publish, send or process through the Services (“Content”), and for ensuring that the Content and its use comply with the laws applicable to you and to us.
5.2You may not use the Services, or allow them to be used, to store, publish, transmit or link to Content or activities that:
- are illegal under the laws of the Czech Republic, the European Union or the country in which you operate, or that facilitate illegal activity;
- infringe copyright, trademarks, trade secrets, patents or other intellectual property or proprietary rights of any third party, including the distribution of pirated software, media or licence keys (“warez”);
- are defamatory, libelous, harassing, abusive, threatening, hateful or discriminate against people on the basis of race, ethnicity, religion, disability, gender or sexual orientation;
- are pornographic, sexually explicit or otherwise obscene, or exploit minors in any way;
- constitute phishing, fraud, identity theft, fake login pages, scams, pyramid schemes or deceptive practices of any kind;
- contain viruses, trojans, ransomware, worms, backdoors or any other malicious code, or are used to distribute, control or support malware, botnets or command-and-control infrastructure;
- involve unsolicited bulk e-mail (spam), mail bombing, mailing-list harvesting or sending e-mail from forged or unverified addresses, whether through our mail servers or through third-party services from your hosted application;
- involve cryptocurrency mining, proof-of-work computations or similar sustained computational workloads;
- operate open proxies, VPN endpoints, Tor relays or exit nodes, anonymisers, IRC bots, game servers or public file-sharing, torrent or download services;
- perform port scanning, vulnerability scanning, penetration testing, denial-of-service attacks, brute-force attempts or any other attack against our systems, other customers or third parties, unless expressly authorised by us in writing;
- attempt to gain unauthorised access to any account, server, network or data of MonsterASP, other customers or third parties, or to circumvent authentication, security or resource limits;
- offer for sale firearms, controlled substances, explosives, counterfeit goods, stolen articles, unregistered securities or any other goods whose sale would cause us to violate applicable law;
- misuse the Services to store files unrelated to a hosted website or application (for example as a general backup, archive or file-distribution service);
- are sanctioned or embargoed by the European Union or the United States, or are provided to persons or entities on applicable sanctions lists.
5.3You must not resell, sublicense or otherwise make the Services available to third parties as a hosting service of your own without our prior written consent. Hosting websites and applications that you operate for your own clients as part of your business is permitted, provided that you remain responsible to us for their compliance with these Terms.
5.4We reserve the right, but have no obligation, to review Content in response to a complaint, an abuse report, a legal request or a security alert. We may remove or disable access to Content, suspend the affected Service or terminate the account if we reasonably believe that it violates these Terms or applicable law, or exposes us, our infrastructure or other customers to legal, security or reputational risk. Where the circumstances allow, we will notify you and give you an opportunity to remedy the violation before taking action.
5.5We may cooperate with law enforcement authorities, courts and rights holders in investigating claims of illegal activity involving our customers or Services, and may disclose Content and account information where required by law or by a valid order.
5.6Abuse reports, copyright complaints and security incidents may be reported to support [at] monsterasp [dot] net.
6. Resources and fair use
6.1The Services are provided on shared infrastructure. Server resources (CPU, memory, disk I/O, network, database and mail server capacity) are shared among customers. Your use of the Services must not exceed the limits of your plan and must not exceed that of similarly situated customers (“Fair Use”), nor may it degrade the performance or availability of the Services for other customers.
6.2You agree not to use excessive amounts of CPU processing, memory, disk I/O or database resources on any of our servers, and to keep your applications, databases and mailboxes within the disk space, file count, bandwidth and other limits of your plan. A resource usage meter is provided in the control panel for your convenience.
6.3If your use exceeds the Fair Use threshold or the plan limits, we will notify you by e-mail. You will have 2 days from that notice to modify your use so that it no longer exceeds the threshold or to upgrade your plan. If you fail to do so, we may throttle the affected Service, suspend the Service or terminate the agreement.
6.4Where your use endangers our network, servers or our ability to provide the Services to other customers, we may take immediate action to mitigate the disruption without prior notice, including restarting or recycling your application, throttling resources or suspending the Service.
7. Availability, maintenance and backups
7.1We use reasonable efforts to keep the Services available around the clock, but we do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, updates and migrations that temporarily interrupt the Services; we will announce planned maintenance affecting paid Services in advance where reasonably possible. Emergency maintenance and security updates may be performed without prior notice.
7.2We are not responsible for unavailability caused by circumstances beyond our reasonable control, including failures of upstream providers, datacenters, networks, DNS or domain registries, denial-of-service attacks, actions of third parties, changes in law, or force majeure events.
7.3Backups. For paid Services we perform automated daily backups of website files, databases and mailboxes as a courtesy, and retain them for 21 days. Backups are provided as a convenience and not as a guarantee: we do not warrant that a backup will be available, complete or restorable for any given point in time. You remain solely responsible for maintaining your own independent, up-to-date backups of all your data and for verifying them. Free plans are not backed up.
7.4You acknowledge that no transfer or storage of data over the Internet is completely secure and that data loss can occur despite reasonable precautions. Except as provided in clause 11, we are not liable for any loss of or damage to your data, and you agree to hold us harmless from any such loss.
8. Personal data and customer data
8.1We process your account, contact and billing data as a data controller in accordance with our Privacy Policy.
8.2With respect to personal data that you or your users store or process through the Services, you are the data controller and we act as your data processor. By ordering or renewing a paid Service, or by continuing to use a paid Service after the effective date of these Terms, you accept our Data Processing Agreement pursuant to Article 28 GDPR, which forms part of these Terms and governs such processing. A copy of the current Data Processing Agreement is available on request at support [at] monsterasp [dot] net.
8.3You are responsible for the lawfulness of the processing of personal data through the Services, including for having a valid legal basis, informing data subjects and responding to their requests. You must not process special categories of personal data, or data subject to sector-specific security requirements (such as payment card data), through the Services without implementing appropriate additional safeguards at the application level.
8.4We access Content only to the extent necessary to provide, secure and support the Services, to respond to your support requests, or as required by law. We do not sell or disclose Content to third parties for marketing or any other commercial purpose.
8.5By default, Services are provided from datacenters located in the European Union. Where you choose a datacenter located outside the European Union (for example in the United States), your data is processed and stored in that location on your instruction, and you are responsible for ensuring that you may lawfully transfer the data there.
9. Support
9.1Support requests must be submitted through the support ticket system in the control panel. We use reasonable efforts to resolve issues related to the Services, but we do not guarantee a resolution of every request or a specific response time, and we do not provide support for the development, debugging or configuration of your own applications or for third-party software.
9.2Free plans are provided without support. We may answer questions relating to free plans at our discretion.
9.3You must treat our staff with courtesy. We may refuse to provide support to, and may terminate the account of, any Customer who is abusive, threatening or repeatedly submits unfounded requests.
10. Suspension, cancellation and termination
10.1Cancellation by you. You may cancel a Service at any time by submitting a cancellation request through a support ticket in the control panel, or by simply not renewing it. Cancellations are effective once our support team processes them (the “cancellation date”). It is your responsibility to export and back up your files, databases and e-mail before the cancellation date.
10.2Suspension and termination for cause. We may suspend any or all of your Services immediately, and may terminate the agreement, if: (a) you breach these Terms, in particular clauses 3.2, 5 or 6; (b) your account or Content poses a security, legal or operational risk to us, our infrastructure or other customers; (c) payment is not received by the due date or a payment is charged back; (d) we are required to do so by law, by a court or by a competent authority; or (e) the information you provided is false or you fail our fraud prevention controls. We will notify you of the suspension and, where the circumstances allow, give you an opportunity to remedy the cause. No refund is due for Services suspended or terminated for cause.
10.3Termination by us without cause. We may terminate the agreement or discontinue any Service for any reason with 30 days’ written notice sent to your registered e-mail address. In that case we will refund the pro-rata portion of any prepaid fees for the unused period after the effective date of termination.
10.4Effect of termination and data deletion. Upon expiry, cancellation or termination of a Service, the website, databases and mailboxes are disabled. The associated data is retained in a suspended state for up to 90 days, during which you may renew or reactivate the Service (unless it was terminated for cause), and is then permanently deleted from our production systems without further notice. Backup copies are deleted automatically upon expiry of the backup retention period. After deletion, data cannot be recovered. We are not responsible for, and you agree to hold us harmless from, any loss resulting from the deletion of data after termination.
10.5Free hosting accounts and their data may be deleted in accordance with clause 3.2 without the retention period described in clause 10.4.
11. Warranties, limitation of liability and indemnity
11.1The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, security and accuracy. We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure or error-free, or that any defects will be corrected.
11.2To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, business, goodwill, data or opportunity, or for the cost of procuring substitute services, arising out of or in connection with the Services or these Terms, however caused and under any theory of liability, even if we have been advised of the possibility of such damages.
11.3To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms, whether in contract, tort or otherwise, shall not exceed the total amount of fees actually paid by you to us for the affected Service during the 12 months immediately preceding the event giving rise to the claim. For free Services our liability is excluded to the maximum extent permitted by law.
11.4Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for damage caused intentionally or by gross negligence, for death or personal injury, or the mandatory rights of consumers.
11.5Indemnity. If a third party (including your own clients or users, a rights holder or a public authority) raises a claim against MonsterASP that results from your Content, from the websites, applications or e-mail you operate through the Services, or from your breach of these Terms or applicable law, you agree to compensate us for the reasonable and documented damages, fines and costs (including reasonable legal fees) that we incur as a result, to the extent the claim is attributable to you. We will notify you of such a claim without undue delay, will not settle it without consulting you, and will allow you to participate in its defence at your own cost. Your obligation under this clause is reduced to the extent that the claim was caused by our own breach of these Terms.
11.6We explicitly disclaim any obligation to screen our customers or their Content, and we are not responsible for Content published by customers through the Services. Customers are solely and legally liable for the Content and activities of their accounts.
12. Changes to these Terms
12.1We may amend these Terms, the Privacy Policy, the Data Processing Agreement and the plan descriptions from time to time, in particular to reflect changes in law, in the Services or in our business. We will notify you of material changes by e-mail to your registered address or through the control panel at least 30 days before they take effect, unless a shorter period is required by law or the change is required for security reasons.
12.2If you do not agree with a change, you may cancel the affected Services before the change takes effect; in that case we will refund the pro-rata portion of prepaid fees for the unused period. Your continued use of the Services after the effective date of a change constitutes acceptance of the amended Terms.
12.3The current version of these Terms is always published at www.monsterasp.net/Terms/.
13. Intellectual property
13.1You retain all rights to your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, back up and display your Content solely to the extent necessary to provide the Services to you.
13.2The MonsterASP.NET name, logo, website, control panel, documentation and all software and systems used to provide the Services are our property or the property of our licensors and are protected by intellectual property laws. Except for the right to use the Services in accordance with these Terms, no rights are granted to you.
14. Communication and notices
14.1The official channel for requests, cancellations and complaints is the support ticket system in the control panel. Notices from us are sent to the e-mail address registered in your account and are deemed delivered on the day they are sent. You must keep your e-mail address current and ensure that our messages are not blocked or filtered.
14.2You agree to receive service-related e-mails from us, including notices about expiry, renewal, maintenance, security and changes to these Terms. These messages are part of the Services and cannot be opted out of while your account is active.
15. Consumers
15.1If you are a consumer within the meaning of applicable law (a natural person acting outside their trade, business or profession), the following applies in addition to these Terms and prevails in case of conflict.
15.2You have the right to withdraw from a contract concluded at a distance within 14 days of its conclusion without giving any reason. By ordering a Service you request that we begin providing it immediately. If you withdraw after the Service has been activated, we may charge a proportionate amount for the period during which the Service was provided; however, under our 14-day money-back guarantee (clause 4.7) we will refund the full amount if you withdraw within 14 days of the initial order.
15.3Consumers residing in the Czech Republic or the European Union may use the out-of-court dispute resolution procedure offered by the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 796/44, 110 00 Prague 1, www.coi.cz. Before doing so, please contact us at support [at] monsterasp [dot] net so that we can try to resolve the matter directly.
16. Final provisions
16.1These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the Czech Republic have exclusive jurisdiction, without prejudice to mandatory provisions protecting consumers.
16.2Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control (force majeure), including natural disasters, war, terrorism, civil unrest, strikes, epidemics, government actions, failures of public networks or power supply, or failures of upstream providers. Payment obligations are not excused by force majeure.
16.3You may not assign or transfer your account or these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition or sale of assets.
16.4If any provision of these Terms is held invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.
16.5Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or of our right to enforce it later.
16.6These Terms, together with the documents incorporated by reference in clause 1.4, constitute the entire agreement between you and MonsterASP regarding the Services and supersede all prior agreements and communications.
16.7If you have any questions regarding these Terms, our Services or our Privacy Policy, please contact us.