TERMS OF SERVICE

We would love for everybody to use our sitebuilder MONO. And we want to offer that service free of charge. MONO FREE is free because of the advertising revenues that we get from the ads placed on the MONO sites and the ads included in the web tool and our newsletters. Therefore MONO FREE entails ads.

If you have a free MONO site and your account has not been active for 3 months we will send you an e-mail to ask you to confirm your MONO site is still active. If you do not re-activate your MONO site we reserve the right to close your account without further notice.

NOTE that different terms apply to the subscription version of MONO. You have to accept these terms when upgrading from a free version.

Our service is designed to give you as much control and ownership over what goes on your MONO site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from other websites/blogs (things like spam, viruses, hate content, etc). Please make sure you read through the list and the rest of the terms and agree with them before you get started.

The mono.net website ("Website") is a hosted service operated by MONO ("MONO"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to MONO's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.

1. Your MONO Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and your site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your MONO site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MONO may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MONO liability. You must immediately notify MONO of any unauthorized uses of your site, your account or any other breaches of security. MONO will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. MONO may from time to time set storage limits for your site, or take any other measures MONO considers appropriate to manage the Website. MONO will advise you of any such change, and may do so in any reasonable manner, via the MONO newsletters and updates accessible at mono.net. If you exceed the storage limits, MONO may require you to reduce the storage you are using or pay additional fees. MONO may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, MONO may post blog entries about its policy changes. If you have a free MONO site and your account has not been active for 3 months we will send you an e-mail to ask you to confirm your site is still active. If you do not re-activate your MONO site we reserve the right to close your account without further notice.

2. Responsibility of Contributors. If you operate a MONO site, post material to the Website, post links on the Website to material on, or otherwise make material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MONO or otherwise.

By submitting Content to MONO for inclusion on your MONO site, you grant MONO a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your MONO site. If you delete Content, MONO will use reasonable efforts to remove it from the site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, MONO has the right (though not the obligation) to, in MONO's sole discretion (i) refuse or remove any content that, in MONO's reasonable opinion, violates any MONO policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MONO's sole discretion. MONO will have no obligation to provide a refund of any amounts previously paid.

3. Responsibility of Website Visitors. MONO has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, MONO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MONO disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mono.netlinks, and that link to mono.net. MONO does not have any control over those non-MONO websites and webpages, and is not responsible for their contents or their use. By linking to a non-MONO website or webpage, MONO does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MONO disclaims any responsibility for any harm resulting from your use of non-MONO websites and webpages.

5. Copyright Infringement and DMCA Policy. As MONO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mono.net violates your copyright, you are encouraged to notify MONO in accordance with MONO's Digital Millennium Copyright Act ("DMCA") Policy. MONO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MONO or others, MONO may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MONO will have no obligation to provide a refund of any amounts previously paid to MONO.

6. Trademarks. MONO, mono.net, the MONO logos, and all other trademarks, service marks, graphics and logos used in connection with MONO, or the Website are trademarks or registered trademarks of MONO or MONO's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MONO or third-party trademarks.

7. Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of MONO and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

8. Limitation of warranties of MONO, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and MONO, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that MONO, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. If you're actually reading this, here's a treat. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

9. Limitation of liability of MONO, its suppliers and its licensors. Except as otherwise expressly stated, in no event will MONO, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if MONO, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against MONO, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to MONO during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.

10. General Representation and Warranty. You represent and warrant that your use of the Website will be in accordance with the MONO Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

11. Indemnification. You agree to defend, indemnify and hold harmless MONO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

12. Miscellaneous. These Terms and Conditions constitute the entire agreement between MONO and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MONO, or by the posting by MONO of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws Denmark, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be Denmark. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; MONO may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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