Monkaze

ACCEPTABLE USE POLICY

Version: 1.5.

We are Monkaze Ltd, a company incorporated and existing under the laws of The United Kingdom, ID No.: 13648677, with its registered office at 20-22 Wenlock Road, London, England, N1 7GU (“Monkaze” or “we”).

We specialise in monetisation of internet promotional space provided by publishers registered on our website to advertisers who have elected such advertising space (the “Services”) through our platform at https://portal.monkaze.com (the “Platform”). By providing the Services we enable advertisers to buy advertising space from publishers so they can advertise their products and services more efficiently.

By agreeing to the Agreement on Provision of Monkaze/Publisher Services you acknowledge and agree that by accessing or using the Platform or Services you indicate that you have read, understand, and affirmatively agree to be bound by this Acceptable Use Policy (the “Policy”). If you do not agree to abide by the terms of this Policy, you are not authorised to access or use the Platform and Services.

  1. INITIAL PROVISIONS
  1. We reserve the right, at our sole discretion, to modify this Policy at any time, with or without written notice. You should check this Policy regularly for changes. By continuing to use the Platform or Services after we have posted any changes to this Policy, you agree to accept those changes, whether or not you have actually reviewed them. If you at any time no longer agree to abide by this Policy, do not use the Platform or Services. The most recent version of this Policy supersedes all previous versions.
  1. USER GENERATED CONTENT
  1. You assume sole responsibility and agree not to hold Monkaze liable for any content you upload, download, display, contribute or otherwise transmit to or from the Platform, in whole or in part (the “User Generated Content”), as well as for your use of the Platform in general.
  2. You represent and warrant that all your User Generated Content shall:
  1. not infringe upon our or any third party’s intellectual property or other rights, including in particular any copyright, trademark, patent, trade secret or any other intellectual property, personal, proprietary or contractual right;
  2. be free of deceptive, fraudulent, misleading, or illegal advertisement, claims, representations or warranties;
  3. be free of viruses, bots, worms, malware, scripting exploits, or other similar harmful material;
  4. not be intended as inflammatory or contain defamatory, abusive, harassing, threatening, or obscene or pornographic language or materials, in particular child pornography;
  5. not violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from the Platform;
  6. not constitute “spam” or any other communication unrelated to the purposes of the Platform;
  7. with respect to health-related claims:
  1. be adequately supported by clinical or other reliable scientific evidence,
  2. not be melodramatic, or tend to frighten, or be fear or anxiety inducing (regardless of the validity of such claims)
  3. where appropriate, include a clear and legible disclosure, in particular in advertisements, that pregnant or lactating women should consult their physician before consuming dietary supplements;
  4. not present dietary supplements as substitutes for medical care or non-prescription drugs. The advertised health claim must be consistent in meaning with the FDA allowed "structure/function" claim(s) which appear on the product label. Consistent with FDA requirements, the following disclosure is required to appear in dietary supplement advertising: "This statement has not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease."
  5. comply with the regulations of the Dietary Supplement Health and Education Act of 1994

You must provide all necessary disclosures describing how other factors may contribute to the relevant health condition.

  1. with respect to weight reduction, include the information that weight reduction is a highly individual matter subject to many variables of physiology, health, age, activity, emotional well-being and environment. Weight loss that is achievable or appropriate for one overweight person may therefore not necessarily be applicable to others. The following guidelines apply:
  1. The time span of weight loss must be clearly indicated.
  2. The rate of weight loss claimed must not exceed what medical and nutritional authorities agree to be safe and effective.
  3. There must be no implication that the product alone can ensure weight reduction without any regard being paid to the overall diet quality, restriction of caloric intake and exercise.
  4. Because weight loss is highly individual, you ought to point out that results may vary from person to person.
  1. not include software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
  1. We reserve the right to monitor the use of the Platform in order to ensure and enforce compliance with this Policy and we may, but are not obliged to, at our sole and absolute discretion, remove any User Generated Content.
  1. PROHIBITED CONDUCT
  1. You may not use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
  2. If you use a third-party network, server computer database, or website that you access by or through the services, you must refrain from violating your contractual obligations towards such third parties, as well as from violating such third parties’ policies and other regulations applicable to such use.
  3. You are prohibited from collecting, or attempting to collect, personal information about any third parties without their knowledge or consent, as applicable.
  4. You shall not offer or disseminate fraudulent goods, services, schemes, or promotions, including, but not limited to, pyramid schemes or other models intended to seek payments from the public, illicit use of payment card numbers, promotion of unlawful distribution of controlled substances, etc.
  5. You are prohibited from reselling or offering the resale of the Services without our prior express written consent.
  6. To protect the use of the Services by our customers, you must refrain from using any means to circumvent Platform use limitation (e.g. timing out).
  1. NATIVE ADVERTISING
  1. Native advertisements must include easily identifiable disclosures to alert consumers that they are reading paid content; such disclosures must contain the following:
  1. The term "ADVERTISEMENT" appearing at the top centre in a clear and conspicuous manner unblocked by pop-up notices.
  2. The phrase "THIS IS AN ADVERTISEMENT AND NOT AN ACTUAL NEWS ARTICLE, BLOG, OR CONSUMER PROTECTION UPDATE." appearing in the footer in a clear and conspicuous manner unblocked by pop-up notices.
  3. The information that a payment is received for displaying the advertisement.
  1. You must refrain from including the following in Native advertisements:
  1. Any reference to or an impression of a news reporter, article writer, news format, news imagery, news URL or a description of first-hand consumer experience using a product or service that is not verified as authentic;
  2. Any references to or an impression of health or consumer product writers, reporters or newscasters;
  3. Any headings or other mentions of words such as "news," "channel", "times", "reporter", "byline", "Editor", "Editor’s Note", or "Special Report."
  4. Any first-person account of product or service use which has in fact not taken place.
  5. Any comments from the public that are static or give off the impression to have come from a social media network or to have been made recently, when in fact they have not. The content of the comments must be accurate and authentic and the comments must be updated dynamically via javascript.
  1. ELECTRONIC COMMUNICATION
  1. The following rules shall apply for sending e-mails through the Platform or in connection with the use thereof:
  1. You must know the source of your email list and, prior to sending an e-mail, obtain the recipient’s consent to receiving e-mails from a third party.
  2. You must use a sending domain which corresponds to the real sender of the e-mail and can be verified on whoislookup; you may not use any domain privacy protection.
  3. E-mails shall not contain falsified header information, date or time stamp, false registrations of domain accounts, email accounts or IP addresses used in connection with e-mail advertisements, or retransmissions of an e-mail advertisements for the purpose of concealing its origin.
  4. Each e-mail shall include the physical address (registered office) of the sender as well as other information required by applicable law.
  1. Each e-mail must include an unsubscribe mechanism. With respect to unsubscribing, the following rules apply:
  1. The unsubscribe link must remain functional for at least thirty (30) days of the date of the original e-mail transmission.
  2. All unsubscribe requests must be satisfied within ten (10) business days of their receipt, unless the applicable law provides for a shorter period.
  3. You may not sell or transfer an e-mail address once its owner has opted out of receiving future communications.
  4. You are obliged to keep record of suppression lists. Prior to any mailing campaign, you are obliged to download the most recent suppression file(s) for any particular campaign, and in that campaign you are obliged to suppress all e-mail addresses within your database that are included in a suppression list.
  1. In terms of SMS, MMS or other mobile marketing, you must comply with the following:
  1. You must duly obtain mobile telephone numbers for your mobile marketing campaigns. Contacting randomly generated mobile telephone numbers or "scraping" websites or other online services is prohibited.
  2. Before sending any SMS, MMS or similar messages you must obtain from the recipients an opt-in approval. Should the opt-in be made through a non-mobile device, you must verify that the recipient is in possession of the mobile device to which the opt-in applies. You may not use any purchased, sold or rented opt-in lists. You must obtain all opt-ins directly from the recipients.
  3. All messages must identify the sender of the message in a clear and non-misleading manner.
  4. All mobile marketing advertisements must be labelled as advertisements through the use of terms such as "Advertisement," ADV", or "AD" in a clear and conspicuous manner.
  5. All messages must include a mechanism to opt out of receiving such messages by means of sending a reply containing the word “STOP” – recipients must be informed of this opt out mechanism in a clear and conspicuous manner.
  1. If you place any Marketing Content on social media networks, you must strictly comply with all applicable social media policies, rules and guidelines.
  1. SEARCHES
  1. You may not bid on any search terms that include the words specified in Attachment A hereto or any variations thereof for use in search engines such as Google, Yahoo!, Microsoft, Ask, or AOL. Furthermore, you may not bid on any trademarks owned by Monkaze or any publisher of Monkaze or any keyword string or variation of such trademarks.
  2. You must refrain from engaging in search arbitrage or paid search listings that feature a URL with the words identified in the Marketing Content as prohibited, if any. You may not frame our or your own website and may not link directly to such a framed site from a paid search listing. The provision of this paragraph applies to all search terms, regardless of whether they are protected (branded, trademarked or otherwise) or general keywords.
  3. You must refrain from using your or our trademarks, trade names or service marks in meta tags, in hidden text or source code, in domain names or any other part of the URL. Such practice is strictly forbidden.
  1. SECURITY
  1. You assume full responsibility for maintaining reasonable security precautions as regards your account. You must adopt all necessary technical and organisational measures to prevent unauthorised access to your accounts, including any account passwords. You are responsible for protecting and updating any account provided to you for the purpose of using the Services. We offer no warranty, express or implied, for the security and operability of third-party software or scripts installed or run by you on the Services.
  2. The following actions (or inaction, if applicable) will be considered a security threat to Monkaze and/or its customers, publishers, etc.:
  1. Creating a false identity or a forged email, telephone, or facsimile address or header. Incorporating a false subject line, return address or transmission path, or making any other attempt to misrepresent yourself or to mislead others as to the identity of the sender or the origin of the message.
  2. Engaging in hacking, cracking, mail bombing, phishing, crypto mining, port scanning, denial of service (DoS), monitoring of data or traffic on any network, or other malicious or destructive activities, whether lawful or unlawful, that we determine to be harmful to our customers, operations, reputation, goodwill, or customer relations;
  3. Facilitating a violation of this Policy by advertising, transmitting, or otherwise making available any software, program, product, or service that may be used to violate this Policy, including but not limited to the facilitation of a means to spamming, flooding, mail bombing, and causing denial of service (Dos) attacks, etc.
  4. Gaining or attempting to gain unauthorised and/or illegal access to other computers or networks, including attempting to penetrate the security measures of another system and any activity that might be used as a precursor to an attempted system penetration (e.g. port scan, stealth scan, vulnerability scan, reconnaissance, or other information gathering activity).
  5. Engaging in any other activities that compromise the usability and performance of the Services.
  1. ENFORCEMENT OF THE POLICY
  1. We reserve the right to be the sole arbiter in determining the seriousness of each violation of this Policy and to immediately take corrective actions, including, but not limited to:
  1. Suspending or terminating the provision of Services with or without notice upon any violation of this Policy. Any violation may also result in the immediate suspension or termination of your account.
  2. Disabling or removing any content which is prohibited by this Policy, including the adoption of measures to prevent any harm that might otherwise be incurred by Monkaze or any other party, all the above at our sole discretion.
  3. Reporting violations to law enforcement authorities at our sole discretion.
  1. A failure to respond to an e-mail from our abuse team within 2 calendar days, or within another period specified in our communication to you, as the case may be, may result in the suspension or termination of your account.
  2. Unless we determine otherwise, suspended and terminated User accounts due to violations will not be reactivated.
  3. Nothing laid down in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and ceasing to provide the Services to such offenders, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
  4. If you have encountered a violation or a potential violation of this Policy, please contact us immediately. We will investigate the situation and provide our full assistance to you. Any information about a violation of this Policy should be emailed to info@monkaze.com.

If you have any queries regarding this Policy, please do not hesitate to contact us at info@monkaze.com