All services of Moniker (“Service Provider” or “We”) are provided on the basis of this policy. This policy is in effect pursuant to the terms of the Registration Agreement and/or Service Agreements between Service Provider and its customers. This policy is effective in its current form as of its first publication on the website of the Service Provider and may be updated or amended by Service Provider from time to time by providing reasonable notice on its website or in its newsletters. This policy has been prepared to assist the reporting process and inform customers about the prohibited use of our services.
This policy applies to all services provided by Service Provider, including domain name registration and management services, DNS services, hosting services, email services, certificate services, routing services, and other services (“the Services” or “a Service”).
Service Provider recognizes the rights of their customers, and will generally not impose any restriction in relation to how the Services are being used. The customer is obliged to comply with the published policies that relate to their particular service. The service Provider uses all reasonable means to ensure that the customer complies with published policies of the applicable regulatory authorities such as ICANN's published policies. Customers are also required to agree to our Terms of Service when they apply for a Service.
The Service Provider is committed to contributing to the maintenance of a safe, secure online environment and to limiting the potential for significant harm to internet users. A key component of this commitment is to investigate and respond appropriately to all substantiated reports of malicious, illegal or fraudulent use of its services. Abuse in the context of this Policy shall be defined as an action that causes or is likely to cause actual and substantial harm to third parties, is a material predicate of such harm, or is illegal, illegitimate, or otherwise contrary to this Policy.
All customers of Service Provider and its resellers agree to abide by the terms of this policy by agreeing to the terms and conditions of the Service Provider, of which this policy is an integral part. Customers using the Services to provide services to third parties are required to bind said parties to the terms of this Policy.
The intended purpose of this policy is to ensure that third parties understand what constitutes Abuse, as well as to provide information on how to submit such reports to the Service Provider.
The Services may not be used in contravention of applicable laws or regulations, good morals or this policy. The Policy is intended to enable the Service Provider to investigate and to take swift action in case of abusive or otherwise prohibited use and to deter Customers from engaging in illegal or fraudulent use of the Services. The Service Provider may enforce this policy against its customers by disabling customer access to the Service or suspending the Service as needed to enforce this policy.
The Service Provider expressly reserves the right to deny, cancel, suspend, disable, lock or transfer any Service where it deems necessary and at its sole discretion: (a) to protect the integrity, security and stability of the Internet and/or DNS, (b) to protect against cyber-security threats, (c) to comply with any applicable laws, government rules or requirements, requests of law enforcement; (d) in the event a Service is used in violation of this policy and any other applicable policies by regulatory authorities and; (e) in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Service Provider and its affiliates, licensors subsidiaries, officers, directors and employees. Such actions may include requesting the removal of the offending content by the Customer or the deactivation of the hosted resource or the partial or complete suspension or termination of the affected service. We further reserve the right to terminate all agreements with customers that repeatedly violate this policy. We further reserve the right to act directly and immediately in cases of obvious and significant malicious conduct and without prior notice where necessary to prevent harm.
Service Provider may identify Anti Abuse Policy violations by any means, including without limitation, a private complaint, public alert, government or enforcement agency outreach, third party notification, and ongoing monitoring by Service Provider or its partners. At its discretion, the Service Provider or its designee, through an automated system or otherwise, may view any website made available through a domain name, for the purpose of identifying violations of this policy.
The Service Provider will implement all valid court orders or seizure warrants from courts, arbitration tribunals, or law enforcement agencies of applicable jurisdictions, provided the court orders and seizure warrants are enforceable at the domicile of the Service Provider.
Provided below is a summary definition of what constitutes abuse and prohibited use. The list is non-exhaustive and may be amended at any time by publishing a new version of this policy.