MonoPush reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MonoPush shall not be able to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to indemnify and hold MonoPush, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree that MonoPush, in its sole discretion, may terminate your account(s) (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if MonoPush believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MonoPush may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MonoPush may immediately deactivate or deactivate your license or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MonoPush shall not be liable to you or any third-party for any termination of your access to the Service.
MonoPush uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run MonoPush. Although MonoPush owns the code, databases, and all rights to the MonoPush application, you retain all rights to your data.
You agree that,
You will not, nor will you permit any third party to:
a. license,
sublicense, resell, transfer, or assign to a third party your right to use the
MonoPush Project and its services, nor operate as a service bureau or otherwise use
the MonoPush application or site and its services on behalf of or for the benefit of a third
party;
b. modify, copy or create derivative works from the MonoPush and
its services or any of its Material other then Client Documents
c. attempt to access, decompile or reverse engineer the software and technology
through which MonoPush Project and provided tools. provides the MonuPush and its services,
or use the MonoPush and its services to create or modify a competitive
product or service;
d. except with MonoPush's prior express permission,
create Internet “links” to the monopush.com and its services or “frame” or
“mirror” the MonoPush and its services on any other server or wireless
or Internet-based device;
e. attempt to gain unauthorized access to the MonoPush project and
its services or any content or the networks or systems through which MonoPush.com.
provides the MonoPush and its services, including access
to the MonoPush and its services by any means other than the interface
provided by MonoPush.com. for use in accessing the MonoPush and
its services, or use any unauthorized means to modify or reroute the MonoPush project
or services (or attempt to do so);
f. use the MonoPush Project and its services
in any manner which could damage, disable, overburden, or impair the MonoPush project
and its services or interfere with any other party's use and enjoyment of the
MonoPush project and its services, or send or store material containing software
viruses, worms, Trojan horses or other harmful code;
g. use the MonoPush Project
and its services for an illegal purpose or in furtherance or encouragement of illegal
activities, or
h. to post, upload, transmit, submit or store Client Documents (or
to engage in behavior or otherwise use the MonoPush Project or services in a manner)
that is harassing, infringing, libelous, invasive of another's privacy, harmful,
threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious,
or that would give rise to civil liability, including without limitation to sending,
transmitting or using the MonoPush Site or services in any manner associated
with any unsolicited bulk messages or unsolicited commercial messages (“spam”).
You may not remove, deface or obscure any of our or our providers’, suppliers’ or
licensors’ copyright, trademark and other proprietary notices on, in or associated
with the MonoPush Project and its services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. MonoPush EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MonoPush MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
MonoPush OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MonoPush SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MonoPush HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU UNDERSTAND THAT THIS TERMS OF USE AGREEMENT OR THE PRIVACY POLICY MAY BE CHANGED AT ANY TIME WITH OR WITHOUT NOTICE.