end user license agreement (EULA)

LEARN MORE ABOUT OUR END USER LICENSE AGREEMENT (EULA) REQUIREMENTS

EXHIBIT 3 - EULA REQUIREMENTS

Last updated: June 2017

Reseller agrees to cause each End-User of the Mono Services to enter into an agreement pursuant to which such End User acknowledges and agrees to the following End User license agreement requirements (the “Requirements”): 


1. An acknowledgement and agreement from the End-User that the End-User is lawfully able to enter into a binding contractual commitment with Reseller and all information provided by the End-User is true, accurate and complete and will be maintained as such through the term of use of the Mono Services.


2. An acknowledgement and agreement from the End-User that the provision of the Mono Services, as white-labelled for Reseller, may be suspended and/or terminated in the event the End User does not comply with the Requirements.


3. An acknowledgement and agreement from the End-User that, as between the End User and the Reseller, the Mono Services and all intellectual property rights therein, including patent, copyright, and trademark rights, are the sole and exclusive property of Reseller and/or its technology partners.


4. An acknowledgement and agreement from the End-User:

a. To comply with all applicable laws, rules, and regulation in connection with its use of the Mono Services and the sites derived from such use, including without limitation all data, privacy, and bulk email laws of all applicable jurisdictions;

b. Not to reverse engineer, decompile, disassemble other otherwise attempt to derive the source code of any portion of the Mono Services or remove any trademarks, service marks, logos, license disclosures included within the Mono Services;

c. Not to copy, distribute, sell, resell, rent, license, sublicense, transfer, or assign any portion of the Mono Services, including without limitation all software, informational text, software documentation, design of and “look and feel” of the Mono Services and all templates from which the sites are developed utilizing the Mono Services, all photographs, graphics, audio, video, functionality, files, and documents sourced from the Mono Services;

d. Not to post or allow any Internet end user to post any content to the End User sites derived from use of the Mono Services that (i) contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines; (ii) is unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene (including without limitation pornography), profane, hateful, racially, ethnically, or otherwise objectionable, including, without limitation, any material that supports or otherwise encourages wrongful conduct or that would constitute a criminal offense; (iii) is spam, machine- or randomly-generated, and/or contains 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; and/or (iv) gives rise to civil liability, bring disrepute onto Reseller or its technology partners or otherwise violate any applicable state, national or international laws;

e. That it is responsible (and Reseller and its technology partners are not responsible) for all data collected, maintained, processed, stored, retained, deleted and curated in connection with the End User sites derived from use of the Mono Services, including risk of loss and compliance with all applicable laws in connection with the foregoing;

f. That if usage of the End-User sites derived from use of the Mono Services unduly strains or burdens the Mono Services or causes disproportionately large amounts of traffic, such End-User sites may be immediately suspended, altered and/or terminated;

g. That use of and access to an End-User account or any other part of the Mono Services may be limited or restricted if necessary as determined by Reseller and/or its technology partners in their sole discretion;

h.That it must maintain a valid and lawfully binding terms of service and privacy policy on each End User site derived from use of the Mono Services;

i. That Reseller and its technology partners shall be given all necessary licenses and rights to use materials provided by End User to perform the Mono Services as contemplated by the Agreement; 

j. That no bulk emails may be sent using the Mono Services, except in compliance with applicable Third Party Service agreements set forth at Section 5 below and all applicable law (see Exhibit 2, Section1).


5. An acknowledgement and agreement from the End-User to comply with all agreements required by providers of Third Party Services prior to the use of such applicable Third Party Service, including without limitation, the following:

a. Google Analytics – Web Analytics and Reporting 
For reporting in the platform, Mono uses Google Analytics. For more information refer to http://www.google.com/analytics/

b. Google Maps - Location Maps
Google Maps Terms of Service: https://developers.google.com/maps/iphone/terms
Google Privacy Protection Policy: http://www.google.com/policies/privacy/

c. TouchLocal & Open SRS - Domains 
Mono will register domains through the following providers. The end user terms apply as follows:
Touch Local: https://legal.web.com/
http://www.register.com/policy/dispute.rcmx
Acceptable Use https://www.register.com//policy/acceptable_use_policy.rcmx
https://assets.web.com/legal/PrivacyPolicy.pdf
Private Domain Registration: 
https://legal.web.com/#8
Open SRS: End User terms apply as in Appendix B on Page 32 of the Master Service Agreement.
https://www.opensrs.com/wp-content/uploads/Master_Services_Agreement.pdf

d. Open SRS - Emails
End User terms apply as in Appendix B on Page 32 of the Master Service Agreement.
https://www.opensrs.com/wp-content/uploads/Master_Services_Agreement.pdf

e. StockUnlimited - Stock Photo Service
For use of SU stock photos (the “SU Images”), Mono may make the SU service available via the editor if the Reseller so chooses. For more information, refer to http://contentlicence.mono.net.

f. Let's Encrypt - SSL Certificates
The Policy and Legal Repository for Let’s Encrypt SSL Certificates can be found here:
https://letsencrypt.org/repository/

g. SendGrid
Newsletter Emails
Terms of service: https://sendgrid.com/policies/tos/
Email Policy: https://sendgrid.com/policies/email/
Privacy Policy: https://sendgrid.com/policies/privacy/
Security: https://sendgrid.com/policies/security/


6. An acknowledgement and agreement from the End-User that there is no warranty with respect to the Mono Services and/or the End-User sites derived from the use thereof and all implied warranties are disclaimed in their entirety.


7. An acknowledgement and agreement from the End-User that Reseller and Reseller’s technology partners’ liability with respect to the provision of the Mono Services shall be limited to the fullest and most complete extent under applicable law.


8. An acknowledgement and agreement from the End-User that it is responsible for and will indemnify Reseller and its technology partners for any violation by End User or its Internet users of the Requirements.