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Use of Mega Support Service constitutes
agreement to our Terms Of Service
Mega Support provides web hosting to many clients, and it has a responsibility to
protect each client to provide the best services available. The following
guidelines were designed to ensure these obligations are met.
Content: All services provided by
Mega Support may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in violation
of any or United States Federal, State or City, or any International laws
is prohibited. This includes, but is not limited to: copy righted material,
material we judge to be threatening or obscene, or material protected by trade
secret and other statute. You, as a Mega Support Subscriber, are solely responsible for the content
stored on and served by your Mega Support account. It is the Subscriber's
sole responsibility to maintain local copies of their web server content or
any information on a server. Mega Support accepts no responsibilities,
expressed or implied, for any data or information on a Subscriber's account
or server. Examples of Non-Acceptable Content or Links
Pirated software
Hate Propaganda
Hackers programs or archives
Warez Sites
Child or Animal Pornography
Scumware/Adware/Stealthware
Spam is a direct
violation and will get the site deleted without notice or refund. Selling of
software and or bulk email addresses is not acceptable on our servers.
MP3 and other types of
sites designed for downloading of material by a mass user group. This
includes but is not limited to, Music, video, audio, Software or Freeware or
Shareware, Free Images and backgrounds, and anything else that makes it an
excessively high bandwidth site with the sole purpose to distribute freely
products for download.
All Subscribers:
We have found most of our
customers stay within "reasonable limits." However, to
maintain the integrity of our service, we must state the following
restrictions:
Restrictions apply
to all accounts:
-
Multiple hosts
resolving at an IP or domain name that we provide.
-
Sites with cgi's
running from their domain used on other domains.
-
Sites using more
than 20% of system resources.
-
Egg drop Scripts: Egg drop scripts/bots and IRC bots of any type are not
allowed, these are grounds for immediate account deletion.
-
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
-
Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting. Taking any action in order to obtain
services to which such User is not entitled.
-
Transmit or facilitate
distribution of Content that is harmful, abusive, racially or ethnically
offensive, vulgar, sexually explicit, defamatory, infringing or
publicity rights, or in a reasonable person's view, objectionable. Hate
speech is not tolerated
-
You will not attempt to
interfere with, hack into or decipher any transmissions to or from the
servers running the Service.
-
Any email that
is sent to more than 50 people at a time.
-
Mega Support will
be the sole arbiter as to what constitutes a violation of this
provision.
Commercial Advertising
- Email:
Spamming, or the
sending of unsolicited email, from a Mega Support account or using an
email address or domain that is maintained as a Mega Support account as
reference is STRICTLY prohibited. Any sites using spam or selling of spam
related software or bulk email content will be closed. Mega Support
has a zero tolerance approach to the sending of Unsolicited
Commercial Email or SPAM over our network. Very simply this means that
customers of Mega Support may not use or permit others to use our network to
transact Unsolicited
Commercial Email.
Law Enforcement Disclosure:
We prohibit the use of our service for illegal
activities. Therefore, Subscriber agrees that Mega Support can disclose any
and all account information to any law enforcement agent who makes a written
request without further consent or notification to the Subscriber. In
addition Mega Support shall have the right to terminate all service set
forth in this Agreement.
30 Day Money Back Guarantee/Refunds
Should you become unsatisfied with
our services within the first 30 days of your account activation, Mega
Support will refund your hosting fee. Domain registration, Transfer,
Site Submission, SSL Certificates and/or Templates fees are non-refundable.
Billing:
When you order an account from us, the 1st month's hosting fee will include
a $25.00 administrative setup fee one-time only and be
charged to your credit card or bank account on the same day. Hereafter
subsequent monthly, quarterly or semi-annual fee will be charged to your credit card or bank
account on your chosen billing cycle until the service is cancelled. For
most plans you can also pay annually to waive administrative setup fees.
Payments via
mail:
Unlike our
competitors, we are willing to provide a service without a credit card.
But we need your cooperation. You must pay for annual service. Once this is paid, your
renewal notice will be in 11 months. Payment is due
15 business days before expiration of your name and hosting account. One time only administrative fee of
$25.00
for setup is not waived for mail in orders.
Cancellations:
Upon cancellation of an account, no further charges will be made to your
credit card or bank account. If you are canceling prior to the end of
your billing term (i.e. in the middle of the month, or the year if you paid
for a year), there can be no refunds for that portion of the term you did
not use - except for annual payments you may have made, unless it's within
the first 30 days of your contract. Should you become unsatisfied with
our services within the first 30 days of your account activation, Mega
Support will refund your hosting fee.
If
Subscriber desires to cancel the account, please follow the proper procedure
to do this as outlined on
cancel request. Complete
account cancellation request form. We will contact
you for confirmation. All other forms of cancellation are invalid. We DO NOT refund partial monthly
fees to accounts canceling after their 30 day initial account activation
period.
Out
Of Date Records:
Subscriber is soley responsible for keeping billing information
current, good contact
information (E-mail, telephone, fax, and address used).. If a credit card payment fails, the customer will be sent an e-mail
to rectify the situation either with a new payment method or
updating billing information. The charge will be re-attempted periodically within
these 15 days with the last retry being on the 15th day. If the card still does
not accept our charge and no other payment has been received by the 15th day,
the account will be suspended without exception. The customer will have the
option of reactivating the account after paying the full amount of the invoice
due. Credit cards on file are non
usable when any of the following occur:
Failure to Pay:
Mega Support may temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all
accrued charges.
Server Abuse:
Any attempt to undermine or cause
harm to a server, or web site Offenders will be prosecuted to the fullest extent of the
law.
All complaints will be
investigated promptly.
Serious violations of terms
or conditions can be ground for immediate account deactivation without
refund.
CRON JOBs:
We may allow programs to run continually in the background. These are
considered on a case-by-case basis, however, and an extra charge may be
incurred based on system resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Refusal of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion.
Use of Bandwidth:
Mega Support's bandwidth policy is simple! You are allotted
more than enough bandwidth per month to do with as you please. You can use
this bandwidth for anything you want besides things not permitted as
outlined. If you go over your allotted
amount of bandwidth in a given month, your account will Not be suspended or
terminated but you will be expected to pay for the additional bandwidth. After
bandwidth allotment is reached the cost for overage is $.05 per Mb.
Limitation of liability:
Subscriber further acknowledges
that Mega Support's liability for its own negligence may not, in any event,
exceed an amount equivalent to charges payable by subscriber for services
during the period damages may have occurred. In no event shall Mega Support be liable for any special or consequential damages, loss or injury.
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the negligence
of the Company and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees that Mega
Support shall not be liable for any damages arising from such causes beyond the
direct and/or indirect control of Mega Support. Your use of
Mega Support's services
are at your sole risk. All Mega Support services
are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
It is Subscribers responsibility to backup, maintain, and store all data,
programs, content and information for web hosting account. Some
jurisdictions do not allow the exclusion of implied warranties, so this
exclusion may not apply to you in full. Mega Support makes no
guarantee of availability of service and reserves the right to change,
withdraw, suspend, or discontinue any functionality or feature of the
Mega Support service. Mega Support is not responsible for any damages your business may suffer.
Mega Support does not make implied or written warranties for any of our
services. Mega Support denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Mega
Support. Subscriber indemnifies Mega Support for any violation of this Policy
that results in loss to Mega Support or the
bringing of any claim against Mega Support by any third-party. This means
that if Mega Support is sued because of a Subscriber's or a customer of a Subscriber's activity, the
Subscriber will pay any damages awarded against
Mega Support, plus all costs, including collections fees and attorney's
fees. If you violate our Terms of
Service, we may issue you a warning about the violation, or we may choose to
immediately terminate any and all accounts that you have established. Violators of
Mega Support Web Hosting Terms of Service are not eligible for a refund.
MISCELLANEOUS
We reserve the right to change these Terms of
Service at any time at our discretion. Your continued use of this
service after the posting of any amended Terms of Service shall constitute
your agreement to be bound by any such changes. If you violate our Terms of
Service, we may issue you a warning about the violation, or we may choose to
immediately terminate any and all accounts that you have established. You
acknowledge that Mega Support is not required to provide you notice before
terminating your Account, but we may choose to do so. Violators of
Mega Support Web Hosting Terms of Service are not eligible for a refund.
If you discover that the site or its
contents contains any errors, please
contact us
so these can be corrected.
This Agreement shall be construed in all respects in accordance with the
laws of the state of New York.
If you do not agree to these Terms,
then please don't submit an order!
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