MegaZoneHosting Service Contract Where the content states: "We" or "Us" or "Our" includes MegaZoneHosting or any party acting on MegaZoneHosting 's implicit instructions. "You" or "Your" or "Reseller" or "client" or "customer" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. MegaZoneHosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: https://www.megazonehosting.com/terms-of-service/. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. By using any portion of MegaZoneHosting 's service, you are agreeing to this service agreement on this document entirely.
This document is the contract between You and MegaZoneHosting.
Section 1 - Use of Services
1.1 MegaZoneHosting agrees to provide the services as set out and described on our website to you upon successful written acceptance of your order. The date of acceptance shall be referred to as Acceptance Date.
1.1a Should the services described on our website change after your Acceptance Date, MegaZoneHosting is not obligated to modify Your services to reflect the changes.
1.2 You will only have the right to use the services provided to You upon acceptance of your order and will have no ownership of the facilities, software and/or hardware utilised to provision Your purchased services.
1.3 MegaZoneHosting reserves the right to decline Your order and to refuse to provide services to You, either in part or as a whole.
1.4 It is your duty & responsibility to ensure any login details and credentials provided to you are kept safe and secure.
1.4a If You delegate access of Your account to a 3rd party, You agree to accept full responsibility and liability of the actions of the 3rd party through indirect or direct use of Our services and indemnify Us against any claims and liabilities.
1.5 Excessive resource usage is any executable code and/or process that consumes our resources in such a way that may, has the potential or is having an adverse effect to the degree that your usage compromises our ability to provision and sustain the services we provide.
1.6 Utilizing your MegaZoneHosting service to send out DDoS attacks is strictly prohibited.
1.7 MegaZoneHosting prohibits the use of Our services for the storage and transmission (including both inbound and outbound) of any Copyright media, applications and proprietary computer information for which You do not have the permission to distribute and use from the Copyright holder.
1.8 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
1.9 Services intended or that have the potential to Use Our services as a proxy is prohibited. Proxies/VPN are only allowed on our VPS and dedicated server plans.
1.10 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abuse and is grounds for immediate termination.
1.11 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a MegaZoneHosting servers.
1.12 IRC sessions - Using MegaZoneHosting Hosting servers to run an Internet Relay Chat [IRC] session is only allowed on our VPS or dedicated server plans.
1.13 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from an MegaZoneHosting service is grounds for immediate termination.
1.14 Distributed Computing Applications - distributed computing applications such as Folding@Home is prohibited on our network. In addition, traffic exchange scripts or automated iMacros web surfing tool are prohibited.
1.15 MegaZoneHosting backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups.
1.16 You agree that you take full responsibility and liability for any data that is uploaded to your account and any usage of your account.
1.17a You agree to indemnify MegaZoneHosting against all losses and liabilities incurred by MegaZoneHosting in the event you use your account in way that have an adverse effect on your customers and which results in a claim against Us.
1.18 You agree to use Your account in such a way that it does not violate any laws in the country You are in at the time of using the account.
1.18a You agree to use Your account in such a way that it does not violate any laws in the state of California, USA and US Federal laws
1.18b You agree to use Your account in such a way that it does not violate any laws in the United States.
1.18c You agree to take full responsibility and liability for the usage of Your account either by You or anybody else.
1.19 You agree not to use any aspect of your Shared or Reseller hosting account primarily for storage and/or backup purposes. If you wish to do this, please do so on a VPS or dedicated server.
1.19a It is prohibited to run bitcoin mining (or related/similar) software on any part of the MegaZoneHosting network
1.20 MegaZoneHosting prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
1.21 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.22 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.23 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.24 We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.25 MegaZoneHosting reserves the right to revoke or refuse an SSL certificate with or without prior notice
1.26 MegaZoneHosting reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available
1.27 MegaZoneHosting provides no warranties or guarantees on the nature and functionality of the certificates.
1.28 MegaZoneHosting does not provide technical support for SSL certficates apart from installing it for you.
1.29 SSL certificates issued free of charge because it was part of your package can be used on MegaZoneHosting servers only.
MegaZoneHosting guarantees that the HTTP service for Web Hosting and Reseller Hosting customers will be available 99.9% of the time. MegaZoneHosting also guarantees a 99.9% network uptime guarantee for Virtual Private Servers and Dedicated Servers.
- If we fail to maintain 99.9% uptime, then you are entitled to the following compensation which will be applied as account credit and has no cash value:
- For Web Hosting and Reseller Hosting customers the following crediting schedule applies:
99.5 - 99.89 = 70% service credit
99.0 - 99.49 = 80% service credit
98 - 99 = 90% service credit
97.99 - 95.00 = 100% service credit
- For Virtual Private Server and Dedicated Server customers, the following crediting schedule will be apply for the network uptime guarantee:
99.5 - 99.89 = 10% service credit
99.0 - 99.49 = 20% service credit
98 - 99 = 30% service credit
97.99 - 95.00 = 40% service credit
94.99% and below = You will be credited by calculating Your payment for the service in its daily equivalent and receive 90% credit of the daily equivalent for any additional day that results in network downtime after 95% downtime.
The maximum amount of credit that will be applied is 100% of the equivalent monthly payment for that service and excludes licenses, IP address and management services.
Network interruption as a result of a denial of service attack are excluded from the uptime guarantee
Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident.
MegaZoneHosting has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.
MegaZoneHosting reserves the right to refuse service to anyone. Customers may only use MegaZoneHosting server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MegaZoneHosting Hosting management.
Money Back Guarantee:
MegaZoneHosting provides a 48 hour money-back guarantee period to trial our services for yourself. This money back guarantee is valid for shared hosting, reseller hosting, and VPS hosting orders. Dedicated servers are excluded from this money back guarantee window due to the physical labor and hardware parts involved in building a dedicated server.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MegaZoneHosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MegaZoneHosting, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MegaZoneHosting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MegaZoneHosting SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM MegaZoneHosting SERVER.
MegaZoneHosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MegaZoneHosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MegaZoneHosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MegaZoneHosting AND ITS EMPLOYEES. MegaZoneHosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
MegaZoneHosting RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. MegaZoneHosting RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF MegaZoneHosting MUST ADHERE TO THE MENTIONED HERE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Material accessible to you through MegaZoneHosting services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use MegaZoneHosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the MegaZoneHosting network. If you use a domain name in connection with MegaZoneHosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.