Terms Of Service
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MegaVPS Hosting Services Agreement:
The Terms and Conditions set forth herein constitute the full and complete agreement between you and MegaVPS Hosting. All services provided by “MegaVPS Hosting” may be used for lawful purposes only. Transmission of data, storage or presentation of any information, data or material in violation of any federal, state, city or country law is prohibited. But this is not limited to the copyrighted material, or material protected by trade secret and other statute.
Web Hosting Services:
• For the term of the agreement as set forth herein MegaVPS Hosting agrees to provide Web Hosting Services as per the plan chosen by you at the time of activation of your account. MegaVPS Hosting reserves all the rights to change or alter the services provided with similar or otherwise equal service with or without prior notice to you.
• Scripts included on the site must be used to produce web based contents and it should not use the server as an application server. Also, the scripts should not try to manipulate the timeouts on server. Using the MegaVPS Hosting services to generate large amount of email is strictly not allowed.
• MegaVPS Hosting will Suspend/Terminate any service that fails to adhere the given criteria as soon as we are made aware.
• Site/Service should not contain illegal, immoral or copyright contents. If found it will be your responsibility as a customer to prove that you own the rights to publish such content, not for MegaVPS Hosting to prove that you do not.
• Site/Service should not contain pornographic, erotic or other lewd contents. The designation of such contents is left entirely to the discretion of MegaVPS Hosting
Payment Of Services (Fees):
Payment of Fees - MegaVPS Hosting accepts payment by Credit Card (Visa, MasterCard), PayPal and 2Checkout. Further, we will allow more forms of payment. The current list of available payment options will be displayed during the order process. If you have any questions regarding the current available payment options contact us at [email protected].
• Fees:
MegaVPS Hosting charges the following fees where applicable. Not all fees are applicable to all accounts.
1. Set-Up Fee: This fee is taken one time at the establishment of account or service, usually it may apply for Dedicated Servers.
2. Service Fee: This is fee for your webhosting service likely to be paid monthly, semi-annually or annually.
3. Domain Registration Fee: This fee is taken for registration of Domain name and its non refundable at any circumstance.
4. Add-on Service Related Fee: This fees is applicable for addon services (Additional IP, RAM, Disk Space, etc) which you purchase from MegaVPS Hosting
• MegaVPS Hosting reserves the right to alter, change or delete the fees at its sole decision.
• We strongly recommend that in order to avoid service interruption for service which you have which MegaVPS Hosting, you should pay fees before expiration of your service so that it reaches MegaVPS hosting in advanced of the renewal date.
Acceptable USE of Service:
MegaVPS Hosting Strictly enforce compliance with its Acceptable use policy which you can found on www.megavpshosting.com. You agree to maintain your website in full agreement with the terms of the Acceptable USE policy. Failure for same may cause for immediate suspension and termination of the service. MegaVPS Hosting reserves the rights to refuse for providing service to anyone at their sole decision.
Server Usage:
Any attempt to undermine or cause harm to a server or customer of MegaVPS Hosting is strictly prohibited. MegaVPS Hosting will strongly react to any use or attempted use of an hosting account or server without the owner's authorization. Such makes an attempt embrace "Internet scamming" password theft, security hole scanning, etc. MegaVPS Hosting has the rights to terminate service and deny access to anyone who violates the policies and terms without warning or prior notice. We do not provide refund if account has been terminated due to violation of Policies
Unacceptable uses also includes Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites, cracks, software serial numbers, proxy-relaying, link farming. If we found any account doing such activities, MegaVPS Hosting have all rights to terminate such account.
Bandwidth Usage:
MegaVPS Hosting provide a large amount of bandwidth to transfer web contents and not the OFFSITE storage for multimedia files. If anyone violates this condition, we will notify you and give 24 Hours to remove such contents. Failure for same will be result you being billed for over usage of bandwidth as per the respective plan.
Bulk Mail & Spamming:
Bulk mail and spamming are strictly prohibited and will likely in Cancellation/Termination of account. MegaVPS hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network.
The following activities are strictly prohibited: Spamming, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
99.99% Uptime Guarantee:
This 99.99% uptime guarantee applies to any Customer in good financial standing with MegaVPS hosting at the time of a service outage.
• SHARED HOSTING CREDITS:
In the event that YOUR website is unavailable for less than 99.99%, MegaVPS hosting will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
• Monthly Uptime Credit:
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee
• RESTRICTIONS:
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- Scheduled maintenance as posted from time to time at MegaVPS hosting which will be informed to you prior via ticket.
- Your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond MegaVPS hosting reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in MegaVPS hosting "Terms & Conditions and AUP" causing a machine to fail as a result.
Technical Support Limitations:
MegaVPS hosting provides technical support that encompasses within our area of expertise only. Which includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. Further, we also provide support for VPS/KVM/Dedicated servers in network and connectivity issues.
However, in under no circumstances is MegaVPS hosting neither obligated to help YOU in the installations of new application modules, Third party softwares, templates and/or programming languages, themes, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Cancelation of service:
MegaVPS hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by MegaVPS hosting if we institutes our right of cancelation.
All of MegaVPS hosting plans except dedicated server are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For credit card payment, refunds will be made to a PayPal account made available by the Customer.
Account cancelations must be done via our cancelation form at YOUR hosting account control panel or by submitting ticket to [email protected]. Phone or email requests will not constitute acceptance of any cancelation.
IP address:
MegaVPS hosting maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by MegaVPS hosting. MegaVPS hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DISCLAIMER
MEGAVPS HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MEGAVPS HOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MEGAVPS HOSTING 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 MEGAVPS HOSTING AND ITS EMPLOYEES. MEGAVPS HOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF MEGAVPS HOSTING MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.