1. Domain Name Registration
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.
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.
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.
We shall not release any domain to another provider unless full payment for that
domain has been received by us.
2. Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall have
no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance cover in respect of any loss or
damage to data stored on the Server.
You represent, undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular, you represent, warrant
and undertake to us that.
you will not use the Server in any manner which infringes any law or regulation
or which infringes the rights of any third party, nor will you authorise or
permit any other person to do so.
you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any
way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark, design right, copyright or
any other intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
you will not send bulk email whether opt-in or otherwise from our network. Nor
will you promote a site hosted on our network using bulk email.
you will not employ programs which consume excessive system resources, including
but not limited to processor cycles and memory.
We reserve the right to remove any material which we deem inappropriate from
your web site without notice. We do not host Warez, Adult or illegal MP3
content.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorised use of your account or breach of security,
including loss, theft or unauthorised disclosure of your password or other
security information.
You shall observe the procedures which we may from time to time prescribe and
shall make no use of the Server which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure manner.
In the case of an individual User, you warrant that you are at least 18 years of
age and if the User is a company, you warrant that the Services will not be used
by anyone under the age of 18 years.
Any access to other networks connected to Megahosting must comply with the rules
appropriate for those other networks.
While we will use every reasonable endeavor to ensure the integrity and security
of the Server, we do not guarantee that the Server will be free from
unauthorised users or hackers and we shall be under no liability for non-receipt
or misrouting of email or for any other failure of email.
3. Service Availability
We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason,
generally without notice, but if such suspension lasts or is to last for more
than 7 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one log-in session
under any one account may be used at any time by you. If you have multiple
accounts, you are limited to one login session per system account at any time;
user programs may be run only during log-in sessions. If your account is found
to have been transferred to another party, or shows other activity in breach of
this subclause, we shall have the right to cancel the account and terminate the
Services and/or this Agreement immediately.
4. Payment
All charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web site and
shall be due and payable in advance of our service provision. We reserve the
right to change pricing at any time although all pricing is guaranteed for the
period of pre payment.
Payment is due each anniversary month, quarter or year
following the date the Services were established until closure notice is given.
If you choose to pay by credit or debit card you authorise Megahosting to debit
your account renewal fees from your card.
All payments must be in US Dollars.
Without prejudice to our other rights and remedies under this Agreement, if any
sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to suspend the
Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1,
5.2 and 5.3.
5.5 We reserve the right to suspend the Services and/or terminate this Agreement at
any time. In the event of this You will be entitled pro rata refund based upon
the remaining period of membership.
5.6 You may cancel the Services at any time.
5.7 During the first 30 days of Services, You are entitled to a complete refund of
all fees paid with the exclusion of domain name registration, dedicated server
and data transfer fees should You decide to cancel the Services. You will not be
entitled to a refund on this basis if you have previously had an account with Megahosting.
5.8 Where payment has been made by credit or debit card, any refund will only be
issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located on
it.
6. Indemnity
You shall indemnify us and keep us indemnified and hold us harmless from and
against any breach by you of these terms of business and any claim brought
against us by a third party resulting from the provision of Services by us to
you and your use of the Services and the Server including, without limitation,
all claims, actions, proceedings, losses, liabilities, damages, costs, expenses
(including reasonable legal costs and expenses), howsoever suffered or incurred
by us in consequences of your breach or non-observance of this Agreement.
7. Limitation Of Liability
7.1 All conditions, terms, representations and warranties relating to the Services
supplied under this Agreement, whether imposed by statute or operation of law or
otherwise, that are not expressly stated in these terms and conditions
including, without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded, subject always to
subclause 7.2.
7.2 Nothing in these terms and conditions shall exclude our liability for death or
personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence
or otherwise arising out of or in connection with the provision of the Services
shall be limited to the charges paid by you in respect of the Services which are
the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim
within one year of it arising.
7.5 In no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or consequential or
economic loss whatsoever.
8. Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to be received on
the day it was sent or if sent by fax shall be deemed to be served on receipt of
an error free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.
9. Law
This Agreement shall be governed by and construed in accordance with California
law and you hereby submit to the non-exclusive jurisdiction of the California
courts.
10. Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
11. Entire Agreement
These terms and conditions together with any documents expressly referred to in
them, contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings or
proposals, written or oral: between us in relation to such matters. No oral
explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall have no remedy
in respect of any misrepresentation which has not been made expressly in this
Agreement.
