Mega Hosters Inc. Terms of Use and Limitations

The Mega Hosters web site is one of the various web sites comprised and operated by Mega Hosters or its affiliates. This web site will be referred to in this agreement as "Mega Hosters." This Agreement applies to the Mega Hosters collection of web sites, including, but not limited to, Mega Hosters. You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Notices and Additional Terms specific to the product or service for which you are now signing up.

The Mega Hosters Network is offered to you conditioned on your acceptance without modification of these Terms of Use and Notices. Your use of the Mega Hosters Network constitutes your agreement to these Terms of Use and Notices. Your use of a particular Mega Hosters web site included within, or acceptance of a product, service or benefit obtained through the Mega Hosters Network, may also be subject to additional terms specified in this document, on the applicable Mega Hosters web site or in other accompanying documentation (as such terms may be modified by Mega Hosters from time to time as described below in the "Additional Terms").
 
If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular Mega Hosters web site, including, but not limited to Mega Hosters, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the Mega Hosters Network and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply.
 
MODIFICATION OF THESE TERMS OF USE AND NOTICES
Mega Hosters reserves the right to change the Terms of Use and Notices, and any Additional Terms at anytime, effective upon making the modified provisions available on the Mega Hosters Network. You are responsible for regularly reviewing these terms and conditions. Continued use of the Mega Hosters Network after any such changes shall constitute your consent to such changes. Mega Hosters does not and will not assume any obligation to notify you of any changes to the Terms of Use and Notices, or Additional Terms.

Click Here to read our UCE / SPAM Policy

ACCEPTABLE USE LIMITATION
Your right to use Mega Hosters is personal to you, the user. As a condition of your use of the Mega Hosters Network, you warrant to Mega Hosters that you will not use Mega Hosters products or services for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from Mega Hosters, except as expressly provided herein.

In addition, you may not use the products or services provided through or in connection with Mega Hosters to: defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes or chain letters; publish, post, distribute, disseminate or link to any: (i) inappropriate, defamatory, infringing or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) would cause Mega Hosters to violate any law, statute or regulation; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; restrict or inhibit any other user from using and enjoying its rights in Mega Hosters ; or violate any applicable governmental laws or regulations.

The information provided by Mega Hosters to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of Mega Hosters with any third party. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Mega Hosters via the Mega Hosters Network, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of Mega Hosters for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of Mega Hosters.

Mega Hosters is not obligated to monitor the content on Mega Hosters Network. However, with respect to the use of the products and services offered on Mega Hosters Network, Mega Hosters reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Mega Hosters web site, in Mega Hosters's sole discretion.

UNLIMITED DOMAINS ON YOUR ACCOUNT CLAUSE
While it is true you can host unlimited domains on your account with Mega Hosters Inc. You must adhere to the following guidelines:

1) The domains you host must be owned by you and only you the account holder.
2) The websites on the domains you host must be owned and operated by you the account holder.
3) You MAY NOT host other peoples websites for them, even if they are your friends, relatives, or co-workers.
4) You may not resell hosting from your personal account.
5) Your websites and domains can not place high loads on our servers, your account is shared with many others on the servers and we can not let one account effect the server performance for our other customers. If your account uses 25% or more of our server system resources for longer then 90 seconds at a time. Your account will be placed in suspended mode and you will be contacted to discuss the issue.

There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Failure to adhere to these terms could result in your account being suspended without notice. This is simply to protect the performance of our other customers websites.
 
ADULT CONTENT
Adult content is allowed by Mega Hosters. As long as it is legal and does not infringe on any US or Canadian laws. Absolutely NO child pornography, bestiality, or sexually violent websites.

FEES
Payments for shared hosting accounts receive 30 days terms and are due before an the first of the following month.

Invoices are sent out monthly to the email address we have on file for you, it is up to you to contact us to change this email address if the one we have on file is no longer valid. If you are unable to receive your invoice due to us having the wrong email address on file and your account is suspended we are not responsible. You need to keep your contact information up to date with us.

New accounts are not activated until payment for the first month is recieved.

Accounts that go over their 30 days terms will be suspended until the time payment is received.

Dedicated Server payments are due upon invoice receipt and must be paid within 5 days of receiving the invoice or your service will be suspended.

Amounts not paid by you to Mega Hosters when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If payments are not received within a timely mannor and or the customer has moved on to another host to avoid paying their outstanding invoices with Mega Hosters we will send your account to our Collections Agency for recovery.

ACCOUNT CANCELATIONS
If youwish to cancel your account with Mega Hosters please see this page on our site: Click Here
 
LINKS TO THIRD PARTY SITES
Links within Mega Hosters may let you leave the Mega Hosters web site and/or the Mega Hosters Network. You acknowledge that the linked sites are not under the control of Mega Hosters or Mega Hosters and that Mega Hosters or Mega Hosters are not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Mega Hosters or Mega Hosters are not responsible for webcasting or any other form of transmission received from any linked site. Mega Hosters is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mega Hosters of the linked site or any association with their operators.

FORBIDDEN SOFTWARE
You may not and will not run any gaming server or gaming related software that connects to another server not owned by Mega Hosters Inc. This includes gaming scripts written in Perl (.pl, .pm, cgi), PHP, Java, JavaScript or any other programming language. In short Gaming scripts are STRICTLY PROHIBITED. You may not and shall not run IRC servers, bots or services from any Mega Hosters server. You may not and shall not run Bit Torrents from any Mega Hosters server.

Dishonest or deceiving scripts are also not allowed on our server, scripts which take control of the views browsers or create continual popup windows are in violation of this TOS and will be suspended or the files will be removed by our admin's and a fee assessed for our admin's time to 'clean up'.

NOTE: If we find your script is causing problems on our server, or causing our servers to crash then you can be held 100% liable for all downtime costs, reimbursements, and service credits to all of our other clients.

SOFTWARE AVAILABLE ON THE MEGA HOSTERS NETWORK
Software (if any) that is made available to download from or otherwise through the Mega Hosters Network, excluding software that may be made available by third parties via Mega Hosters, ("Software") is the copyrighted work of Mega Hosters, Mega Hosters Network, and/or their suppliers. Your use of the Software is governed by these Terms of Use and Notices, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Use and Notices, and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, Mega Hosters hereby grants to you, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular v web site in accordance with the applicable Terms of Use and Notices, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Mega Hosters, Mega Hosters Network, and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.
 
LIABILITY DISCLAIMER
The information, software, products, services and other material included in or available through the Mega Hosters Network may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the Mega Hosters Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of the Mega Hosters Network, and products and services of Mega Hosters, is at your own risk. Mega Hosters, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the Mega Hosters Network, or such products or services. Mega Hosters makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Mega Hosters Network, or such products or services. Without limiting the foregoing, Mega Hosters, Mega Hosters NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN MEGA HOSTERS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MEGA HOSTERS, MEGA HOSTERS NETWORK, AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MEGA HOSTERS, MEGA HOSTERS NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MEGA HOSTERS OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE V OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Mega Hosters, OR OTHERWISE ARISING OUT OF THE USE OF MEGA HOSTERS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGA HOSTERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MEGA HOSTERS, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MEGA HOSTERS AND ITS RELATED SERVICES. Without limiting the foregoing, Mega Hosters is not responsible for any of your data residing on Mega Hosters and Mega Hosters hardware. You are responsible for backing-up your data and information that may reside on the Mega Hosters hardware, whether or not such information is produced through the use of Mega Hosters. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

You agree to defend, indemnify and hold Mega Hosters and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use and Notices (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Mega Hosters or your use of Mega Hosters.
 
SERVICE CONTACT
If you need to contact Mega Hosters, please Click Here.
 
TERMINATION
Mega Hosters may terminate this agreement and your access to Mega Hosters (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Mega Hosters to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using the Mega Hosters Network, or from receiving any products, services or benefits from Mega Hosters. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and amounts accruing to you (if any) in connection with the Mega Hosters Network.

COPYRIGHT AND TRADEMARK NOTICES
All content of Mega Hosters Inc. and the Mega Hosters Network is legally copy written material, this is including but not limited to: All website content, images, design, code, databases, and anything that resides on or within our corporate web servers is copy written material as dictated legally by INET Copyright Brokers LLC. (Our Copyright Lawyers) ©1999 - 2007 Mega Hosters Inc. and/or its suppliers. All rights reserved.
 
TRADEMARKS
Mega Hosters is either a trademark or registered trademark of Mega Hosters Incorporated (Inc.). The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved by Mega Hosters.

NOTE:
It is your duty to read, and agree to our Privacy Policy, Terms of Use, Spam Policy, SLA Agreement and Copyright Notice. Please check these documents periodically for changes and updates made by Mega Hosters.

Any serious violations of the policies listed above will be pursued through legal action.