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Terms and
Conditions
In this Contract, the party
who is to receive services will be referred to as "Customer," and
the party who will be providing the services will be referred to as
"Megrihopst VPS Server Services Center" This agreement is between Megrihost VPS Server ("Megrihost VPS
Server") and the Customer ("customer") to provide web site
hosting and/or VPS hosting ("Hosting") on Megrihost VPS Server, network
of shared and dedicated servers.
Megrihost VPS Server, reserves
the right to change pricing with in thirty (30) days notice.
Megrihost VPS Server, will
provide the system administration necessary to provide
World Wide Web access to the Internet community.
Customer understands and
agrees that Megrihost VPS Server, will make every effort to keep our
network of servers running continuously. However, our servers will,
from time-to-time, be disconnected due to routine maintenance,
upgrades and other required events. Megrihost VPS Server, will make its
best effort to keep all information on our servers backed-up.
However, we recommend that Customer maintain a separate back-up of
any of Customer's information posted to our servers. Megrihost VPS Server,
is not responsible for lost material or information.
Megrihost VPS Server, will also
make its best effort to maintain security on our network of servers.
However, Customer understands that the nature of the Web and the
Internet is not secure by default.
Customer assumes
responsibility for the appropriate use of hypertext based security
within the Customer's scripts and directories.
Megrihost VPS Server, shall not
be liable for any loss of business, lost profits, lost data, failure
of security or any or all indirect or consequential damages whether
or not such damages are foreseeable. In addition, Customer assumes
full responsibility for all content posted to Megrihost VPS Server,
servers on Customer's behalf, including any trademark, copyright,
patent or other intellectual property submitted to Megrihost VPS Server,
for either creative services and/or straight posting to our servers.
Megrihost Server, reserves the right to remove any material which, in
its sole opinion, may result in a violation of intellectual property
rights of others or any other applicable Federal, State, Common,
International laws or regulations.
MEgrihost Server, and
Customer may cancel this agreement at any time with written notice.
In the event that this contract is cancelled by Megrihost Server,
for reasons other than the violation of these restrictions by
Customer, Customer will be granted a pro-rated refund of any unused
portion of the hosting fees for the billing period. Unused portions
are deemed to be those which have been prepaid and which have not
been used, in whole or in part, during the month in which the
cancellation is physically received by Megrihost VPS Server, Megrihost Server Specific
cancellation and refund restrictions may apply for specific hosting
plans and for design work. Domain registration fees are
non-refundable. In the event that this contract is cancelled by the
customer, the customer agrees that there is no pro-rated refund due.
Customer acknowledges that these terms and conditions are subject to
change without notice.
Customer's continued use of
Megrihost VPS Server, services constitutes customer acceptance of these
and any and all modified terms.
Customer agrees that
complementary trials are limited one per person. If Customer's trial
runs out, they may NOT sign up for a new trial, but must purchase a
regular paid subscription. Customers found doing so may have their
subscriptions terminated without notice, their accounts deleted
without notice and IP numbers banned from connecting to any Megrihost VPS
Server, owned network.
Customer agrees that their
monthly recurring hosting fee is partly based upon the amount of
bandwidth their account utilizes. Customer further agrees to pay an
overage fee of $3.00 USD per Gigabyte that this limit is
exceeded.
Acceptable Use
Policy
Megrihost Server, reserves
the right to suspend or cancel a customer's access to any or all
services provided by Megrihost Server, when Megrihosting VPS Center,in Megrihost VPS
Server, sole opinion, decides that the account has been
inappropriately used.
Unauthorized use of other
peoples' accounts or computers will result in immediate termination
of your account. Any unauthorized use of accounts or computers by
Customer, whether or not the attacked account or computer belongs to
Megrihost Center, will result in action against the attacker.
Possible actions include warnings, account suspension or
cancellation, and civil or criminal legal action, according to the
seriousness of the attack.
Megrihost Server, forbids any
server use for distribution, storing, processing, linking to or
otherwise handling in any way the following:
Illegal Material: This
includes copyrighted works of which the customer does not own the
copyright, commercial audio, video, or music files, and any material
in violation of any Federal, State or Local regulation.
Warez, Hacking, et. al.:
Includes, but not limited to, pirated software, ROMS, emulators,
phreaking, hacking, password cracking, IP spoofing, etc., and
encrypting of any of the above. If we find any compiled or
uncompiled exploits on a Customer's filesystem, the account will be
terminated immediately.
SPAM: Unsolicited commercial
advertisements are not allowed in email, and will result in account
suspension or cancellation. Commercial advertisements are unwelcome
in most Usenet discussion groups and on most email mailing lists.
Inappropriate posting may result in account suspension or
cancellation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. "Spamming," or sending a
message to many different off-topic newsgroups, is particularly
unethical and will be treated as such. Sending a message, especially
an advertisement, to more than five or six recipients, is by itself
spamming unless the individuals have specifically requested to be
added to a mailing list on that topic. Email is a person-to-person
medium, not a broadcast medium.
Cancellation
Megrihost Center, reserves
the right to cancel service at any time. All fees paid in advance of
cancellation will be pro-rated and refunded by Megrihost Service Center if Megrihost
Center, institutes its right of cancellation for reasons other
than violation of these restrictions by Customer. If cancellation is
caused by Customer's violation of these policies, then no refund is
due.
Customer can cancel service
any time.
Lawful Purpose
Megrihost Server, reserves
the right to refuse service to anyone. Customers may only use Megrihost
servers 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 Megrihost Server.
Indemnification
Customer agrees that it
shall defend, indemnify, save and hold Megrihost Server, harmless
from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Megrihost Server,
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, its agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless
Magrihost Server, against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise
distributed in connection with Megrihost Servesr; (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 Megrihost
servers. |
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