Menu Bar
Client Login
| Terms of Service
1.) Account Setup / Email on file
We will setup your
account after we have received payment and we and/or our payment
partner(s) have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or
we need to contact you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times. Providing false contact
information of any kind may result in the termination of your account.
2.) Content
All services provided by MegaMoose Networks may only be used for lawful purposes. The laws of the State of
Florida, the State of Texas, the United States of America, the United Kingdom and the European Union laws apply.
The customer agrees to indemnify and hold harmless MegaMoose Networks from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of sale
of any counterfeit merchandise of a trademark holder will result in the
immediate termination of your account. If you believe that your copyright or
trademark is being infringed upon, please email
abuse@megamoose.net with the
information required.
Examples of unacceptable material on all hosting accounts include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or
commercial banner ad rotation), topsites, commercial audio streaming
(more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment
sites (FOREX, egold exchange), sale of any controlled substance
without prior proof of appropriate permit(s), AutoSurf sites, Bank
Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery
sites, muds / rpg's, hate sites, hacker focused sites/archives/programs,
or sites promoting illegal activities, IP Scanners, Brute Force Programs,
Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Please also note, that we do not condone the hosting of free sites on reseller accounts, and if you do so we may cancel your account.
We
reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers with or without notice.
Failure to
respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response
within 48 hours.
If in doubt regarding the acceptability of
your site or service, please contact us at abuse@megamoose.net and we
will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited
to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you
may terminate the account. We will further monitor your activity; more than
one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such
as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time
for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO
may be hosted on our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
MegaMoose Networks reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with its established policies, or to make any such modifications in an
emergency at its sole discretion.
MegaMoose Networks reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of MegaMoose Networks.
4.) Payment Information
You agree to supply appropriate payment for the services received from
MegaMoose Networks, in advance of the time period during which such services are
provided. You agree that until and unless you notify MegaMoose Networks of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing via emailing
support@megamoose.net or via creating a support ticket.
Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of MegaMoose Networks, it is your responsibility to
ensure that your payment information is up to date, and that all
invoices are paid on time. MegaMoose Networks provides a 10 day grace period
from the time the invoice is due and when it must be paid. Any invoice
that is overdue for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you require assistance
with this provision, please contact sales@megamoose.net, or create a support ticket at our Hosting Support Panel
MegaMoose Networks reserves the right to change the monthly payment amount and any
other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. MegaMoose Networks is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on MegaMoose Networks servers.
6.) Cancellations and Refunds
MegaMoose Networks reserves the right to cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time by creating a support ticket at our Hosting Support Panel or
by emailing us at support@megamoose.net.
MegaMoose Networks gives you an unconditional 7 day money back guarantee on all hosting solution's. There are no refunds on domains,
custom script installations, administrative fees, install fees for custom software.
Refund requests after the intitial 7 days will be refunded on a prorated
basis of any unused time and on the discretion of MegaMoose Networks.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again, you
will not be eligible for a refund or if you have opened a second account
with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on our servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup
system to avoid overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly
create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
Each of MegaMoose Networks's servers carry a 7 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 7 days of your service, you
will be given a full refund of the contract amount. Remember, this does not apply to
administrative fees, install fees for custom software, or domain
name purchases.
9b.) Uptime Guarantee
If your account has a physical downtime that is not
within the 95% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of MegaMoose Networks
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please contact
support@megamoose.net with justification or create a ticket
at our support center.
11.) You may not resell web hosting to other people, if you wish to
resell hosting you may email us or create a support ticket requesting a reseller
account, however these are in limited supply and a price will be agreed on an
individual basis. You must maintain your own backups.
14b.) Arbitration
By using any MegaMoose Networks services, you agree to submit to binding arbitration.
If any disputes or claims arise against MegaMoose Networks or its subsidiaries, such disputes
will be handled by an arbitrator of MegaMoose Networks's choice. An arbitrator from the American
Arbitration Association or the National Arbitration Forum will be selected in the state of Texas.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final. The arbitrator's
award is final and binding on all parties. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this Arbitration Clause.
You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
MegaMoose Networks shall not be responsible for any damages your business may suffer.
MegaMoose Networks makes no warranties of any kind, expressed or implied for services
we provide. MegaMoose Networks disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions caused
by MegaMoose Networks and its employees.
16.) Disclosure to law enforcement
MegaMoose Networks may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
MegaMoose Networks reserves the right to revise its policies at any time without
notice.
Powered by WHMCompleteSolution |
