MEGAWEB HOSTING, TERMS OF SERVICE AND
ACCEPTABLE USE POLICIES
The Terms of Service and Acceptable Use Policy is intended to set
forth the terms and conditions of use of service and help protect
Megaweb Hosting customers and the Internet community from abusive
use of the Internet. Megaweb Hosting reserves the right to
revise and update this Acceptable Use Policy from time to time,
so you should periodically review the policy to see if it has been
changed. These Terms Of Service And Acceptable Use Policies ("Terms
and Policies") are entered into by Megaweb Hosting ("Megaweb Hosting") and any person or entity (You, your customers,
and any other person or entity authorised by you to use Megaweb Hosting's services or facilities) that uses the Service (as
defined below) under the following terms and conditions:
Questions regarding acceptable use of Megaweb Hosting should
be sent to abuse@megawebdevelopments.com.
1) Introduction.
a) The Service. Megaweb Hosting is a private company providing
a commercial gateway to the Internet through server hosting, server
colocation and other means. Megaweb Hosting's equipment, facilities,
and any software and related documentation Megaweb Hosting
may provide to you (the "Software") may be used to send
electronic mail, conduct commercial transactions, access the World
Wide Web, newsgroups and private networks, engage in on-line chat
sessions, transfer files, enjoy audio and video programming, and
otherwise participate in all legal aspects of the Internet subject
to the Terms and Policies (collectively, the "Service").
b) Binding Agreement. The Service is provided to authorised persons
or organizations who have agreed to the Terms and Policies (referred
to in the Terms and Policies as "You" or "Your").
Any use of the Service is subject to any restrictions listed herein.
By using the Service, You agree to be bound by all of the Terms
and Policies. You agree that any services you may offer are subject
to these Terms and Policies.
c) Right to Use the Service. Megaweb Hosting grants You a non-exclusive,
non-transferable, limited, and revocable right to access, use and
display the Service on any computers or other electronic display
devices of which You are the sole user, subject to all terms and
conditions in the Terms and Policies. You may not sub-licence your
rights to third parties or act as a representative or agent for
third parties except where all the rights and restrictions offered
by Megaweb Hosting are similarly imposed on such third parties.
d) You represent and warrant that You are at least eighteen (18)
years of age and legally able to enter into these Terms and Policies.
e) Registration Information. You agree to provide Megaweb Hosting
with accurate, complete, and updated registration information.
2) Opportunity to Consult with Counsel; No Construction Against
the Drafter.
YOU HAVE HAD FULL AND AMPLE OPPORTUNITY TO CONSULT LEGAL COUNSEL
REGARDING THE TERMS AND POLICIES PRIOR TO USING THE SERVICE, HAVE
FREELY AND VOLUNTARILY ENTERED INTO THE TERMS AND POLICIES, AND
HAVE READ AND UNDERSTOOD EACH AND EVERY PROVISION, INCLUDING, BUT
NOT LIMITED TO, YOUR RIGHTS, OBLIGATIONS, AND APPLICABLE TERMS AND
CONDITIONS AS SET FORTH HEREIN. YOU ACKNOWLEDGE AND AGREE THAT ANY
INTERPRETATION OF THE TERMS AND POLICIES SHALL NOT BE CONSTRUED
AGAINST Megaweb Hosting BY VIRTUE OF ITS HAVING DRAFTED THE
TERMS AND CONDITIONS HEREUNDER.
3) Limitation of Liability.
a) YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL Megaweb Hosting
BE LIABLE FOR ANY LONG DISTANCE OR TOLL CHARGES FOR INCORRECT ACCESS
NUMBER ENTRIES.
b) YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL Megaweb Hosting
BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "DAMAGES"),
ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE, SUCH AS,
BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS OR LOST SAVINGS OR GOODWILL OR DATA, THE PROVISION OF PERSONALLY
IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, TERMINATION OF THIS AGREEMENT BY Megaweb Hosting,
OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO,
ALTERATION OF, OR USE OF YOUR INFORMATION, EQUIPMENT, OR PROPERTY,
EVEN IF Megaweb Hosting HAS BEEN ADVISED OF THE POSSIBILITY
OF OR COULD HAVE FORESEEN THE DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT Megaweb Hosting IS NOT LIABLE FOR THE CONDUCT
OF AND INFORMATION SUPPLIED BY OTHER SERVICE USERS OR THIRD PARTIES
(INCLUDING, WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT) AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
c) THE FOREGOING SHALL APPLY REGARDLESS OF: (I) THE NEGLIGENCE OR
GROSS NEGLIGENCE OF Megaweb Hosting; (II) ANY FAILURE OF AN
ESSENTIAL PURPOSE; AND (III) WHETHER SUCH LIABILITY SOUNDS IN NEGLIGENCE,
STRICT LIABILITY, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR THE DAMAGES, Megaweb Hosting'S LIABILITY IS
LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT
SHALL Megaweb Hosting'S CUMULATIVE LIABILITY TO YOU EXCEED
THE FEES YOU HAVE PAID Megaweb Hosting HEREUNDER.
d) Megaweb Hosting IS NOT IN ANY WAY RESPONSIBLE FOR ANY INFORMATION,
PRODUCTS, OR SERVICES ACCESSIBLE THROUGH THIRD PARTY PROVIDERS ON
THE SERVICE, AND Megaweb Hosting SHALL HAVE NO LIABILITY OF
ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING, INCLUDING,
WITHOUT LIMITATION, ANY SEXUALLY EXPLICIT MATERIALS. Megaweb Hosting
NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OF ANY THIRD
PARTY MATERIAL(S), AND YOU AGREE THAT Megaweb Hosting IS NOT
RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE
ON, SUCH MATERIAL(S), NOR FOR ANY FAILURE TO ENFORCE ANY OF Megaweb Hosting'S RIGHTS UNDER THIS AGREEMENT, AT LAW OR IN EQUITY,
AGAINST ANY SERVICE USER OR THIRD PARTY.
4) Disclaimer of Warranty.
a) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE (INCLUDING, WITHOUT
LIMITATION, THE SOFTWARE) AND THE CONTENTS THEREIN ARE PROVIDED
ON AN "AS IS", "AS AVAILABLE" BASIS AND Megaweb Hosting DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS ANY,
REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS
OR IMPLIED (THE "DISCLAIMED STATEMENTS"), REGARDING THE
SERVICE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY DISCLAIMED
STATEMENTS: (I) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II)
ARISING FROM COURSE OF DEALING, COURSE OF USAGE, OR COURSE OF PERFORMANCE;
OR (III) OF TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THE
SERVICE AND ANY INFORMATION PROVIDED THROUGH THE SERVICE. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, Megaweb Hosting DISCLAIMS
ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROFITABILITY OF
TRANSACTIONS EXECUTED ON THE SERVICE OR THE RESULTS TO BE OBTAINED
FROM THE USE OF THE INFORMATION ON THE SERVICE.
b) Megaweb Hosting DOES NOT GUARANTEE THE SECURITY OR BACK-UP
OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE. NO ORAL
ADVICE OR INFORMATION GIVEN BY Megaweb Hosting OR ITS EMPLOYEES
SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THESE
TERMS AND POLICIES.
5) Indemnification.
You shall indemnify Megaweb Hosting and its shareholders,
directors, members, officers, employees, agents, and affiliates
and hold them harmless from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments and expenses,
as well as any and all third party claims and causes of action,
including, without limitation, legal fees (collectively, the "Losses"),
arising out of any breach by You of any of the terms and conditions
of the Terms and Policies, or any use by You of the Service or transmission
by You through the Service, including, without limitation, unsolicited
commercial electronic mail, system shut downs, retaliatory attacks
or data flooding, or loss of peering arrangements. Megaweb Hosting
may set-off the amount of any Losses against any sums accruing to
You under any transaction between You and Megaweb Hosting,
including, without limitation, any reimbursements under the Terms
and Policies. Upon receipt of any third party claim, Megaweb Hosting
shall have the right to assume the sole defence thereof, at Your
expense, by representatives chosen by Megaweb Hosting. You
shall provide Megaweb Hosting with such assistance, without
charge, as may be requested by Megaweb Hosting in connection
with any such defense, including, without limitation, providing
Megaweb Hosting with such information, documents, records and
reasonable access to You, as Megaweb Hosting shall deem necessary.
In no event shall You settle any third party claim or waive any
defense without Megaweb Hosting's prior written consent.
6) Coverage.
If You are an individual, the Terms and Policies apply to all persons
who gain access through Your account. If You are a commercial entity,
the Terms and Policies apply to all Your individual users, including,
without limitation, Your employees, agents, contractors or customers.
In either instance, You acknowledge and agree that a violation of
the Terms and Policies by anyone using services and facilities under
Your account or Your authorisation will be treated as a violation
by You, and You are to be responsible and liable for such violations.
7) Payments.
a) Billing. Billing for Your use of the Service shall be pursuant
to Addendum A and shall occur on a monthly basis, and Your payment
shall be due within thirty (30) days of Your receipt of Megaweb Hosting's bill. Any amount not paid within such period shall
bear interest at the lesser of (i) the rate of one and one half
percent (1.5%) per month, or (ii) the highest rate permitted by
applicable law. If You dispute any portion of a bill, You shall
timely pay the full billed amount and provide Megaweb Hosting,
within thirty (30) days of payment, a written statement supporting
Your position regarding the dispute. Megaweb Hosting shall
determine in its good faith business judgment whether such billed
items were erroneous, and shall issue a credit to You if Megaweb Hosting so determines. Except in the event of an erroneously
billed item, as determined by Megaweb Hosting, ALL FEES SHALL
BE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE AND NON- CREDITABLE.
b) Late Payments. If You fail to make Your monthly account payment
within ten (10) working days after the due date, Megaweb Hosting
may, without further notice, terminate the Terms and Policies and
Your account. Termination does not remove Your responsibility to
pay all fees incurred up to the date that Megaweb Hosting terminates
Your account. If Megaweb Hosting incurs any fees or costs in
collecting any past-due amounts, including, without limitation,
costs of legal fees or a collection agency, those fees and costs
will be added to the amount You owe to the extent permitted by applicable
law.
c) Changes. Megaweb Hosting shall have the right at any time
to change or modify the terms and conditions applicable to Your
use of the Service, or any part thereof, or to impose new conditions,
including, but not limited to, revisions to the fees, billing rates,
and account charges for use and modifications to these Terms and
Policies. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on the Service,
or by electronic or conventional mail, or by any other means by
which You obtain notice thereof. Any use of the Service by You after
any of the aforementioned means of notice shall be deemed to constitute
acceptance by You of such changes, modifications or additions to
these Terms and Policies.
d) Suspension and Termination. No billing credit will be given for
a period of suspension. In the event of termination of Your use
of the Service under this Section, Megaweb Hosting will retain
all amounts You have paid for use of the Service. There are no refunds
or credits for early termination with the exception of a 30-day
money back guarantee which may be used from time to time as a promotional
offer. Termination or suspension of service shall not relieve subscriber
from the obligation to satisfy outstanding invoices. In addition
to any other remedies Megaweb Hosting may have under the Terms
and Policies, or at law or in equity.
8) Access to the Service.
The Service is the private property of Megaweb Hosting and
is provided solely for the use of valid subscribers of the Service.
By providing the Service to valid subscribers, Megaweb Hosting
does not intend to and does not hold out the Service as a service
for the use or accommodation of the public generally, and Megaweb Hosting does not undertake to provide the Service, services,
information, or support to any persons who are not valid subscribers.
Access to the Service may be suspended, withdrawn, limited, or terminated
by Megaweb Hosting at any time without prior notice. Megaweb Hosting specifically denies all persons who are not valid subscribers
on the Service the right, privilege, license, or sufferance to use
the facilities of the Service for any purpose other than those stated
above. Any use or attempted use of the facilities of the Service
for commercial purposes by third parties not subscribers on the
Service may be treated as trespass and theft, and may be referred
to the appropriate law enforcement officials for prosecution under
UK law barring the unauthorised use of computer systems. Megaweb Hosting reserves the right to pursue parties who are not valid
subscribers of the Service for all costs and damages arising from
or related to their unauthorised use or attempted use of the Service,
and to block transmission of messages from any person, address,
domain, company, or other entity which in Megaweb Hosting's
sole discretion is causing harm to or may cause harm to the Service.
9) Intellectual Property.
a) You shall not upload, post or otherwise make available through
the Service any material protected by copyright, trademark, patent,
trade secret or other proprietary right without the express written
permission of the owner of the copyright, trademark, patent, trade
secret or other proprietary right and the burden of determining
that any material is not so protected rests entirely with You.
10) Unsolicited Commercial Electronic Mail.
You may not use the facilities of the Service to send, relay, forward,
bounce, reply, or otherwise route electronic messages to: (a) subscribers
of the Service other than as needed to complete the delivery of
individual electronic messages from the subscriber's correspondent(s);
or (b) third parties who are not subscribers of the Service without
the prior written permission of Megaweb Hosting. Permission
will not be given to send, relay, forward, bounce, reply, or otherwise
route unsolicited commercial email, and You may not use the Service
in any way to send, relay, forward, bounce, reply, or otherwise
route unsolicited commercial email to subscribers or to third parties.
Any message(s) You send to subscribers of the Service must accurately
identify the originating sender of the message(s). A message with
a misleading, disguised, or otherwise false originating address
will be treated as unsolicited commercial email and disposed of
accordingly. You may not use the Service to provide facilities which
are promoted or advertised via unsolicited commercial email, regardless
of whether the unsolicited commercial email was sent using the Service
or sent via another service provider.
11) Your Representations and Warranties.
a) Prohibited Activities. You represent and warrant that You will
not engage in any illegal conduct or conduct detrimental to the
Service, including, without limitation, any of the following (if
You discover any of the following prohibited activities, You may
contact Megaweb Hosting pursuant to Addendum B (Complaint Response
Procedures):
i) Using the Service in a way which constitutes a violation of any
applicable statute, law, court order, ruling, decision, injunction,
tariff, regulation, or treaty (including, but not limited to, intellectual
property, communications, privacy, criminal and international law,
defamation, obscenity, fraud, and false pretenses);
ii) Using the Service in a manner intended to abuse or violate the
privacy or property rights of others, including, but not limited
to, sending of unsolicited bulk electronic mail ("spamming");
this ground for suspension or termination is separate from and in
addition to the fees which will result from such activity;
iii) Using the Service in an attempt to break security, or so as
to actually break security of any computer network (including, without
limitation, the Service itself), or to access an account, message,
or file which does not belong to You;
iv) Using the Service for unauthorised relays through any third
party systems;
v) Attempting, in any way, to interfere with or deny service (including,
without limitation, the Service) to any user or any host on the
Internet;
vi) Using the Service for mail-bombing, which includes, without
limitation, any instance where multiple messages are sent to a specific
destination with the intent to render the recipient and/or the electronic
system serving that recipient dysfunctional;
vii) Furnishing false data on Your sign-up form, contract, or online
application, including, without limitation, providing fraudulent
credit card or other payment information;
b) Posting. You understand and agree that You have sole responsibility
for Your posting of any information or material to any site or newsgroup
on the Internet, including, but not limited to, postings to web
sites, whether residing on Megaweb Hosting's equipment or not,
postings to newsgroups, and participation in any on-line chat sessions.
c) Privacy. You shall safeguard and not release to any third parties
any third party data which You may come into possession of or gain
access to, and in doing so shall fully conform with the Data Protection
Act 1988 (see http://www.hmso.gov.uk/acts/acts1998/19980029.htm),
and all regulations issued pursuant thereto (all of the aforementioned
legal authority shall be referred to as "Privacy Requirements").
At any time and from time to time, You agree, without consideration,
pursuant to Megaweb Hosting's request, to take such actions,
make such disclosures, make such modifications, safeguard data,
protect consumer privacy for personally identifiable information
(including, without limitation, financial information), and to execute
and deliver such documents as may be necessary to comply with all
Privacy Requirements.
d) Equipment. You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for
access to and use of the Service and all charges related thereto.
e) Site Material. You shall not upload, post or otherwise make available
on the Service any material protected by copyright, trademark or
other proprietary right without the express written permission of
the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with You. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
12) Service Security Matters.
a) Security. You agree to safeguard Your password and maintain
its security at all times with a reasonable degree of care. You
agree not to access or attempt unauthorised access to private areas
of the Service.
b) No Unauthorised Access and Unauthorised Activities on the Service.
Although the Service is publicly available, such availability is
limited to the authorised uses described in the Terms and Policies.
Access to the Service is not authorised for any activities that
interfere or have the potential to interfere with Megaweb Hosting's
possessory interest in the Service.
13) Monitoring.
Megaweb Hosting shall have the right, but not an obligation,
to monitor the content of the Service, to determine compliance with
the Terms and Policies and any operating rules established by Megaweb Hosting and to satisfy any law, regulation, authorised government
request, or trade association guideline. Megaweb Hosting shall
have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on the Service. Without
limiting the foregoing, Megaweb Hosting shall have the right
to remove any material that Megaweb Hosting, in its sole discretion,
finds to be in violation of the provisions hereof, may cause liability
for Megaweb Hosting, or is otherwise objectionable in Megaweb Hosting's sole discretion.
14) Copyright Infringement: Termination, Notice and Takedown Policy.
Megaweb Hosting's Copyright Agent for notice of claims of
copyright infringement on or regarding the Service can be reached
as follows:
Copyright Agent
Attn: Colin Youngson
Megaweb Hosting
8 Royal Gardens.
Stirling
FK8 2RJ
UK
Telephone: 0870 746 0893
Email: colin@megawebdevelopments.com
Megaweb Hosting respects the rights of copyright holders and
in this regard, Megaweb Hosting has adopted and implemented
this policy. Under this policy, Megaweb Hosting shall terminate,
if commercially practicable and reasonable, Service access in appropriate
circumstances for employees, valid subscribers of the Service and
any other account holders who infringe the rights of copyright holders.
If in Megaweb Hosting's sole judgment the infringer is an innocent
infringer, then Megaweb Hosting shall not terminate access
unless such person has repeatedly infringed copyrighted material.
If Megaweb Hosting determines that the infringer negligently
or intentionally engaged in the infringing activity, then Megaweb Hosting reserves the right to immediately terminate that infringer's
Service access.
15) Content.
a) No Control Over Service Content. You understand and agree that
information and other content available through the Service may
include, without limitation, controversial, sexually explicit, or
other material that may be offensive to You or users for whom You
are responsible. Megaweb Hosting has no responsibility for
or control over such materials, and You take sole responsibility
for using any available screening software or other methods of limiting
access (specifically including, without limitation, the access of
minors) to any material You may find objectionable.
b) No Endorsement of Service Content. Megaweb Hosting neither
endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on or off the Service by anyone
other than authorised Megaweb Hosting employee spokespersons
while acting in their official capacities. It is Your responsibility
to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the Service or
through a third party subscriber of the Service. Advice of a professional,
if appropriate, may be necessary for You regarding the evaluation
of any specific information, opinion, advice or other content.
Dial-up Connection. Standard Megaweb Hosting accounts are limited
to one PPP login per account at any given time. A standard Megaweb Hosting account provides access to browse the Internet, and
should only be connected when a user is actively using the Internet.
A standard Megaweb Hosting account shall not be used to run
a server providing an information service over a user's modem connection
such as an FTP or WWW server. A connection held for extended periods
of time by automated methods or server software are in violation
of this Policy, and will have their connection terminated or account
suspended. Although a Standard Megaweb Hosting account allows
unlimited monthly access, to insure the system is not abused and
all customers have equal access, a connection will automatically
be disconnected after eight (8) consecutive hours of connectivity.
16) Force Majeure.
Any failure or delay by Megaweb Hosting in the performance
of its obligations pursuant to these Terms and Policies shall not
be deemed a default or breach of these Terms and Policies or a ground
for termination hereunder to the extent such failure or delay is
due to computer or Internet or telecommunications breakdowns, denial
of service attacks, fire, flood, earthquake, elements of nature
or acts of God, acts of war, terrorism, riots, civil unrest, rebellions
or revolutions in the United Kingdom or any nation where the Service
under these Terms and Policies is to be provided, strikes, supplier
and third party failure, lockouts, or labour difficulties, or any
similar cause beyond the reasonable control of Megaweb Hosting.
17) General Matters.
a) Entire Terms and Policies; Amendments; No Third Party Beneficiaries;
Assignment; Definitions and Headings. These Terms and Policies constitute
the entire agreement between You and Megaweb Hosting and supersede
any other communications, advertisements or understandings (oral
or written) with respect to the subject matter hereunder. The Terms
and Policies may be amended in any respect at any time only by Megaweb Hosting in its sole discretion. Your continued use of the Service
will be deemed consent to any such amended Terms and Policies.
b) Trademarks. "Megaweb Hosting" is a trademark of
Megaweb Hosting. and You obtain no rights of any nature whatsoever
by virtue of Your use of the Service to such trademark or any other
trademarks, trade names, or service marks (together with "Megaweb Hosting", the "Megaweb Hosting Marks")
which Megaweb Hosting may use in conjunction with the Service.
You acknowledge and agree that Megaweb Hosting owns all right,
title and interest to the Megaweb Hosting Marks.
c) Limitation on Liability of Shareholders, Officers, Directors,
Members, Employees and Agents. You shall not make any claim against
the affiliates, shareholders, officers, directors, members, employees
or agents of Megaweb Hosting but instead shall look solely
to the assets of Megaweb Hosting for satisfaction of any liability
of Megaweb Hosting under the Terms and Policies.
ADDENDUM A: BILLING
Current account charges, including billing methods, rates, and
surcharges for using the Service, may be found in Megaweb Hosting's
web site at http://www.megawebdevelopments.com or may be obtained
by calling the customer service number on the front of Your bill.
Your monthly account charges age payable in advance. You are responsible
for all activities and charges associated with Your account. If
any unauthorised charges are made on or through Your account, You
are responsible for such charges until You notify Megaweb Hosting
a breach of security by calling the customer service number on the
front of Your bill and changing Your password.
If You pay by credit card, You expressly authorise Megaweb Hosting
to charge the credit card account number associated with Your account
for any Service charges that accrue from month to month. You reauthorise
Megaweb Hosting to charge Your designated credit card account
each time You use the Service. This authorisation will remain valid
until You terminate Your authorisation in writing. Your account
may be immediately terminated, at Megaweb Hosting's sole discretion,
for declined credit cards, returned cheques, or any other non-payment
of account charges. A new billing cycle will begin on the date You
begin using the Service and will continue for one month from that
date. A new billing cycle will begin on the day of the month on
which You began using the Service. If You pay by means other than
credit card, Your account charges are due according to the Due Date
on Your invoice and payment of Your account charges must be received
by Megaweb Hosting on or before Your Due Date of each billing
cycle.
Your account will be considered to be in default if payment of Your
account charges is not received within ten (10) days after the Due
Date on Your invoice. If Your account is still unpaid thirty (30)
days after the date of Your invoice Megaweb Hosting will suspend
or terminate Your access to the Service. If any financial instrument
received in payment is returned to Megaweb Hosting unpaid,
Your account will be considered to be in default, and in addition
to suspended or terminated for non-payment, You will be subject
to a returned check charge of twenty-five pounds (£25). If
Your account is suspended or terminated for non-payment, You are
responsible for all current and past due account charges. Only Your
request to terminate Your account will relieve You of Your obligation
to pay Your current account charges.
If You default on Your account, You agree to pay fees, costs, and
expenses, including, but not limited to, legal' fees and collection
agency fees, incurred in enforcing Megaweb Hosting rights under
the Terms and Policies.
ADDENDUM B: Megaweb Hosting COMPLAINT RESPONSE PROCEDURE
Megaweb Hosting's dedication to customer service means that
Megaweb Hosting takes seriously and responds to complaints
about its subscribers' use of the Internet, including complaints
by both Megaweb Hosting subscribers and complaints by other
Internet users. Megaweb Hosting believes that its subscribers
should be able to enjoy use of the Internet without interference
by persons who use the Internet in an improper or unlawful manner.
Megaweb Hosting will respond to any complaint that involves
online activities that are prohibited under the Terms and Policies.
Megaweb Hosting will follow the complaint response procedures
described below to respond to complaints from subscribers and others
about Megaweb Hosting subscribers. Megaweb Hosting may
issue warnings to its subscribers, suspend subscribers' accounts
and even cancel accounts when it learns of continuing improper activities.
If You have any questions regarding these policies, You can call
the Megaweb Hosting customer service department at the telephone
number on the front of your bill.
How to Submit a Complaint:
Form of Complaint. Complaints may be submitted in any form: by
electronic mail (all electronic mail should be sent to abuse@megawebdevelopments.com,
or mail to: Megaweb Hosting, 8 Royal Gardens, Stirling, FK8
2RJ, Stirlingshire, UK, Attn: Complaint Dept. Phone: 0870 746 0893
What Information Should be Submitted.
If You register a complaint with the Megaweb Hosting customer
service department, You should submit the following information:
The online identity of the Megaweb Hosting subscriber involved,
and if possible, any other information about the subscriber, such
as his or her name and email address;
A detailed description of the activities involved;
Copies of log files relevant to the complaint;
Full copies, including all headers of relevant emails
If possible, the specific category or categories of prohibited activities
You believe are involved in the described activities; and
The times and dates the activities took place (e.g., the date information
was posted in violation of the Terms and Policies).
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