MEGATON
Hosting Policy
POLICY FOR Web Hosting.
"Policy Statement"
WHEREAS, MEGATON INC., hereinafter referred to as MEGATON, is an information provider
connected to the Internet. MEGATON offers computer storage and data transfer services
over the Internet through access to its Web Servers;
WHEREAS, Client seeks to utilize MEGATON's servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, MEGATON can make no
guarantee that any given reader shall be able to access MEGATON's servers
at any given time. MEGATON represents that it shall make every good faith
effort to ensure that its server is available as widely as possible
and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements
1. Client agrees to a minimum three (3) month contract.
Client agrees to pay MEGATON for services rendered, in advance,
on a quarterly or yearly basis. Additional transfer, if required,
will be charged as excess bandwidth. Additional monthly bandwith,
if required, is .05 per MB (1,000,000 bytes).
2. A minimum of the first 3 month's payment and setup fee shall be
due upon receipt of the order.
3. All setup, domain name or custom fees shall be due upon receipt
of the order.
4. Payment of invoices must be received at the office of
MEGATON INC. 3677 Quail Ridge Dr. Boynton Bch., FL 33436, by 5pm
CST on the due date. Payments made more than 10 days late will be
subject to a $10.00 late payment charge. Megaton reserves the right
to deactivate any account which is overdue in payment.
5. This agreement will automatically renew for successive three (3)
month periods unless canceled in writing prior to the quarterly
renewal date.
II. Taxes
MEGATON shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or MEGATON's
server. Client agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products
1. Client will provide MEGATON with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of MEGATON. MEGATON shall make
no effort to validate this information for content, correctness or
usability
2. MEGATON will exercise no control whatsoever over the content
of the information passing through the network. MEGATON makes no
warranties or representations of any kind, whether expressed or implied
for the service it is providing. MEGATON also disclaims any warranty
of merchantability or fitness for particular purpose and will not be
responsible for any damages that may be suffered by the Client,
including loss of data resulting from delays, non-deliveries or service
interruptions by any cause or errors or omissions of the Client. Use of
any information obtained by way of MEGATON is at the Client's own
risk, and MEGATON specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to and do not
represent guarantees of available end to end bandwidth. MEGATON
expressly limits its damages to the Client for any non-accessibility
time or other down time to the prorata monthly charge during the
system unavailability. MEGATON specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability. In the event that this material is not "Server-ready",
MEGATON may, at its option and at any time, reject this material,
including but not limited to after it has been put on MEGATON's
Server. MEGATON agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of MEGATON. If the
Client fails to modify the material, as directed by MEGATON, within a
reasonable period of time, which shall be determined between the
parties themselves, the Agreement shall be deemed to be terminated.
3. Excess bandwidth - Client will be billed for excess bandwith
if required. Excess bandwidth is defined as any amount over 1 GB per
month for retail accounts and over 10 GB for reseller accounts. Excess
bandwidth will be charged at the rate of .05 per MB.
4. Client may not at any time provide access to, or the use
of, scripts installed on the webserver for use by a third party
(websites not hosted at MEGATON).
IV. Trademarks & Copyrights
Client warrants that it has the right to use the applicable
trademarks, if any, and grants MEGATON the right to use such trademarks
in connection with MEGATON's Server service.
V. Hardware, Equipment & Software
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access MEGATON. MEGATON makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the MEGATON service.
VI. Age
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
Electronic forums such as mail distribution lists and Use Net news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of MEGATON may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or MEGATON. All messages trans-
mitted via MEGATON should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or posting.
Users may not utilize MEGATON's network resources to perform, be the
target of, or in any way be involved in mass-mailing or "spamming" of
any kind. Users must not attempt to undermine the security or
integrity of computing systems or networks and must not attempt to
gain unauthorized access.
VIII. Termination
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. In such event, the
canceling party will be required to pay to other party an amount equal
to the unused portion of service excluding any setup charges.
Notwithstanding the above, MEGATON may terminate service under this
Agreement at any time, without penalty, if the Client fails to comply
with the terms of this Agreement.
IX. Limited Liability
1. Client expressly agrees that use of MEGATON's Server is at Client's
sole risk. Neither MEGATON, its employees, affiliates, agents, third party
information providers, merchants licensers or the like, warrant that
MEGATON's Server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the MEGATON Server service, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall MEGATON, its
offices, agents or any one else involved in creating, producing or
distributing MEGATON's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the MEGATON Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to MEGATON's records, programs or
services. Client hereby acknowledges that this paragraph shall apply
to all content on MEGATON's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose
Client may only use MEGATON's Server 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, or material protected by trade secrets. MEGATON expressly
forbids anyone from using MEGATON's servers for the propogation,
distribution, housing, processing, storing, or otherwise handling in
any way lewd, obscene, or pornographic material, or any other material
which we deem to be objectionable, including, but not limited to,
pornography, satanic materials, and any and all materials of an adult
nature. The designation of any materials as such described above is
left entirely to the discretion of the MEGATON management.
XI. Indemnification
Client agrees that it shall defend, indemnify, save and hold MEGATON
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against MEGATON, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless MEGATON against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with MEGATON's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold on MEGATON Server.
XII. Value Added Reselling
1. Client is allowed to resell the storage and transfer services
provided to it by MEGATON. Client agrees to handle and is responsible for
all third-party customer's content, support, and handling of set-up and
maintenance.
2. Client may not at any time resell, provide access to, or the use
of, scripts installed on the webserver for use by a third party
(websites not hosted at MEGATON).
XIII. Changes to Policy Statement
Client acknowledges and agrees that this Policy Statement on
the registration and use of data storage accounts may change from
time to time and that, upon thirty (30) days posting on the Internet
at: http://www.MEGATON.net/policy.htm, MEGATON may modify or amend
the terms of this Policy Statement.
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications thereto must be in writing and signed by
both parties.
This Agreement shall be governed in all respects by and construed
in accordance with the laws of the United States of America and the
State of Florida.
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