This Mega Studios Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Mega Studios Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Mega Studios reserves the right to modify it from time to time. No verbal or written agreement/statement by any Mega Studios employee or at Mega Studios website will take precedence over the TOS.
On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If Customer resells the Services he or she is paying for, the Customer will be responsible for his or her Clients. Mega Studios only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that Mega Studios deems inappropriate may result in the termination or suspension of the Services for the Customer.
Payment
The Services purchased by the Customer will be in the form of a specific Windows, Linux, Business, Ecommerce, VPS or Reseller Service Plan. Each Service Plan outlines the features, resources and storage that Mega Studios will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www. Mega Studios.com. Mega Studios has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Mega Studios before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan.
All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which was not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customers choose to cancel his or her Service Account (according to the Cancellation/Refund Policy)
All charges will be debited against the Customer's balance maintained by Mega Studios. If the customer's chosen payment method is Credit Card, Mega Studios would attempt to charge the credit card number provided by customer (upon or after registration) automatically. For all other purchases (i.e. purchases made from Online transactions as well as by Cheque), customer must manually pay following payment procedures defined by Mega Studios. Failure of customer to pay manually or for Mega Studios to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer doesn't pay his or her balance within 7 days after Service Account suspension, Mega Studios reserves the right to terminate the Customer's Service Account
Mega Studios also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
Overages
If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same overage rates. If Customer uses/purchases more than 200% of the resources allocated in the chosen Hosting Plan, Mega Studios reserves the right to terminate the Customer's Service Account. The overage fees charged will be for the remaining portion of the Customer's current Billing Period
Non-Payment
All payments are due in full on or before the Anniversary Billing Date. Payments for additional resources and recurring charges are due as soon as they appear in "billing statements". Failure to remit payment on due date is a violation of the TOS. Failure to remit payment on time, including the Anniversary Billing Date, shall result in a termination of public access to Customer services as well as suspension of Server services. A late fee of $30 will be incurred for failure to remit payment for services on or before due date/Anniversary Billing Date. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of all services, shall be reclaimed. A $60 reconnect fee will be incurred for failure to remit payment for services after access has been disconnected.
Refunds / Cancellations
Services are provided on an "as is" basis." Mega Studios is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.
Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation. If the customer applies for refund within 30 days from the date of deal, Mega Studios is only liable for a full refund of all monthly hosting fees only. Domain registration fees, setup fees, bandwidth add-on fees, ssl certificate fees, or other one-time service fees are non refundable.
Material and Product Requirements
You must ensure that all material and data placed on Mega Studios 's servers/systems is in a form requiring no additional manipulation by Mega Studios. Mega Studios will make no effort to validate any of this information for content, correctness or usability.
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. Mega Studios will not provide this knowledge to the Customer.
Intellectual Property Rights
You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Mega Studios is not liable for any of these actions.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely responsible for its operation and maintenance and Mega Studios plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. Mega Studios will not be responsible for the security of such information.
You also expressly grant to Mega Studios a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Mega Studios under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Bandwidth and Disk Usage
It's true, no one can provide truly unlimited web hosting, but when we say unlimited domains, disk space and bandwidth, of course there are terms & conditions that you must adhere to. These accounts may not to be used to offer a lifetime/free hosting package, host a collection of MP3s, videos, anime, Warez, auto responder service, bulk email service or to backup your computer or another source.
They may not be used for general storage of any type. All content stored on an account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only.
This means that all content stored on an account must be used for "acceptable" website use. "Unacceptable" usage is anything that a shared server would not be able to provide under standard circumstances. If all diskspace used is for acceptable websites, and all bandwidth used is for acceptable activity, then when we run out of disk space and/or bandwidth, we simply add more resources. However, if any domain hosted under your account requires resources that are not able to be provided by a shared server, then in such circumstances we may require you to rent a dedicated server for that domain.
IP Address Ownership
Mega Studios shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Mega Studios. Mega Studios reserves the right to change or remove any and all such IP numbers and addresses.
General Abuse
Any attempt to cause harm or undermine Mega Studios 's servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under Pakistan and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1 - Use of IRC, bots or clients
2 - Unsolicited Bulk Emailing
3 - Newsgroup spamming
4 - Hosting, promoting or linking to pornographic content
5 - Illegal Content
6 - Copyright infringement
7 - Trademark infringement
8 - Hosting and linking to pirated computer software and music.
9 - Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10 - Hosting or linking to computer software that may be used for spamming (know as spam ware)
11 - Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12 - Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13 - Providing/Promoting material about exploitation of children under the age of 18
14 - We do not allow any spyware, chat software on our Windows VPS servers.
Email Abuse
The following activities are considered as email abuse and are prohibited
Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
Stealth Emailing. This includes forging, altering or removing email headers
Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by Mega Studios are also prohibited if they link to websites, content or material hosted on Mega Studios 's servers/systems. Email abuse grounds for immediate suspension of your Service Account and an appropriate legal action.
Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Mega Studios will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Mega Studios will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Mega Studios that the abuse will not occur again. Mega Studios will endeavor to provide prior notification before carrying out any such action but Mega Studios may do so without any such notification, in its own discretion.
Lawful Purpose
Mega Studios reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of Pakistan and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, 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 Mega Studios. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Sialkot, Pakistan and any dispute will be litigated or arbitrated in Sialkot, Pakistan. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Sialkot, Pakistan. In no event shall Mega Studios maximum liability exceed unused portion of the total amount paid by customer.
Notifications
All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. Mega Studios will not be responsible if Customer fails to receive any email Mega Studios attempted to send.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MEGA STUDIOS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MEGA STUDIOS, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEGA STUDIOS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MEGA STUDIOS SERVICES; (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 MEGA STUDIOS SERVICES.
Disclaimer
MEGA STUDIOS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MEGA STUDIOS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MEGA STUDIOS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MEGA STUDIOS AND ITS EMPLOYEES. MEGA STUDIOS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.