Service Terms & Restrictions

In the interest of providing reliable and stable services to all customers, we have placed certain restrictions and established a list of prohibited uses of the server and/or network. These policies are in place for the benefit of all customers.

Prohibited Uses & Abuse

In brief: MegaNetServe does not permit the use of our services, servers, network for:

• Sending Unsolicited or Unwanted Email
• Hosting Websites or other resources advertised by Unsolicited or Unwanted Email
• Hosting any type of illegal content per United States Federal and State laws
• Hosting or using IRC Services
• Hosting Proxy Services
• Hosting distasteful, abusive, threatening or malicious content
• Use of our services, network or server to interrupt, intercept, or otherwise interfere with use of our services or network by other customers or Internet users
• Use of our services, network or server to attack, trespass, interfere, interrupt, intercept or overload Internet services, any network or computer systems

For more detailed information on permitted and prohibited use of our services, please refer to the General Service Terms section below.

General Service Terms

The content of this section (General Service Terms) of this web page is incorporated as a part of the Service Agreements covering hosting services provided by MegaNetServe to its customers.

MegaNetServe may revise the 'General Service Terms' by placing the revised version of the General service Terms on its website at: http://www.meganetserve.com/infocenter/serviceterms.html under the General Service Terms section. Any revision to the General Service Terms shall become in effect upon subsequent renewal of the Monthly Service Period or 30 days of the revision whichever occurs first..

Periodic Term

Customer understands that MegaNetServe provides its services to the Customer on a month-to-month basis. MegaNetServe or Customer may cancel services subscribed under this Service Agreement at any time by giving the other party written notice. Such cancellation notice may be submitted via postal mail, fax, email or by placing a Billing & Customer Service Request using MegaNetServe's Customer Service Portal.

Suitability of Services & Availability

MegaNetServe does not make any representation of the suitability of the services for any specific purpose. MegaNetServe will not be liable for any interruption of service outside MegaNetServe's control. Services may be temporarily unavailable due to scheduled maintenance or for other reasons.

Prohibited Uses & Abuse

Customer may not use the server, network or any of MegaNetServe's services in violation of any local, state, US Federal or international laws. Customer hereby accepts full responsibility to manage, administer, restrict and control of the use of the server, network and MegaNetServe's services within the legal limits of any and all US Trade Restrictions and Sanctions.

All content hosted or posted on the servers must be legal within appropriate jurisdiction. Customer shall refrain from and prevent all network abuses including Mail Abuse and Network abuse occurring on/from the Server, network or other resources assigned to the customer.

The server, network or our services may not be used for generating Unsolicited Commercial Email(a.k.a UCE or SPAM) or unwanted email. An unwanted mail is one which the recipient states or reports as unsolicited and unwanted email. The server shall not be used to host any resources advertised by UCE or unwanted emails or for receiving any type of responses generated by such UCE or unwanted mail. Our Server or Network shall not be used to host IRC (Internet Relay Chat) service.

Customer agrees to secure and protect the server from vulnerability for unauthorized use/misuse such as open mail relay, open FTP server, etc. If any violation of the terms of this paragraph or any abuse occurs, MegaNetServe may impose an Abuse Penalty of $30.00 per abuse incident.

MegaNetServe provides an 'Emergency' option when opening a Technical Support Ticket in the Customer Service Portal. This service is provided at no additional cost to accommodate reporting of Urgent Service Outage and Server Down incidents. MegaNetServe incurs substantial cost to handle prompt, quick response to each Emergency Tickets. Customer agrees that Emergency Option provided in the Customer Service Portal to be used only for actual, confirmed Service Outages or Server Down incidents. Customer accepts the responsibility to investigate and determine that the cause of the outage to be within MegaNetServe's network and/or with the server before opening a Support Ticket in Emergency status. Further, if the cause of the outage is determined to be the server, customer agrees to make two attempts to reboot the server remotely using the Remote Reboot System provided by MegaNetServe. Customer understands and agrees that MegaNetServe will charge a $15 Emergency Option Misuse Fee for the first incident and $30 Emergency Option Misuse Fee for subsequent misuse incidents of the Emergency Option.

Software Licenses

Customer must have ownership of appropriate license to use any software that will be installed and or used on/by the server. In addition, customer hereby accepts full responsibility for monitoring and controlling the usage of software licenses provided by MegaNetServe as part of this Service Order such as Operating System or Application Software within its license limitations. Customer agrees to bear the cost of any claims arising out of misuse or unauthorized use of Software licenses on the server, supplied by MegaNetServe or not. Customer agree to hold harmless MegaNetServe Corporation, its subsidiaries, divisions, its officers, employees, vendors, suppliers and all related parties from any and all claims arising out of damages caused to anyone by Customer's actions.

Payment Terms

Payments are due in advance on or before the First day of the calendar month of the billing cycle. If the payment of any service period is is not received (or cannot be charged to the Credit Card online) by the 5th calendar day from beginning of the service period, MegaNetServe may assess a late fee of 10% of the amount due. MegaNetServe may also at its descretion interrupt services subscribed under this agreement if the account becomes past due without giving further notice. If the Service is interrupted, then there will be a $30.00 Service re-instatement fee imposed per network connection, which shall be due along with the late fees and past due amounts prior to reinstatement of service.

Bandwidth Usage

The service you are purchasing includes a certain amount of 'Bandwidth' as shown in the service description. This figure is NOT Data Transfer. It is an approximate 'Network Pipe Size' that will allow traffic of a certain amount of data transfer of a 30 day period. To monitor your 'bandwidth' usage, MegaNetServe uses a monitoring system & graphing tool based on MRTG. Port traffic readings are taken from the network port to which the server is connected, and a usage graph is generated and updated every 5 minutes. This monitoring system shows the traffic in Kbps or Mbps. 'Bandwidth' usage is calculated by sampling the port usage at 5-minute intervals and calculating the monthly peak usage. For billing purposes your usage is calculated at 95th percentile of the peak readings. This means, the highest 5% of the readings collected in a given month (432 highest readings = 36 hours) is removed from the data before determining your peak usage for the month. For billing purpose, the Monitoring Tool Data is translated to Gigabytes per month Bandwidth usage using a formula of:
======
1024 Kbps (1 Mbps) of peak usage at 95th percentile = 330 Gigabytes Bandwidth usage for the given month.
======
(This simply means that you can transfer up to 330 Gigabytes per month on a 1 Mbps 'pipe’ over a 30 day period).
For example:
If 750 Gigabytes of Bandwidth allocated to your server we expect your peak usage to stay around 2.3 Mbps or less
If 1500 Gigabytes of Bandwidth allocated to your server we expect your peak usage to stay around 4.5 Mbps or less
If 2500 Gigabytes of Bandwidth allocated to your server we expect your peak usage to stay around 7.5 Mbps or less).
Any excess bandwidth usage will be billed to customer in 1 Mbps increments at the rate of $20 per Mbps.

If customer upgrades to an Unmetered Connection option, then the 95th percentile calculation method does not apply; instead the usage is calculated on peak usage of the network port. Any over usage above the pre-purchased Bandwidth size of the Unmetered Connection is billed in 1 Mbps increments at the rate of $20 per Mbps.

Customer shall be responsible for monitoring the bandwidth usage using the monitoring tool provided by MegaNetServe. MegaNetServe will bill customer monthly for any Network Bandwidth Usage in excess of customer's pre-paid Bandwidth Allocation per this service agreement. If customer's bandwidth usage at any time substantially increases above the pre-paid amount, MegaNetServe may at its discretion, require the customer to make an interim payment to cover the additional usage prior to the next billing cycle.

Interruption of Service

Services subscribed under this agreement may be interrupted or terminated without any advance notice for illegal use of the server, violation of Service Terms, or for payment delinquency.

Cancellation & Refunds

MegaNetServe does not offer a satisfaction guarantee on this service. You may cancel the order prior to deployment of the service; and any service fess paid to MegaNetServe will be refunded in full. Once the service has been deployed and the username and password to the service has been sent to the customer, no refunds can be made on any setup fees or initial periodic service fees that has been paid to MegaNetServe. You may cancel the service any time by giving MegaNetServe a written notice as stated in the 'Terms' paragraph above; and all further periodic billing will be stopped. Services are normally terminated immediately upon receipt of the cancellation notice, regardless of any instructions in the notice for a cancellation time or date. We advise that the customer should sent the cancellation notice no earlier than the intended cancellation date. No proration or refunds or will be made for any unused portion remaining in the billing period.

Dispute Settlement

Any disputes arising out of this agreement, which cannot be settled by mutual agreement by Customer and MegaNetServe, shall be settled only by binding arbitration in Santa Clara County, California, under the rules of American Arbitration Association. MegaNetServe's liability of any claims arising out this service agreement under any circumstances shall not exceed the actual fees paid to MegaNetServe by Customer.