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 DEVELOPMENTS
customers and the Internet community from abusive use of the Internet.
MEGAWEB DEVELOPMENTS 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
Developments ("MEGAWEB DEVELOPMENTS") and any person or entity
(You, your customers, and any other person or entity authorised by you
to use MEGAWEB DEVELOPMENTS's services or facilities) that uses the Service
(as defined below) under the following terms and conditions:
Questions regarding acceptable use of MEGAWEB DEVELOPMENTS should be sent to abuse@megawebdevelopments.com.
a) The Service. MEGAWEB DEVELOPMENTS is a private company providing a
commercial gateway to the Internet through server hosting, server colocation
and other means. MEGAWEB DEVELOPMENTS's equipment, facilities, and any
software and related documentation MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS
with accurate, complete, and updated registration information.
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 DEVELOPMENTS BY VIRTUE OF ITS HAVING DRAFTED THE TERMS AND CONDITIONS HEREUNDER.
a) YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MEGAWEB DEVELOPMENTS BE
LIABLE FOR ANY LONG DISTANCE OR TOLL CHARGES FOR INCORRECT ACCESS NUMBER
ENTRIES.
b) YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL MEGAWEB DEVELOPMENTS 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
DEVELOPMENTS, OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS
TO, ALTERATION OF, OR USE OF YOUR INFORMATION, EQUIPMENT, OR PROPERTY,
EVEN IF MEGAWEB DEVELOPMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF OR
COULD HAVE FORESEEN THE DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS; (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 DEVELOPMENTS'S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL MEGAWEB DEVELOPMENTS'S CUMULATIVE
LIABILITY TO YOU EXCEED THE FEES YOU HAVE PAID MEGAWEB DEVELOPMENTS HEREUNDER.
d) MEGAWEB DEVELOPMENTS IS NOT IN ANY WAY RESPONSIBLE FOR ANY INFORMATION,
PRODUCTS, OR SERVICES ACCESSIBLE THROUGH THIRD PARTY PROVIDERS ON THE
SERVICE, AND MEGAWEB DEVELOPMENTS SHALL HAVE NO LIABILITY OF ANY NATURE
WHATSOEVER IN RELATION TO ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION,
ANY SEXUALLY EXPLICIT MATERIALS. MEGAWEB DEVELOPMENTS NEITHER ENDORSES
NOR IS RESPONSIBLE FOR THE ACCURACY OF ANY THIRD PARTY MATERIAL(S), AND
YOU AGREE THAT MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS'S RIGHTS UNDER THIS
AGREEMENT, AT LAW OR IN EQUITY, AGAINST ANY SERVICE USER OR THIRD PARTY.
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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS OR ITS EMPLOYEES SHALL CREATE
A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THESE TERMS AND POLICIES.
You shall indemnify MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS may set-off the amount of any Losses against any sums accruing to You under any transaction between You and MEGAWEB DEVELOPMENTS, including, without limitation, any reimbursements under the Terms and Policies. Upon receipt of any third party claim, MEGAWEB DEVELOPMENTS shall have the right to assume the sole defence thereof, at Your expense, by representatives chosen by MEGAWEB DEVELOPMENTS. You shall provide MEGAWEB DEVELOPMENTS with such assistance, without charge, as may be requested by MEGAWEB DEVELOPMENTS in connection with any such defense, including, without limitation, providing MEGAWEB DEVELOPMENTS with such information, documents, records and reasonable access to You, as MEGAWEB DEVELOPMENTS shall deem necessary. In no event shall You settle any third party claim or waive any defense without MEGAWEB DEVELOPMENTS's prior written consent.
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.
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 DEVELOPMENTS'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 DEVELOPMENTS, within thirty (30) days of payment, a written statement
supporting Your position regarding the dispute. MEGAWEB DEVELOPMENTS shall
determine in its good faith business judgment whether such billed items
were erroneous, and shall issue a credit to You if MEGAWEB DEVELOPMENTS
so determines. Except in the event of an erroneously billed item, as determined
by MEGAWEB DEVELOPMENTS, 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 DEVELOPMENTS 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 DEVELOPMENTS terminates Your account. If MEGAWEB DEVELOPMENTS
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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS
may have under the Terms and Policies, or at law or in equity.
The Service is the private property of MEGAWEB DEVELOPMENTS and is provided solely for the use of valid subscribers of the Service. By providing the Service to valid subscribers, MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS at any time without prior notice. MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS's sole discretion is causing harm to or may cause harm to the Service.
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.
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 DEVELOPMENTS. 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.
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 DEVELOPMENTS 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 DEVELOPMENTS'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 DEVELOPMENTS'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.
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 DEVELOPMENTS's possessory interest
in the Service.
MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS and to satisfy any law, regulation, authorised government request, or trade association guideline. MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS shall have the right to remove any material that MEGAWEB DEVELOPMENTS, in its sole discretion, finds to be in violation of the provisions hereof, may cause liability for MEGAWEB DEVELOPMENTS, or is otherwise objectionable in MEGAWEB DEVELOPMENTS's sole discretion.
MEGAWEB DEVELOPMENTS'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 Developments
8 Royal Gardens.
Stirling
FK8 2RJ
UK
Telephone: 0870 746 0893
Email: colin@megawebdevelopments.com
MEGAWEB DEVELOPMENTS respects the rights of copyright holders and in this
regard, MEGAWEB DEVELOPMENTS has adopted and implemented this policy.
Under this policy, MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS's
sole judgment the infringer is an innocent infringer, then MEGAWEB DEVELOPMENTS
shall not terminate access unless such person has repeatedly infringed
copyrighted material. If MEGAWEB DEVELOPMENTS determines that the infringer
negligently or intentionally engaged in the infringing activity, then
MEGAWEB DEVELOPMENTS reserves the right to immediately terminate that
infringer's Service access.
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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS 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 DEVELOPMENTS accounts are limited
to one PPP login per account at any given time. A standard MEGAWEB DEVELOPMENTS
account provides access to browse the Internet, and should only be connected
when a user is actively using the Internet. A standard MEGAWEB DEVELOPMENTS
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 DEVELOPMENTS 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.
Any failure or delay by MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS.
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 DEVELOPMENTS 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 DEVELOPMENTS in
its sole discretion. Your continued use of the Service will be deemed
consent to any such amended Terms and Policies.
b) Trademarks. "MEGAWEB DEVELOPMENTS" is a trademark of Megaweb
Developments. 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 DEVELOPMENTS",
the "MEGAWEB DEVELOPMENTS Marks") which MEGAWEB DEVELOPMENTS
may use in conjunction with the Service. You acknowledge and agree that
MEGAWEB DEVELOPMENTS owns all right, title and interest to the MEGAWEB
DEVELOPMENTS 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
DEVELOPMENTS but instead shall look solely to the assets of MEGAWEB DEVELOPMENTS
for satisfaction of any liability of MEGAWEB DEVELOPMENTS under the Terms
and Policies.
Current account charges, including billing methods, rates, and surcharges
for using the Service, may be found in MEGAWEB DEVELOPMENTS'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 DEVELOPMENTS 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 DEVELOPMENTS
to charge the credit card account number associated with Your account
for any Service charges that accrue from month to month. You reauthorise
MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS'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 DEVELOPMENTS 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 DEVELOPMENTS will suspend or terminate Your access
to the Service. If any financial instrument received in payment is returned
to MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS rights under the Terms and
Policies.
MEGAWEB DEVELOPMENTS's dedication to customer service means that MEGAWEB
DEVELOPMENTS takes seriously and responds to complaints about its subscribers'
use of the Internet, including complaints by both MEGAWEB DEVELOPMENTS
subscribers and complaints by other Internet users. MEGAWEB DEVELOPMENTS
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 DEVELOPMENTS will respond to any complaint that involves online
activities that are prohibited under the Terms and Policies. MEGAWEB DEVELOPMENTS
will follow the complaint response procedures described below to respond
to complaints from subscribers and others about MEGAWEB DEVELOPMENTS subscribers.
MEGAWEB DEVELOPMENTS 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 DEVELOPMENTS customer service department at the telephone number on the front of your bill.
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 DEVELOPMENTS, 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 DEVELOPMENTS customer service department, You should submit the following information:
The online identity of the MEGAWEB DEVELOPMENTS 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).
Potential Funding for web development projects
Please contact us
Streaming video now available for your website
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tel: 0870 746 0893 | fax: 0870 138 9254 | email: info@megawebdevelopments.com
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