UNLIMITED TRAFFIC RESTRICTIONS:
UNLIMITED TRAFFIC does not apply to any domain account
consuming 20% or more of systems resources. Following are a list
of sites that will often require more than 20% of our systems
resources: Multiple domains residing at a single IP address, domains
with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar,
etc.), and domain accounts offering download files.
(ii) We are not saying that your web site cannot contain such
files, however if at any time they consume 20% or more of our
systems resources you will be contacted to resolve the problem.
(NB: None of web sites that we currently host come anywhere near
to 20% usage.)
(b) UNACCEPTABLE ACTIVITIES:
(i) These include spamming (sending unsolicited advertising to
those with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using
a return email address which is not the valid reply address of
the sender or sending an email message which does not contain
enough information to enable the recipient to identify the party
who is really sending the message; passive spamming (promoting
a web site hosted by MEGAHost by spamming from some other source),
trolling (posting controversial messages in newsgroups to generate
responses), mail bombing (inundating a user with email without
any serious intent to correspond), generating a higher volume
of outgoing mail than a normal user (20% or more of available
system resources), and subscribing someone else to an electronic
mailing list without that person's permission.
A message is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has not requested
the message. Making an email address available to the public does
not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All
recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email.
Any customer repeatedly "mail bombed" or that attracts
such behaviour will be asked to leave.
If you are not sure if your actions will be in violation, please
(ii) AGE. The client must be 18 years of age to obtain
(iii) ABUSE OF THE LEGAL RIGHTS OF OTHERS: Examples of
unacceptable activities in this regard include, but are not limited
too, posting private information about a person without their
consent, infringing intellectual property rights, defaming a person
or business, and knowingly making available code which will have
a deleterious effect on third party computers. MEGAHost supports
free speech on the Internet, and will not suspend or cancel a
customer's account simply because it disagrees with the views
expressed by the customer. Where there are allegations that a
customer's on-line activity has violated the legal rights of a
third party, MEGAHost will not substitute itself for a court of
law in deciding tort claims raised by the third party.
(iv) ABUSE OF THE LAW: MEGAHost services may be used for
lawful purposes only. Illegality includes, but is not limited
to: drug dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEG's, ROMs, and
ROM emulators); gambling; schemes to defraud; trafficking in obscene
material; sending a message or having content that is obscene,
lewd, lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or
damage to individuals or groups; violating New Zealand export
restrictions; stalking; or violating other law such as the Privacy
Act or Human Rights Act. Linking to illegal material is also prohibited.
PORNOGRAPHY: Pornography and sex-related merchandising,
or links to such material, even if legal, is not an acceptable
use of MEGAHost servers.
ABUSE OF MEGAHOST SERVER RESOURCES: Running programs in
the background on an MEGAHost server without MEGAHost prior written
authorization, or running chat rooms, Internet Relay Chat, IRC
bots, and the like are not acceptable uses of MEGAHost servers.
Further, any usage of twenty percent (20%) or more of our system
resources is an undue burden on our system and is unacceptable.
If your usage ever exceeds twenty percent (20%) of system resources,
you will be contacted and asked to eliminate the problem. In addition,
any domain that exceeds ten gigabytes of bandwidth traffic can
be terminated without prior notice.
(vii) HACKING/CRACKING: MEGAHost reserves the right to
report illegal activities to any and all regulatory, administrative,
and/or governmental authorities for prosecution.
(c) OTHER BEHAVIOUR: The following examples of unacceptable
behaviour are non-exclusive, and are provided for guidance purposes.
If you are unsure if your actions will be a violation of our policies
please contact us.
Server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network Attempt to
circumvent any user authentication or security of host, network,
or account. Accessing data not intended for user. Probing the
security of any network. Spawning dozens of processes. Port scans,
ping floods, packet spoofing, forging router information, Denial
of Service attacks, sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC
bots such as eggdrop or BitchX. Any activity, whether or not the
intrusion results in the corruption or loss of data, will be investigated
and proper action taken. The presence of any of these programs,
whether or not run, will result in action against the user including
suspension or termination.
(d) IP NUMBERS: MEGAHost maintains control and any ownership
of any and all I.P. numbers and addresses that may be assigned
to the client and reserves in its sole discretion the right to
change or remove any and all IP numbers and addresses.
(e) LIMITATION OF LIABILITY: MEGAHost shall not be responsible
for any claimed damages, including incidental and consequential
damages, which may arise from MEGAHost's servers going off-line
or being unavailable for any reason whatsoever. Further, MEGAHost
shall not be responsible for any claimed damages, including incidental
or consequential damages, resulting from the corruption or deletion
of any web site from one of MEGAHost servers. All damages shall
be limited to the immediate termination of service.
(i) MEGAHost shall be the sole arbiter of what is and is not a
violation of these acceptable use policies. MEGAHost reserves
the right to terminate an account at any time and for any reason
that causes harm to any MEGAHost customer's web sites. MEGAHost
reserves the right to delete all content and files upon termination.
MEGAHost reserves the right to withhold any pre-paid funds for
any site removed for violations of these policies. MEGAHost reserves
the right to refuse, cancel, or suspend service at our sole discretion.
MEGAHost reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies
does not constitute consent.