Terms of Service for Mgtek Web Services
Domain Names
1. By submitting an order for a domain name does not guarantee that your application for your selected domain name(s) will be successful.
2. Registration of your domain name will ensure that no one else can register the same domain name as long as you pay the registration fees when due.
3. Registration of your domain name does not include any web development or additional web services such as web hosting, web design or email.
4. Renewal of your domain name(s) will be administered by Mgtek as your authorised domain name agent. (If you receive renewal notices from anyone else contact us as there are unsolicited/bogus domain name renewal notices!).
5. Cancellation and Refunds
There are no refunds for domain names once an application has been submitted. If the application is unsuccessful then a full refund will be made available.
Web Hosting
1.) Account Setup
We will setup your account after we have received payment and we have screened the order(s) incase of fraud. It is your responsibility to provide us with a valid email or postal address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Mgtek. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify Mgtek of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
A $30.00 late payment / reactivation fee will be applied to accounts upon non payment and due before any suspended accounts are reactivated.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
We give you an unconditional 30 day money back guarantee on web hosting. Refund requests after 30 days will be not be given.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
We reserve the right to refund a prorated amount or no refund at all.
10.) Price Change
We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from Mgtek’s server.
12.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
13.) Services
The purchase of web hosting does not include any web development or additional web services such as web design, internet marketing or domain names.
14.) Support
All general support requests or webmaster updates will be actioned within 24hrs or the next *business day. We will contact you if additional time is required to complete your request. Urgent technical issues are actioned within 24hrs 7 days a week.
* business day – Mon – Fri 0900 – 1700, excluding public holidays.
15.) Changes to the Terms & Conditions
We reserve the right to revise its policies at any time without notice.
