These Terms and Conditions (Agreement) govern the use of the product package that is provided by Mega Holding Ltd. (Company) to purchasers and distributors/re-sellers of the Company. They, including any policies referred to herein, represent the full agreement and understanding between Mega Holding Ltd. and the purchasers and distributors/re-sellers of our product package and supersede any other written or oral agreement.
By purchasing the product package and accepting the terms and conditions of a distributor/re-seller, you agree to be bound by these Terms and Conditions as set out herein. The Company reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that the Company believes to be detrimental to its business or the Company’s Management or other purchasers or distributors/re-sellers, and for conduct where the use of the product package is detrimental to any other party.
The Company may, at its sole discretion, change or modify this Agreement and policies at any time, with or without notice. Such changes or modifications shall be made effective for all purchasers and distributors/re-sellers upon posting of the modified Agreement on the Company’s website, Megaholdings.org. Notwithstanding the right to alter these Terms & Conditions without prior notice, the Company may, at its sole discretion and as a courtesy to all affected purchasers and distributors/re-sellers, make an effort to provide 7 days advanced notice of any alteration of these Terms & Conditions if the said alteration may materially and adversely impact said purchasers and distributors/re-sellers’ use of the product package.
Purchasers and distributors/re-sellers are advised to read this Agreement from time to time to ensure that your use of the product package and distributorship remains in compliance with this Agreement.
2. Product Package
The Company offers purchasers a product package which includes domain name registration, website hosting, and email hosting for the duration of the term purchased from the Company.
Product package is provided on the basis of facility and equipment availability. The Company reserves the right not to provide one or more of the mentioned items where necessary facilities or equipment are not available, or for any other reason.
The Company provides purchasers with a non-exclusive, non-transferable, limited license to use the Mega product package. The Mega product package is developed and owned by the Company and any reproduction, modification, creation of derivative works from or redistribution of the Mega product package and facility is expressly prohibited. The Mega product package and facility, its structure, sequence, organization and source code are considered trade secrets of the Company and are protected by trade secret laws.
The Company does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials ("User Content") submitted using the Mega product package. Purchaser is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via the Mega product package.
You agree that all User Content is non-transferable and non-transportable. The Company will not assist any purchasers with any reproduction, recovery, or distribution of any User Content. Upon product package cancellation or termination for any reason, access to the Mega product package, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Mega product package, will be removed by the Company.
The Company makes no representations or warranties, either expressed or implied, with respect to the images offered through the Mega product package (the "Images").
In the event of a dispute regarding any Image obtained via the Mega product package, you hereby release the Company, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. The Company is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.
You may only use the Images on your website, while the website maintains an active product package purchase from the Company.
3. Account Renewal
Purchaser confirms that the obligation to renew his/her product package and Domain is solely and exclusively the responsibility of the purchaser. The purchaser must renew his/her product package and Domain at least 7 days before the expiry date. The Company is not responsible for the failure on the part of the purchaser, for whatever reason, to renew the said account or said Domain.
Unless purchaser’s account is renewed before expiration, access to the website and email servers shall be terminated upon expiry of the product package term.
The Company's email service provides purchasers with the capability to send and receive email via the Internet. The Company retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email product to other purchasers and to protect our computer systems.
As an owner and operator of the equipment and other resources utilized to provide product package facilities, the Company has the legal right to block electronic communications from other entities on the Internet.
5. Definition of Unlimited Usage
The Company’s "Unlimited" service is provided in a shared hosting environment. "Unlimited" does not mean that any account can support the greater web product package needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Any account found to be adversely affecting the performance of other purchaser accounts by excessively using network bandwidth, server storage and memory or CPU resources; may result in the account product package being suspended or terminated, with or without notice.
The Company, in the interest of providing fair usage opportunity to all purchasers, provides an initial limit cap on data transfer and storage facility to each purchaser. Where the purchaser needs additional data capacity, purchaser may request through Customer Support to increase the data capacity as and when the need arises, subject to Company’s review and approval.
Reselling any of the product package’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.
However, re-selling the Company’s product package to earn commission is allowed for distributors/re-sellers as provided under Clause 20 of this Agreement.
6. Domain Name Registration
You agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. The Company is authorized to deny any such transfer requests.
You agree that the Company may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.
Purchasers are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchaser’s registration term.
The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes. General Domain Transfer Fee (.com, .net, .org, biz, .info) US$15.00
7. Termination/Refund Policy
The Company may terminate your product package under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the product package disrupts the Company’s business operations or affects any other party
Upon termination, all purchaser data is removed from the Company’s system.
If your product package purchase is cancelled within the Cooling-off period of 14 days, you will be given a refund of product package price as follows:
|Refund Amount||Conditions at Time of Cancellation|
|*90% of Price||There is NO downline placement in genealogy.|
|*80% of Price||There is already one or more downline placements.|
The Company reserves the right to grant or deny any refund request.
However, Domain name registrations cannot be cancelled and will remain in effect until the end of the registration term.
8. Purchaser Responsibility and Account Ownership
When you apply to purchase Mega product package, you will be asked to create a purchaser ID and Password. The purchaser ID and Password are the means through which you access the product package. You agree that it is your responsibility to safeguard the purchaser ID and Password you have created from any unauthorized use. In no event will the Company be liable for the unauthorized use or misuse of your purchaser ID or Password.
Purchaser Account’s ownership is not transferable for customers in Germany and 27 other European Union countries. It can be allowed for other non-EU countries, subject to application being made on the ownership change form and the Company’s approval at its sole discretion.
Purchasers are responsible for maintaining accurate account information, including contact information, at all times. This information can be updated in your Personal Profile panel.
9. Acceptable Use Policy
Purchasers understand and agree that Mega product package is subject to the terms and conditions of the Company’s Acceptable Use Policy which can be viewed here.
Except when instructions are posted on the Company’s website, any other notice required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided in your Personal Profile. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
12. Company’s Reserved Rights
The Company reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate.
- Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees and for providing fraudulent payment information.
- Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against the Company or any of partners, whether or not such legal action or threatened legal action is eventually determined to be with or without merit.
- Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities which the Company considers to be harmful to its other purchasers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time when necessary, without penalty or liability to the Company.
You agree that it may be necessary for us to temporarily suspend the use of the product package for technical reasons or to maintain network equipment or facilities, with or without notice.
13. Limitation of Liability
The Mega product package is provided on an "as is" and "as available" basis and the use of the product package is at your own risk. The Company makes no representations or warranties, either expressed or implied, with respect to the product package, or any facility or information provided through the product package. The Company is not responsible for any damages, injury or economic loss arising from the use of the content or facility provided by the Company.
In no event will the Company be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the product package or in connection with your website or any other facilities or products provided to you.
The Company, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the product package or of your website.
In no event shall the Company be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold the Company harmless from and against, and to reimburse the Company in respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by the Company by reason of or arising out of or in connection with:
- Any breach of this Agreement by you.
- Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
- Illegal, pornographic, or discriminatory content on your website.
15. Distributor/Re-seller of Mega Products
A Mega purchaser may opt to become a Distributor/Re-seller of Mega Products. Upon accepting the applicable terms and conditions of the Distributor’s Bonus Policy, the Distributor/Re-seller shall enjoy the commission receivable as specified in the Bonus Policy found in the virtual office.
The Company reserved the absolute and exclusive rights to amend, alter , review , adjust the Bonus Policy in any manner and at any time on which payouts in the form of overrides, commissions and bonuses are paid out from the Bonus Pool. The incremental or decrements in the number of steps or dollar value of bonus points or sales value for the achievement of sales volume in order to qualify for a given achievement level may be also adjusted accordingly in the event the Bonus Pool encounters adverse or other liquidity situations.
A Mega Distributor/Re-seller shall continue to enjoy such applicable commission unless he/she ceases to be a distributor/re-seller on the expiry of his/her account, or on his/her own accord, or his/her account has been terminated for violation under Clause 1 or he/she ceases to be active under Clause 17 of these Terms and Conditions.
16. Force Majeure
The Company will not be liable for any delay, interruption or failure in providing facilities if caused by acts of nature, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay providing services.
17. Governing Law and Dispute Resolution
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of Hong Kong.
In the event of any dispute, both parties (Purchaser and Company) agree to resolve the matter in the first instance through Arbitration by appointing an Arbitrator.
You hereby waive your right to institute legal proceedings in any other jurisdiction. The Company, however, shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
18. Sanction Limitation and Exclusion Clause
The Company does not provide any services to and has no business transaction, directly or indirectly where the provision of such services would expose the Company to any sanction, prohibition or restriction under United Nations resolution or the trade or economic laws or regulations of the European Union, Japan, United Kingdom or United States of America in particular to any individuals or entities listed under the United States OFAC.
The Company does not provide any service to and has no business transaction, directly or indirectly, with any individuals or entities listed under the OFAC (Office of Foreign Assets Control) SDN (Specially Designated Nationals and Blocked Persons) List. As such, the Company does not accept purchase of website hosting package from any individuals or entitles under the SDN list. The Company shall not be responsible to pay any claim or provide any benefit to any individuals or entities listed under the SDN list, whether occasioned by an oversight or through misrepresentation, to the extent that the provision of such benefit would expose the Company to any sanction, prohibition or restriction under OFAC regulations.
19. Age of Majority
The Company does not accept agreements and payments from persons under the legal age of 18 years. By submitting your purchaser application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
20. Severance Clause
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
21. Deletion of Expired Hosting Accounts
Expired Hosting Accounts not renewed after three (3) months shall be permanently deleted from the Company’s system. Upon deletion, any balance in the account statements shall automatically become null and void. No claim will be entertained.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
23. English Language to Control
In the event of any disagreement over the interpretation of this contract, the English text version shall control.