Megalayer Terms of Service
By using the services from megalayer.net (hereinafter the "Services," defined further below), you signify your agreement to the terms and conditions contained in this Term of Services Agreement (hereinafter, the "Agreement").
This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “customer” "you" or "your" (and appropriate formatives), and megalayer.net. (Megalayer, "we", “us” and “our”).
We value the privacy of our customers, and we strive to use commercially acceptable means to protect it. Please review the Privacy Policy for further details.
Reports of activity in violation of this Agreement may be sent via email to abuse@megalayer.net
Megalayer agrees to furnish your services subject to your complete compliance with our Terms of Service (TOS). Megalayer reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at our sole discretion.
If you have in-use services, it is deemed that you have agreed with Megalayer's Terms of Service. If there is any dispute arising from failure to comply with these agreements while using Megalayer service, Megalayer will not assume any responsibility beyond the agreements and will be borne by the customer. If you have any questions about the service agreements, you contact us via customer ticket for consultation, which is beneficial to the protection of your consumption rights on megalayer.net.
Megalayer Service
Megalayer will provide the customer with the service content described in the order according to the customer's requirements after payment. Megalayer will maintain the normal operation of the service and provide customers with stable services.
Customer Obligations
1. E-mail is one of the important ways for the company to communicate with customers. All the company's notices, including but not limited to service activation, suspension, termination, recovery, network notification, attack alarms, etc., are first sent to customers through this channel. Therefore, customers, it is obliged to maintain the latest email information in the company's system.
2. Any activities performed by customers using the Megalayer service shall comply with the local laws of the data center and shall be monitored and licensed by the relevant departments of the country/region where the product is located. The use of Megalayer's services to publish content that violates the legal rights (including intellectual property rights) of others is prohibited under any circumstances. The regulations to be complied with include but are not limited to the following regulations:
a. Computer Crimes Ordinance
b. Electronic Transaction Regulations
c. Unsolicited Electronic Information Regulations
d. Personal Data / Privacy Regulations
e. Copyright Ordinance
Customers are requested to review and check whether they violate the above laws.
3. Please be sure to comply with the legal requirements of the location of the data center, or the laws and regulations of your own country or region. You may not use any resources of Megalayer to perform or expect to perform any acts that violate the above laws. Megalayer prohibits customers from using our resources for the following purposes:
a. Sensitive political use;
b. Any hacking, placing Trojan horses, viruses, etc. all attacks;
c. Place all illegal content such as fraudulent fishing, pornography, gambling, violent coercion, incitement to hatred, counterfeiting brands, etc.;
d. Placing any unauthorized intellectual copyrights, including but not limited to books, music, software, and videos;
e. Send spam emails;
f. Any actions that may cause Megalayer to be retaliated by the network or affect other customers
g. and any other content that violates local national laws and involves any criminal offense.
Service Term
Megalayer will provide services for customers from the date the customer completes the payment until the customer applies for a refund, arrears, non-renewal, and forgets to renew the fee.
Technical Services
1. Megalayer provides free reinstallation of the system once a month for each server. If the limit is exceeded, Megalayer will charge a reinstallation fee of $5 each time.
2. Customers can freely choose Debian, CentOS, Ubuntu, and other Linux systems, Windows series can choose Windows 2003, Windows2008, etc. (requires self-activation)
Disclaimer
1. Megalayer is not responsible for any of the following situations:
a. The product cannot be accessed (used) or data is lost due to the customer's arrears, non-renewal, or forgetting to renew.
b. The product cannot be accessed (used) or data is lost due to improper customer operations or other related behaviors.
c. Inaccessibility or data loss caused by the customer's website content or customer behavior that violates the customer's obligations in these terms
d. Inaccessibility or data loss caused by major social abnormal events such as wars, armed conflicts, strikes, riots, riots, etc.
e. Inaccessibility or data loss caused by severe disasters such as earthquakes, tsunamis, typhoons, waves, floods, locust plagues, storms, hail, sandstorms, volcanic eruptions, landslides, avalanches, mudslides, etc.
f. Due to reasons beyond our control that lead to widespread Internet transmission failures, such as disasters, man-made sabotage, telecommunication infrastructure failures caused by wars; and large-scale network failures due to hacker attacks.
g. When the service is configured, upgraded, and maintained, the service needs to be interrupted for a short time;
h. Service interruption caused by network adjusting by the operator and power adjusting by the data center.
2. Megalayer reserves the right to do the following when receiving complaints or government and court orders:
a. Shut down the customer service or suspend IP by government order.
b. Receive relevant documents from the court or reconnaissance agency and follow the instructions to provide corresponding data, and evidence or even shut down the customer service.
c. After receiving a complaint from a third party or a lawyer's letter and evidence submitted by an entrusted lawyer, it is necessary to shut down the customer's service and preserve the evidence.
d. When Megalayer's network security department receives a complaint from a third party or IP management department, it will suspend the abuse of the IP address.
e. When Megalayer's network security department actively detects the customer's illegal attack behavior, it will terminate the customer's service or network connection.
f. When Megalayer's telecom suppliers are complained about or investigated due to the customer's information content or behavior, Megalayer needs to cooperate as necessary, including but not limited to submitting evidence or cutting off the customer's use.
3. If the customer violates the above relevant agreements, Megalayer will terminate service, and all payments will not be refunded. Megalayer reserves the right to suspend the service and delete the customer account.
4. Megalayer is not obligated to review whether the customer has a compliance license. Any economic, political, or legal disputes and other issues caused by the customer's business activities shall be resolved by the customer and shall bear all responsibilities. The customer agrees that Megalayer shall not have any responsibility or obligation for this or to third parties in the event of the above-mentioned events.
5. Megalayer provides different types of networks, please choose according to your own needs. The premium network includes the best quality Internet lines directly connected to the data center by the telecom operators in China, as well as routes for accessing international and local data centers, which can maximize the line availability and access quality of global customers accessing the data center. The standard network includes the ordinary lines connecting the telecom operators in China's mainland to the data center, as well as the routes for accessing the international and local data centers. The standard network can provide customers with direct routes to access the data center from all over the world, including the China mainland, but the quality of access (including Delay and packet loss rate) is affected by line congestion, and consistent access quality cannot be fully guaranteed during peak usage periods. The international network includes the routing coverage in the local and international directions of the data center but does not include the direct routing lines connecting the telecom operators in China and Hong Kong. Therefore, the international network only provides direct routes for accessing the international and local data centers. The access routes in the China mainland are not included, it may detour to the third place, so the delay and packet loss rate cannot be guaranteed.
6. Since all Internet resources cannot guarantee a definite SLA, Megalayer does not promise an SLA for the resources it provides, including but not limited to Internet bandwidth, routing path, latency, packet loss rate, computing and storage, etc., so please consider your continuous use when using Demand, use related technologies or more resources to ensure your business continuity.
7. In response to problems in the data center and bandwidth, including unstable situations such as access delay, packet loss, and inability to access caused by domestic and foreign network operators, Megalayer will assist in providing analysis evidence, and will not make compensation or refunds for this, but Megalayer will do our best to cooperate with the network operator and solve the problem as soon as possible.
8. If the user causes the IP delivered by Megalayer to be rejected by certain regions or ISPs, or is detected as a dangerous address by certain software due to their own reasons, Megalayer will not provide IP replacement services.
9. Due to the openness of the network environment and the uncertainty of various hacker attacks, regardless of whether the target of the attack is the Megalayer control system or the user resources delivered by Megalayer, please handle the relevant security issues with caution. You need to always be responsible for the security during your use, including but not limited to data security, password security, system security, security audit, and log audit. Megalayer shall not bear any consequences caused by such network crimes, whether it is property or data loss, information leakage, or more serious indirect consequences, including but not limited to data loss, property loss, transaction loss, and joint and several liability. After the service is delivered, the user is fully responsible for the security of the system. If data is lost due to hacker intrusion, self-operation, account theft, etc., we will not be liable.
10. Megalayer strongly recommends that you do not place your high-value assets on the Internet's resources, including but not limited to valuable securities, bank accounts, virtual currencies, and game equipment.
Network and IP Abuse
Please be aware that we must take appropriate measures to punish IP abuse. IP abuse complaints originate from ISPs or IP holder identification, and Megalayer only enforces the relevant penalties. Megalayer does not condone or authorize any form of network and IP abuse, including but not limited to denial of service attacks, phishing, port scanning, SYN floods, etc. In addition to the detection results of Megalayer's network security department, Megalayer will also deal with abusive emails sent by upstream operators in accordance with the "Abuse Policy", including but not limited to:
1. Any attempt to probe, scan, or test the vulnerability of the system or network;
2. Attacks, including but not limited to, SYN floods, intentional overloading of systems, and broadcast attacks;
3. Password blasting/hijacking, security vulnerability scanning, and port scanning;
4. Unreasonable use of the network, causing interference to other customers;
5. Infringement, including but not limited to unauthorized intellectual copyrights such as books, music, software, videos, etc.;
6. Phishing, fraud, etc.
7. Transmitting obscene materials or child pornography
8. Conducting or participating in illegal gambling
9. Soliciting for pyramids and other illegal schemes.
Data Security
1. Hard disks and storage devices are consumables, even in a hardware in RAID10 environment, there is no guarantee that there will be no failures 100%. Therefore, customers are obliged to be responsible for their own data security. Megalayer strongly recommends that customers perform data backup regularly;
2. Megalayer is not responsible for data loss due to hardware failure or customer abuse, but Megalayer will do our best to assist customers in recovering data and solving problems. If the customer data is lost due to the operation error of our staff or other reasons, Megalayer will actively negotiate with the customer to restore the data and provide the customer with a satisfactory solution according to the specific situation.
Payment and Refund Policy
1. It is the customer's responsibility to follow up the bill in his account and renew the service. When the service expires, the customer's service will face the risk of service suspension, and data loss;
2. Once the service expires, your account will be suspended or deleted, Megalayer has the right to delete the service data without notifying the customer, and Megalayer is not responsible for the resulting data loss;
3. Megalayer does not support refunds for reasons other than Megalayer, including but not limited to services at original prices or special promotion.
Megalayer reserves all rights to make discounts and adjust prices. When the service price changes, it is only applicable to new orders and cannot be applied to existing orders and in-use service. Megalayer reserves the right to modify the service system and price at any time without notifying customers.
Liability for breach of contract
1. If the customer violates the customer's obligations stipulated in the terms of service, Megalayer will directly delete all the customer's data without providing formal backup and compensation.
2. If the customer violates the agreements of service and has serious consequences or adverse effects, Megalayer will not only delete the customer's data, but also not provide backup and compensation, and will actively cooperate with law enforcement authorities in prosecuting Customers who are involved in such violations.
3. The affiliates is the recommendation of one natural person to another natural person. If Megalayer find out that customer recommending own behavior, Megalayer has the right to clear out your affiliates data.
Account and others
1. The customer is responsible for protecting the security of his account and changing the account password regularly. Megalayer is not responsible for the loss caused by the leakage of the account password.
2. The account balance can be used for the consumption of all Megalayer services, and the customer account balance cannot be withdrawn;
3. The prices of our services are all excluding tax.
4. The customer is responsible for keeping his billing data with Megalayer up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. Megalayer reserves sole discretion to determine whether any use of the Services is a violation of this policy. This information is only a guideline and is not intended to be all-inclusive.
5. If you have any questions or objections to the above issues, please choose Megalayer's services with caution or consult your lawyer. If you have any questions about the laws and regulations of the data center's location or the laws you need to comply with, it is recommended that you consult the relevant law enforcement agencies for consultation
Terms of Service Changes
Megalayer reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the Megalayer Network and Services after the posting of any changes will be considered acceptance of those changes. When Megalayer modify TOS, Megalayer revise the latest update date at the bottom. Megalayer recommend that customers check this page frequently to keep up to date with the latest regulations. You know and agree that it is your responsibility to periodically review the most current Terms of Service.
16th February 2024
Megalayer
Saturday, April 11, 2020