1. These POLICIES apply to any and all websites serviced and/or designed and/or hosted and/or any other service or services performed by and/or product or products produced by MEGMIND®, Inc. (may also be referred to as megmind, megmind.com, MEGMIND, MEGMIND®, MEGMIND® Web Services) or any of MEGMIND®, Inc.'s subsidiaries (dba's).
2. MEGMIND®, Inc. is able to provide CUSTOMERS with unmatched speed, power, and performance only by ensuring that all system policies are enforced. It is the responsibility of all MEGMIND®, Inc. CUSTOMERS to read and abide by our system policies.
3 . CUSTOMERS of MEGMIND®, Inc. are forbidden from partaking in an "abusive practice." The following is a list of current abusive practices. MEGMIND®, Inc. reserves the right to add to or modify this list at any time.
4. Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited e-mail is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.
5. Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder. Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any prepayment.
6 . MEGMIND®, Inc. hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The client specifically agrees to indemnify and hold harmless MEGMIND®, Inc. from any claim resulting from a breach of these TERMS, and/or the use of the service which damages another.
7. SPAM/UCE Usage Policy: The growth of the Internet has brought about more possibilities for abuse of this new communication medium. To help prevent abuse MEGMIND®, Inc. has developed the following policies regarding abuse of Internet services. These policies were established to protect you (our CUSTOMER) from Internet harassment and intrusions of privacy. “Netiquette” is a term which has come to receive widespread use on the Internet.
8. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet.
9. The Internet has no single governing body. There is no Internet Management to complain to when things go wrong. Every facet of the Internet is overseen by individual organizations (such as MEGMIND®, Inc. ) whose networks are interconnected to form the Internet. Additionally, every user of the Internet is responsible for his/her own behavior. Due to the decentralized system of responsibility, the Internet has managed to retain a sense of “community”. Even though many large, commercial entities have recently come online, most of the information on the Internet is made available through the efforts of Internet citizens around the world who have a desire to simply share information with other people.
10. Due to the fact that the Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single newsgroup posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. Therefore, someone using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved.
11. Aside from the financial costs, individuals who have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. For example, someone besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail; also called "UCE" meaning Unsolicited Commercial E-mail) spends additional time downloading and responding to e-mail which was not requested in the first place. A newsgroup subscriber may see their favorite newsgroup overrun with meaningless off-topic advertisements; thus, obscuring any effective information still remaining in that newsgroup.
12. When a MEGMIND®, Inc. CUSTOMER performs one of these abusive activities, MEGMIND®, Inc. pays the price as well. The additional time MEGMIND®, Inc. employees spend responding to complaints could be better spent providing other services. If your domain name appears anywhere in the e-mail headers, we will get complaints. In particularly egregious incidents, angry Internet users have been known to “mail bomb” an ISP by setting up programs to send so much e-mail that the ISP’s mail server crashes thereby denying e-mail access to every CUSTOMER of the ISP. Our system is robust enough to escape most of these types of activities. However, we MEGMIND®, Inc. cannot escape every undesirable activity.
13. Due to the potential consequences of this type of activity, MEGMIND®, Inc. disapproves of this type of behavior by its CUSTOMERS. Any MEGMIND®, Inc. CUSTOMER who abuses the resources of the Internet in any of the following ways will lose their access to the MEGMIND®, Inc. network permanently. This includes:
Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail.
Posting messages to multiple Internet newsgroups which are not immediately relevant to the topics of the newsgroups.
Posting advertisements on groups that don’t specifically permit advertising. (How do you know? Watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Do not advertise unless you are sure.)
Using the network or website for any illegal purpose.
14. MEGMIND®, Inc. reserves the right to cancel the account of any subscriber who advertises inappropriately especially through the use of unsolicited mass mailings and spamming using USENET.
15. Any subscriber who violates the SPAM policies of MEGMIND®, Inc. will be at the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm) for the time it takes to “clean up” the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the “mail bombing” or other actions of the recipients in response to the SPAM.
16. MEGMIND®, Inc. will supply the name and all account/CUSTOMER information of any person or persons found to be in violation of any laws to the appropriate State and/or Federal officials for further legal action.
17. CGI Usage Policy: Our servers are not your testing platforms. User accounts are on high end, live server responsible for maintaining many accounts. Your server space is being provided to display your finished product to the Web - NOT for testing purposes. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that the on duty administrator deems to be potentially threatening to the overall performance of our Web server will be terminated immediately and your account access will be locked out. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files.
Please note the following cgi usage policies:
The script must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to termination, and/or additional fee.
Each user account may not use more than 1% of system resources at any given time.
Scripts may not interact with any server configuration or hardware. Users running scripts that interact with any server configuration or any hardware will be subject to immediate cancellation of the user account without refund.
The script can be used and referenced from any site on the Internet (i.e. free counters, etc.); however, scripts must stay within the allowable usage of our system resources. Additional monthly charges will be incurred if and account uses more resources than a single user account is entitled to.
The script must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
Scripts must be secure. Unnecessarily chmoding scripts to 777 is a policy violation.
Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation.
Any accounts with scripts found in violation of any MEGMIND®, Inc. , policy are subject to future scrutiny of all cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by MEGMIND®, Inc. to kill and/or disable a script and/or to lock an account will be billed to the account at the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm). Malicious scripts are subject to immediate account cancellation.
The root word of chmoding is chmod. Chmod means "change mode". In a UNIX-based operating system, chmod (change mode) is a command used by a file owner to change the definition of access permissions to a file or set of files.
18. Bandwidth Policy: The official MEGMIND®, Inc. policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it's allotment of bandwidth for its type of account, the CUSTOMER will be charged an additional $20.00 per GB over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the CUSTOMER is responsible for higher charges based on the amount of data transfer. The CUSTOMER acknowledges, in advance, that he/she will be charged an additional $20.00 per GB per month if the bandwidth exceeds the allotment for the users account. This term and condition is non-negotiable.
19. By having MEGMIND®, Inc. perform any service or services you and/or your legal entity acknowledge that you have read and agreed will and must abide by all TERMS, RIGHTS AND POLICIES as listed on the MEGMIND®, Inc. Terms website page at www.megmind.com/terms.htm and MEGMIND®, Inc. Rights website page at www.megmind.com/rights.htm and MEGMIND®, Inc. Policies website page at www.megmind.com/policies.htm. Any violation of any of the MEGMIND®, Inc. TERMS, RIGHTS AND POLICIES will result in an immediate account cancellation and/or service and/or product termination without refund and/or no access to hosted files, and/or no access to any website files, or/and any no access to other services and/or products developed by MEGMIND®, Inc. for CUSTOMER. This AGREEMENT or any other MEGMIND®, Inc. AGREEMENT is not assignable or transferable without the express written consent of MEGMIND®, Inc. The MEGMIND®, Inc. TERMS, RIGHTS AND POLICIES constitutes the entire AGREEMENT between the MEGMIND®, Inc. and CUSTOMER.

top of page