Terms and conditions

Terms of Service: Policies and Legal Information
Revision: Jun 24, 2004

By signing up with our services, you accept all these policies and rules. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies you may have your account terminated.

1.1 Service

Magnet Hosting is pleased to offer all its customers great customer and technical support. In order for Magnet Hosting to continue to provide these great services, there has to be good communication and cooperation both from our side, as well as from customer's side. The following policies and rules, have been created in order for us to have good relations with the customer - and to keep the services running smoothly. By signing up with our services, you accept all these policies and rules. You understand that by following these rules, you will be able to get the most out of our provided services, and that by violating any of these policies can result in deactivation of your account with no refund.

2.1. Liability

The subscriber agrees to hold Magnet Hosting harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Any and all material within a subscriber's account, is property and responsibility of that subscriber (unless the material is copyrighted, trademarked, etc...)
Magnet Hosting shall have no liability whatsoever for any direct, indirect, incidental, special or consequential damages or losses (including, without information, or any other pecuniary loss) of Client or Client's customers or suppliers that result from the use of inability to access the Site or from the services provided by Magnet Hosting, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance.
In any event Client's recovery for any and all damages, losses and causes of action arising under this Agreement, whether in contract, tort or otherwise, shall not exceed the aggregate dollar amount paid by Client for the monthly service period during which the claim arose during the term of this Agreement.

2.2. Violating Material

If material is found within a subscriber's account, that is violating any of the policies and rules listed on this page, that subscriber will be held liable for the content. This includes material located at the subscriber's anonymous FTP.

3.1. Content

Any and all services provided by Magnet Hosting may be used for legal purposes only. This means, that illegal material is strongly prohibited. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State and/or City law, is prohibited. Any data that violates international laws, is forbidden as well. All content that we judge threatening or obscene, and/or material protected by trade secret and other statue can and will be reviewed by Magnet Hosting. Any material that fits into any of the above and below cases, can be deleted with no prior warning by Magnet Hosting.

3.2. Unacceptable Content

Magnet Hosting forbids any material that IS listed below. This includes links or any material referring to the following:
a. Pirated software.
b. Hackers material
c. Child pornography
d. Warez Sites (Cracks to licensed software for example)
e. Illegal audio/video (illegal mp3, illegal recorded samples)
Magnet Hosting will be the sole arbiter as to what constitutes a violation of this provision. You will be notified in time, and you'll have to remove (censor) the material we'll point out, immediately. If Magnet Hosting will need to contact you more than 3 times about a violation caused by you, your account will be discontinued with no refund.

3.3. Adult Sites

Magnet Hosting will host any adult site as long as no child pornography or copyrighted materials are distributed.

3.4. MP3 Distribution Sites

Magnet Hosting will not host any sites used for MP3 file trading through anonymous ftp or web.

4.1. Through Traffic

You may not use our servers for through traffic. This means, that if you want to download any material from a remote FTP server to your account directly (server to server), then this is not acceptable. This is usually done, when a person wants to download illegal material, or material from a very popular website, whose FTP server is extremely slow.
If this policy is unclear to you, your customer, or any party directly involved in webhosting on any Magnet Hosting server, then please contact us with specific questions.

5.1. Chat Software

We allow only chat software that is written in PHP/MySQL as long as it does not take too much system resources to operate.

5.2. IRC and IRC bots

We currently do not allow IRC or IRC bots to be operated on our servers, sorry. These tend to be huge system resource hogs.

6.1. Crontabs

Crontabs are not allowed.

6.2. Background Processes

We don't allow for customers to setup their own background programs. Background programs can and do slow down servers.

7.1. Spam - Commercial Advertising Email

As long as multiple recipients haven't agreed to be on your mailing list, then spamming, or sending unsolicited email, from a Magnet Hosting server or using an e-mail address that is maintained on an Magnet Hosting machine OR advertising a site hosted on an Magnet Hosting server is STRICTLY prohibited. Magnet Hosting scans the system and will be the sole arbiter as to what constitutes a violation of this provision.

8.1. Server Usage

Many things can slow down a server. In order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. Magnet Hosting reserves the right to kill any process (i.e. end a software's execution) that is overloading a server, or slowing it down heavily.

8.2. Server Abuse

Any attempts to undermine or cause harm to a Magnet Hosting server or customer of Magnet Hosting is strictly prohibited, and is followed by deactivation of account with no refund.

8.3. Network and Server Usage

Any accounts using constantly more than 20% of the network and system resources will be notified. Magnet Hosting will ask those accounts (using over 20% constantly) to remove certain material if those accounts are willing to stay, else those accounts will be asked to leave in order for all other clients to be able to benefit from speed and fast service.

8.4. Traffic usage

All customers who exceed their traffic would have their accounts automatically suspended. A short e-mail reminder notice will be sent when traffic usage reaches 90% and 100% after which the account would be deactivated. Failure to receive this notification would not be considered as a reason for complain. Magnet Hosting is not responsible for any loses users may have because of automatic site deactivation. It is customer's responsibility to monitor regularly his/her site through the control panel.

8.5. Additional traffic

Additional traffic that has not been consumed during the current pay period will be automatically carried for the next pay period.

9.1. Refunds

In order for a customer to be eligible for a refund, no policy violations may have been made by the customer.

9.2. Acceptable Refunds

All refunds requested with a valid complaint will get a refund of the month's hosting. A valid complaint is determined by Magnet Hosting. These include but are not limited to:
Magnet Hosting server down for several days in a row
No service provided in over a week
IF customer can support or prove his or her complaint in a valid manner
Magnet Hosting overcharged credit card

9.3. Unacceptable Complaints for Refund

Some customers will request refunds, whereas their reasons are not valid. These include, but are not limited to:
Slow connection caused by client's ISP/network
Client's ignorance and/or negligence
Already having logged in to his or her account many times
Nonpayment for service by customer

10.1. Payments

Upon signup each user is assigned an internal payment account called Wallet. Initially the Wallet would have zero ($0.00) balance. All recurring charges are attached to the Wallet, not to the credit card of the user. It is customer's responsibility to ensure that the Wallet contains sufficient amount to cover upcoming payments. Users that do not have enough funds on their Wallet account will receive an automatic e-mail reminder. Failure to rebill next month fee would result in immediate account suspension. Suspended accounts would be kept 1 month. Exceptions may apply.

10.2. Domain name registrations

If a customer registers domain name through Magnet Hosting then he/she authorizes Magnet Hosting to register the name using his/her contact information provided during signup.

11.1. Violations

If a serious violation of any policy, warning and/or rule has been committed, Magnet Hosting reserves the right to block a user from hosting services for a lifetime, with no refund.

12.1. Cancellations

Magnet Hosting will continue to provide service to a customer, until a written cancellation notice is received from the customer. A written notice must be sent by FAX, e-mail or regular mail. Customer will be asked for random information to verify identity; until the customer has not provided correct identity information, Magnet Hosting will not cancel the account. In order for a cancellation to be valid, Magnet Hosting must confirm the cancellation. It is customer's responsibility to make certain that this confirmation is received. All confirmations by Magnet Hosting are made via e-mail (not by phone, not by FAX, not by regular mail or any other method).

All charges will cease only after the cancellation notice has been received from the customer and confirmed by Magnet Hosting.

If any terms or conditions are failed to be followed, it will result in grounds for account deactivation. We reserve the right to remove any account with 5 days prior notice.

Any contents on this page is subject to change without prior notice. Customer is responsible for regularly reviewing these Rules and Regulations (policies). Continued use of Magnet Hosting services following any such changes shall constitute the Customer's acceptance of such changes

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