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Acceptable Uses Policy
Our customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other internet users. Customers are expected to have a basic knowledge of how to use the internet, including all skills required to maintain your account. Customers needing support with syntax involving HTML, CGI scripts, and Java will be done at a charge.
Magicz Online Solutions provides users with a very comprehensive Support and FAQ website as well as a Tutorial site covering File Transfer Protocol, HTML, CGI, and other relevant topics.
Common sense is the best guide as to what is considered acceptable use of your Magicz account. The following are unacceptable uses:
Sites Not Welcome at Magicz
Magicz forbids websites with adult graphic content (softcore and/or hardcore), hatred messages including racism, sexism, or sites promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior. Websites found with child pornography will have their account disabled immediately.
Websites that promote activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Magicz. This includes "warez" sites, sites promoting hacking, cracking programs, or website distribution adult website passwords.
Any site found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a $150 clean-up and service fee upon termination. Magicz reserves the right to delete all of the files in the account and any other accounts maintained by any abuser of these policies. No refund will be given to customers which violate the Magicz Acceptable Use Policy.
Inappropriate Uses
Inappropriate uses include, but are not limited to activities such as unauthorized distribution or copying of copyrighted software (piracy or "warez"), violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
Files such as Layer-3 music (MP3s), Emulators and ROMS protected by copyright laws are strictly forbidden. The use of bots such as Eggdrop or any other programs executed on the server through Telnet are also not allowed. We provide clients the service of providing the means for those respective clients to maintain a website, any other uses that are not related to maintaining a website such as those described above are inappropriate uses of Magicz services.
Trolling, and Mailbombing
Trolling, the posting of outrageous messages to generate numerous responses is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Magicz reserves the right to determine what constitutes abuse of our services.
Tortuous Conduct/Interference with a Business Relationship/Contract
Includes, but is not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Abuse of System Equipment
Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; or resale of access to CGI scripts installed on our servers. Because of the high resource consumption of server-side Java, we do not allow server-side Java applications.
Client Responsibilities
Clients are responsible for frequently backing up their files on our system. Magicz cannot be held responsible for the deletion of users' files, whether intentional or unintentional. Nightly backup of all user files are maintained but no guarantee is made about the ability to retrieve such files.
Spamming
Magicz Online Solutions has a ZERO tolerance for Spam. All Spam complaints are taken seriously. Spam is considered an unethical form of Internet advertising and is becoming illegal in more and more countries.
In addition Spamming can incur substantial monetary fines from any of the providers through which Spam is directed because of the time, resources and expense it can incur for business. Spam is a negative form of advertising and is HIGHLY disliked within the Internet community.
An email is SPAM if it has been sent to an address that was not requested from you. You must not send Spam via our service or send Spam that in any way implicates our services by including the Magicz domains or any other web site associated with Magicz. This includes mentioning a Magicz email address or URL in any bulk email message. Also included in this definition of Spam is any use of Auto Responders as a return email for a Safe list.
If you willfully violate our Spam Policy you will:
1. Have your hosting account suspended or terminated immediately without notice or refund.
2. Forfeit all commissions due if any.
4. Be reported to additional proper authorities to take action against you such as Spam Cop.
5. Be permanently banned from ALL of Magicz Online Solutions' services.
Magicz reserves the right to determine what constitutes a violation of our Spam Policy. The sole opinion of Magicz is ABSOLUTE in determining any and all spam violations.
Definition of Spam
Spam is the sending of unsolicited and unauthorized e-mails or online communications such as but not limited to bulletin boards, usergroups or instant messaging services to individuals or businesses who do not know you personally. Or an email sent to a recipient who would not have a reasonable expectation of receiving email from the sender.
Spam can be a single email or a bulk mailing. Buying a list of emails from a third party and individually or bulk emailing them is considered Spam. Opt-out lists where a person is specifically required to request removal from a mailing list in order to prevent solicitation is Spam. Hiring a company that is mailing out to a list of people with your opportunity that did not specifically request to receive your information beforehand is considered Spam.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.
We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund retroactively withdrawing the discount back to the start date of the contract as well as a penalty fee. This only applies to cancellation by the client. If cancellation is done by Magicz Online Solutions due to restrictions violation, there will be no refund. Magicz Online Solutions will only allow for the discount if cancellation is not the fault of the client, as determined by Magicz Online Solutions. Additional features can be added at any time. Monthly feature prices are not prorated. Magicz Online Solutions reserves the right to change prices at any time.
Complaints about violators of our policies should be referred to abuse@Magicz.com. Each complaint will be investigated thoroughly.
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