Terms Of Services

 

MagicHost reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. MagicHost strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other MagicHost customers and us against such harm.

 

 

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, three 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 already pre-paid for.

 

If cancellation is done by MagicHost due to restrictions violation, there will be no refund. MagicHost will only allow for the discount if cancellation is not the fault of the client, as determined by MagicHost. All monetary transactions are in ZAR – South African Rands. Additional features can be added at any time. Monthly feature prices are not prorated. MagicHost reserves the right to change prices at any time.

 

Account Cancellation:
You may cancel at anytime. To cancel your account, please contact Customer Service at support@MagicHost.co.za. It is the Clients Responsibility to secure email confirmation from MagicHost that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.

 

If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

 

Indemnification Policy:
You agree to use all MagicHost services and facilities at your own risk. MagicHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MagicHost be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold MagicHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MagicHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MagicHost against liabilities arising out of:

 

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with MagicHost’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from MagicHost’s server.

 

MagicHost shall be the sole judge of what violates this Policy.

 

SPAM Policy:
MagicHost is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the MagicHost network, by customers or any other users of the MagicHost network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the MagicHost server.

 

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a MagicHost email address or web site URL is prohibited. The use of MagicHost servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of R500.

 

If you have any complaints or comments regarding Spam on our network, please direct them via email to support@MagicHost.co.za

 

Content Policy:
All services provided by MagicHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless MagicHost from any claims resulting from the use of the service which damages the subscriber or any other party.

 

Child Pornographic and sex-related merchandising is prohibited on all MagicHost servers. This includes sites that may infer child sexual content, or links to child pornographic content elsewhere. MagicHost will be the sole arbiter in determining violations of this provision.

 

Also prohibited are sites that promote any illegal activity or present content that may be damaging to MagicHost servers or any other server on the internet. Links to such materials are also prohibited.

 

Examples of unacceptable content or links:

·         Pirated software

·         Hacker programs or archives

·         Warez sites

Any illegal activity, including child pornographic content, links to child pornographic content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

 

MagicHost will be the sole arbiter as to what constitutes a violation of this provision.


Abuse of Traffic and Bandwidth:
MagicHost's unlimited plan users are offered unlimited diskspace for their Hosting web sites. The intention of MagicHost is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on MagicHost's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of MagicHost management. Also, upload of MP3/MPEG such video/music related files are strictly prohibited, unless for personal site music usage and not for users to take this advantage to provide MP3/MPEG's download services. Any customer who violates MagicHost's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

MagicHost will be the sole arbiter as to what constitutes a violation of this provision.

 

Email Policy:
MagicHost may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

 

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other MagicHost customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

 

Chat Policy:
MagicHost does not allow chat rooms using mIRC. Other chat rooms are like the Chat program that comes with Cpanel default installed is fine. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

 

Traffic Policy:
MagicHost allows for very generous traffic, and most sites never exceed 10GIG per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. MagicHost customers are discouraged from storing any files that cause excessive traffic on MagicHost servers. Please contact MagicHost Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

 

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

 

Any deliberate attempt to cause damage to MagicHost or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

 

All account plans come with a predetermined amount of traffic allowance. And if the monthly traffic allowance is exceeded, user would be required to upgrade their account to the next better plan.

 

Uptime Guarantee:
MagicHost has a 100% monthly uptime guarantee as of 01 November 2005. We use an independent monitor to track our uptime. For every 0.01% below our guarantee, a refund of 1% of the monthly price will be issued. Refunds will be given to clients that request them.

 

Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any other information. The "Backup Manager" is included in each hosting plan and the client can use this tool to back up their files. If loss of data occurs due to an error of MagicHost, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, MagicHost will attempt to recover the data from the most recent archive for a R200.00 fee.