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Acceptable
Usage Policy
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HostMagix
is dedicated to providing an all-round top quality service. The
terms and conditions which follow are necessary to ensure that
we may continue to provide the best possible service to all of
our customers whilst at the same time satisfying our legal and
ethical responsibilities.
Failure to follow any term or condition will be grounds for
immediate account deactivation without notice. HostMagix™ will
be the sole arbiter as to what constitutes a violation of any of
these provisions.
Activity which results in the suspension or deactivation of an
account will result in a forfeiture of all fees paid. Complaints
made regarding abuses of an account will be investigated and if
found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these
policies, please contact abuse *at* HostMagix.com
Illegal Usage
HostMagix™ servers may be used for lawful purposes only.
Transmission, storage, or distribution of any information, data
or material in violation of any applicable law or regulation is
prohibited. This includes, but is not limited to: copyrighted
material, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat, or violates
export control laws. Examples of non-acceptable content
or links: Pirated software, Hackers programs or archives, Warez
sites, MP3, and IRC bots. The subscriber to HostMagix™
service agrees to indemnify and hold harmless HostMagix™ from
any claims resulting from the use of the service that damages
the subscriber or any other party.
HostMagix™ will be the sole arbiter as to what constitutes a
violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented
sites, pornography and sex-related merchandising are prohibited.
This includes sites that may infer sexual content, or links to
adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging to
our servers or any other server on the Internet. Links to such
materials are also prohibited.
Security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. Examples include, but
are not limited to the following: Unauthorized access, use,
probe, or scan of a systems security or authentication measures,
data or traffic. Interference with service to any user, host or
network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Server Resource
Any website that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network
resources) will be given an option of either paying extra (which
depends on the resource needed) or reducing the resource used to
an acceptable level. HostMagix™ shall be the sole arbiter of
what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
Cgi script sharing with domains not hosted by HostMagix™.com is
not allowed. Any cgi-scripts deemed to be adversely
affecting the server performance or the network integrity will
be shut down without prior notice. See our Script
usage policy for more details.
Chat Rooms
HostMagix™ does not allow clients to install their own chat
rooms. Chat rooms tend to be large system hogs and we cannot
permit it as an account option. HostMagix™ does provide a
choice of Java chatrooms which should meet most users' needs and
run without hindering the performance of the machine of our
servers.
Background Running Programs and Cron Jobs
HostMagix™ does not allow background Daemons such as IRC bots;
eggdrop; BitchX; XiRCON; and any other program that interferes
with normal server operation.
IRC
HostMagix™ does not allow IRC or IRC bots to be operated on our
servers.
Backups
HostMagix™ performs daily backups on all servers to ensure
critical files are never lost. However HostMagix™ is NOT
responsible for lost data, time, income or any other resource
due to faulty backups or non-existant backups.
Client Responsibility
The client is responsible for all activity originating from the
account unless proven to be a victim of outside hacking or
address forgery. The client is responsible for securing their
username/password. The client assumes responsibility for all
material on their site that may be put on by a third party (such
as the usage of Free For All links pages). Use of HostMagix's
service requires a certain level of knowledge in the use of
Internet languages, protocols, and software. This level of
knowledge varies depending on the anticipated use and desired
content of the web space by the client. The following examples
are offered: Web Publishing: requires knowledge of HTML,
properly locating and linking documents, FTPing Web contents,
Graphics, text, sound, image mapping, etc. FrontPage web
publishing: knowledge of the FrontPage tools as well as Telnet
and FTP understanding and capability. CGI-Scripts: requires a
knowledge of the UNIX environment, TAR & GUNZIP commands,
Perl, CShell scripts, permissions, etc. Mail: a use of mail
clients to receive and send mail, etc. The client agrees that he
or she has the necessary knowledge to create and maintain their
web space. Client agrees that it is not the responsibility of
HostMagix™ to provide this knowledge or support outside matter
specific to HostMagix servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or
through a HostMagix™ server or using an email address that is
maintained on a HostMagix™ machine is STRICTLY prohibited.
HostMagix™ will be the sole arbiter as to what constitutes a
violation of this provision. If you engage in any of the
foregoing activities using the service of another ISP or IPP,
but channeling activities through a HostMagix™ server as a
maildrop for responses, you are in violation. Violators
will be assessed a minimum of $200.00 fine and will face an
immediate suspension. See our NO
SPAM Policy for more details.
Server abuse
Any attempts to undermine or cause harm to a HostMagix™ server
or customer of HostMagix™ is strictly prohibited.
Any sub-networks of HostMagix™ and dedicated servers must
adhere to the above policies. The failure to meet or follow any
of the above guidelines are grounds for account deactivation. We
reserve the right to remove any account without prior notice.
Software Distribution
HostMagix.com's shared Web Hosting accounts are not to be used
for the purposes of distributing software and multimedia
products. If you wish to distribute software and/or
multimedia files, please contact sales *at*HostMagix.com
for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video
files. HostMagix.com Web Hosting accounts are not to be used for
the purposes of distributing and storing unusual amount of
multimedia files. Any Web site whose disk space usage for
storing the multimedia files exceed 70% of its total usage,
either in terms of total size or number of files, will be deemed
to be using unusual amount of multimedia files.
Database
Any database stored on HostMagix.com servers shall be limited in
size to 20% of the total disk space allotted for a particular
domain.
Actions Taken by HostMagix™
The failure by a customer to meet or follow any of the above
policies/terms is grounds for account deactivation. HostMagix™
will be the sole arbiter as to what constitutes a violation of
the AUP. HostMagix™ reserves the right to remove any account
without prior notice.
When HostMagix™ becomes aware of an alleged violation of its
AUP, HostMagix™ will initiate an investigation. During the
investigation, HostMagix™ may restrict a customer's access in
order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, HostMagix™ may, at
its sole discretion, restrict, suspend, or terminate a
customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, HostMagix™
will notify the appropriate law enforcement authorities of such
violation.
HostMagix™ does not issue credits for outages incurred through
service disablement resulting from AUP violations.
HostMagix™ customers agree to indemnify and hold harmless
HostMagix™ from any claims resulting from the use of our
services that damages them or any other party. The HostMagix™
service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a
particular purpose or non-infringement. HostMagix™ expressly
disclaims any representation or warranty that the HostMagix™
service will be error-free, secure or uninterrupted. No oral
advice or written information given by HostMagix™, its
employees, licensors or the like, will create a warranty; nor
may you rely on any such information or advice. HostMagix™ and
its partners and suppliers will not be liable for any cost or
damage arising either directly or indirectly from any
transaction or use of the service.
Modification
HostMagix™ reserves the right to add, delete, or modify any
provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
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