Our
AUP ( Acceptable Use Policy ) and TOS (Terms of Service) policies
are provided to give our customers and users a clear understanding
of what Net Magic expects of them while using the service.
To all users of Net Magic Internet services:
Those who access some of our Services but do not have accounts,
as well as those who pay a service fee to subscribe to the Services,
must comply with this AUP and our TOS (Terms of Service). Use of
Net Magic Service constitutes acceptance and agreement to Net Magic
AUP as well as Net Magic TOS (Terms of Service)
We support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under normal
circumstances. Similarly, we do not exercise editorial control over
the content of any web site, e-mail transmission, newsgroups, or
other material created or accessible over or through the services,
except for certain proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability,
or which may violate this AUP.
Net Magic may cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the suspension
or immediate termination of either your Net Magic account. This
document is intended to provide a basic understand of Net Magic
Acceptable Use Policy.
The following are guidelines for the establishment and enforcement
of Net Magic AUP:
Ensure reliable service to our customers.
Ensure security and privacy of our systems and network, as well
as the networks and systems of others.
Comply with existing laws Maintain our reputation as a responsible
service provider.
Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services.
Preserve the value of Internet resources as a conduit for free expression
and exchange of information.
Preserve the privacy and security of individual users Net Magic
intends to provide its customers access to everything the Internet
has to offer.
While Net Magic is firmly committed to the principles of free speech,
certain activities that may be damaging to the resources of both
the Net Magic and the Internet and cannot be permitted under the
guise of free speech. The resources of the Net Magic and
the Internet are limited, and abuse of these resources by one user
has a negative impact on the entire community. We do not routinely
monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in
our efforts to promote good citizenship within the Internet community,
we will respond appropriately if we become aware of inappropriate
use of our service.
You may not use your virtual site to publish material, which Net
Magic determines, at its sole discretion, to be unlawful, indecent
or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings.
If a Net Magic account is used to violate the Acceptable Use Policy
or our TOS, we reserve the right to terminate your service. We prefer
to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the Acceptable
Use Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall not be
construed as a waiver of our right to do so at any time. As a member
of our network community, you must use your Internet access responsibly.
If you have any questions regarding this policy, please contact
us at Net Magic.
VIOLATIONS OF Net Magic TOS/ACCEPTABLE USE POLICY
Examples of what Net Magic considers non-acceptable content and/or
links to such.
Pirated software
Bulk Email /Spam related products
Illegal Pornography/Nudity
Adut content of any type
Warez/Adults/Cracked products forum/blog
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Free Hosting of any kind
Game sites
Public Download Sites of any kind(computer applications,games,mobile
apps)
Proxy Sites
Bulk File Storage and Streaming Audio/Video hosting
User Forums containing links to material that violates our TOS
Content or links to sites that are detrimental to public policy,
health and welfare
No rapishare related scripts (accepted on our special server)
Resource Usage
User may not:
Use 21% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
Abusing our staffs of any kind.
Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer on shared servers.
Run any software that interfaces with an IRC network.
Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers etc
Run cron entries with intervals of less than 15 minutes
Any
abuse of our staff in any medium or format will result in the
suspension or termination of your services as well as voiding
any refund policies promised.
VIOLATIONS OF Net Magic ACCEPTABLE USE POLICY
We
do offer money back guarantee of 30 days for our shared, reseller
and master reseller plans. However we do not offer moneyback guarnatee
for VPS plans as well as Dedicated server packages.
The following constitute violations of this AUP:
Illegal
use:
Net Magic services may not be used for illegal purposes, or in
support of illegal activities. Net Magic reserves the right to
cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
Harm
to minors:
Use of the Net Magic service to harm, or attempt to harm, minors
in any way, including, but not limited to child pornography.
Threats:
Use of the Net Magic service to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
Harassment:
Use of the Net Magic service to transmit any material (by e-mail,
uploading, posting or otherwise) that harasses another.
File
backup:
The users are responsible for files in their hosting account.
So they must backup their important files in local pc , If your
account is terminated /suspended because of breaking our TOS,
then we can not provide you ,your files. So all users are requested
to take their account's backup at least once in a week. We are
NOT responsible for any file loss / modifications in your account
due to hacking / illegal activity problems.
Backup File Storage:
For the maximum performance and for getting sufficient storage
space for all the users, a user may not store the backup of their
site in this server. Users can generate backup and download it
to their pc within 24 hrs
Fraudulent
activity:
Use of Net Magic service to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial
scam such as "pyramid schemes," "ponzi schemes,"
and "chain letters."
Forgery
or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames
does not constitute impersonation. Unsolicited commercial e-mail
/ Unsolicited bulk e-mail (SPAM) Use of the Net Magic service
to transmit any unsolicited commercial or unsolicited bulk e-mail
is expressly prohibited. Violations of this type will result in
the immediate termination of the offending Net Magic account.
E-mail
/ News Bombing:
Malicious intent to impede another person's use of electronic
mail services or news will result in the immediate termination
of the offending Net Magic.
E-mail
/ Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the Net Magic service
is in violation of this AUP.
Usenet
Spamming:
Net Magic has a zero tolerance policy for the use of its network
for the posting of messages or commercial advertisements, which
violate the rules, regulations, FAQ or charter of any newsgroups
or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited
by the recipients are permitted.
Unauthorized
access:
Use of the Net Magic service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Net Magic or another entity's computer software
or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption
or loss of data, is expressly prohibited and the offending Net
Magic account is subject to immediate termination. Accessing shell
without permission is prohibitted and may cause the account suspension.
Copyright
or trademark infringement:
Use of the Net Magic service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the unauthorized
copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources,
and the unauthorized transmittal of copyrighted software.
Collection
of personal data:
Use of the Net Magic service to collect, or attempt to collect,
personal information about third parties without their knowledge
or consent. Network disruptions and unfriendly activity: Use of
the Net Magic service for any activity which affects the ability
of other people or systems to use Net Magic services or the Internet.
This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited.
It is the Member's responsibility to ensure that their network
is configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network for illegal
or inappropriate actions. A Subscriber may not permit their network,
through action or inaction, to be configured in such a way that
gives a third party the capability to use their network in an
illegal or inappropriate manner. Unauthorized entry and/or use
of another company and/or individual's computer system will result
in immediate account Net Magic will not tolerate any subscriber
attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results
in corruption or loss of data.
Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving
it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or
causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result in
the immediate termination of the offending account.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using Net Magic services could
result in suspension service.
Downloads:
In order to maximize uptime on our servers, media, backups, warez,
are forbidden on the server. Video/Game/Music targeted sites are
not allowed.
Third Party Accountability:
Net Magic subscribers will be held responsible and accountable
for any activity by third parties, using their account, that violates
guidelines created within the Acceptable Use Policy.
Violation Of Net Magic Virtual Accounts:
It is absolutely forbidden to host illegal pornographic content
whereas the subjects are under the age of majority, or IRC servers
on Virtual Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation without
refund.
Security:
You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a client, friend, family
member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account. In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network
or server.
Your password provides access to your account. It is your responsibility
to keep your password secure.
Sharing your password and account access with unauthorized users
is prohibited. You should take care to prevent others from using
your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security
of any host, network or account. This includes, but is not limited
to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to
access, or probing the security of other networks. Use or distribution
of tools designed for compromising security is prohibited. Examples
of these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host
or network ("denial of service attacks"). This includes,
but is not limited to, "flooding" of networks, deliberate
attempts to Overload a service, and attempts to "crash"
a host.
Users who violate systems or network security may incur criminal
or civil liability.
Net Magic will cooperate fully with investigations of violations
of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected
criminal violations.
REPORTING
VIOLATIONS OF Net Magic AUP & TOS
Net Magic requests that anyone who believes that there is a violation
of this AUP & TOS to direct the information to the Abuse Department
at Net Magic If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time
zone or offset from GMT
Evidence of the alleged violation E-mail with full header information
provides all of the above, as do system log files. Other situations
will require different methods of providing the above information. Payment dues: All hosting accounts
will be suspended the next day of payment due date and will terminate
after 3-5 days from the due date if the payment is not received,unless
otherwise there is a hold.
Net Magic may take any one or more of the following actions
in response to complaints:
Issue written or verbal warnings
Suspend the Member's newsgroup posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages,
if any, cause by violations
Net Magic reserves the right to suspend/close any accounts with/without
any prior notice.
