Terms Of Service

Our AUP ( Acceptable Use Policy ) and TOS (Terms of Service) policies are provided to give our customers and users a clear understanding of what Netmagics.com expects of them while using the service.

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 Netmagics.com Service constitutes acceptance and agreement to Netmagics.com AUP as well as Netmagics.com 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.

Netmagics.com 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 Netmagics.com account. This document is intended to provide a basic understand of Netmagics.com Acceptable Use Policy.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. 

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

The following are guidelines for the establishment and enforcement of Netmagics.com 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 Netmagics.com intends to provide its customers access to everything the Internet has to offer.

While Netmagics.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Netmagics.com and the Internet and cannot be permitted under the guise of free speech. The resources of the Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com.

Affiliates

Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.

You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period.

The refund procedure will be initiated within 24 hours once we receive your cancellation request. Once initiated, the amount will be reversed to the source of your payment within 7-10 working days.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by Netmagics.com through other companies.

No refunds are provided for VPS or Dedicated servers under any circumstances.

No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

Dedicated servers are except from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable.

Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee.

30 Days Money Back Guarantee only apply to new hosting customers with no previous shared hosting or reseller accounts with Netmagics.com. Only ONE (1) refund per client is allowed. Activation of certain bonus items including, but not limited to, Domain Registration, Dedicated IP, SSL Certificate and Private Label Helpdesk voids the money back guarantee.

Any funds sent to Netmagics.com which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

SLA Conditions

If your service drops below 99.9% uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.

Any planned maintenance work is except from this guarantee and will be ignored. Dedicated servers currently have no SLA.

Uptime level is calculated by our status page and monitors only.

Free Domain Conditions

Only one domain will be registered free of charge per account.

Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

If you cancel your hosting before the 3 month paid period Netmagics.com reserve the right to cancel or resell your domain.

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.

Your unique customer username will be on this receipt and should be used for an enquires to Netmagics.com.

Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at support@Netmagics.com

Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.

The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method

Web Hosting

These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with Netmagics.com. By using your Netmagics.com account, you agree to all of the Terms and Policies set out in this document.

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges - Netmagics.com provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term - The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Backups - Netmagics.com carry's out 1 backups per day, these backups are strictly for our own use in-case of a server failure. This is not meant as a replacement for keeping your own backups and we are not responsible for loss of data.

VIOLATIONS OF Netmagics.com TOS/ACCEPTABLE USE POLICY

Examples of what Netmagics.com 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)

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Netmagics.com to suspend or terminate your account. You agree that Netmagics.com has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)

* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.

* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.

* Using your hosting as a file or image hosting service.

* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.

* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are excempt from this.

* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.

* Uploading, linking to or storing warez, cracks or other pirated software.

* Assisting in or directly distributing copyrighted material.

* Excessively using the Service in such a way as to limit the bandwidth available to others.

* Providing fake or incomplete contact details, including name, postal address and telephone number.

* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.

* Using the Service for unauthorised relays through any third party systems.

* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.

* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.

* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).

* Attempting to cancel, supersede, or otherwise interfere with email other than your own.

* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.

* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.

* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Netmagics.com may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.

* Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Netmagics.com as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

* Intellectual Property - Netmagics.com does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse.desk@Netmagics.com

* Continuing a specific identification of the allegedly infringing material and the location(s) on Netmagics.com facilities where the materials are to be found. Upon receipt of such written notice, Netmagics.com will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Netmagics.com receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Netmagics.com will send you a copy of that notification. Unless you notify Netmagics.com of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

* Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied byNetmagics.com, neither Netmagics.com nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.Netmagics.com neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Netmagics.com is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Netmagics.com equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Netmagics.com and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

* You agree that, should you use the Service to send or receive voice communications, Netmagics.com is not acting as a telecommunications carrier or telephone , that there is no representation made by Netmagics.com as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Netmagics.com has no liability of any sort for the failure or lack of quality of such use of the Service.

* You agree to be liable for any damages or loss of service which results in damages to Netmagics.com as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Netmagics.com may pursue any such claims against you in Court.

* You agree that in no event will Netmagics.com have financial liability to you.

* Warranty - Netmagics.com MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Netmagics.com ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Netmagics.com OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Netmagics.com ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Netmagics.com DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Netmagics.com DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Chargeback and Payment Disputes:

All payment disputes must be raised via ticket support. If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of $25 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

INTERACTION WITH CUSTOMER SERVICE:

The Netmagics.com customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax. postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.

The following constitute violations of this AUP:

Illegal use: Netmagics.com services may not be used for illegal purposes, or in support of illegal activities. Netmagics.com 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 Netmagics.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Netmagics.com service is in violation of this AUP.

Usenet Spamming: Netmagics.com 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 Netmagics.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com 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 Netmagics.com service for any activity which affects the ability of other people or systems to use Netmagics.com 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 Netmagics.com 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 Netmagics.com 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: Netmagics.com 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 Netmagics.com 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.

Netmagics.com 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 Netmagics.com AUP & TOS

Netmagics.com requests that anyone who believes that there is a violation of this AUP & TOS to direct the information to the Abuse Department at Netmagics.com 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 7 days from the due date if the payment is not received,unless otherwise there is a hold.

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.

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

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 software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

Run cron entries with intervals of less than 15 minutes

You may create your own backup of your account from your control panel however these may only be stored for up to 24 hours. Please download archives to a local source and remove them from your account.

Bandwidth/Disk Space Usage

You agrees not to exceed the maximum amount of bandwidth or disk space allotted for your hosting account. Netmagics.com have the right to take corrective action if your bandwidth or disk usage exceeds the allotted amount. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Netmagics.com sole and absolute discretion. Netmagics.com may, at its sole discretion, restrict, suspend or terminate your account. You shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and disk space overage is billed at $2.00 per gigabyte over the allotted amount.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Netmagics.com has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Privacy

Netmagics.com will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. Netmagics.com may provide aggregate data on Subscribers to third parties in the operation of Netmagics.com business.

Disputes

You agree that any dispute between you and Netmagics.com arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Netmagics.com will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.

Governing Law

These Terms and Policies are governed in all respects under English laws.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

Resellers

Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.

We will transfer up to 20 accounts free of charge. Each account thereafter is charged at $1 each.

Discount Vouchers
  • Only one voucher can be used per transaction.

  • If the order value is lower than the value of the voucher, the remaining amount is lost.

  • Discount vouchers are restricted to one per customer.

  • Vouchers can be redeemed against the purchase of any Shared, Reseller or Dedicated service.

Netmagics.com 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

Netmagics.com reserves the right to suspend/close any accounts with/without any prior notice.

DMCA Notice Policy

Netmagics.com respects the intellectual property of others, and we ask our users to do the same. Netmagics.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Netmagics.com Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Netmagics.com Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Netmagics.com
DMCA Compliance Agent
Devika Building
Chalappuram
Calicut - 673002
Kerala, India

E-mail: dmca@Netmagics.com

Phone: +91-9388161116

WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.

Amendments

These Terms and Policies may be amended in any respect at any time by Netmagics.com upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Netmagics.com