Server Terms and Conditions Agreement
The following words used in context of the Service Agreement are defined as follows:
Client: The person or entity who is applying for Server services from Internet Magic
Service: Space on Servers provided by Internet Magic
TAC: Terms and Conditions Agreement
Website: All content over which Client has control
Internet Magic agrees
to provide, and Client agrees to receive, access to the Internet Magics
Server services according to the following TAC:
1. The TAC may be accessed at http://internetmagic.nu/tac.html or http://freewebhost.com/tac.html. The TAC comprises the entire agreement between Internet Magic and Client, and supersedes any prior agreements between Client and Internet Magic with respect to the subject matter of the TAC. Internet Magic may revise the TAC at any time, and such revision shall be effective ten (10) days after notice of the proposed revision is sent to you via electronic mail to the address we have on file. You agree to review the TAC periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your contract for service with Internet Magic as provided in Section 12 below. Your continued use of Internet Magics services following the Effective Date of any such revision to the TAC shall be conclusively deemed as your acceptance of all such revisions.
2. Client will use their Server services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government.
3. Internet Magic reserves the right, in its sole discretion, to deactivate the Clients Server Account(s) upon an indication of credit problems including delinquent payments.
4. The Internet Magic Service is provided on an As Is, As Available basis. Internet Magic gives no warranty, expressed or implied, for the Server Services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by Internet Magic or its Provider, beyond the fees paid by Client to Internet Magic for Services.
5. Internet Magic is not responsible for any damages arising from Clients use of Internet Magic's Services or by Clients inability to use the Server services for any reason.
6. While Internet Magic shall make every reasonable effort to protect and backup data for Client on a regular basis, Internet Magic is not responsible for Clients files residing on Internet Magic's Servers. Client is solely responsible for independent backup of data stored on Internet Magic's Servers.
7. Client hereby agrees that any material submitted for publication on Internet Magic's Servers through Clients Account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may be deactivated without warning by Internet Magic. Client hereby agrees to indemnify and hold harmless Internet Magic for any claim resulting from the submission of illegal materials.
8. Client hereby agrees that any material submitted for publication on Internet Magic through Clients Account(s) will not contain anything leading to an abusive or unethical use of the Server product(s) or the Host Server(s). Abusive and unethical materials and uses include but are not limited to pornography, obscenity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless the Internet Magic from any claim resulting from your publication of materials or your use of those materials. Internet Magic may or may not give notice before deactivating the use of any Account(s) which Internet Magic decides is an abusive or unethical use of the Server Account(s) or Host Server(s).
9. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Internet Magic is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network Internet Magic or its customers may utilize.
10. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Internet Magic reserves the right to deactivate the Clients Server Account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless Internet Magic from any claim resulting from the Clients or another partys use of electronic mail service(s) on the Clients Server Account(s).
11. Internet Magic maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
12. Termination. Either Client or Internet Magic may terminate use of Internet Magics services and/or Servers at any time. Clients only right and sole remedy with respect to any dissatisfaction with any (i) TAC term, or policy or practice of Internet Magic, (ii) Content available through Internet Magic or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Service by delivering notice to Internet Magic. Should such notice of termination be delivered and acknowledged as delivered by Internet Magic, termination will be effective within 48 hours. In the event that a Clients Account is terminated or cancelled, no refund of any fees, including monthly Service fee, will be granted. Internet Magic also reserves the right to deactivate any Server Account if the Account is in violation of any of the terms and conditions listed in this Agreement.
13. Advertising, UCE, SPAM, Mail Bombing, Bulk Solicitation and Name Harvesting. Internet Magic has a strict anti-spamming policy. It is a clear violation of Internet Magics policy and is cause for immediate termination. You may not use Internet Magic to send unsolicited advertising, promotional material, or other forms of solicitation to any other of Internet Magics clients or general Internet users except in cases where prior consent from the recipient has been granted or in cases where such areas are designated for such a purpose (e.g., the classified area). Internet Magic reserves the right to block or filter mass email solicitations that pass through Internet Magics mail servers even if intended for Client. In addition, you a) may not use your Internet Magic POP Account(s) to send such solicitations, b) may not use your domain name or IP address, any sites (names, URLs or IP addresses) belonging to Internet Magic, or the Internet Magic name in any postings or email solicitations you choose to participate in anywhere on the Internet. The use of ghost sites (web pages setup on ISPs that allow spamming) that directly or indirectly reference customers to domains or IP addresses hosted by Internet Magic in mass e-mailings are also prohibited. Client may not participate in advertising or promoting bulk email software or services of any kind. Client Accounts associated with spamming in any way may, at Internet Magics discretion, be terminated as per termination clause above.
14. Licensing Agreement. Internet Magic requires that each Client abide by the following:
(i) Clients website shall not violate our no adult content policy found in Item 15 below.
(ii) Clients website shall not be used for any practice deemed illegal by the laws of the State of California or the U.S. Federal Government.
(iii) Clients website shall not be used to store or disseminate material of a threatening or slanderous nature.
(iv) The use, damage resulting from use, and licensing of, any software, be it Shareware, Commercial, or Freeware is the sole responsibility of you, the Client.
15. No Adult Content Policy. Adult Material is described as:
(i) Any site whose revenue is gained in part or whole from its adult content.
(ii) Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
(iii) Revenue-generating hyperlinks to sites who violate policy (i).
Internet Magic reserves the right to decide what it considers adult content, adult material, sexually explicit or sexually related.
16. You agree to receive
emails about special offers that we will make from time to time.