Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND REFUND POLICY, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT.
This agreement supersedes any written, electronic, or oral communication you may have had with MagenX or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
You agree to supply appropriate payment for the services received from MagenX, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable. You agree that until and unless you notify MagenX of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a client of MagenX, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a monthly 15% late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our support team. MagenX reserves the right to change the monthly payment amount and any other charges at anytime.
! Please consider the fact that the non-payment and delayed payment for services may lead to the complete suspension of the account.
Payments made to MagenX are final.
In the event of a breach of our terms of services or any fraud case, no refunds will be made.
Server Tuning and Optimization
No refunds will be given if the work has already begun.
Server Installation and Configuration
No refunds will be given if the work has already begun.
Partial refunds will only be given upon request and are at MagenX’ sole discretion.
Not eligible for refund
The list addons/extras not eligible for refund includes, but is not limited to:
Domain names setup
IP addresses setup
Windows licenses / installation
- Accounting and Processing fees
Changes to this refund policy may be made at all times.
2. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Our transfer team will make every effort to help you move your site. However, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from a previous host.
4. Abuse & Prohibited Use
MagenX reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the MagenX’ staff. Abuse can include, but is not limited to the following offenses:
Any attempts to compromise or actual compromise of a network device belonging to MagenX or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service “harvesting” is also prohibited and may result in termination of service.
The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any DMCA complaint received will be investigated and may result in termination of service.
The hosting of material which is considered to be illegal in EU is strictly prohibited. This includes child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is deemed illegal. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
The use of IRC software, Bit Torrent software, Proxy software, and automated “bots” is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. MagenX will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction. Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
5. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overage. Unused transfer in one month cannot be carried over to the next month.
6. BACKUP OF DATA
Customers agree to maintain a current copy of all content hosted by MagenX notwithstanding any agreement by MagenX to provide backup services.Your use of the service is at your sole risk. MagenX is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MagenX’ servers.
Any accounts may not resell web hosting to other people.
8. Uptime Guarantee
MagenX’ strives to maintain a 99.99% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by MagenX monitoring systems or MagenX authorized/contracted outside monitoring services. If MagenX fails to meet its 99.99% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. MagenX does not credit a full month’s service for minor downtime. This would not be financially healthy for MagenX, and in turn would only negatively affect the service level MagenX provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, MagenX may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the MagenX network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, natural disaster (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
Telco Failure (i.e. cutting a fiber line somewhere)
Backbone peering point issues (i.e. having a router go down that wipes out internet service for the entire datacenter)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). MagenX utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of MagenX
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any MagenX monitoring or measurement system
Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of MagenX’ service(s) in breach of MagenX Policy and Service Guidelines, by Client or others authorized by Client.
Customers are free to cancel their account at any time by contacting our support team, with their account information. Similarly, MagenX reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
10. Right To Refusal Without Cause
MagenX may refuse to accept any customer or any website for participation in the MagenX services as determined by MagenX at its sole discretion.
11. REFUSAL OR DISCONTINUANCE OF SERVICE
MagenX reserves the right to refuse or discontinue service to anyone at MagenX’ sole discretion. MagenX may deny you access to all or part of the service without notice if you engage in any conduct or activities that MagenX, in its sole discretion, believes violates any of the terms and conditions in this agreement. MagenX’ shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
Customers agree that they shall defend, indemnify, save and hold MagenX harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against MagenX, 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, its agents, employees or assigns. Customers agree to defend, indemnify and hold harmless MagenX against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MagenX; (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 customers from MagenX’ server.
By using any MagenX’ services, you agree to binding arbitration. If any disputes or claims arise against MagenX or its subsidiaries, such disputes will be handled by an arbitrator of MagenX’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
14. USER CONDUCT
MagenX’ services may only be according to the law. Any use of these services which violates any local, state, federal, or international laws which may apply to MagenX, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not: A. Restrict or inhibit any other user from using the Internet; B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws; C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
15.Disclosure To Law Enforcement
MagenX may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
MagenX will not be responsible for any damages your business may suffer. MagenX makes no warranties of any kind, expressed or implied for services we provide. MagenX disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by MagenX and its employees.
17. NO WARRANTIES
MagenX makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MagenX or its agents or employees shall create a warranty. MagenX provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall MagenX be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Webspace, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with MagenX’ service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on MagenX’ servers that such information becomes available to all Internet users and that MagenX has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of MagenX’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through MagenX or on the Internet generally.
18. ECPA NOTICE
You agree that MagenX is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
19. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply MagenX with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
20. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by MagenX, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at MagenX. You agree to abide by any and all future MagenX policy decisions.
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify MagenX immediately. You shall be held fully responsible for any misuse or compromise of your account for which MagenX is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, MagenX has the right to suspend access to the account pending an investigation and resolution. You also agree that MagenX has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
22. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of MagenX or any other service with reference to services obtained through MagenX, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning, and you will be held fully responsible for any damages to you, MagenX, or any other party or parties resulting from any such conduct.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By signing a contract and paying for MagenX’ services, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand they.
25. Copyright Policy
All content on this website is Copyright © MagenX and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of MagenX.
26. Changes To The TOS
MagenX reserves the right to revise its policies at any time without notice.