Privacy Policy

IMPORTANT NOTICE: *All Payments To MAGIC NINES Are Non-Refundable*

MAGIC NINES ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of MAGIC NINES. Service constitutes acceptance and agreement to MAGIC NINES' AUP as well as TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of MAGIC NINES, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition MAGIC NINES shall have the right to terminate all service set forth in this Agreement.

Refund and Disputes: All payments to MAGIC NINES, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in MAGIC NINES' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay MAGIC NINES an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: MAGIC NINES, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: MAGIC NINES provides support related to your server or virtual site physical functioning. MAGIC NINES does not offer tech support for application specific issues such as cgi programming, html or any other such issue. MAGIC NINES does not provide technical support for YOUR customers. If you can email, we encourage you to email support@magicnines.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.magicnines.com - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.

SPAM and Unsolicited Commercial Email (UCE): MAGIC NINES takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of MAGIC NINES may not use or permit others to use our network to transact in UCE. Customers of MAGIC NINES may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of MAGIC NINES' SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, MAGIC NINES will initiate an immediate investigation (within 48 hours of notification). During the investigation, MAGIC NINES may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, MAGIC NINES may, at its sole discretion, restrict, suspend or terminate customer's account. Further, MAGIC NINES reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. MAGIC NINES will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $10 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that MAGIC NINES personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the MAGIC NINES network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted, we will immediately terminate your account and send to collections an administrative fee of 500 USD.


Network

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). MAGIC NINES will monitor Customer's bandwidth and disk usage. MAGIC NINES shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. 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 MAGIC NINES's sole and absolute discretion. If MAGIC NINES takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, MAGIC NINES may, at its sole discretion, collect a deposit, in an amount determined by MAGIC NINES, against customer's credit card on file with MAGIC NINES. Bandwidth overage is $1 per GB over allocated transfer.


System and Network Security: Users are prohibited from violating or attempting to violate the security of the MAGIC NINES Network. Violations of system or network security may result in civil or criminal liability. MAGIC NINES will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:


Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.


Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.


Notification of Violation:

MAGIC NINES is under no duty to look at each customer's or user's activities to determine if a violation of the AU{ has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which MAGIC NINES determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at MAGIC NINES's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that MAGIC NINES determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: MAGIC NINES reserves the right to suspend network access to any customer if in the judgment of the MAGIC NINES network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which MAGIC NINES chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

MAGIC NINES reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of MAGIC NINES must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: MAGIC NINES wishes to emphasize that in agreeing to the MAGIC NINES Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies MAGIC NINES for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to MAGIC NINES or the bringing of any claim against MAGIC NINES by any third-party. This means that if MAGIC NINES is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against MAGIC NINES, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

MAGIC NINES takes no responsibility for any material input by others and not posted to the MAGIC NINES Network by MAGIC NINES. MAGIC NINES is not responsible for the content of any other websites linked to the MAGIC NINES Network; links are provided as Internet navigation tools only. MAGIC NINES disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

MAGIC NINES is not responsible for any damages your business may suffer. MAGIC NINES does not make implied or written warranties for any of our services. MAGIC NINES denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MAGIC NINES.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as MAGIC NINES' customer, are solely responsible for the content stored on and served by your MAGIC NINES server.

Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds.

Charge backs: Charge backs or disputes of any kind will result in an immediate termination of all services on your account, weather you charged back one or all items on your account. Threats are considered almost the same as an actual chargeback.

Late Payments: We have zero tolerance policy for late payment. We are very flexible with payments as long as you communicate with us. However failure to communicate and payment being late will result in suspension of service. Late Payments are charged a fee of $10 per server or service that is late. At the sole discretion of MAGIC NINES. We can waive the Late Payment. If your servers are turned off there is a $25 dollar re-activation fee per server.