Service Terms and Conditions
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD BITMAGIC HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST BITMAGIC HOSTING, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BITMAGIC HOSTING AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH BITMAGIC HOSTING SERVER; (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 CUSTOMER FROM BITMAGIC HOSTING SERVER.
BITMAGIC HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BITMAGIC HOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BITMAGIC HOSTING DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BITMAGIC HOSTING AND ITS EMPLOYEES. BITMAGIC HOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
BITMAGIC HOSTING RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. BITMAGIC HOSTING RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.Intellectual Property Rights
Material accessible to you through Bitmagic Hosting services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Bitmagic Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Bitmagic Hosting network. If you use a domain name in connection with Bitmagic Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.Contract
Bitmagic Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Bitmagic Hosting Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updatesAcceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Bitmagic Hosting. If you engage in any of the activities prohibited by this AUP document Bitmagic Hosting may suspend or terminate your account.
Bitmagic Hosting's Acceptable Use Policy (the "Policy") for Bitmagic Hosting Services is designed to help protect Bitmagic Hosting, Bitmagic Hosting's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Bitmagic Hosting. Bitmagic Hosting reserves the right to modify the Policy at any time, effective upon posting at http://bitmagichosting.com/terms.html
Prohibited Uses of Bitmagic Hosting Systems and Services:
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Bitmagic Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Bitmagic Hosting's servers, is prohibited. Bitmagic Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Bitmagic Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Bitmagic Hosting-hosted domain, or referencing any Bitmagic Hosting account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Bitmagic Hosting customers or end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Bitmagic Hosting network or on another provider's network.
J. Using Bitmagic Hosting's Services to interfere with the use of the Bitmagic Hosting network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each Bitmagic Hosting customer is responsible for the activities of its users and, by accepting service from Bitmagic Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an Bitmagic Hosting customer will be forwarded to the Bitmagic Hosting customer's postmaster for action. If violations of the Bitmagic Hosting Acceptable Use Policy occur, Bitmagic Hosting reserves the right to terminate services with or take action to stop the offending customer from violating Bitmagic Hosting's AUP as Bitmagic Hosting deems appropriate, without notice.