Acceptable Use Policy

Terms, Conditions and Acceptable Use Policy

Please Read This Before Signing Any Account

Magnum Net provides Internet World Wide Web page hosting, Marketing, and Development. Magnum Net has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. Magnum Net general policy is to act as a provider of internet presence. Magnum Net has specific ethical concerns regarding the use of its computers detailed below. Magnum Net reserves the right to suspend or cancel a customer's access to any or all services provided by Magnum Net when we decide that the account has been inappropriately used.

Specific Acceptable and Prohibited Use Policies Server abuse

Any attempt to undermine or cause harm to a server, or customer, of Magnum Net is strictly prohibited.

Unauthorized use of other people's accounts or computers

Magnum Net will strongly react to any use or attempted use of an Internet account or computer with- out the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Magnum Net customer, whether or not the attacked account or computer belongs to Magnum Net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Adult Sites, That Place Adult Materials On Their Sites

Any type of pornographic materials, hate materials, adult materials (that does not necessarily mean pornography only), racial materials, or unlawful practices are strictly banned on this server.

Abuse of Unlimited Traffic and/or Unlimited Storage

Magnum Net's customers are privileged to be offered unlimited traffic (with all accounts) and/or unlimited storage (with Certain Packages) for their web sites. The intention of Magnum Net is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Magnum Net's server. This policy does ONLY apply to websites who are considered to be abusing services - bandwidth in particular. It is NOT applicable to photo galleries, even if several hundred megabytes of web space are in use. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Magnum Net's management. Any customer who violates Magnum Net's policies in abusing either space/site transfer will be notified and given 5 days to remedy the problem. If the problem is not resolved within the allotted 5 day period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives (this is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources. For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 10 GB (10,737,418,240 bytes) per month. Thereafter, normal data transfer cost of $10.00/1GB will apply. Unless special agreement has been met, traffic overages will be billed in blocks of 10GB and cannot be prorated. Magnum Net will be the sole arbiter as to what constitutes a violation of this provision. Commercial advertisements with e-mail unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are un-welcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the Magnum Net support team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Para chat chat rooms do not apply to this rule. They are perfectly fine to install.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

All accounts are set up on a pre-pay basis. . All pricing is guaranteed for the term of pre-payment. Magnum Net reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Magnum Net in writing for a request for termination of services.

Cancellation

Magnum Net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Magnum Net if Magnum Net institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e.transfer, space etc.). Customers can cancel service any time by sending email to support@ax100.net. Magnum Net would welcome a reason for cancellation, however this is not necessarily required. Refunds will be honored within three weeks and be credit back to client credit card. Please note that refunds for money wires and / or check orders cannot be honored as they are not applicable.

Lawful Purpose

Magnum Net reserves the right to refuse service to anyone. Customers may only use Magnum Net Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Magnum Net expressly forbids anyone from using Magnum Net servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Magnum Net management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Magnum Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Magnum Net, 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 Magnum Net against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Magnum Net 's servers; 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 Magnum Net 's server.

Disclaimer

Magnum Net will not be responsible for any damages your business may suffer. Magnum Net makes no warranties of any kind, expressed or implied for services we provide. Magnum Net disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Magnum Net Web hosting and its employees. Magnum Net reserves the right to revise its policies at any time. All Sub-Networks, resellers and dedicated servers of Magnum Net web hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.