Acceptable Usage Policy

All perspective customers are required to read and agree with this policy before ordering your account. Each order form has a disclaimer that requires that you read this policy before submitting your order. Submission of your order is your agreement that you have read and agree with this policy. If you have questions about our policy, contact us at admin@magicnets.com or +65 9833 0843.

As a professional web hosting provider, Magicnets is committed to providing high quality service. Accordingly, it is important to us that our customers use our services and the Internet in general, responsibly and courteously. Breaking our rules can result in degradation of server performance and can cause harm to other customer's web sites. The great majority of our customers follow our policy concerning and we appreciate their willingness to abide by the rules outlined in our policy concerning. These customers are treated with respect by our company and we value their patronage. The following constitute examples of unacceptable uses of Magicnets services, which may, at our discretion, result in suspension, termination of the customer’s account and/or legal action. Additional policy concerning billing, cancellation of accounts, and domain name registration are also included below.

Affronts to Etiquette --- Unacceptable activities include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Magicnets by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), and subscribing someone else to an electronic mailing list without that person's permission. It is a violation of our policy to possess on our servers any such software or program that is or may be used for such purposes. Furthermore, if an attempt is made to cause harm to another person's or organization's server, using our servers, your account will be terminated immediately. In addition, any and all information regarding the violation, and your account in general, will be turned over to the proper authorities for prosecution. In order to detect spammers, all email and send mail activity on our servers is logged (amount of email traffic, etc.). Because of the serious consequences of spamming, we adhere to a 'zero tolerance' rule concerning the aforementioned affronts to etiquette.

Mailing List Policy --- Mailing lists are very popular and can provide a great service to the Internet community. However, they can be used improperly and cause the user to get reported as a spammer. It is our policy that you must maintain only opt-in/opt-out mailing lists. Further, when a customer opts in, you must keep a record of their request to opt-in. This record will be your proof that you run a genuine opt-in/opt-out mailing list. In any case of reported spam, the burden of guilt or innocence shall lie on the owner of the account which was responsible for sending the mailing or was reported as involved in the mailing. If you cannot provide proof that the person who reported you as a spammer had opted-in to your mailing list, then you may be held responsible for spamming.

Abuse of the legal rights of others --- Examples of unacceptable activities in this regard includes but is not limited to; posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers or programs. Magicnets supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations from a third party that a customer’s on-line activity has violated the legal rights of a third party, Magicnets will not substitute itself for a court of law in deciding tort claims raised by the third party. It is to be understood that Magicnets will continuously seek to remove itself from the middle of all such disputes as they can be expensive and time consuming to this company and do not serve the interests of this company.

Abuse of The Law --- Magicnets services may be used for lawful purposes only. Illegality includes but is not limited to drug dealing, attempting without authorization to access a computer system (Hacking), pirating (distributing copyrighted material in violation of copyright law), gambling, schemes to defraud, trafficking in obscene material, violating S.G. export restrictions, stalking, making terrorist threats or violating other international or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Furthermore, hacking is an offense taken very seriously by our company. If you intend to practice such activities, and you use our services in anyway to support these activities, you can be assured that we will go to every extent of the law to make sure you are prosecuted to the furthest degree.

Credit Card Fraud --- We are the victim of credit card fraud several times during the course of our fiscal year. While Magicnets uses several fraud preventative measures, credit card fraud can and still does occur. If you use a fraudulent credit card to obtain services from our company, we will turn over any and all information about you to the proper authorities and we will be vigilant in seeking your prosecution. Furthermore, we will seek recovery of monies owed to us as well as pressing charges for 'theft of services' when appropriate. Credit card fraud costs international consumers billions of dollars every year. We take this offense very seriously. Considering the great technical reach of law enforcement agencies, aided by the information about you that we will provide to such agencies, credit card fraud is a risky endeavor to say the least.

Content --- Magicnets supports your first amendment right to free speech. Freedom of speech is an important freedom enjoyed by citizens of the Singapore and many other countries. It is never our intention to impede this right. However, we do have some basic content limitations that we feel are necessary and prudent in order for our company to operate efficiently.

  1. Pornography and sex-related merchandising, even if legal, is not an acceptable use of Magicnets’ servers. Furthermore, linking to pornographic sites, or using re-direction software or other medium to redirect a user to a pornographic site is not acceptable and can result in immediate account termination.
  2. Sites used to promote or sale items or services that are illegal are not allowed on our servers.
  3. Sites that are used to send unsolicited email (spam) or sites that support unsolicited email (spam) by offering resources that may be used to send unsolicited email (spam) are not allowed on our servers.
  4. Sites that are used to defame or slander a person or organization are not allowed on our servers.
  5. Sites that may be deemed racist or 'hate sites' are not allowed on our servers.
  6. Sites that are used to promote the practice known as 'computer hacking' are not allowed on our servers.
  7. Sites which use material that is under copyright without the permission of the party or parties who hold said copyright, are not allowed on our servers.

Copyright Infringement --- Magicnets supports copyright laws. Accordingly, we reserve the right to immediately cancel your account if your site is found to be violating local, national, or international copyright laws. If you find a potential copyright violation, please use our contact page to notify us immediately.

Abuse of Magicnets’s Server Resources --- Running programs in the background on a Magicnets’ server without Magicnets prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, (Unless provided by Magicnets as part of a hosting package) and the like are not acceptable uses of Magicnets’ servers. Also unacceptable is using a domain pointer to refer to a portion of a web site to use one site for several domain names. Further, any usage of fifteen percent (15%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds fifteen percent (15%) of system resources, we will contact you immediately and ask you to reduce the load on our servers. If you do not, or are unable to resolve the problem within 24 hours after we contact you, we reserve the right to terminate your account immediately. Additionally, if a customer's program or activity(ies) are found to have caused damage to Magicnets servers or to any of its customers data, a monetary charge will be levied against the responsible party to cover any hardware or software replacement and to cover the labor necessary to correct or reverse such damage. Labor costs will be charged at the rate of $150.00 per hour. Furthermore, if it is believed that the customer was intending to cause such harm intentionally, legal redress will be immediately sought to hold the responsible party accountable for their actions.

Unlimited Traffic --- Magicnets offers un-metered, unlimited traffic to its hosting customers. You never have to worry about receiving a bill for bandwidth usage. However, to be fair to all customers on each server, a site which exceeds 15% of the bandwidth demands of a server in a twenty-four hour period may be removed from our servers. While we do not meter traffic and we do not charge for traffic, we find it is necessary to impose a 'soft' limitation in this manner. Otherwise, it is possible for a single customer to burden a web server with an extremely busy web site, and possibly hinder the performance of the other customer's sites which share the same server. Some web sites which are extremely 'resource intensive' do not belong on shared web servers with other web sites. Whenever this situation arises, and whenever possible, we will give the customer ample time to reduce their bandwidth demands or to seek more appropriate accommodations. If you are unsure if your site will violate this policy, please email us at info@magicnets.com

Expected Level of Professionalism During Communication --- We will be fair when we deal with each of our customers. In addition, our manner of behavior will be professional, ethical, and with an intent to communicate effectively. Accordingly, we request that our customers also communicate with us in a professional manner. Making threats against our employees, officers, or company in general will be grounds for immediate account termination. Additionally, any customer who uses profanity, derogatory name calling, is verbally abusive, or deemed to be harassing our employees will have their account(s) terminated immediately. Rude behavior is frowned upon at all times. If you feel that you have been treated rudely by a representative of our company, please send an email to support@magicnets.com . We also ask that our customers refrain from being rude to our representatives. We feel that rudeness from a customer creates unnecessary tension and burdens our customer service staff. If you have a problem or complaint that is frustrating you, we will do everything in our power to help you. But please refrain from letting frustration turn into rude behavior or derogatory comments. If a customer's behavior (rudeness) during communication becomes a burden on our staff, we reserve the right to cancel the customer's account.

Limitation of Liability ---Magicnets shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Magicnets' servers going off-line or being unavailable for any reason whatsoever. Further, Magicnets shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Magicnets' servers or the loss of data due to any reason. It is each clients responsibility to keep a working copy of all your files on your hard drive in the unlikely event that your account is deleted or lost.

Domain Registration --- If you order a new domain through Magicnets, we will setup the domain through namesdirect.com, the second largest ICANN accredited registrar. We offer a low yearly price for domain registrations by subsidizing the costs associated with domain name agency maintenance for our hosting customers. Your domain will be owned by you and you can make changes to it at any time, including transferring your domain to a different web host if you wish. However, we do not subsidize the price of domains which are not hosted by Magicnets. Domains registered through us but not hosted by us will incur the price of $60.00 per year. If you transfer your domain to another web host within 180 days of your signup date, you may be charged the difference between the non-hosted account price, and the price you paid for your domain. The price for a domain that is not hosted by us is $75.00 per year.

Yearly domain fee if you host with us = $60.00
Yearly domain fee if you do not host with us = $75.00

If you transfer your site to another host after 180 days of your sign up, your price for your domain shall remain the same for the duration of your current registration term. Renewal fees for domain names that are hosted by our company are $60.00 per year. Renewal fees for domains that are not hosted by our company are $75.00 per year. Domain registration fees are non-refundable. If you wish to make changes to your domain, you can send an email to support@magicnets.com.

Billing --- Payment is accepted in the following forms; Online checks drawn in the Singapore. We also accept payment by Visa, MasterCard  and American Express. You may also mail your payment to us. Payment is due for accounts on the day of setup and on the renewal date.

Renewals --- You were asked about renewal payments when you signed up. If you pay by credit card and you chose to have us automatically bill your credit card for renewals, then we will bill your credit card up to 7 days before the next due date. Once we successfully charge your card, you will receive an automatic email receipt sent to your email address on file with us.

If you chose to be invoiced by email prior to your renewal date (credit card payment and all check payments), you will receive an email invoice up to 14 days prior to your renewal date. There is a $2.00 invoicing fee. You can avoid the invoicing fee by choosing to be auto-charged for renewals. To make a manual renewal payment, login to the billing center at http://www.magicnets.com/billing . Successful payment will update your next due date automatically.

All accounts that are 1 or more days past due will incur a $2.00 late fee.

Accounts which are 14 days past due will be suspended.

Suspended accounts will incur a $20.00 re-activation fee plus the $2.00 late fee.

Accounts which are 28 days past due will be cancelled and deleted from our servers. No backup is made of deleted accounts. Cancelled accounts will be re-activated at our discretion.

30 Day Guarantee --- You can receive a refund of your hosting fees and setup fee if you cancel your account within 30 days of signup. You must fill out our cancellation form within 30 days of sign up in order to receive a refund. The date of your initiation of your account will be determined by the date and time of your original order. It is not required to give a reason for your cancellation. If you purchased a domain name from namesdirect.com, through our company, then the domain fee is non-refundable and not part of this 30 day guarantee. If we cancel your account for violations of our Acceptable Usage Policy within 30 days of your sign up date, you will not receive a refund of your setup fee and our 30 Day Guarantee is null and void.

Account Cancellation --- If you wish to cancel your account, you must fill out our cancellation request form located at http://www.magicnets.com/cancacct.htm . If you do not fill out the cancellation request form, you may be unable to take advantage of our money back guarantee or any unused hosting fees that may be due to you. The cancellation request form is there for YOUR PROTECTION. There are questions on the form that only you, the web site owner, will be able to answer. This helps us to ensure that your cancellation request is genuine. WE DO NOT TAKE CANCELLATION REQUESTS VIA TELEPHONE OR EMAIL. Additionally, the cancellation request form will provide you with a UNIQUE CANCELLATION ID. This ID will be your proof of your intent to cancel. You may not 'pre-date' your cancellation request. The date of cancellation shall be the date of your request, or any date in the future that you so choose. Domain registration fees are non-refundable.

Data Backup --- Though we backup the contents of our customer's web directories on a weekly basis, it is each customer's duty to keep an up-to-date and working copy of their site on their local computer hard drive. If your data changes on a daily basis, you should backup your data on a daily basis.

Magicnets shall be the sole arbiter of what is and is not a violation of these acceptable usage policies. In addition Magicnets reserves the right to terminate an account at any time and for any reason that we feel is prudent and in the best interest of our company. We also reserve our right to refuse service to anyone. If your account is terminated for any violation of these policies, no setup fees shall be refunded to you. You may, at our discretion, be prorated for the unused amount of hosting fees.

Should litigation be sought by Magicnets, and whenever prudent and justifiable, said litigation shall originate in the county of Singapore. The customer agrees that the county of Singapore shall also be the venue for any such case involving Magicnets for any reason whatsoever and the laws governing the county of Singapore and the county of Singapore shall take precedent above all others.

Violations of these Acceptable Uses Policies should be referred to support@magicnets.com.

All complaints of abuse will be investigated promptly. Violators will be held accountable for their actions.

This information can be found online at http://www.magicnets.com/UsagePolicy.asp.