WHEREAS, MagicEdit, a division of Traction Systems LLC (hereafter "Traction Systems LLC"), is an information provider connected to the Internet, Traction Systems LLC offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Traction Systems LLC's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Traction Systems LLC can make no guarantee that any given reader shall be able to access Traction Systems LLC's server at any given time.
Traction Systems LLC represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Customer agrees to a thirty (30) day contract minimum (or three (3) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the web panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
Violations of MagicEdit's Terms of Service or Spam Policy may, at MagicEdit's discretion, result in immediate and permanent disablement without refund.
Disputed charges ("chargebacks") associated with any MagicEdit account may, at MagicEdit's discretion, result in immediate and permanent disablement.
Traction Systems LLC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Traction Systems LLC's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Customer will provide Traction Systems LLC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Traction Systems LLC. Traction Systems LLC shall make no effort to validate this information for content, correctness or usability.
Use of Traction Systems LLC's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Traction Systems LLC to provide this knowledge or Customer Support outside of the defined service of Traction Systems LLC.
Traction Systems LLC will exercise no control whatsoever over the content of the information passing through the network.
Customer agrees to specific limits on data storage and bandwidth for MagicEdit hosting. The following limits are imposed on all MagicEdit accounts:
Customer agrees to make use of Traction Systems LLC servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Traction Systems LLC servers are not intended as a data backup or archiving service. Traction Systems LLC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $2 per additional 2 GB.
Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any MagicEdit Web Hosting server. If your processes are adversely affecting server performance disproportionately Traction Systems LLC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
Traction Systems LLC makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Traction Systems LLC also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Traction Systems LLC is at the Customer's own risk, and Traction Systems LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Traction Systems LLC expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Traction Systems LLC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Traction Systems LLC may, at its option and at any time, reject this material, including but not limited to after it has been put on Traction Systems LLC's Server. Traction Systems LLC agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Traction Systems LLC. If the Customer fails to modify the material, as directed by Traction Systems LLC, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
MagicEdit is a proxy domain registrar. By registering a domain with MagicEdit, Customer agrees to allow MagicEdit to register the domain on Customer's behalf with a third-party domain registrar.
All domain names registered through MagicEdit that are 'parked' or are otherwise not immediately associated with a MagicEdit hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via MagicEdit.com. The Coming Soon web page may be modified at any time by MagicEdit without prior notice to you and may include such things as, without limitation, links to additional products and services offered by MagicEdit.
Customer warrants that it has the right to use the applicable trademarks, if any.
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Traction Systems LLC.
Traction Systems LLC makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Traction Systems LLC service.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Traction Systems LLC may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Traction Systems LLC. All messages transmitted via Traction Systems LLC should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either MagicEdit or external computers and Denial Of Service attacks of any kind.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Traction Systems LLC will accept termination by electronic mail. Notwithstanding the above, Traction Systems LLC may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Traction Systems LLC reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of Traction Systems LLC's Server is at Customer's sole risk. Neither Traction Systems LLC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Traction Systems LLC's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Traction Systems LLC Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Traction Systems LLC, its offices, agents or any one else involved in creating, producing or distributing Traction Systems LLC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Traction Systems LLC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Traction Systems LLC's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Traction Systems LLC's Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer may only use Traction Systems LLC's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Traction Systems LLC's Server.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Traction Systems LLC's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at dreamhost. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Customer agrees that it shall defend, indemnify, save and hold Traction Systems LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Traction Systems LLC, its agents, its customers, servants 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. Customer agrees to defend, indemnify and hold harmless Traction Systems LLC against Liabilities arising out of
Revisions to this Contract will be applicable to previous Contracts
Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.
Customer may not transfer this contract without the written consent of Traction Systems LLC.
These Terms and Conditions constitutes the entire Contract and understanding of the parties.
Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.