Terms, Conditions and Acceptable Use Policy
Magnolia South Web Hosting provides Internet World Wide Web page hosting, Marketing, and Development. Magnolia South
Web Hosting has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
Magnolia South Web Hosting' general policy is to act as a provider of internet presence.
Magnolia South Web Hosting has
specific ethical concerns regarding the use of its computers detailed below.
Magnolia South Web Hosting reserves the right to suspend or cancel a customer's access to any or
all services provided by Magnolia South Web Hosting when we decide that the account has been inappropriately used.
Specific Acceptable Use Policies
Server abuse.
Any attempt to undermine or cause harm to a server, or customer, of
Magnolia South Web Hosting is strictly prohibited.
Unauthorized use of other people's accounts or computers
Magnolia South Web Hosting will strongly react to any use or attempted use of an Internet account or computer without 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 Magnolia South Web
Hosting customer, whether or not the attacked account or computer belongs to
Magnolia South Web Hosting, will result in action against the attacker. Possible actions by
Magnolia South Web Hosting for any use or attempted use of an Internet account or
computer without the owner's authorization include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the
conduct.
Abuse of Unlimited Traffic and/or Unlimited Storage
Magnolia South customers are privileged to be offered unlimited traffic and limited storage
depending on the plan purchased,for their web sites. The intention of Magnolia
South Web Hosting is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html/htm)
must be 'linked' with files (.GIF, .JPEG, .JPG etc.) stored on the Magnolia
South Web Hosting server. 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 discretion of the
Magnolia South Web Hosting management. Any
customer who violates Magnolia South Web Hosting Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the
problem is not resolved within the allotted 24 hour 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 with picture galleries (This is any site where 50% of the files transferred are graphics).
- 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
- Sites offering download files or archives. (This is
any site where 50% or more of their monthly traffic
is from file downloads) Web sites offering software for sale via download are not affected by this limitation.
- Sites using more than 1% of system resources at any one time.
** Magnolia South Web Hosting reserves the right to exercise its sole discretion in determining 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 unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or
cancellation. See the news group 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
Magnolia South Web Hosting 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 that will more
than fill your needs and run without hindering the performance of the machine for others.
Note: Parachat 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.
Note:
We believe in freedom of speech and expression, however, we
will not risk a law suit or bad publicity for our company by hosting any "questionable material." Examples include but are not limited to:
- Any site bashing, putting down, etc. another cultural, religious, or ethnic group.
- Any site advocating illegal activities.
- Certain radical or cult style groups.
- Any site specifically slandering another person or organization.
- Posting any Warez-related material - (pirated software, software evaluation cracks, etc.) on your web site.
- Any other questionable
material, as determined by Magnolia South Web Hosting
Payment Policies
All accounts are set up on an honor system basis. Setup fees are
not charged All pricing is guaranteed for the term of pre-payment.
Magnolia South Web Hosting 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 notice or exceeding this time frame in any way is subject to
suspension (a $15.00 reactivation fee will be charged for suspended sites, when an account is cancelled, DNS service is stopped; and all directories and email accounts
are deleted from our servers) and be sent to collection. The customer is responsible for all money owed on the account from the time it was established to the time
that the customer notifies Magnolia South Web Hosting in writing for a request for termination of services. All payment is in U.S. currency.
Cancellation
Magnolia South reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid
by Magnolia South Web Hosting, if Magnolia South 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).
All of Magnolia South Web Hosting web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with
our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid
signature of the primary contact of the account, account name, reason for cancellation. Phone requests or email will not constitute acceptance of any
cancellation. If payment was made by check or bank transfer, the zip/postal code of the primary contact. Payment will be made by company check within 15 days
of receipt of cancellation. Refunds will not be paid for accounts terminated due to non-adherence of any of our other terms and conditions within the
Magnolia South Web Hosting Policies & Terms.
Lawful Purpose
Magnolia South Web Hosting reserves the right to refuse service to anyone. Customers may only use
Magnolia South Web Hosting' 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.
Magnolia South Web Hosting expressly forbids
anyone from using Magnolia South Web Hosting' 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, pirated software, crackz, warez applications, pornography,
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
Magnolia South Web Hosting management.
Indemnification
Clients agree that it shall defend, indemnify, save and hold
Magnolia South Web Hosting harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against Magnolia
South Web 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. Client agrees to defend,
indemnify and hold harmless Magnolia South Web Hosting against liabilities arising out of;
(1)
any injury to person or property caused by any products sold or
otherwise distributed in connection with Magnolia South Web 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
Magnolia South Web Hosting' server.
Disclaimer
Magnolia South Web Hosting will not be responsible for any damages your business may suffer.
Magnolia South Web Hosting makes no warranties of any
kind, expressed or implied for services we provide. Magnolia South Web
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
Magnolia South Web Hosting and its
employees. Magnolia South Web Hosting reserves the right to revise its policies at any time.
All Sub Networks, resellers and dedicated servers of
Magnolia South Web Hosting must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
