Welcome to MagpieHost, Providing Reliable Hosting Solutions

×

Terms of Service and AUP

Please read thoroughly before signup

Introduction:

The use of service provided by website “MagpieHost.com” a division of “Magpie IT”, [hereafter referred as “MagpieHost”] constitute agreement to these terms. You may view our Privacy Policy Statement here and Domain Names Agreement here.

During the term of its agreement with MagpieHost.com, the customer must ensure that the use of any resource offered to the customer or owned or controlled by MagpieHost.com (“Service”) conforms with MagpieHost.com current Terms of Service (TOS) and Acceptable Usage Policy (“AUP”). MagpieHost.com may modify, without prior notice, the TOS and AUP as MagpieHost.com deems appropriate; such modified TOS and AUP is effective upon posting on MagpieHost.com website.

Cancellation policy:

  1. MagpieHost.com reserves the right to cancel this TOS Agreement and to permanently disconnect the service that MagpieHost.com provides to subscriber hereunder at any time without further obligation.
  2. Subscriber may cancel this TOS Agreement and the service that MagpieHost.com provides to subscriber hereunder by requesting cancellation by filing the concern service “Cancellation request form” within the Client Area- https://my.magpiehost.com/clientarea.php at least seven (7) days prior to subscriber’s next monthly billing date or due date.
  3. MagpieHost.com will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is subscriber’s responsibility to separately confirm that MagpieHost.com has timely received notice of requested cancellation.
  4. Payments made up to your cancellation date are not refundable unless you’re canceling within the 7 days money back guarantee period less any setup provisioning fees.

Short list of acceptable sites:

Personal and business sites, news, info-depositories and medical sites, underground sites including news, research, communications and knowledge, but not including sites that promote racism, violence or warez.

Short list of sites that we DO NOT accept:

Illegal Adult sites, auction sites, phishing & fraudulent sites, hate sites, racism, violence or warez sites, sites distributing hacking tools, data, products or services, proxy scripts, sites selling unlicensed software, unlicensed banking sites, child pornography of any sort of, sites selling class 3 and above narcotics (including recreational drugs), fake site, shorten URL site.

Refund policy:

  1. All of our services cover minimum 7 days money back guarantee except domain name registration and one-time services, this includes script/ software subscriptions, labor, setup fees, late fees, script configuration, script integration, etc.
  2. You are responsible for your sites content. All sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the server without a refund.
  3. NO refunds will be issued AFTER money back period or violating TOS, even if you have paid for multiple months of hosting service in advance.

Cron jobs:

Cron jobs are not allow to run less then 24 hours interval for “Starter” shared hosting plan, 12 hours interval for “Standard” hosting plan, 6 hours interval for “Business” hosting plan, 3 hours interval for “Enterprise” hosting plan. And there is no such limitation for vps or dedicated hosting.

Inappropriate use:

  1. The service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to phishing, threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted or otherwise intellectually protected information and materials for which customer does not have authorization or authority to possess or distribute. The service must not be used to request unlawful services or materials or activities that MagpieHost.com deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to general fraud and scam sites.
  2. Obscene speech or materials – the distribution of child pornography or any obscene, abusive, defamatory or threatening speech or material will not be permitted. You are NOT permitted to host any site containing adult oriented content, including nudity of any kind. Portal sites linking directly to adult oriented content are also unacceptable.
  3. Intellectual property infringement – any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.
  4. Spamming – sending unsolicited commercial bulk email (“UCE”), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow “spam”ing (known as “ghost sites”) that directly or indirectly refers to domains or IP addresses hosted by MagpieHost.com. MagpieHost.com reserves the right to determine in its sole discretion what constitutes “UCE” based spamming on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site. If any IP get blacklisted, responsible client need to pay the IP cleanup fee that we may get charge by our Data Center.
  5. Maintaining an open email relay – allowing email to be sent through customer’s system by a third party (i.e. neither to nor from customer or customer’s accounts).
  6. Virus, worm, or trojan horse program distribution – the deliberate transmission of computer viruses, worms or trojan software.
  7. Denial of service – using any technique to intentionally degrade or disable the delivery of any legitimate data.
  8. Glutting of servers – over sized storage of any files that would be unreasonably large (i.e. making a zip file filled with text files just to pad the size). Again, your web space is not for data back up. It is only for hosting real sites. If you need backup service you can buy our backup server powered by R1soft Enterprise Continuous Data Protection.
  9. Unauthorized access – attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the service to guess passwords.
  10. Applications – customer may not run any program or script on the server that runs constantly or ‘listens’ on ports unless provided in the control panel. This includes applications associated with chat services.
  11. Public forums – Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the service.

Customer responsibilities:

  1. Bulk email – customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee’s address in each bulk email message.
  2. CPU usage – sites may not use extreme unwarranted CPU usage. This includes usage of “heavy” scripts or flash/ shockwave files. By heavy we mean over sized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
  3. Service resale – customer may not resell the service or any portion of the service unless under a Reseller plan.
  4. Password protection – customer is responsible for protecting passwords and for any authorized or unauthorized use.
  5. Content protection – customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that customer publishes via any service.
  6. Content ownership – customer is responsible for all content or information residing on, or obtained, or transmitted via, the service, regardless of whether such use is by Customer.
  7. File repository / dump sites – customer may not use disk space as a file repository, or dump site. This includes but is not limited to; warez, serialz, sound files, applications, zip files, using the space in order to store content used on other sites (remote linking).
  8. Free email / hosting sites – we do not permit the free giving of POP email accounts or the issuing of free hosting to third party. This includes near free (1 cent per year for instance).
  9. Facilitating AUP violation – customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.

AUP enforcement:

Violation of the AUP may subject customer to international, federal, and/or state civil and/or criminal liability. MagpieHost.com reserves the right in its sole discretion and without prior notice to suspend and/or terminate customer’s access to the service at any time for violating this AUP. MagpieHost.com also reserves the right to suspend, filter or block, and/or terminate customer’s access if customer’s account is being compromised and/ or used to exploit or attack the service or the networks of others. If customer’s access is suspended or terminated, MagpieHost.com in its sole discretion may refuse to accept all new e-mail sent to the terminated e-mail address and delete customer’s data stored on service. MagpieHost.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Violation of rules:

Violation of any of these aforementioned rules may result in immediate account suspension without refund, as well as criminal prosecution where deemed necessary.

Limitations of liability:

MagpieHost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. MagpieHost.com shall be the sole arbiter of what is and is not a violation of these acceptable usage policies. MagpieHost.com reserves the right to terminate an account at any time and for any reason that causes harm to any customer’s web sites. MagpieHost.com reserves the right to delete all content and files upon termination. MagpieHost.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. MagpieHost.com reserves the right to refuse, cancel, or suspend service at our sole discretion. MagpieHost.com reserves the right to change these policies without prior notice or warning. Non-enforcement of any part of these policies does not constitute consent.