WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, TheMagicHost Web Hosting can make no guarantee that any given reader shall be able to access TheMagicHost Web Hosting's server at any given time.

TheMagicHost Web Hosting 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;

FINANCIAL ARRANGEMENTS

1. Customer agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) contract depending on length of pre-payment), beginning upon commencement of service.
2. There is a one time setup fee for some of hosting and business packages, and if the customer wishes to cancel TheMagicHost Web Hosting services within Thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
3. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing or via the ticket system. 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.
4. "30-Day Money-Back Guarantee" offer only applicable to PayPal payments for shared web hosting. Other forms of payment are non-refundable. VPS or Dedicated server or any other business packages payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
5. Violations of TheMagicHost Web Hosting's Terms of Service or Spam Policy may, at TheMagicHost Web Hosting's discretion, result in immediate and permanent disablement without refund.
6. Disputed charges ("chargebacks") associated with any TheMagicHost Web Hosting account may, at TheMagicHost Web Hosting's discretion, result in immediate and permanent disablement.

TAXES

1. TheMagicHost Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or TheMagicHost Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

1. Customer will provide TheMagicHost Web Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of TheMagicHost. TheMagicHost Web Hosting shall make no effort to validate this information for content, correctness or usability.
2. Use of TheMagicHost Web Hosting'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.
3. The following examples are offered:
   • Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
   • CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. 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 TheMagicHost Web Hosting to provide this knowledge or Customer Support outside of the defined service of TheMagicHost.
5. TheMagicHost Web Hosting will exercise no control whatsoever over the content of the information passing through the network.
6. The customer agrees to make use of TheMagicHost Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. TheMagicHost Web Hosting servers are not intended as a data backup or archiving service.
7. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, proxy scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, IRC bots and bouncers (BNC) specifically may not be run on any TheMagicHost Web Hosting server. If your processes are adversely affecting server performance disproportionately TheMagicHost Web Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
8. TheMagicHost Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. TheMagicHost Web Hosting 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 TheMagicHost Web Hosting is at the Customer's own risk, and TheMagicHost Web Hosting 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. TheMagicHost Web Hosting 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.
9. TheMagicHost Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", TheMagicHost Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on TheMagicHost Web Hosting's Server. TheMagicHost Web Hosting 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 TheMagicHost. If the Customer fails to modify the material, as directed by TheMagicHost, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
10. All domain names registered through TheMagicHost Web Hosting or its affiliate domain registration site, tucubes.com, that are 'parked' or are otherwise not immediately associated with a TheMagicHost Web Hosting plan may be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via TheMagicHost. The Coming Soon web page may be modified at any time by TheMagicHost Web Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by TheMagicHost.

TRADEMARKS & COPYRIGHTS

1. Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access TheMagicHost.
2. TheMagicHost Web Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the TheMagicHost Web Hosting service.

TheMagicHost Web Hosting VPS and DEDICATED SERVER and ADD-ON Services STIPULATIONS

1. VPS and dedicated server and add-on services pricing and measurement frequency is subject to change at TheMagicHost Web Hosting's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by TheMagicHost.
2. TheMagicHost Web Hosting is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, TheMagicHost, or TheMagicHost Web Hosting's upstream providers.
3. Customer agrees that VPS or dedicated server or any add-on services payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with TheMagicHost Web Hosting mid-way through the term.
4. TheMagicHost Web Hosting is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of VPS or dedicated server packages that come installed with the server). The Magic Host may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system). TheMagicHost Web Hosting reserves the right to alter the VPS or dedicated server packages advertised on its website at its discretion.
   
   TheMagicHost Web Hosting is not responsible for notifying clients of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. TheMagicHost Web Hosting reserves the right to take any action upon VPS or dedicated servers it deems necessary at any time to protect the security and integrity of TheMagicHost Web Hosting's network.

AGE

1. 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.

INTERNET ETIQUETTE

1. 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 TheMagicHost Web Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or TheMagicHost. All messages transmitted via TheMagicHost Web Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
2. 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 TheMagicHost Web Hosting or external computers and Denial Of Service attacks of any kind.
3. For more information on acceptable practices for bulk email, the use of copyrighted materials, trademarks, and more, please contact one of TheMagicHost Web Hosting dedicated manager .

TERMINATION

1. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. TheMagicHost Web Hosting will accept termination by electronic mail or mail or fax. Notwithstanding the above, TheMagicHost Web Hosting 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. TheMagicHost Web Hosting reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

1. Customer expressly agrees that use of TheMagicHost Web Hosting's Server is at Customer's sole risk. Neither TheMagicHost, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that TheMagicHost Web Hosting'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 TheMagicHost Web Hosting Server service, unless otherwise expressly stated in this contract.
2. Under no circumstances, including negligence, shall TheMagicHost Web Hosting, its offices, agents or any one else involved in creating, producing or distributing TheMagicHost Web Hosting'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 TheMagicHost Web Hosting 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 TheMagicHost Web Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on TheMagicHost Web Hosting's Server service.
3. 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.

LAWFUL PURPOSE

1. Customer may only use TheMagicHost Web Hosting'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 TheMagicHost Web Hosting's Server.
2. 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 TheMagicHost Web Hosting'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 TheMagicHost Web Hosting . 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.

INDEMNIFICATION

1. Customer agrees that it shall defend, indemnify, save and hold TheMagicHost Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against TheMagicHost Web Hosting , 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 TheMagicHost Web Hosting against Liabilities arising out of
   • any injury to person or property caused by any products sold or otherwise distributed in connection with TheMagicHost Web Hosting's Server;
   • any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
   • copyright infringement;
   • any defective product which Customer sold on TheMagicHost Web Hosting Server.

CONTRACT REVISIONS

TRANSFER

CONTRACT