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hosting services terms and conditions

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Please read the following information before ordering a hosting package. The use of hosting services from The Magic Lantern Company [hereafter referred to as "TMLC"] constitutes agreement to these terms..

1) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

2) Domain Transfers

Unless it has been agreed otherwise, it is your responsibility to organise the transfer of a domain name to your hosting account.

3) Content

Hosting and related services provided by TMLC may only be used for lawful purposes. The customer agrees to indemnify and hold harmless TMLC from any claims resulting from the use or misuse of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email hosting@tmlc.com.au with the information required.

Examples of unacceptable material on all accounts include:

RC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

Accounts found to be infringing these conditions will be terminated without refund.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email concerning abuse within 48 hours may result in the suspension or termination of your services.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice or refund.

Violations may be reported to the appropriate law enforcement agency.

If in doubt regarding the acceptability of your site or service, please contact us at hosting@tmlc.com.au and we will be happy to assist you.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

TMLC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

TMLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of TMLC.

5) Payment Information

You agree to supply appropriate payment for the services received from TMLC, in advance of the time period during which such services are provided. You agree that until and unless you notify TMLC of your desire to cancel any or all services received, those services will be billed on a recurring basis. .

As a client of TMLC, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. TMLC provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

TMLC reserves the right to change the monthly payment amount and any other charges at anytime.

6) Backups and Data Loss

Your use of the service is at your sole risk. TMLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TMLC servers.

7) Cancellations and Refunds

TMLC reserves the right to cancel the account at any time with or without notice.

Abusive communications to our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time with notification by email. Once we receive your cancellation and have confirmed all necessary information your account will be canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately

There are no refunds on negotiated fees for extra services (eg. customised installation). Only first-time accounts are eligible for a "within 30 days" refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

8) Resource Usage

Users may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")

9) INODES

The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

10) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11) Money back Guarantee

Each of TMLC's hosting accounts carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days you will be given a full refund of the contract amount and your account cancelled. This is only for hosting packages and does not apply to negotiated administrative fees or install fees for custom software.

12) Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of TMLC dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact hosting@tmlc.com.au with justification. All requests must be made in writing via email.

13) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed and the right to increase the amount of resources given to plans at any time.

14) Indemnification

Customer agrees that it shall defend, indemnify, save and hold TMLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TMLC, 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, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless TMLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TMLC; (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 customers from TMLC's server.

15) Disclaimer

TMLC shall not be responsible for any damages your business may suffer. TMLC makes no warranties of any kind, expressed or implied for services we provide. TMLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TMLC and its employees.

16) Disclosure to law enforcement

TMLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17) Changes to the TOS

TMLC reserves the right to revise its policies at any time without notice.