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Magellan Hosting!" Terms and Conditions

Magellan Hosting!™ reserves the right to change these Terms and Conditions at any time, so please refer to these pages when in doubt. By using or applying to use our services, you agree to comply with our policies as outlined below. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. The following are unacceptable uses which will result in the suspension or termination of your account without refund:

• Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, drug dealing, and other illegal activities.
• Pornographic or obscene subject matter and references to such.
• Hacker activity involving your account, whether directly deliberately caused by customer or not. We reserve the right to remove permission to access servers by FTP/Telnet/POP if we suspect security violation attempts. Suspected hacking may result in a suspended or deleted account.
• Spamming  Sending of unsolicited commercial e-mail or newsgroup posts from the server or involving your domain. Suspected spamming may result in a suspended or deleted account.
• Mail bombing  Sending of large files or e-mails to other users against the request of an Internet user whether or not our servers are used.
• Other non-defined activities that Magellan Hosting!™ considers, at its sole discretion, to be inappropriate or immoral.
• Storage and/or distribution of copyrighted MP3 files or pirated software or programs which are intended or used for security violation purposes (hacking software).
• Attempted use of IRC-related software on the server.

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that damage Magellan Hosting's!" commercial reputation and goodwill.

Our servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws.

Examples of non-acceptable content or links: "pirated software", "hackers' programs or archives", "warez sites", "IRC bots", and "MP3 files".

Magellan Hosting!™ will be the sole arbiters as to what constitutes a violation of this provision.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, or forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Other violations include, but are not limited to, employing posts or programs which consume excessive CPU time or storage space, permitting the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for a user's own account; or resale of access to CGI scripts installed on our servers.

All transactions are in U.S. dollars ($). Magellan Hosting!™ reserves the right to change prices at any time without notice. Returned checks or chargebacks will be charged a $25.00 fee.

Cancellation of accounts may require disconnection fees depending on the service being provided, which fees will be determined by Magellan Hosting!™.Client must give 30 calendar days notice of cancellation request, by e-mail, by phone, or by using our Cancellation Request Page. (Magellan Hosting!™ will confirm by return e-mail. Proof of confirming e-mail may be requested in the event of a dispute. So, save your e-mail!) No other method of cancellation is provided. If a balance is due at the time of cancellation, the balance must be paid in full before cancellation can occur. Cancellation does not absolve Customer of outstanding obligations.

No refunds will be given for any account after the first fifteen (15) calendar days of service, except as stated in our "3 Month Money-Back 100% Satisfaction Guarantee". Domain registrations and any service or setup fees are non-refundable. All accounts will be automatically renew at the expiration of the account period. No refunds will be given if Customer fails to cancel account before renewal period as outlined above. Credit or debit cards will be automatically charged if any amount is due.

Past due notices will be sent by e-mail only. No notices will be sent by postal mail, fax, or by any other method. Users are responsible to provide current and accurate postal address, e-mail address, postal address, and billing information.

No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

SPAM COMPLAINTS
Sending unsolicited e-mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. Complaints received concerning spam by a Magellan Hosting!™ user may result in charges of $0.25 per complaint to that user's account at the sole discretion of Magellan Hosting!™. Magellan Hosting!™ will make every effort to determine if a user is responsible for the spam before charging their account. However, such determination will be made at the sole discretion of Magellan Hosting!™. Credit or debit cards will be automatically charged if any amount is due.

When Magellan Hosting!™ becomes aware of an alleged violation of its Terms and Conditions, Magellan Hosting!™ will initiate an investigation. During the investigation Magellan Hosting!™ may restrict Customer's access by suspension in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Magellan Hosting!™ may, at its sole discretion, restrict, suspend, or terminate the Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Magellan Hosting!™ will notify the appropriate law enforcement department of such violation.

Magellan Hosting!™ reserves the right to add, delete, or modify any provision of this Policy at any time without notice. Magellan Hosting!™ reserves the right to change fees, surcharges, or institute new fees at any time without prior notice. In the event of non-payment, any breach of this agreement, or for any other reason within the sole discretion of Magellan Hosting!™, Magellan Hosting!™ shall have the right to immediately, without need for notice, terminate client's hosting account. This agreement is not assignable or transferable without express written consent of Magellan Hosting!™. In the event of non-payment a customer account may not be terminated until all fees are settled. Additional charges may arise from overdue payment.

Magellan Hosting's!" hosting services may only be used for lawful purposes. Transmission of any material in violation of any U.S. federal or state regulation or the regulation of any country in which the client may be located is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or in any way a violation of intellectual property laws.

Account setup times, where indicated, are estimated and not guaranteed.

Magellan Hosting!™ reserves the right to deny any part of service without notice.

Client specifically agrees to indemnify and hold Magellan Hosting!™ harmless in any legal action which arises as a result of your use of our service, without limitation or exception. This indemnification extends to all issues associated with your account, including but not limited to domain name selection and web site content.

Magellan Hosting!™ cannot be held legally accountable for any losses which result from the use of its services.

Magellan Hosting!™ reserves the right to refuse, suspend or discontinue service to anyone at any time, at their sole discretion without prior notice or refund of any service fees paid. Magellan Hosting!™ is a Christian-based organization, and reserves the right to refuse, suspend, or discontinue service to accounts which display anti-Christian and/or cultic materials at our sole discretion.

All controversies, claims, or disputes arising out of or relating to these Terms and Conditions, or the breach thereof, or any aspect of service provided by Magellan Hosting!™ may be settled by arbitration by an independent arbiter(s) to be chosen by Magellan Hosting!™. Magellan Hosting!™ may elect a court proceeding rather than arbitration at our sole discretion, but users are bound by this agreement solely to arbitration as stated above. If a controvery, claim, or dispute is brought by the Customer against Magellan Hosting!™, the Customer will pay all arbitration costs. The award rendered by the arbitrator(s) shall be final and binding upon the parties hereto.

The agreement constitutes the entire agreement between the parties hereto. If any portion of this agreement is determined to be void or nullified by law, all other portions of this agreement remain valid and binding upon users. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the United States and of the state of Minnesota.

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