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Introduction
When you open a Mantra Network Pvt. Ltd. MagnumHost
(“MagnumHost”) account you simultaneously
join two symbiotic communities. The first is the community
formed by our network and our customers. The second
is the larger community formed by all the networks
and all the users connected to each other to form
the internet. Becoming a member of these communities
affords you certain rights and privileges, but also
imposes upon you certain duties and responsibilities.
MagnumHost has developed an Acceptable Usage Policy
(“AUP”) in order to enumerate these rights
and responsibilities to make them clearer to our customers.
This document is meant to provide a general understanding
of MagnumHost’s AUP. The following factors guide
the establishment and enforcement of MagnumHost’s
AUP:
• Insurance of reliable service
to our customers
• Insurance of security and privacy of our systems
and network, as well as networks and/or systems of others.
• Compliance with existing laws, treaties, and
regulations
• Maintenance of our reputation as a responsible
service provider
• Encouragement of responsible use of the internet
• Discouragement of activities which reduce the
usability and value of internet services in general
• Preservation of the value of internet resources
as a conduit of free and personal expression and open
exchange of information.
• Preservation of the privacy and security of
individual users
MagnumHost intends to provide its customers access to
everything the Internet has to offer. While MagnumHost
is firmly committed to the principles of free speech,
certain activities are damaging to the resources of
both MagnumHost and the Internet and therefore cannot
be permitted under the guise of free speech. The resources
of MagnumHost and the Internet are limited, and abuse
of these resources by one user has a negative impact
on the aforementioned community.
MagnumHost does not routinely monitor the activity of
accounts except for measurements of system utilization
and the preparation of billing records. However, in
our efforts to promote good citizenship within the Internet
community, we will respond appropriately if we become
aware of inappropriate use of our service. If you become
aware of inappropriate or unlawful use of our service,
please contact abuse@MagnumHost.com as soon as possible.
If a MagnumHost account is used to violate the TOS/AUP,
we reserve the right to terminate your service without
notice and you agree to indemnify MagnumHost, its affiliates,
parent, and subsidiaries against any claims threatened
or brought by third parties as a result of your violation
of this AUP and/or the content of your website. We prefer
to advise customers of inappropriate behavior and any
necessary corrective action. However, flagrant or repetitive
violations of the AUP will result in immediate termination
of service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver
of our right to do so at any time.
If you have any questions regarding this policy, please
contact us at abuse@MagnumHost.com
General Information
MagnumHost customers are prohibited from transmitting
on or through any of MagnumHost's services, any material
that appears to be, at MagnumHost's sole discretion,
unlawful, obscene, threatening, abusive, defamatory,
libelous, or encourages conduct that would constitute
a criminal offense, give rise to civil liability, or
otherwise violate any local, state, federal or international
law.
In general, you may NOT use your MagnumHost account
to do any of the following:
• Transmit obscene materials or child pornography
• Intentionally spread or threaten to spread computer
viruses or worms
• Gain or attempt to gain unauthorized access
to any network, including MagnumHost’s private
network infrastructure
• Access or attempt to access information not
intended for you
• Transmit pirated software, movies, or music
• Conduct or participate in illegal gambling
• Solicit for pyramid and other illegal schemes.
MagnumHost does not permit any site that contains:
• images (including on banner ads) of nude models
that appear to be under the age of 18 (in MagnumHost's
sole judgment)
• sexually explicit images (including on banner
ads) of models that appear to be under the age of 18
(in MagnumHost's sole judgment); or
• sites containing language promoting child pornography
together with any sexually explicit or nude images.
As required by Nepal law, MagnumHost will forward all
offenders of this policy to the appropriate agency.
MagnumHost's services may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data or material in violation of Federal or State regulation
or law, or by the common law, is prohibited. This includes,
but is not limited to, material protected by copyright,
trademark, trade secret, or any other statute. MagnumHost
reserves the right to remove such illegal material from
its servers without notice and/or to immediately terminate
service.
You, the customer is responsible for keeping his or
her billing data with MagnumHost up-to-date and accurate.
Furnishing false data on any contract or application,
including fraudulent use of credit card numbers, is
grounds for immediate termination, and may subject the
offender to civil or criminal liability.
MagnumHost reserves the right to determine whether any
use of the service is a violation of this policy. Guidelines
for using your account are outlined herein. This information
is only a guideline, and is not intended to be all-inclusive.
Past Due Accounts
Any MagnumHost account that is past due will be suspended
until such time that the past due invoice is paid and
the account is brought back into good standing. If,
for whatever reason, the account is not brought back
into good standing within 10 calendar days of becoming
past due the account and all its files will be removed
from the server at the close of business on the 10th
day (6pm server time).
Shell Account Policies
MagnumHost may determine at its sole discretion if any/all
plans offered will have shell account access. If a plan
includes shell access, or shell access is granted at
some later date the following general rules will apply
to said access:
• Shell accounts may not be used to do any type
of compilation of any sort from C, C++ programs.
• IRC and IRC bots are not permitted on any of
the accounts given.
• Hacking attempts or scanning will result in
immediate termination service.
• High load average during your shell session
will not be permitted or tolerated.
• Bouncers, BNC are not permitted on shell accounts
given.
• Snooping through system files or directories
is consider a "hacking" attempt and will result
in account termination.
• Shell access is a privilege to use and should
not be abused; suspension of shell and/or service will
result if abused.
Electronic Mail
All hosting plans offered by MagnumHost contain some
level of access (dependent on hosting plan(s) purchased)
to the ability to send and receive electronic mail.
Misuse of electronic mail may result in termination
of service. The following examples are non-exclusive
and are provided for clarification:
• You may not use your account to send unsolicited
bulk or commercial messages ("spam"). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious
tracts. Such messages may only be sent to those who
have explicitly requested it.
• You may not use your account to collect responses
from unsolicited bulk or commercial e-mail sent from
accounts with other providers.
• Forging, altering or removing electronic mail
headers is prohibited.
You may not send numerous copies of the same or substantially
similar message, nor may you send very large messages
or files to a recipient, with the intent to disrupt
a server or account ("mail bombing").
• You may not use electronic mail to harass or
intimidate others. Harassment, whether through language,
frequency of messages, or size of messages, is strictly
prohibited. Sending a single unwelcome message may be
considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages.
• You may not forward or otherwise propagate chain
letters, whether or not such messages solicit money
or other items of value, and whether or not the recipient
wishes to receive such mailings.
• MagnumHost accounts may not be used to collect
replies to messages sent from another Internet service
provider if those messages violate this AUP or the AUP
of the other service provider.
• If you use the services of another provider
to promote a web site hosted by or through MagnumHost,
then the provisions of this AUP shall apply to the methods
used to promote such site.
Web Sites
MagnumHost provides storage space and access for web
sites through its web hosting services. In addition,
dedicated accounts may provide for the hosting of web
sites. MagnumHost will not routinely monitor the content
of your web site(s).
You are solely responsible for any information contained
on your web site. However, if complaints are received
regarding language, content, or graphics contained on
your web site, MagnumHost may, at its sole discretion,
remove the web site hosted on MagnumHost servers and
terminate your web hosting service. You agree to promptly
and fully reimburse MagnumHost for any reasonable expenses
it incurs (including, but not limited to, attorney's
fees) in defending itself from third party claims relating
to any of the content (whether created by you, your
customers, or your users) contained on your website(s).
You may not use your web site to publish material which
MagnumHost determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of
this policy, "material" refers to all forms
of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings or logos), executable programs, video recordings,
and audio recordings.
Unlawful content is defined as content which violates
any law, statute, treaty, regulation, or lawful order.
This includes, but is not limited to: obscene material;
defamatory, fraudulent or deceptive statements; threatening,
intimidating or harassing statements, or material which
violates the privacy rights or property rights of others
(copyrights or trademarks, for example).
Objectionable content is otherwise legal content with
which MagnumHost concludes, at its sole discretion,
it does not want to be associated in order to protect
its reputation and brand image, or to protect its parent,
subsidiaries, employees, shareholders and affiliates.
Examples of prohibited web site content:
• Materials which hold MagnumHost, including its
affiliates, employees or shareholders up to public scorn
or ridicule.
• Materials which encourage the commission of
a crime; or which tends to incite violence; or which
tends to degrade any person or group based on sex, nationality,
religion, color, age, marital status, sexual orientation,
disability or political affiliation.
Security
You, the client are solely responsible for any misuse
of your account, even if the inappropriate activity
was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others
do not gain access to your account. In addition, you
may not use your account to breach security of another
account or attempt to gain unauthorized access to another
network or server.
You must adopt adequate security measures to prevent
or minimize unauthorized use of your account.
You may not use MagnumHost’s services to circumvent
or attempt to circumvent user authentication or security
of any host, network, or account ("cracking").
This includes, but is not limited to, accessing data
not intended for you, logging into or making use of
a server or account you are not expressly authorized
to access, or probing the security of other networks.
Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools include,
but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not use MagnumHost’s services to interfere
or attempt to interfere with service to any user, host,
or network ("denial of service attacks").
This includes, but is not limited to "flooding"
of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users who violate systems or network security may incur
criminal or civil liability. MagnumHost will cooperate
fully with investigations of violations of systems or
network security at other sites, including cooperating
with law enforcement authorities in the investigation
of suspected criminal violations.
Network Management
You are responsible for ensuring that the services obtained
from MagnumHost are used in an appropriate manner by
your customers and users. Therefore, you must take steps
to manage the use of the services obtained from MagnumHost
in such a way that network abuse is minimized. You must
also make contact information available to MagnumHost,
and you must respond in a timely manner to complaints
concerning misuse of the services obtained from MagnumHost.
Failure to responsibly manage the use of the services
obtained from MagnumHost may be cause for suspension
or termination of service.
You must designate one or more individuals ("Contacts")
to be responsible for every host, IP network or subnet
connected to the Internet through the use of the services.
You must provide Contact names, phone numbers, and postal
and e-mail addresses ("Contact Information")
to any and all appropriate Domain Name Registrars prior
to the initial network connection of your service. You
must keep Contact Information updated and accurate at
all times. Changes in the Contact Information must be
sent to the appropriate Domain Name Registrars in a
timely manner.
Contacts must have the authority, access, and tools
necessary to configure, operate and control access to
your systems. For important timesharing hosts, primary
domain name servers and mail relays or gateways. Contacts
must be accessible to MagnumHost via telephone 24 hours
a day 7 days a week.
Every customer who allows third party access to the
services provided by MagnumHost, whether such third
parties are employees, users, or customers, must maintain
a postmaster address for the receipt of complaints by
e-mail. Messages delivered to the postmaster address
must be reviewed and handled in a timely manner.
Network Performance
MagnumHost accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one
customer may have a negative impact on all other customers
and may result in account investigation. Misuse of network
resources in a manner which impairs network performance
is prohibited by this policy and may result in termination
of your account.
You are prohibited from excessive consumption of resources,
including (but not limited to) CPU time, memory, disk
space and session time. You may not use resource-intensive
programs which negatively impact other customers or
the performance of MagnumHost systems and/or networks.
MagnumHost reserves the right to terminate or limit
such activities.
Illegal Activity
Any activity on our network that is a violation of law
is a violation of this policy and will result in immediate
termination of service. Prohibited activities include,
but are not limited to:
• Transmitting obscene materials or child pornography
• Intentionally spreading or threatening to spread
computer viruses
• Gaining or attempting to gain unauthorized access
to any network, including MagnumHost's private network
infrastructure
• Accessing or attempting to access information
not intended for you
• Transmitting pirated software
• Conducting or participating in illegal gambling
• Soliciting for pyramid and other illegal schemes.
MagnumHost does not permit any site that contains:
• images (including on banner ads) of nude models
that appear to be under the age of 18 (in MagnumHost's
sole judgment),
• sexually explicit images (including on banner
ads) of models that appear to be under the age of 18
(in MagnumHost's sole judgment); or
• sites containing language promoting child pornography
together with any sexually explicit or nude images.
As required by federal law in Nepal, MagnumHost will
forward all offenders of this policy to the appropriate
agency.
Privacy Statement
MagnumHost has a policy to respect and protect the privacy
of its customers and their information that is stored
with MagnumHost. MagnumHost will only access and disclose
information as necessary to comply with applicable laws
and government requests, to provide its services, to
operate or maintain its systems or to protect itself
or its customers.
MagnumHost reserves the right to add, delete, or modify
any provision of its Terms of Service or Acceptable
Usage Policy at any time without notice.
Money-back Guarantee
MagnumHOst provides a full 30 calendar day’s money
back guarantee on all of its plans except for Reseller
Plans. If you are dissatisfied with your service for
any reason you are eligible for a full refund (not including
any setup or overage charges) if you cancel your account
within 30 days of activation.
Our refund policy does not apply to any additional items
or services; this includes, for example, but is not
limited to:
• Dedicated IP's
• Dedicated name servers and
• Additional MySQL databases
• Domain registration
• Setup charges
No refunds are available after the initial 30 day period.
Any request for cancellation must be received via the
web, or regular mail and you will receive a confirmation
upon the cancellation of your account.
Cancellations over the telephone and informal email
are not accepted.
This 30 day money back guarantee does not apply to
Reseller Accounts, or any fees associated with these
accounts. Accounts cancelled/terminated by MagnumHost
for violating our Terms of Service and/or Acceptable
Usage Policy do not qualify for our 30 day money back
guarantee.
Please allow 3-4 business days for refunds to take
place.
MagnumHost reserves the right to modify this guarantee
at any point in time without prior notice.
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