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Terms of Service
Provision of Services I
understand and agree that, subject to the terms and conditions
of the Agreement, Netmagic shall provide me with certain Internet
access and web site hosting services. I understand and agree that
I am
fully responsible for the use of such services by me or by anyone
whom I permit
to use my account, and that Netmagic reserves the right to terminate
my account at any time, for any reason.
Payment Obligations A.
If I have given my credit card number to Netmagic, I understand
that charges will be billed to my credit
card each month for the
basic service and any additional usage. I authorize this automatic
billing by Netmagic. Netmagic's monthly billing cycle is based
on my
sign-up date, with
the basic service fee for each month charged and due at the beginning
of my billing cycle along with additional usage fees from the
previous
billing cycle. I understand
that all charges are considered valid unless disputed in writing within
thirty days of invoice date. I understand and agree that Netmagic
shall not be responsible
for any charges or expenses that I may incur resulting from overdrawing
my bank account or exceeding my credit card limit as a result
of an automatic charge
generated by Netmagic pursuant to this authority. B. If I have elected
to pay for my basic service through a prepayment plan, I understand
that the automatic
billing described in paragraph (a) shall only apply to the services,
charges, and expenses that are not paid for through the prepayment
plan.
My Obligations I understand that I am responsible for
determining whether a Netmagic phone number is within my local
calling area, and
that I am responsible
for any long distance charges I may incur in connecting to Netmagic.
If I am using one of Netmagic's unlimited plans, I agree not to provide
any
public
information services over this connection, not to use any automatic
method to avoid inactivity
disconnect, and to keep the connection active only when I am actively
using it. I understand that I may cancel my account at any time effective
the
end of that
billing cycle. If I am not satisfied and wish to cancel my account
within thirty
days of the day Netmagic activates my account, I may do so and receive
a full refund of all money paid. I understand that Netmagic may change
its
prices
from time to time, and that I will be provided with 15 days written
or electronic mail notice of any such changes. Netmagic's Acceptable
Conduct
Policy Netmagic's
Acceptable Conduct Policy (the "Policy") for Netmagic Internet
Products and Services is designed to help protect Netmagic, Netmagic's
customers and the
Internet community in general from irresponsible or, in some cases,
illegal activities. Netmagic Internet customers shall not, nor shall
they permit or assist others
to abuse or fraudulently use Netmagic Internet Products and Services,
including but not limited to the following: Sending unsolicited e-mail
("spam")
that causes complaints from the recipients of such unsolicited e-mail;
or, Mailbombing (sending large quantities of unwanted or unsolicited
e-mail to individual e-mail
accounts); or, Unauthorized attempts by a user to gain access to any
account or computer resource not belonging to that user (e.g., "spoofing");
or, Obtaining or attempting to obtain service by any means or device
with intent to avoid payment; or, Unauthorized access, alteration,
destruction, or any
attempt thereof, of any information of any Netmagic customers or end-users
by any means
or device; or, Knowingly engage in any activities that will cause a
denial-of-service (e.g., synchronized number sequence attacks) to any
Netmagic customers
or
end-users; or, Using Netmagic's Products and Services to interfere
with the use of the
Netmagic network by other customers or authorized users, or in violation
of the law or
in aid of any unlawful act. Each Netmagic Internet customer is responsible
for the activities of its customer base or end-users and, by accepting
service from
Netmagic, is agreeing to ensure that its customers abide by this Policy.
Complaints about customers or end-users of a Netmagic Internet customer
will be forwarded
to the Netmagic Internet customer's hostmaster for action. If irresponsible
or illegal activity continues, then the Netmagic Internet customer's
Products and
Services may be subject to termination or other action as Netmagic
deems appropriate without notice. As stated in the terms and conditions
for
Netmagic Internet
Products and Services, Netmagic has the right to terminate the account
of an offending
customer or take other action as Netmagic deems appropriate without
notice (e.g., address filtering). Netmagic reserves the right to modify
this
Policy at any
time. Report Policy violations to abuse@netmagic.net
Security I understand
that the information available through Netmagic or interconnecting
networks may not be accurate, including the content
displayed
on the Netmagic Desktop. I understand that some of the information
available through Netmagic or interconnecting networks may be intended
for adult
audiences. I understand that internetworking communications are not
secure, and may be subject
to interception or loss. Netmagic Internet Communications makes no
warranties of any kind, whether expressed, implied, or statutory
concerning the data
or information available through the Netmagic network.
Warranty Disclaimer
I understand that the use of my Netmagic account, and any data
of information accessed using that account, will be
completely at my
own risk. I understand that the cumulative liability of Netmagic
for any and all claims relating to the services provided by Netmagic,
in
contract,
tort,
or otherwise, shall not exceed that total amount of the basic service
fees paid to Netmagic for services within the prior year. I agree
that Netmagic
shall have
no liability for any consequential, indirect, special or incidental
damages regardless of the success or effectiveness of other remedies.
Indemnification
I agree to defend, indemnify and hold Netmagic and its affiliates
harmless from any and all liabilities, costs,
and expenses,
including
reasonable
attorneysí fees, related to or arising from , any violation
of this agreement by me or those who access the services through
my account,
or the
use of the
services or the Internet and the placement or transmission of
any message, information, software, audio files or other materials
on the Internet
by me or by those who
have access to the services through my account.
Termination I
understand that Netmagic reserves the right
to terminate my account at any time, for any reason, including,
but
not limited
to, my failure
to abide by the terms of this agreement or my failure to pay
any fees or charges when due. If my account is inactivated,
I may be
required
to pay
reconnect charges
and a prepaid deposit in order to re-activate my account. If
my account includes space on Netmagic's server, anything stored
in
this space
will be deleted upon
inactivation. I understand that violation of certain generally
accepted guidelines on Internet usage, such as restrictions
on mass e-mailings
and mass advertising,
or posting to inappropriate newsgroups, may cause severe operating
difficulties for Netmagic, and would be a likely cause for
termination of my account.
I agree to abide at all times by Netmagic's then-current Acceptable
Conduct Policy as
made available via a link on the Netmagic home page at www.netmagic.net
and by any other policies posted on the Netmagic web site.
Law
and Jurisdiction I understand and agree the laws of the State
of California govern these Terms of Service and
my
Netmagic
account.
I expressly agree that
exclusive jurisdiction for any claim or dispute with Netmagic
or relating in any way to my account or my use of Netmagic
resides in the courts
of California.
I further agree and expressly consent to the exercise of
personal jurisdiction in the courts of California in connection
with
any such dispute, including
any claim involving Netmagic or its affiliates, subsidiaries,
employees,
contractors,
officers, or directors.
Complete Agreement: Amendments This
agreement represents the complete agreement between Netmagic
Internet Communications
and
myself with
respect to the subject
matter of this Agreement, and supersedes any other written
or oral agreement. I understand and agree that Netmagic
may amend
or modify
this agreement
or impose new conditions at any time. Any use of Netmagic's
services shall be deemed to
constitute acceptance by me of the then-current service
agreement (including any amendments, modifications or new conditions)
as published and made
available via a link on the Netmagic home page at www.netmagic.net/terms.html
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