Majistic.com [Web Hosting, Shells, Email Accounts, Domain Registration]

Majistic.com Terms Of Service (TOS)
--------------------------------------------
Last Updated: Tuesday, September 20th 2005.
--------------------------------------------

1. ACCEPTANCE OF TERMS
Welcome to Majistic.com! Majistic.com provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us with or without notice to you. You can always review the most current version of the TOS at any time via our website. ( http://www.majistic.com ) In addition, when using particular Majistic services, you are subject to any posted guidelines and/or rules applicable to such services. All such guidelines and rules, including but not limited to our Privacy Policy, are hereby incorporated by reference into the TOS. Majistic.com may also offer other services, such as the Majistic.com Shopping Center, that are governed by different Terms of Services which may be viewed on the appropriate sites, it is your responsibility and not Majistic's to make sure you are informed of the agreements on this or any other Majistic site.

2. YOUR PERSONAL INFORMATION OBLIGATIONS
In consideration of your use of the services provided by Majistic.com, you agree to:
(a) Provide true, accurate, current and complete information about yourself ("Personal Data") as prompted by the Customer Information Sheet and Control Panel.
(b) Maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Majistic.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Majistic has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).

3. PRIVACY POLICY
Personal Data and other information about you is subject to our Privacy Policy. For more information, see our full privacy policy on our website.

4. CUSTOMER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you (the customer), and not Majistic, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the services provided by Majistic.com. Under no circumstances will Majistic.com be liable in any way for any content, including, but not limited to, any errors in any content, any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services.

You agree to not use the services to:
(a) Harm minors in any way;
(b) Impersonate any person or entity, including, but not limited to, a Majistic.com Employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;
(d) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(f) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
(g) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) Interfere with or disrupt the services, servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
(i) Intentionally or unintentionally violate any applicable local, state, national, international law or any regulations having the force of law;
Majistic.com will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a clients site give said client their e-mail address they user should also have to verify it through e-mail afterwards before any more mail is sent. This prevents us being listed in spam databases.
Any solicitation email(s) and/or newsletter(s) sent must have a valid link at the bottom for the receiver to opt-out of any future email(s) and newsletter(s). If they so choose to opt-out you must comply with their request within 24 hours and remove them from any future mailings. Failure to do so may cause your service to be deactivated or suspended.

5. OTHER PROHIBITED ACTIONS
(a) Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Majistic.com is strictly prohibited. These attempts can include denial of service (DOS) attacks, hacking, malicious script usage, etc..
(b) Illegal use
Majistic.com's services may not be used for illegal purposes, or in support of illegal activities. Majistic.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
(c) Fraudulent activity
Use of Majistic.com's services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as, but not limited to, "pyramid schemes," and "chain letters." are STRICTLY prohibited.
(d) Unauthorized access
Use of Majistic.com's services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Majistic's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination without refund.

6. 30 DAY MONEY BACK GUARANTEE
100% satisfaction or your money back! That's how confident we are that you will love our services. If after signing up for our services you are dissatisfied due to service related problems on our part during your first 30 days of service, we will happily give you a full refund minus setup fees. Your annual or monthly contract will be cancelled, and your hosting fees refunded. You will not be charged any cancellation fees. Set-up fees, domain registration fees, upgrade packages such as extra disk space, additional e-mail accounts, etc. are non-refundable, this guarantee is only applicable to web hosting/shell and email services. Dedicated Server Hosting Services are not included in this guarantee.

7. BACKUPS
The user agrees that they will keep backups of their sites on their personal computers, and that Majistic.com accepts no responsibility for loss of data, however Majistic.com does make daily backups of all customer data. This is an extra service provided to you by Majistic.com, and as the end user it is your responsible for making sure you have up-to-date backups saved offline. If we have to locate files from our backups that users have accidentally deleted we may charge a $2.50 service fee per retrieval.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

9. INDEMNITY
You agree to indemnify and hold Majistic.com, and its subsidiaries, affiliates, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the use of our services, your violation of the TOS, or your violation of any rights of another.

10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Majistic.com may establish general practices and limits concerning use of the services, including without limitation the, maximum number of email messages that may be sent from or received by a customer, maximum size of any email message that may be sent from or received by a customer, maximum disk space that will be allotted on Majistic's servers on the behalf of the customer, and the maximum number of times (and the maximum duration for which) the customer may access the services in a given period of time. You further acknowledge that Majistic.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE
Majistic.com reserves the right at any time to modify, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Majistic.com shall not be liable to you or to any third party for any modification of the services.

12. ACCOUNT ACTIVATION
By activating your account with Majistic.com, you agree to the policies and disclaimers as set forth by Majistic. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimers. A copy of the TOS is always available on our website, and its your sole responsibility to keep yourself informed of any changes made to it as well as any other policies that you are bound to by using the services provided by Majistic.com. NOTE: Majistic.com does not provide any kind of refunds, or remissions of payments made to Majistic.com via our services, excluding that of the Online Shopping center, which is controlled by a separate Terms of Service (TOS).

13. TERMINATION
You agree that Majistic.com may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the services provided by us. We will however try to let you know by email or some other form of contacting you, before any action is taken, if at all possible.
Cause for such termination shall include, but not be limited to:
(a) Breaches or violations of the TOS or other incorporated agreements
(b) Requests by law enforcement or other government agencies
(c) A request by you

Termination of your Majistic account includes:
(a) Removal of access to all offerings within the Service
(b) Deletion of all related files and content associated with or inside your account (or any part thereof)
(c) Dropping of all domain entrys within the server, causeing the domain to be pointed at Majistic.com until it is transfered elsewhere.
(d) If you had a domain provided for you at the time of registration, and did not purchase it seperately, the domain is property of Majistic.com, please read section 14 for more details.
Furthermore, you agree that all terminations for cause shall be made in Majistic.com's sole discretion and that Majistic shall not be liable to you or any third-party for any termination of your account, associated email address, or access to the services. You understand that no refunds will be given at time of termination, no matter the length in time between the last renewal payment and the date of termination.

14. FREE DOMAINS
Certain services provided by Majistic.com include domains within the package, termed "Free Domains". These domains are purchased for you at the time of your account activation for your use, but are the property of Majistic.com as Majistic.com will have sole ownership on the domain for the duration of the one year registration. These domains are for your use while you use the services of Majistic.com and should be considered a part of the service, not a product. If at any point in time you decide to leave Majistic.com during the first year of service, the domain will stay with Majistic.com and become used by Majistic.com for corporate tasks as Majistic.com sees fit. The "Free Domain" service provides a one year registration for the domain, the customer is required to pick up any and all registration, renewal or transfer charges if they wish to continue to keep the domain active after this first year of service.

15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Majistic.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the services.

16. LINKS
The services may provide, or third parties may provide, links to other World Wide Web ("WWW") sites or resources. Because we at Majistic.com have no control over such sites and resources, you acknowledge and agree that Majistic.com is not responsible for the availability of such external sites or resources, and does not endorse as well as are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You also acknowledge and agree that Majistic.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. DISCLAIMER OF WARRANTIES
You Expressly Understand and Agree That:
(a) Your use of the services is at your sole risk. The services are provided on an "AS IS" and "AS AVAILABLE" basis. Majistic.com Expressly disclaims all warranties of any kind, whether express or implied.

(b) Majistic.com Makes No Warranty That:
(i) The services will meet your requirements
(ii) The services will be uninterrupted, timely, secure, or error-free
(iii) The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations
(iv) Any errors in the software will be corrected.

(c) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice nor information, whether oral or written, obtained by you from Majistic.com through or from the services shall create any warranty not expressly stated in the TOS.

18. MAJISTIC.COM's PROPRIETARY RIGHTS
You acknowledge and agree that the services and any necessary software used in connection with the services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Majistic.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the Software, in whole or in part. Majistic.com grants you a personal, non-transferable and non-exclusive right and license to use the Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software as long as your account remains open. You agree not to modify the Software in any manner or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the services. You agree not to access the services by any means other than through the interfaces that are provided by Majistic.com for use in accessing the services. Please note that these rights and licenses are revoked at the time of cancellation and/or termination of your account with the services provided by Majistic.com.

19. LIMITATION OF LIABILITY
You expressly understand and agree that Majistic.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the services; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the services; (v) Any other matter relating to the services.

20. NOTICES
Notices to you may be made via email, regular mail or any other form of communication we deem necessary. The services may provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on one or more of the services.

21. TRADEMARK INFORMATION
Majistic, Majistic.com, Majistic.net, Majistic.us, Majistic.biz, the Majistic.com logo, trademarks, service marks, and other Majistic logos, product and service names are trademarks of Majistic, Inc. ("Majistic Identifiers"). Without Majistic's prior written permission, you agree not to display or use in any manner, the Majistic Identifiers.

22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Majistic and govern your use of the services, superceding any prior agreements between you and Majistic.com. You also may be subject to additional terms and conditions that may apply when you use other Majistic services, affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Majistic.com shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and Majistic.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of York, the city of Rock Hill, and the state of South Carolina. You also agree that you will pay any and all applicable(ex. attorney) fees related to a lawsuit that you create againts Majistic.com or any related parties if you shall lose the lawsuit. The failure of Majistic.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain intact, in full force, validity and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. EXTRA NOTICES
(1) Majistic.com reserves the right to change any or all of the above Policies, Guidelines, and Disclaimers with or without notification.
(2) Majistic.com cannot be held liable for system downtime, crashes, data loss nor any predicted estimate of profits in which a client would have gained if their site were functioning.
(3) The section titles in the TOS are for convenience only and have no legal or contractual effect.
(4) Customer's continued use of the services constitutes their acceptance of the current terms of service.

If you do not agree to all of the above terms, please contact support@majistic.com to terminate your account.