Acceptance of Contractual Agreement


Magic Web India is a leading Online service provider in the IT industry, providing the best of facilities at competitive market rates. However, recent detection of misuse of our services have compelled us to take action against the violating clients and also lay down a few terms and conditions. We own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.

WEBSITE HOSTING AGREEMENT

1) Misuse of the allotted server space, bandwidth etc. By the client will lead to reduction in the space and facility given.

2) Distribution of free email IDs or Webspace to any person other than the ones related to the website owner or the company automatically gives Magic Web India the rights to decrease the number of email IDs provided.

3) Incase of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.

4) All disputes are subject to Agartala, Tripura jurisdiction only.

5) Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended.

6) Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act.

7) Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.

8) Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails, files and data by forwarding mails to other domain email IDs or by using Outlook.

9) For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason.

10) Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility ect.

11) Unfortunately if website/server etc will down then we are not responsible for any losses face by client.

12) For plan details and services provided by Magic Web India, please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.

What may not be Hosted on Our Network

Adult sites/Contents
IRC Scripts/Bots
Nulled/Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Flicker)
Video Hosting Script (Similer to You Tube)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Audio/Video Streaming (for Commercial use)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro/Commercial News Latter/Mailing Scripts or Program

Any of our clients should not run above mentioned Sites on our Server. If any them violate our terms, will cause Immediate Suspentson.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]magicwebindia[dot]com and we will be happy to assist you. 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.

Acceptable Mail Policy

There is a maximum 200 including cc and bcc (might be changed without any prior notice) outgoing email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 60 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us. bulk/mass email, Commercial News Latter etc are not allowed on Shared/Reseller Hosting. You Can contact us for Bulk Email Marketing.

Any time you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limit.) If the mailing list software you are using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your Control Panel.

IMPORTANT: If you do not throttle and you try sending 200 emails, the server will try sending all 200 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended/terminated for crashing the server.

The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM
Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.


Payment Policy

Establishment of service is reliant upon receipt by the Magic Web India of payment of affirmed charges. Following payments are due on the anniversary date of the month for that months service. Accounts that reach 72 hours past due will be suspended. If once account is suspended, it will be un-suspended only after receiving payment in our bank account.

Late Payment and Non-Payment:

72 hours past your due date, your account will be disabled (May be a Rs.200/ $4 for Hosting/Reseller Packages Reactivation fee will apply). 96 hours past your suspension, your services/server will be taken offline and "ALL FILES WILL BE DELETED FROM OUR SYSTEM".

Cancellation Policy:

Requests for canceling accounts may be made in writing or through the helpdesk system. Magic Web India preferred method of cancellation is via the helpdesk of your Magic Web India hosting account. Please log into the helpdesk and you can request to have your account cancelled.

Please note -
All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.

Refund Policy:
Money back guarantee on all our web hosting plans, packages:
To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Domain name registration, Domain Name Transfer are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process.
Please note -
Refund will be not issue to those Customers who purchase hosting and want refund after few days without any Proper reasons (Without Waiting for Any Solution) or just for they have found any other Cheap Offer. Their must have some Technical Fault which is Recorded by our Help Desk System which can not be solved or Not have any alternatives. If this will happen Magic Web India has full right make your order as a Fraud and terminate your account.
Magic Web India will not issue refunds to users who have Violated our Terms and Conditions or those who have their account terminated/suspended by Magic Web India India, for break of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.
If there is any FREE Domain offer or any Software or services offered with the package, then the client should pay the cost of those additional stuff to get full refund. The customer can place refund request only once.
Spam:
Unsolicited commercial newsletter/advertisements (spam) are not allowed in e-mail IDs and may result in cancellation/suspension/termination of the account without any prior notice.
Resource Usage:
User 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. You may link to legal torrents off-site, but may not host or store them on our shared servers.
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")
Abuse of Traffic:
If any customer violates the company’s policies in site transfer or misuse of bandwidth, Magic Web India can decrease its allotted Traffic quota or suspended/terminated his account with out any prior notice.

Abuse of Space:
As per our policies, at least 90% of your web pages (HTML) must be “Linked” with files (.GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by your visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.
Large File Policy:
Magic Web India is not for file hosting and distribution - as such, customers may not host any files larger than 40MB in size that are observed to be available for the sole purpose of download. It has been noticed that people who make use of Magic Web India are able to gain to unlimited disk space and bandwidth. But this is subject to the appropriate usage of the package offered. However, Magic Web India has certain constraints related to the type of material that may be added to the website. The server does not allow you to upload unnecessary software, audio or video files and large sized files If you are unsure whether your file is against this policy, please e-mail abuse[at]magicwebindia[dot]com.

Transfer:

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

99.99% uptime guarantee:

If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 10% discount for your following months services. for clients paying yearly, the equivalent to 10% of a monthly payment will be deducted off the next payment. Approval of the credit is at the discretion of Magic Web India dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitors network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales[at]magicwebindia[dot]com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

Backup Limit :

Any shared account using more than 20GB of disk space will be removed from our off site weekly backup with the the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Network security:

In case of any tampering done to our network security, We will take an immediate action against the respective hosting account.

Support

Magic Web India Provide 24x7x365 Support through our Help Desk System. If case Our Live Operator is Offline you have to Create a Support Ticket from our Help Desk Area.

Magic Web India does offer tech support for application specific issues such as cgi programming, php or html or any other such issue unless the Programming/Development Service Provided by Magic Web India. [ for Resellers/Partners:- Magic Web India does not provide technical support for YOUR Customers Directly. We Only Provide Support To You If Your customer get any problem they should ask you for everything and if you cant solve there problems then you have to come to us regarding the problem and we solve it !! ] Magic Web India will not make any changes in server securities (globally settings) as per clients and reselelrs request and will not provide any kind of support for third party softwares, scripts & applications (you can avail support only, if we develop the software for you).



Affiliate Program

Magic Web India Affiliate Program is Designed For Web Masters, Website Owners and for Those Who Ability to Promote Magic Web India Products and Services. By Joining Our Affiliate Program you will get a Limited Access of our Banners, Logos and Other Contents. All Affiliate Will Get a Bonus Amount of $10 Instantly After Joining Magic Web India Affiliate Program. $100 is The Minimum Amount For Getting Paid. Referral Commission is Based on the Packages and Services.
All Refferals Should Stay With us atlest 45 Days after Joining Our Services in Order to Getting Paid. If Any of Our Affiliates Made $100, But His/Her Refferals are Not 45 Days Old, Then He/She is Not Elligible for Payment. He/She Can Widthrawl The Amount Only If Their Commission for 45 Days Old Refferals. Commission Will Not Ge Generated or Will Be Removed If Any of their Referrals Leave Our Services or Take Money Back Within 30 Days. We Will Not Add Any Commission If Any Of your Affiliates Join us as an Affiliates and Not Purchase Any Products or Services. We Will Not Generate Commission If you Reffered a Clients Who Already a Active Member of Magic Web India. We Will Generate Commission for New Signups Only. Commission Will Also Not Be Generated For Suspended/Terminated Accounts. We Won't Allow Affiliates to Place our Links on Adult, Drugs, Pharmacy, Casino, Torrent Downloading, Phissing, Spamming, Hacking Sites and Any other Sites Which is Banned or Found To Be Violating Rules. We Don't Allow Spamming.

All Gifts And Prizes Will Be Given to The Eligible Affiliates. We Will Not Start Any Lucky Draw to Select Affiliates. Elligible Affiliates Will Be Chossen Based on Their Referral Results. Their is No Minimum Limit to Become a Top Affiliate. If you are the Person Who Reffers Highesr Number Of Refferals, They you will Be The 1st Top Affiliate Of The Month. We Will Choose All Top Affiliates in Same Way. Top Affiliate Of the year Award Will Be Given to The Affiliate Who Reffers Highest Number of Clients in a Calender year. If you Made Minimum Payment for Continuesly 3 Months, Then you will be Reffered as Our Active Affiliates. Only Those Affiliates Are Eligible for Recurring Payment Who was Announced as an Top Affiliates for Minimum 3 Months on a Calender year.

Magic Web India Reserve Rights to Change Commission Payouts, Cancel Any Affiliates or Deny Any Payments.



Changes of T&S

Magic Web India Reserves the right to Revise Its policies at any time without notice. Magic Web India Reservers the Right to Upgrade or Terminate Any Services Provided By Magic Web India without any Prior Notice.