Terms of Use

Acceptable Terms of Use

By using our web hosting services, you agree to comply with our acceptable usage policy. We expect you to possess a basic knowledge of the Internet and computer function. We also expect you to have access to a computer which is connected to the Internet to use our services. Digital Magic Show provides web space only and is not resposible for its customers access to the Internet.You will still need an account with an ISP to access the Internet. Digital Magic Show is not responsible for website functions beyond hardware compatability. Unless hosting client chooses to purchase website maintenance and/or support, Digital Magic Show will not offer any such maintenance and/or support. All hosting clients should have basic knowledge of html and other languages used on the internet.

Illegal Usage

Digital Magic Show servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is strictly prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, 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, MP3, and IRC bots. The subscriber to Digital Magic Show service agrees to indemnify and hold harmless Digital Magic Show from any claims resulting from the use of the service that damages the subscriber or any other party.

Digital Magic Show will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content

Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Network Security

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. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Digital Magic Show shall be the sole arbiter of what is considered to be a high server usage level.

Any hosting account deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Scripts

Script sharing with domains not hosted by Digital Magic Show is not allowed. Any scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms

Digital Magic Show does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.

IRC

Digital Magic Show does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a Digital Magic Show server or using an email address that is maintained on a Digital Magic Show machine is STRICTLY prohibited. Digital Magic Show will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Digital Magic Show server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $500.00 fine and will face an immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a Digital Magic Show server or customer of Digital Magic Show is strictly prohibited.

Any sub-networks of Digital Magic Show and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Actions Taken by Digital Magic Show

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

Digital Magic Show does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Modification

Digital Magic Show reserves the right to add, delete, or modify any provision of this Policy at any time with or without notice.