Acceptable Use Policy

Last Updated: 06/06/2008

General Summary

The following Acceptable Use Policy (AUP) will set forth general and specific information in regards to the use of Magik Hostings infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort.

Further set forth in this document will be information about general acceptable and unacceptable use. It is the duty of all users of Magik Hostings offerings to read and thoroughly understand the information set forth in this document. We explicitly reserve the right to enforce this document and further reserve the right to add to, update, change, modify or otherwise deem at any given time, conduct unbecoming and act as we see fit.

Use Prohibited

Illegal Use

Users may not transmit, retransmit or store materials in violation of any federal, state or local laws or regulations. Users may not abuse or fraudulently use products or services offered by Magik Hosting nor allow/permit such use by clients or third parties. This includes but is not limited to trademark infringement, defamation, indecency or obscenity.

Network Filtering/Blocking

Users in violation of any provision set forth in this document may have content or traffic blocked or filtered as a remedy of abuse. Notification of such filtering/blocking likely will be sent to the user, however there is no guarantee that such notification will be sent. Filtering/blocking may be manual or automatic depending on the nature of the offense.

Email

The sending of bulk mail is ONLY permitted AFTER confirmed approval has been varified with Magik Hosting. Failing to request approval will result in service suspension until verification and approval has been made. Complaints generated in regards to bulk mail are immediately deemed as proof that the recipient did not request such emails and therefore is considered abuse.
Prohibited:

• Spam. Sending Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE) for any purpose whatsoever.
• Spamvertising. Having third parties send out UBE /UCE on any user's behalf to advertise URLs or any service on Magik Hostings network.

Users must configure any email server in such a way that it will not accept third party emails for forwarding such as an open relay. SMTP servers must be configured in such a way that any user must authenticate to send email.

Magik Hosting will not send/forward complaints to users for the purposes of listwashing. Should a user have received permission from Magik Hosting to run a true "Confirmed" campaign, complaints will be handled in such a fashion that the sender may remove the recipient from their list after they have proven to the Magik Hosting that the user did opt-in. Any approved campaign found to be operating using third party "bought" lists where opt-in confirmation cannot provided, service will be suspended. Further, time stamps and IP addresses in a database with a recipient's mail address WILL NOT suffice as sufficient proof of Confirmed Opt-in. We will need to inspect the confirmation emails' headers to make sure @aol came from aol servers, etc. Recording a time stamp, email address and IP address is not Confirmed Opt-in.

Notification

Abuse

Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, pyramid schemes, phishing, and/or any conduct deemed illegal or unwanted shall be subject to suspension or termination. Users are responsible for the proper secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional.

Release of Liability

Ability to restrict conduct, communication or content which might violate this Acceptable Usage Policy prior to introduction to Magik Hostings network is not practical. Magik Hostings failure or overlook of any violation of this AUP does not constitute a waiver of Magik Hostings rights.

Remuneration

Magik Hosting users that violate this AUP or any provision herein may possibly incur fees in regards to clean-up or repair of any harmed devices, block listings, service interruptions, etc. Fees will be commensurate with the violation's severity.