Terms Of Service Agreement


Effective date - October 1, 2000

Magees.Net (hereafter referred to as Magees.Net, we, or us) is committed to providing the best possible service to its subscribers. Upon creation of an account, both Magees.Net and the Account Holder (hereafter referred to as you) undertake certain responsibilities and enjoy certain privileges. The most important of these are outlined below. Any comments or suggestions about this agreement should be sent to admin@magees.net

This Terms of Service (TOS) agreement is intended to protect us, our users, and others on the Net. Failure to abide by the TOS may result in immediate termination of your account without refund. Creative attempts to circumvent our rules are similarly unacceptable.


You must accept individual responsibility for your account. We expect that you will adhere to reasonable security standards and not share your password, leave your password lying around in plain text, or otherwise compromise the security of your account. Our accounts are all single user only, and there are very few reasons anyone would need to give out his or her password. Feel free to email support for help with changing your password. Understand that unless we have reason to believe your account was broken into by means completely out of your control, we will hold you responsible for policy violations stemming from your account.

Table of Contents:

  1. General
  2. Lawful Use
  3. Legal Reporting
  4. Changes to Service
  5. Payment Terms
  6. Warranty
  7. Backing up your data to prevent loss
  8. Indemnity
  9. Non-transferability
  10. Interpretation
  11. Services
  12. Account Termination and Suspension
  13. Causes for Account Termination
  14. Reselling
  15. Account Term
  16. Account Cancellation
  17. Adult Content Notificaiton
  18. Modification of Terms
  19. Confidentiality
  20. Ownership of code
  21. Distribution of Services

Section 1.) General

These terms and conditions of sale set forth the basic rules which apply to Magees.Net services and use of its system. Magees.Net offers web services on its system to its subscribers. Magees.Net does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. Magees.Net. may change these terms and conditions of sale in the future upon notice published on-line or otherwise provided by Magees.Net. By using Magees.Net services and system, a subscriber agrees to comply with the terms and conditions of sale as published online or otherwise available from Magees.Net. If any change to the terms or conditions of sale, Magees.Net services, system or pricing is unacceptable to a subscriber, the subscriber may terminate their account in accordance with Section 12 and 16 below.
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Section 2.) Lawful Use

Magees.Net services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Magees.Net services and system shall not be used in a manner which would violate any law or infringe upon any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.  Use and access to other networks through Magees.Net system must comply with the rules for such other networks. It is unlawful to transmit any material in violation of any United States or state regulations. Such material includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secret. Public Domain material (e.g., text, programs, and images) may be transmitted using Magees.Net services. The responsibility for determining whether any material is in the public domain is the Account Holder's. Transmission of copyrighted material (e.g., text, programs, and images) requires the express permission of the copyright holder. The responsibility for obtaining this permission is the Account Holder's. If the Account Holder's use of Magees.Net services damages that Account Holder or anyone else the Account Holder will indemnify Magees.Net and hold Magees.Net harmless from any claims.
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Section 3.) Legal Reporting

The Account Holder understands that violation of these Terms and Conditions is unethical and may involve criminal offense. When Magees.Net becomes aware of such violations it is obliged to investigate and, should it be necessary, inform and cooperate with the appropriate local, state, and federal authorities in their investigations.
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Section 4.) Changes to Service

The services provided by Magees.Net are expected to change from time to time. Magees.Net reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, and system hardware and software.
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Section 5.) Payment Terms

Rate Changes:
A subscriber must pay fees per Magees.Net rate schedule in effect as a condition to obtaining access to Magees.Net services and system.  From time to time rate changes may occur without prior notice.  Rate changes will be effective when published on-line on the Magees.Net web site or otherwise provided to subscribers.

Due Dates and Delinquency:
Payment terms of monthly fees are net 30 days from the customer's anniversary or billing date.  All invoices are sent before services are rendered.   Payments not made within 30 days of billing date are considered delinquent. Delinquent accounts are subject to immediate suspension and/or termination without notice.   Monthly charges will be pro-rated.

Reconnection of suspended accounts:
Any account that is suspended for delinquency is considered a new account at the time of reactivation.  Magees.Net reserves the right to offer special payment terms on a case by case basis to individual customers and businesses.
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Section 6.) No Warranty; Limitation of Liability

USE OF Magees.Net SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. Magees.Net DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Magees.Net MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. Magees.Net SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL Magees.Net BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. THE MAXIMUM LIABILITY OF Magees.Net TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO Magees.Net NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO Magees.Net DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. Magees.Net will not be responsible for any damage the Account Holder suffers or any fees, including attorney's fees, the Account Holder incurs. This "damage" includes, but is not limited to, loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by its own operations or the Account Holder's errors or omissions. Use of any information obtained via Magees.Net is at the Account Holder's own risk. Magees.Net specifically denies any responsibility for the accuracy or quality of information obtained through its services.
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Section 7.) Backing up your data to prevent loss

Magees.Net backs up your data automatically, but takes no responsibility for loss due to any event which may result in the loss of your data and files from our servers. By accepting this agreement you take full responsibility for backing up your data and files stored on our servers and you agree to indemnify Magees.Net against any claim made against us as a result of loss of your data or files, or the costs involved with any such claim; you also agree that Magees.Net shall not carry any liability for costs arising from any claim made against you for a loss of data.
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Section 8.) Indemnity

The subscriber agrees to indemnify and hold harmless Magees.Net, its directors, officers, shareholders, agents, employees, affiliates and its subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account whether or not authorized.
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Section 9.) Non-Transferability

Subscriber's account and right to use Magees.Net services and system is not transferable without express written consent from Magees.Net. Subscriber agrees to protect their password and account and to keep them secure from unauthorized users and use.
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Section 10.) Interpretation

These terms and conditions supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these terms and conditions shall only be effective if in a writing signed by an authorized officer of Magees.Net. These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Maryland without regard to choice of law principles.
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Section 11.) Services

Magees.Net provides services in exchange for the payment of all applicable fees and upon compliance with these Terms and Conditions by the Account Holder. A comprehensive list of Magees.Net services is available upon request.
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Section 12.) Account Termination and Suspension

Either subscriber or Magees.Net may, at its sole discretion, terminate the subscriber's account at any time with or without reason. Magees.Net also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Monthly charges will not be pro-rated in event of termination. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. Magees.Net may delete all data, files or other information that is stored in subscriber's account upon termination. Web hosting accounts that are suspended will have their domain or home page link redirected until the account has been brought up to date. When an account is terminated, all mail, files, and directories associated with it are erased. Magees.Net will not be held responsible for forwarding any e-mail on accounts that have been terminated.
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Section 13.) Causes for Account Termination:

Magees.Net reserves the right to suspend or terminate any account upon discovery of its involvement in (including but not limited to) the following activities or events with no refund for pre-paid services:

You May Not:
    1. Use Magees.Net's servers as a platform for broadcasting bulk, unsolicited commercial e-mail or Unsolicited Commercial Advertising on Magees.Net's servers or others.  This will cause automatic termination of member account with no refund.   Magees.Net maintains a "ZERO TOERANCE" policy regarding users that distribute bulk e-mail through our system or in reference to our system.
    2. Send unsolicited mass mailings or unsolicited subscriptions of any sort.
    3. Do anything illegal or anything that adversely affects Magees.Net legal interests. We recognize that not all users are well versed in the vagaries of local, state, federal, and international law. While some infractions may be due to ignorance on the part of the user, ignorance is not an excuse for breaking the law.   A guide to legal resources on the Internet is located HERE. Please consult an attorney if you are unsure of the legal status of your activities. Perpetration of unlawful activities will result in immediate termination and may result in legal action.
    4. Share your password with anyone or allow anyone else to use your personal use account except in your immediate presence.
    5. Use Magees.Net as a platform for gaining unauthorized access to or doing mischief on other systems.
    6. Use anyone else's account or password.
    7. Tamper with other accounts, or commit unauthorized intrusion into any part of Magees.Net's  system or use any of Magees.Net's  machines, files or accounts to intrude without authorization into any other system (cracking). Tampering with or violating the privacy of another Account Holder's files.
    8. Obtain or use any account at any other service provider for the purpose of committing network abuse that is prohibited by these terms of service.
    9. Create or participate in chain letters or pyramid schemes, including the infamous Make Money Fast.
    10. Use free or non-profit web hosting space for a business web site.
    11. Host, distribute, upload or broadcast adult content (porn), illegally copied programs (warez), or illegally distributed music (MP3s) on any of our servers. 
    12. Distribute, upload or broadcast illegally copied or distributed copywritten material.
    13. Run daemons, MUDs, BOTs, or other background processes.
    14. Use Magees.Net's services not included in your subscription or devise ways to circumvent security so you have access to services you haven't paid for (theft of services).
    15. Send unauthorized marketing to Magees.Net customers or staff.
    16. Overuse system resources beyond what an account was designed for. Use the system (willfully or negligently) in a manner that encumbers disk space, processors or other system resources so as to interfere with others' normal use of services on Magees.Net's or any other systems (a "denial of services" attack).
    17. Harass users (on Magees.Net or elsewhere). Sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this is harassment. In some cases, a harassing user may be warned against engaging in similar behavior with other users as well. Publishing someone's real-world data (phone number, address, social security number, etc.) in a newsgroup or on the web, etc. in such a way as to cause the person trouble or to incite others to do so (even if you don't do it yourself) is also forbidden. (Establishing that the information you published is available via other sources does not constitute a defense of this kind of harassment.)
    18. Spawn excess processes or processes that persist after the Account Holder is no longer connected (including IRC bots).
    19. Resell accounts or services. (see Section 14)
More About Spam:

Note to customers directly connected to our network:
If you have a website on our webserver, or if you house part of your website on our server, or if you have a webserver of your own connected to our network [where network is defined as Magees.Net and Delaware.net our downstream ISP] it is NOT acceptable to spam the 'net with ads for your URL. If we are informed of your so doing, we will inform the postmasters at the site of origin of the spam, assuming it's done from a remote site. If the problem continues, we may revoke your account or server hosting. We do not in any way condone spam of any kind, and we will not accept as customers users who abuse the Internet in this way.

Note to external customers and other providers:
We will not permit unsolicited commercial email (USE) or spam from your network to come through our network to our users. If we receive complaints about spam/UCE originating from your network, we will contact you. If we are unable to resolve the problem by communicating with you, we will reserve the right to take any action necessary to prevent any spam/UCE from reaching the global Internet and our users through our network. Such action may include blocking of legitimate traffic, if this is the only way to ensure that spam/UCE will not get through. This action will not be taken unless we have notified your technical contact via email at least twice.

Also, we reserve the right to terminate your account without refund for other kinds of nontrivial misbehavior. In all of these matters, decisions by the Magees.Net staff are final.
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Section 14.) Reselling

Magees.Net services are provided for the use of the party agreeing to these terms alone. Resale or use of the Account Holder's privileges and connection with Magees.Net by any other person or any other organization is prohibited.
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Section 15.) Account Term

An account is defined by its start date and its end date (in addition to the password and username). Initial payment is due at account creation. Subsequent payments are due on the end date.  If payment is not received within 7 days after the end date, the account will be suspended. To reactivate the account, total amount due will include the previously billed account balance, any associated late fees, and the next month's payment. Accounts will be suspended if a check is returned to us unpaid and will also be subject to a $25 returned-check charge.
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Section 16.) Account Cancellation

Requests for cancellation of an account must be sent to Magees.Net in writing via Certified US Mail. Refunds are available for paid months beyond the month in which the request is received. Promotional months are not refundable. Note: If a customer does not formally close their account as descibed above, the customer is responsible for the total accrued balance whether there is usage on the account or not. Accounts not paid after cancellation will be sent to a collection agency and may affect the customers credit rating.
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Section 17.) Adult Content Notice

It is difficult for Magees.Net to exercise control over the content of the information passing through or network. All Account Holders and especially parents are hereby notified that messages, conversations, and graphical images with sexually explicit and violent content exists on the Internet and consequently might be encountered when using Magees.Net services. An Account Holder must either be an adult or, if a minor, have the written consent of that minor's parent or legal guardian to these Terms and Conditions.
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Section 18.) Modification of Terms and Conditions

These published Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Upon notice published in Magees.Net's on-line documentation, Magees.Net may modify these terms and conditions, amplify them, as well as change or discontinue services offered. Use of Magees.Net services constitutes acceptance of these Terms and Conditions. If these Terms and Conditions do not meet with the Account Holder's agreement, that Account Holder should contact Magees.Net to initiate account closure and the remission of any applicable refund.
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Section 19.) Confidentiality

Electronic mail and other transmissions passing over the Internet and through Magees.Net system are not confidential. Accordingly, Magees.Net cannot guarantee the protection or privacy of any information of any user. Magees.Net reserves the right to monitor a user's mail and transmissions as a necessary incident to providing service and otherwise to protect the rights or property of Magees.Net. Magees.Net will not disclose any such information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.
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Section 20.) Ownership of Code

All code, graphics, layouts, and other web elements created by Magees Net for your web site remain copyright Magees Net unless expressly purchased as part of your contract. Sites terminated for non payment become property of Magees Net including, but not limited to domain name, code, graphics, and content developed by Magees Net. Content provided by the customer remains the property of said customer. Magees Net reserves the right to redistribute, sell, or otherwise reuse any element at our discresion.
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Section 21.) Distribution of Services

Magees Net may choose to host your site using a third party hosting partner. This may be for performance, proximity, or bandwidth reasons. Partners will be evaluated based on Magees Net standards, however Magees Net makes no gaurentee of security on these systems. You will be held to the Terms of Service of our partners in addition to the Magees Net TOS. Violation of a partner's TOS is considered violation of the Magees Net TOS. A copy of the partner's TOS will be provided upon request.
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Copyright© 2002 Magees Net Web Services
We reserve the right to amend these rules without prior notice. Changes will be announced on this page.