TRAFFICDX CUSTOMER HOSTING TERMS OF SERVICE...

MagicalWebhost.com is a web hosting provider for TrafficDX Script Owners (hereinafter called Customer) providing a virtual private server environment on our dedicated servers. User accounts on our dedicated servers are subject to compliance with the terms and conditions set forth below.

This agreement represents the complete agreement and understanding between MagicalWebhost.com and the Customer and supersedes any other written or oral agreement. Upon notice published on this website, MagicalWebhost.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

Under the terms of this agreement, your placement of information on MagicalWebhost.com's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on MagicalWebhost.com's servers, and should notify our support department so we can assist you with closing your account.

1. USER CONDUCT

MagicalWebhost.com's services may only be according to the law. Any use of these services which violates any local, state, federal, or international laws which may apply to MagicalWebhost.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not:

A. Restrict or inhibit any other user from using the Internet;

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;

C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)

MagicalWebhost.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed immediately upon receiving a complaint and or notice of copyright infringement.

2. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MagicalWebhost.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, MagicalWebhost.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.

3. REFUSAL OR DISCONTINUANCE OF SERVICE

MagicalWebhost.com reserves the right to refuse or discontinue service to anyone at MagicalWebhost.com's sole discretion. MagicalWebhost.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that MagicalWebhost.com, in its sole discretion, believes violates any of the terms and conditions in this agreement.

MagicalWebhost.com shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

You agree that MagicalWebhost.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

MagicalWebhost.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

MagicalWebhost.com reserves the right to refuse connections from anonymous ip address service providers or any other ip address, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. NO WARRANTIES

MagicalWebhost.com makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MagicalWebhost.com or its agents or employees shall create a warranty. MagicalWebhost.com provides no warranty that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free from viruses or other harmful components.

Under no circumstances shall MagicalWebhost.com be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Webspace, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with MagicalWebhost.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on MagicalWebhost.com's servers that such information becomes available to all Internet users and that MagicalWebhost.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of MagicalWebhost.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through MagicalWebhost.com or on the Internet generally.

5. ECPA NOTICE

MagicalWebhost.com reserves the right to monitor any and all communications through or with our facilities. You agree that MagicalWebhost.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply MagicalWebhost.com with a current and truthful name, postal address, and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by MagicalWebhost.com, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at MagicalWebhost.com. You agree to abide by any and all future MagicalWebhost.com policy decisions.

You agree not to use surf timers below 10 seconds and the "Guest Statistics" feature of our TrafficDX software must not be enabled since either will create an excessive server load resulting in interference for other customers as mentioned above.

8. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify MagicalWebhost.com immediately in writing by registered mail, with return receipt, to MagicalWebhost.com, 635 Columbine Ave, Cedar Park, TX 78613. You shall be held fully responsible for any misuse or compromise of your account for which MagicalWebhost.com is not properly notified.

You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features.

You agree that if any security violations are believed to have occurred in association with your account, MagicalWebhost.com has the right to suspend access to the account pending an investigation and resolution. You also agree that MagicalWebhost.com has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

9. BACKUP OF DATA

Your use of the service is at your sole risk. MagicalWebhost.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MagicalWebhost.com servers.

10. TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of MagicalWebhost.com or any other service with reference to services obtained through MagicalWebhost.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning, and you will be held fully responsible for any damages to you, MagicalWebhost.com, or any other party or parties resulting from any such conduct.

11. PAYMENT

You agree to supply appropriate payment for the services received from MagicalWebhost.com, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify MagicalWebhost.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that MagicalWebhost.com may apply the amount due to the provided card at any time.

12. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with MagicalWebhost.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

13. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

14. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable laws of the State of Texas and the United States of America. Customer agrees that all services provided by MagicalWebhost.com shall be deemed to have been requested and provided in the city of Cedar Park, Texas. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

15. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on MagicalWebhost.com's servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand them.

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