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Magic Wireless Internet Service Providers LLC ACCEPTABLE USE POLICY
Magic Wireless Internet Service Providers LLC, or
MagicWISP Acceptable Use Policy ("AUP") is provided to give our customers and
users a clear understanding of what MagicWISP expects of them while using the
service. All users of MagicWISP's Internet services, including those who
access any of our Services but do not have accounts, as well as those who pay
a service fee to subscribe to the Services, must comply with this AUP and our
TOS (Terms of Service).
Use of MagicWISP Service constitutes acceptance and agreement to MagicWISP's
AUP as well as MagicWISP's TOS (Terms
of Service).
MagicWISP strives to provide its customers with the highest quality Internet
service available and at the same time respect the standards that have been
created within the Internet community. To that end, MagicWISP believes that
certain activities and conduct is inappropriate or abusive and will not be
tolerated on the MagicWISP network.
MagicWISP supports the uncensored flow of information and ideas over the
Internet and does not actively monitor subscriber activity under normal
circumstances. Similarly, we do not exercise editorial control over the
content of any web site, e-mail transmission, newsgroups, or other material
created or accessible over or through the services. However, in accordance
with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion, may be considered or
thought to be illegal, may subject us to liability, or which may violate this
AUP. MagicWISP will cooperate with legal authorities and/or third parties in
the investigation of any suspected or alleged crime or civil wrongdoing. An
alleged violation of this AUP may result in the temporary suspension of any
and/or all services on your MagicWISP account WITHOUT PRIOR NOTICE pending an
investigation into the matter. At the conclusion of the investigation, if it
is determined that the violation is legitimate, your account with MagicWISP
may be terminated or other actions may be taken as detailed in this AUP. If it
is determined that the alleged violation was illegitimate, service will be
restored promptly.
Violations of MagicWISP Accepable Use Policy
The following activities constitute violations of this AUP:
Internet Access: MagicWISP works hard to provide our users with the best possible access across wireless links. MagicWISP sells user packages that are set to a particular upload and download speed, with that in mind, MagicWISP does not guarantee those speeds, the service is a best effort and may vary from time to time. To that end, users are expected to use the service in a reasonable manner including but not limited to e-mail, newsgroups, file transfers, Internet chat, online games, and browsing the World Wide Web. High volume or commercial use including but not limited running a server of any sort is strictly prohibited. Peer to peer software is regulated on the MagicWISP network. Studies have shown that peer to peer software is abundant with viruses and adware, for this reason the decision has been made to throttle it's use. Upload and download speeds with peer to peer software will not reflect your normal allowed usage. This is done to protect the network, and it's users. MagicWISP will periodically review connections and terminate those connections which have not been actively passing traffic for a period of time. Any attempt by the user to circumvent this policy may result in a significant upcharge on the user's bill. A wireless account is intended for use by one customer, sharing with others outside of the installed facility is not allowed.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection on the service, i.e. automated ping programs, while using MagicWISP's services could result in suspension of service.
Hosted Domain Account: You may not use your hosted domain site
to publish material, which MagicWISP determines, at its sole discretion, to be
unlawful, indecent or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings. NO ADULT
orientated material may be stored in your hosted domain site or displayed on
your hosted domain pages.
If you feel your site is of a questionable nature, please contact us
before you sign up and we can discuss your intentions.
Illegal Use: Use of MagicWISP's service to transmit any
material (by e-mail, uploading, posting or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national, or
international law, or any rules or regulations promulgated there under.
Examples of such activities, includes but is not limited to, trading illegal
copies of software, music, or videos via peer to peer our on server or
providing such software from your web space.
Threats and Acts of Terrorism: Use of
MagicWISP's service to
transmit any material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm, encourages destruction of property or
promotes senseless hatred toward other groups of people in society or an
individual is not permitted. This also includes communications or
transmissions of any sort to others intended for the purpose of planning
unspeakable acts against society or individuals. If MagicWISP becomes aware of
any such activity it will be reported to the proper authorities without any
notice to the customer.
Harassment: Use of MagicWISP's service to transmit any
material (by e-mail, uploading, posting or otherwise) that harasses another
user or member of society is not permitted.
Harm to Minors: Use of MagicWISP's service to harm, or attempt
to harm, minors in any way, including, but not limited to child pornography or
sexual solicitation is not permitted. If MagicWISP becomes aware
of any such activity it will be reported to the proper authorities without any
notice to the customer.
Forgery or Impersonation: Adding, removing or modifying
identifying network header information in any manner in an effort to deceive
or mislead is prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of anonymous
remailers or nicknames is discouraged but does not constitute impersonation.
E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news media will result in the
immediate termination of the offending MagicWISP account.
E-mail / Message Forging: Forging any
message header, in part or whole, of any electronic transmission, originating
or passing through MagicWISP's service is in violation of this AUP.
Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (Spam):
Use of MagicWISP's service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this type will
result in the immediate suspension and possible termination of the offending
account. Each report of U.C.E. by another user or third party will
incur a fee according to the TOS.
Persons and or Businesses using MagicWISP's network to propagate e-mail lists
are not exempt from this policy or the fees. Such e-mail lists, commonly
called list servers, must present the user with a verification of their
subscription prior to sending e-mail to the recipient. This verification
process must also be able to provide proof of the recipient's approval to
prevent account termination. MagicWISP, at it's sole discretion, may terminate
any account if complaints regarding the e-mail list(s) become excessive
Usenet Spamming: MagicWISP has a zero tolerance policy for the
use of its network for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any newsgroups or
mailing list. Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are
permitted.
Unauthorized Access: Use of the service to access, or
to attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of MagicWISP's or another entity's computer
software or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss of
data, is expressly prohibited and the offending MagicWISP account is subject
to immediate termination.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Rights: Use of the service to transmit any
material (by e-mail, uploading, posting or otherwise) that infringes any
copyright, trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of Personal Data: Use of
MagicWISP's service to
collect, or attempt to collect, personal information about third parties
without their knowledge or consent is not permitted. Any user found in
violation of this policy may be reported to the appropriate authorities.
Network Disruptions and Unfriendly Activity:
Use of MagicWISP's service for any activity which affects the ability of other people
or systems to use MagicWISP services or the Internet. This includes, but is
not limited to, "denial of service" (DOS) and "distributed denial of service"
(DDOS) attacks against another network host or individual user. Interference
with or disruption of other network users, services or equipment is
prohibited. It is the Subscriber's responsibility to ensure that their network
is configured in a secure manner. A Subscriber may not, through action or
inaction, allow others to use their network for illegal or inappropriate
actions. A Subscriber may not permit their network, through action or
inaction, to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's computer
system will result in immediate account termination. MagicWISP will not
tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the intrusion
results in corruption or loss of data. Ignorance of such activity originating
from a Subscriber's equipment is no excuse and service will be suspended until
such time that the offense is rectified.
Fraud: Involves a knowingly misrepresentation or misleading
statement, writing or activity made with the intent that the person receiving
it will act upon it.
Fraudulent Activity: Use of MagicWISP's service to make fraudulent
offers to sell or buy products, items, or services, or to advance any type of
financial scam including but not limited to "pyramid schemes," "ponzi
schemes," and "chain letters."
Distribution of Viruses or Hostile Software: Intentional
distributions of software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems are prohibited. Such an
offense will result in the immediate termination of the offending account.
Reselling the Services: Reselling of
MagicWISP's service without
our express written authorization is prohibited.
Third Party Accountability: MagicWISP subscribers will be held
responsible and accountable for any activity by third parties, using their
account, that violates guidelines created within the Acceptable Use Policy.
Applicable fines may apply.
(top)
Mail Box Usage: As the primary account holder, you are
responsible for all account activity. All provisions of the Acceptable Use
Policy apply to your use of all e-mail boxes. Misuse of Extra E-mail Boxes
services may result in termination of your account. If a secondary mailbox is
involved in a violation of the Acceptable Use Policy, your account, including
all secondary mailboxes may be terminated. A terminated account will result in
lost e-mail and Internet access for all users of your account. Therefore, it
is important that your make sure everyone you will allow to use your account
or a secondary mailbox understands all terms of this Acceptable Use Policy and
the consequences of violations.
Security: You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend, family member,
guest or employee. You must adopt adequate security measures to prevent or
minimize unauthorized use of your account by taking steps to ensure that
others do not gain unauthorized access to your account. In addition, you may
not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server.
Password Privacy and Protection: Your password provides access to your
account. It is your responsibility to keep your password secure. Sharing your
password and account access with unauthorized users is prohibited. You should
take care to prevent others from using your account since you will be held
responsible for such use. User accounts will be terminated immediately if
MagicWISP feels your password has been compromised.
Network and Personal Security: Users who violate systems or
network security may incur criminal and/or civil liability. MagicWISP will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations. Attempting
to obtain another user's account password is strictly prohibited, and may
result in termination of service. You may not attempt to circumvent user
authentication or security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you, logging into or making
use of a server or account you are not expressly authorized to access, or
probing the security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these tools include, but
are not limited to, password guessing programs, cracking tools or network
probing tools.
Network Performance: MagicWISP accounts operate on shared
resources. Excessive use or abuse of these shared network resources by one
customer may have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is prohibited by this
policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of MagicWISP's systems or networks. MagicWISP reserves the right to terminate or limit such activities. This includes, but is not limited to, unattended processes running on our web server.
You may not establish more than one connection to our network from your account at any one time.
You may not provide network services from your account (for example, you may not use your account to operate an ftp or a web server), unless your account type specifically provides for it.
Each customer account will be provided 20 MB of total disk storage for all e-mail boxes. Messages left on MagicWISP's mail servers for more than thirty days (30 days) are subject to immediate deletion read or unread. Total mailbox storage is limited to 20 MB per account without regard to the age of the messages in any of the mailboxes. Once the 20 MB limit is exceeded, any incoming messages will be returned to the sender until the subscriber reduces mailbox size by removing mail from the server.
You may not employ automated electronic or
mechanical processes designed to defeat network inactivity time-outs. Such
tools include, but are not limited to, use of repetitive pinging of a host.
Internet Relay Chat:
Although MagicWISP does not offer technical
support for Internet Relay Chat (IRC), you may use your account to connect to
IRC; servers and networks maintained by MagicWISP or third parties. Please
remember that you are a guest when you make use of these facilities. It is
particularly important that you do not engage in activities which might
interfere with other customers' access to IRC.
You may not use IRC;scripts or programs that interfere with or deny service to other users on any other server, host, network or channel.
You may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service), "flashing" (disrupting terminal emulation), "takeovers" (improper seizure and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.
You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation.
You may not run; "clones" (multiple simultaneous IRC;connections).
You may not attempt to run IRC bots on our servers at any time.
Unattended Applications: Programs, scripts and/or applications
which are run unattended on MagicWISP servers are expressly forbidden. Such
programs include but are not limited to proxies and relays. It is understood
that users may write CGI programs for their web pages, however these scripts
must not persist once the data has been submitted and/or the http session has
closed. Any efforts to circumvent the spirit of
this rule will result with a fine up to $500 and any and all accounts with
shell access being disabled. If the offense is deemed severe enough, the
account may be terminated.
The servers are monitored for the presence of these applications and their existence on the filesystem. Any user found in possession of these programs will be warned once, further infractions will be viewed as a disregard for the AUP and service will be terminated. Attempts to store or run these programs under different names will result in the same actions being taken against the user.
Reporting a
Violation: MagicWISP requests that anyone who believes that there
is a violation of this AUP direct the information to the Abuse Department at
abuse@magicwisp.com.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or
offset from GMT
Evidence of the alleged violation
Failure to provide sufficient information, as deemed by MagicWISP, will result in a dismissal of the complaint. MagicWISP regards reports of abuse with the utmost seriousness and require legitimate information as to avoid falsely accusing users. False accusations will result in reports filed against the reporting party to the appropriate contacts.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Response to Complaints of Acceptable Use Policy
Possible Responses to Complaints of This AUP: MagicWISP, at it's sole discretion, may take any one or more of the following actions in response to complaints:
Suspend the Subscriber's newsgroups posting privileges
Suspend the Subscriber's account
Terminate the Subscriber's account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations.
Revisions to this Acceptable Use Policy
Possible Revisions to the AUP: MagicWISP reserves the right to revise, amend, or modify this AUP (Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
TOS (Terms of Service)
Magic Wireless Internet Service Providers LLC, or MagicWISP, ("COMPANY")
agrees to furnish services to the customer ("SUBSCRIBER"), subject to
the following TOS (Terms of Service). Use of COMPANY Service constitutes
acceptance and agreement to COMPANY's AUP (Acceptable Use Policy) as well as
COMPANY's TOS (Terms of Service). All provisions of this contract are subject
to the TOS (Terms of Service) of COMPANY and AUP (Acceptable Use Policy) The
AUP and TOS may be changed from time to time at the discretion of the COMPANY
without direct notification to the SUBSCRIBER. COMPANY will make the TOS and
AUP available via it's public web site and will mail a printed copy to the
SUBSCRIBER upon written request. SUBSCRIBER understands that changes to the
AUP by the COMPANY shall not be grounds for early contract termination or
nonpayment. This Agreement shall be construed in all respects in accordance
with the laws of the state of Oklahoma, county of Creek, City of Oilton
applicable to contracts enforceable in that state.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, SUBSCRIBER agrees that the COMPANY may disclose any and all SUBSCRIBER account information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who provides a legal request without further consent of the SUBSCRIBER. Notification to SUBSCRIBER will be made to the extent possible by law.
Controversial Content: SUBSCRIBER's connection to the Internet is private and as a result COMPANY cannot control the nature of the material that SUBSCRIBER may encounter at some point. The World Wide Web, Usenet, and chat areas, such as IRC, are electronic virtual communities, which do not censor the content delivered and/or communicated through their forums. With the use of Subscriber's account on the Internet, SUBSCRIBER will have access to and will at some time or another be exposed to "Free Speech" that may be found offensive. "Free Speech" may include sexually explicit pictures and/or documents, pro-religious and anti-religious debate, racially offensive speech, and may other possibly graphic and/or offensive documents, pictures, etc. COMPANY expressly disclaims liability for any harm resulting from encountering such or similar material.
U.C.E./U.B.E (as defined in our AUP) is strictly prohibited. COMPANY has a ZERO TOLERANCE policy toward U.C.E./U.B.E. First violations of this policy will result in an "Investigation Fee" of $100 and Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an "Investigation Fee" up to $500 and immediate termination of Subscriber's account. To avoid trouble with Subscriber's account, DO NOT send U.C.E./U.B.E. from the account. This includes email, Usenet and access account types. If SUBSCRIBER even suspects that a piece of email that is about sent could be viewed as U.C.E. ask a COMPANY representative first. Such action will not absolve SUBSCRIBER of responsibility but may prevent problems for SUBSCRIBER by being advised not to send the email.
Service Rates: SUBSCRIBER acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to SUBSCRIBER. SUBSCRIBER is aware that the COMPANY may change the specified rates and charges from time to time. SUBSCRIBER understands that they may cancel their account if the rate changes are found to be unfavorable.
Payment Due Date: Initial payments for services are due at installation date. Recurring payments are due on the 3rd of the calendar month for which the service is billed. All services are billed in advance of the period for which the service is given. Accounts are considered past due on the next business day of the calendar month for which the service is billed.
Payment and Fees: Checks returned for any reason are subject to a $35.00 returned item charge per occurrence. Credit Card charges will appear on your credit card statement as "MagicWISP". Credit cards that are declined for any reason are subject to a $5.00 declination fee per occurrence. Accounts not paid within 10 days after the due date are subject to a $10.00 late fee. Service will be interrupted on accounts that are past due on the 10th day of the calendar month of service. Services which are interrupted for nonpayment are subject to a reconnect charge equal to $50. Accounts that are not collectable by COMPANY may be turned over to an outside collection agency for collection. If the account is turned over for collection, SUBSCRIBER agrees to pay COMPANY a "Collection Fee" of not less than $50 nor more than $150, plus the billed amount. If SUBSCRIBER desires to cancel the account, they must follow the proper procedures to do this as outlined in the Account Cancellation section of the TOS. Failure to pay a charge on the account will not deem the account canceled. If SUBSCRIBER disputes a charge to their credit card issuer that, in COMPANY's sole discretion is valid under the provisions of the TOS and /or AUP, SUBSCRIBER agrees to pay COMPANY an "Administrative Fee" of not less than $50 and not more than $150 in addition to the charge made to the credit card initially. If SUBSCRIBER supplies COMPANY with credit card information either through the sign-up form or verbally over the phone SUBSCRIBER agrees to let COMPANY continue to charge the credit card until such time that the account is cancelled. as outlined in Account Cancellation section of the TOS.
Refunds and Disputes: All payments to COMPANY are nonrefundable. This includes the one time activation fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Early cancellation of a service which has been prepaid for any term will not receive a refund. ALL PAYMENTS TO COMPANY ARE NONREFUNDABLE.
Failure to Pay: The COMPANY may temporarily deny service or terminate this Agreement upon the failure of SUBSCRIBER to pay charges when due. Such termination or denial will not relieve SUBSCRIBER of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be made in writing and sent to:
MagicWISP
Attn.: Subscription Dept,
P.O. Box 278
Oilton, OK 74052
SUBSCRIBER must have all account information to cancel. For further instructions SUBSCRIBER may call (918) 740-4301 and ask for details on canceling an account. Cancellations will be processed on the date the cancellation is received and be effective at the end of the current period for which services have been paid. Any fees for services rendered prior to the date of cancellation will still be due and payable. No refunds will be issued for unused portions of a service which has been paid for due to cancellation. Fee required under SUBSCRIBER's contract may also be enforced. SUBSCRIBER should check his/her contract, and/or call COMPANY for more details of their contract.
Support Boundaries and Definitions: COMPANY, provides basic Internet technical support to subscribers during regular business hours Monday through Friday and on Saturdays. COMPANY limits technical support to their area of expertise. Not all personnel have the same areas or levels of expertise, SUBSCRIBER may be referred to another member of the support team who is not currently available in which case that team member will contact SUBSCRIBER at the team member's earliest availability. The following are COMPANY's guidelines when providing support: SUBSCRIBER must have a Windows 9x, ME, NT, 2000, or XP operating system or Linux OS. The computer must be able to operate efficiently enough to connect to the Internet. Help will be provided on the necessary settings for the, router and software being used to get connected to the Internet. COMPANY will not be able to help configure the router unless it was supplied by COMPANY. COMPANY will provide support for radio equipment supplied by COMPANY. Help resolving hardware and/or software conflicts on the computer will NOT be provided. Help with Spyware and Adware infections will not be supported. Connection support is provided for the following operating systems: Windows XP, 9x, ME and Linux. Limited support is also available for Windows NT workstation and server and 2000. If a server version of NT or win 2000 is being used, adequate access privileges must be available to the user. When calling for support SUBSCRIBER must have: the Operating System installation disks, CD or restore files; The make, model, and manufacturer of the modem or router. If SUBSCRIBER needs such support additional onsite consulting services are available for a fee, ask a COMPANY support team member for details. Support is for Internet access and programs related to the Internet such FTP, Web Surfing and Email. Telephone support will not be provided for extraneous services like networking, applications, file and printer sharing or other such services. Support for problems not included in the Internet services may be obtained through COMPANY's onsite consulting services. Ask a COMPANY support team member for details.
Breach of Provision: A waiver by the COMPANY of any breach of any provision of this Agreement by SUBSCRIBER shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. SUBSCRIBER acknowledges that the services provided by COMPANY is of such a nature that service can be interrupted for many reasons other than the negligence of the COMPANY and that damages resulting from any interruption of service are difficult to ascertain. Therefore, SUBSCRIBER agrees that the COMPANY shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the COMPANY. SUBSCRIBER further acknowledges that the COMPANY's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by SUBSCRIBER for services during the period damages occurred. In no event shall the COMPANY be liable for any special or consequential damages, loss or injury. The COMPANY, at it's sole discretion may decide whether or not credit is due for any loss of service. All credits issued for service interruptions and/or customer referrals will be issued as store credits and in no way be included in any refund for any reason. SUBSCRIBER shall not transfer or assign this Agreement without the prior written consent of the COMPANY. COMPANY may assign Agreement at anytime without consent from or notice to SUBSCRIBER. COMPANY reserves the right to cancel Subscriber's rights under this contract at anytime without further obligation.
Notice and Procedure for Making Claims of Copyright Infringement: Pursuant to 17 U.S.C. § 512, claims of copyright infringement must be submitted to the following designated agent for MagicWISP :
MagicWISP
Attn: Jack Martin
P.O. Box 278
Oilton, OK 74052
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A reasonably detailed description of the alleged infringing material, or, if multiple copyrighted works are alleged to be infringing, a representative list of such works on this website;
A reasonably detailed description of where the alleged infringing material is located on this website;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Software Export Controls: Subscribers who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software available on the MagicWISP Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification: You agree to defend, indemnify, and hold harmless MagicWISP, its officers, directors, employees, representatives, successors, and assigns from and against all liabilities, damages, claims, causes of action, costs, attorney's fees, and all other costs and expenses, in connection with, arising from, or relating to, your breach of this agreement, any tortious conduct performed by or alleged against you, and any other action or omission relating to your use of this site. MagicWISP may, at its sole discretion, choose to participate in the defense or any matter or claim or negotiated settlement. No settlement which may have the potential to adversely affect MagicWISP's rights in any way shall be entered into without MagicWISP's prior written approval.
Limitation of Liability: Access to this website is provided on an "as is" basis. You agree that MagicWISP, its officers, directors, employees, representatives, successors, and/or assigns, shall not be liable for any damages or indemnity, regardless of the nature or cause of the damages or indemnity, that arise from or relate in any way to your use of, or MagicWISP's provision of the content, information, or other material either contained in this site, any MagicWISP newsletters, or in any externally-linked third party site. Without limiting the foregoing, MagicWISP shall not be liable for actual, direct, indirect, incidental, punitive, exemplary, special, and/or consequential damages, or for any other cause, loss, action, claim, or damage, including loss of time, or injury to person or property. MagicWISP will not be responsible for damage to customer equimpent caused by forces of nature or acts of god, including but not limited to lightning strikes to the receiving equipment.
Disclaimer of All Other Warranties: All products, services, materials, information, and other content on this site, including, without limitation, text, graphics, images, video clips, audio clips, photographs, and external links, are provided on an "as is" basis. MagicWISP makes no representations or warranties of any type, neither express nor implied, as to the operation of the site or the information, materials, content, products, or services contained herein. MagicWISP expressly disclaims all warranties of all types, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. MagicWISP shall not be liable to the subscriber or any third party for any damages arising out of or related to the access or use of this site, including, but not limited to, actual, direct, indirect, incidental, punitive, exemplary, special, and consequential damages, or for any other cause, loss, action, claim, or damage, including loss of time, or injury to person or property. MagicWISP offers subscribers email virus filtering as an add-on. This is a service intended to help minimize the possibility of infection to subscriber's computer through email. MagicWISP is not liable if a subscriber's computer does in fact become infected with a virus, whether it was transmitted through email or through other means.
Spam: A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of MagicWISP, a customer's account may be reactivated following the customer contact and the customer's agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in Spam. For example, if a MagicWISP customer's web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above. In ANY event of abuse MagicWISP reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying MagicWISP's costs and expenses of identifying, terminating and correcting such abuse. Last updated 7/31/2006.
Terms of Service and Acceptable Use Policies
Violations of Acceptable Use Policy
Unsolicited Commercial E-mail / Unsolicited Bulk E-mail (spam)
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights
Network Disruptions and Unfriendly Activity
Fraudulent
Activity
Distribution of Viruses or Hostile Software
Third Party Accountability
Mail Box Usage
Security
Network and Personal Security
Network Performance
Internet Relay Chat
REPORTING VIOLATIONS OF MagicWISP AUP
How to Report a Violation to MagicWISP
Response to Complaints of
Acceptable Use Policy
Possible Responses to Complaints of This AUP
Revisions to this
Acceptable Use Policy
Possible Revisions to the AUP
Support Boundaries and Definitions
Notice and Procedure for Making Claims of Copyright Infringement
Disclaimer of All Other Warranties
