You will be held responsible for all actions performed by your account whether it be done by you or by others! If server security is compromised,the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations.
The Primary Purpose of MagniRack is to provide our clients with the resources necessary to put their internet services online reliably in a lightning fast, high availability environment that responds quickly to each client's individual needs.
The Customer is ultimately responsible for individual server security. MagniRack claims no liability for content.
All customers are allowed access to the public network, however misuse of the network in any way, including interference, will result in a violation of the Acceptable Use Policy (AUP). All Violations of the AUP shall be subject to review by MagniRack, and an appropriate course of action shall be taken. Proper use of public network must comply with all local, state, and federal laws. Customer's assume full liability for all content which they place on the server. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.
Any type of sabotage, regardless of intention shall be grounds for termination of an account. This includes, but is not limited to, abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons, and changing slot counts for game servers.
Customers are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to customer lack of monitoring or security are the responsibility of the customer.
MagniRack does not actively monitor the content on its servers. Content that does not violate local, state and federal law or the AUP or TOS is deemed in compliance and shall remain intact. Legal adult content is permitted. If content is deemed to be in violation of the AUP or TOS, it shall be reviewed by MagniRack, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.
If any Customer or any Third Party User that is a customer of our Customer uses MagniRack services, network, or its physical infrastructure in a manner that causes MagniRack,or any IPs issued by MagniRack to be blacklisted or blocked, MagniRack reserves the right to suspend or terminate services of such customer and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating MagniRack service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs Addresses issued by MagniRack are in the sole control of MagniRack. Customers retain no ownership rights to any IP addresses issued by MagniRack. Customers may not transfer IPs from MagniRack. Any customer purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the amount of IP addresses desired. For more information about IP Addresses, please contact sales@magnirack.com.
IRC Usage is strictly prohibited on all MagniRack services. Customers may not operate and maintain IRC servers whatsoever. Use of IRC plug-ins, scripts, add-ons, clones or other software is prohibited. MagniRack does not allow the use of both Peer to Peer as well as Bit Torrent. Warez linking and sharing on the MagniRack network is also strictly prohibited.
If MagniRack is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any customer will only be compromised by the court order of a subpoena. MagniRack will notify the customer of the information request as allowed by the subpoena.
Any Claim of Violation of the Acceptable Use Policy that is being submitted must be verified and include name, contact information, IP address, and description of the violation. This Acceptable Use Policy Applies to all Customers, including the customers of our customers (Third Party).
MagniRack reserves the right, at its discretion, to refuse new service to any individual, group, or business. MagniRack also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time. MagniRack retains the right to discontinue service for any client.