Terms of Service
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Accepting the Terms of Service
The purpose of this website, magnt.com(the “Site”), owned and operated by MAGNT LLC. (“Magnt”), a Kentucky limited liability corporation, is to provide web hosting and publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“User” or “You”) under the following terms and conditions:
By using our software, subscription service and/or our Site, you agree to comply with our Terms of Service, as stated herein. We will license the software outlined in your “Magnt Order Confirmation” e-mail, subject to the following Terms of Service.
Your use of this Service is an unconditional acceptance of our Terms of Service; provided you have the legal capacity to enter into contracts for yourself or for your organization. You are required to provide current and accurate information as part of our account registration process. We reserve the right to change or modify our Terms of Service at any time without prior notice; however we will post any new Terms of Service on our website.
I. Account Use
All users must be 13 years or older to use this Service.
Accounts and user logins may not be registered via automated methods.
You must maintain the security of your account and all user passwords.
You may not use this Service for any illegal or unauthorized purposes, such as violating third party copyrights.
You are responsible for your account and all of its users’ activity and posted content.
II. Free Accounts
We offer free Basic accounts to all users who follow the signup process and provided none of the requirements outlined in this Terms of Service policy are not violated.
Although Magnt will make reasonable efforts to store and preserve the material residing on our User’s Site, neither Magnt nor the Site is responsible or liable in any way for the failure to store, preserve or access information You have provided to the Site (“User Content”) or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.
DISCLAIMER: You agree that neither Magnt nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your Subscriber Content or other Content.
III. Pro Accounts
We offer a free Basic account for the purposes of exploring the Site and its features. If you elect to upgrade your account to the paid Pro account your credit card will be charged immediately for the first month or year’s worth of Service based on the billing period you select; Your credit card will be charged automatically for each month or year thereafter until you downgrade to a Basic account or cancel your service entirely by accessing our Account Administration Panel.
Pro accounts include the optional purchase of one domain name, provided that the domain name You requested is available for purchase when the Site attempts to acquire said domain (typically within one hour of the initial domain purchase request) and the domain name suffix is .com, .net, .org, .name, .biz, .info.
Domains registered by Magnt as a part of Pro accounts remain the property of Magnt until such time as You request in writing that the domain be transferred away from the Site to a registrar of your choosing; and You pay a pro-rated domain registration fee of $1.25 per month of unpaid Pro service for the current domain registration period of twelve months. For example, if you have paid for four (4) months of Pro service and would like to transfer your domain to another registrar, You will be required to pay $10.00 ($1.25 x eight months remaining in the domain’s registration period).
Anytime you cancel, Your account will remain active until the end of your paid billing period, unless you opt to delete your account data immediately within the Account Administration Panel.
IV. Paying Accounts, Billing and Cancellation
A valid credit card is required for all paying accounts.
If you do not cancel Your account prior to the next monthly or yearly billing cycle date, Your credit card will be charged for your ordered services.
Magnt bills You for this Service in advance on a monthly or annual basis based on the billing cycle You selected. There will be no refunds or credits allowed, including refunds or pro-rated months (i.e., credits for partial service periods). Anytime you cancel, this Service will remain active until the end of your current billing period.
Our fees are exclusive of taxes or levies imposed by taxing authorities. You are responsible for payment of all such taxes or levies imposed on you as an account holder.
You are solely responsible for canceling your account. For Your protection, You may only cancel via our simple, web-based cancellation interface. For Your protection we do not accept cancellations via email, phone, fax or letter.
We are not liable for any loss resulting from cancellation.
V. Modifications to the Service and Prices
We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice to you.
Prices of all Services, including but not limited to the annual subscription plan fees, are subject to change upon 30 days notice from us. Such notice will be posted to our website or the Service and if this price change affects Your current billing we will attempt to notify You in writing 30 days in advance of the change.
We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
VI. Ownership Rights
Your use of this Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that we use third party vendors to help provide the Service to you.
You must not modify the Service or another website to falsely imply association with the Service, our company or any other service we provide.
You agree not to violate our copyright and not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the Service or access to this Service without our prior, express written permission.
You must not store or post pornographic, obscene, defamatory, threatening or otherwise objectionable content, or content that violates any person’s intellectual property or links to such content, through the Service.
You must not transmit any malicious programs such as viruses, worms and other code or programs intended to inflict harm.
VII. Other Conditions
Your profile and the content you provide to the Service remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
We do not pre-screen content but we have the right to refuse or remove any content that is available via this Service.
The software, images, scripts, related assets, and the look and feel or this Service is Copyright © 2009 MAGNT LLC. All rights reserved. You may not duplicate, copy, modify, or reuse any portion of the software, related assets, or visual design elements without our prior, express written permission.
VIII. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ASSISTANCE, WHETHER WRITTEN OR ORAL, PROVIDED BY US OR ANY THIRD PARTY TO YOU SHALL CREATE OR EXTEND ANY WARRANTY.
WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS AND WE DO NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH THIS SERVICE OR THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURE TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN THE SOFTWARE OR SERVICES CAUSED BY OR RESULTING FROM FORCE MAJEURE EVENTS, ACTS OF THIRD PARTIES, OMISSIONS OR CONDITIONS BEYOND OUR REASONABLE AND FORESEEABLE CONTROL.
IX. Limitation of Liability
We shall have no liability, whether under any legal theory of warranty, contract, tort (including our negligence or the negligence of any third party), strict liability, or otherwise, regarding the Service or other actions performed by us and relating in any way to this Terms of Service. In no event shall we or any third parties be liable for any special, indirect, incidental, or consequential damage or loss of any nature (such as damages for delay, damage to property, lost profits, death or injury to person, or any claims of those not a party to this Agreement) which may arise in connection with the Service or other acts performed under or relating to this Terms of Service.
X. Suspension of Service or Cancellation
We reserve the right to suspend or cancel your account access if in our reasonable judgment, your account is the source or target of a violation of any of these terms, or for any other situation we deem reasonably necessary.
If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
XII. Entire Agreement
XIII. Applicable Law and Jurisdiction
Our Terms of Service are subject to the governing laws of the State of Kentucky. Only courts of competent jurisdiction in Delaware shall have original jurisdiction over any disputes arising hereunder or relating to the Software or Services.
Version 3 – January, 2013