UNLIMITED HOSTING PRODUCT AGREEMENT
EXTENSION
Magic Nines. (hereinafter referred to as "Parent") AND you (hereinafter referred
to as "User")
HAVE
entered into a User Master Agreement effective from July 6, 2004 of which this
"Web Services Product Agreement Extension" is a part.
WHEREAS, Parent provides web and email hosting services;
WHEREAS, the User intends to provide through Parent, web and email hosting
services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and
covenants contained herein and for other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and
the User, intending to be legally bound, hereby agree as follows:
1. Election
(1) User hereby elects and agrees to begin providing web hosting services
through Parent. Each Order that represents either a web hosting service and/or
an email hosting service shall be referred to as a "Hosting Order"
(2) Parent hereby accepts User's election to begin providing web hosting
services through Parent.
2. Rights of Parent
While certain attributes of a Hosting Order may consist of unlimited resources,
User recognises that a Hosting Order is a shared hosting service, and that the
Parent has the right in its sole discretion to apply any hard limits on any
specific attribute or resource on a Hosting Order at any given time without
notice in order to prevent degradation of its services, or in case of any breach
or violation or threatened breach or violation of this Agreement, or in case
Parent learns of a possibility of breach or violation of this Agreement which
Parent in its sole discretion determines to be appropriate, or to protect the
integrity and stability of the Parent Products, or to avoid any liability, civil
or criminal, on the part of Parent and/or Service Providers, or for any other
appropriate reason. The User agrees that Parent and Service Providers, and the
contractors, employees, directors, officers, representatives, agents and
affiliates, of Parent and Service Providers, are not liable for loss or damages
that may result from any of the above.
3. Terms of Usage
User, or its contractors, employees, directors, officers, representatives,
agents and affiliates, shall not use or permit use, either directly or
indirectly, or through its customers, of any Hosting Order, in violation of this
Agreement, and for any of the activities described below -
(1) As a backup/storage device
(2) For any unacceptable or inappropriate material as determined by Parent in
its sole discretion, including but not limited to Topsites, IRC Scripts/Bots,
Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts
(similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners,
Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad
services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to
rapidshare), Commercial Audio Streaming (more than one or two streams),
Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites,
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,
MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of
appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs,
Hateful/Racist/Harassment oriented sites, Hacker focused
sites/archives/programs, Sites promoting illegal activities, Forums and/or
websites that distribute or link to warez/pirated/illegal content, Bank
Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not
limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro
(3) Use over 25% of system resources, including but not limited to memory, cpu,
disk, network, and bandwidth capacity, for longer than 90 seconds in any
consecutive 6 hour period.
(4) Execute long-running, stand-alone, unattended server-side processes, bots or
daemons
(5) Run any type of web spiders or indexers
(6) Run any software that interfaces with an IRC (Internet Relay Chat) network
(7) Run, host, or store any P2P client, tracker, software, server, files,
content or application, including bittorrent
(8) Participate in any P2P or file-sharing networks
(9) Run any gaming servers
(10) Run cron entries with intervals of less than 15 minutes
(11) Store over 100,000 files
(12) Constantly create and delete large numbers of files on a regular basis, or
cause file system damage
(13) Use excessive resources which in the Parent's sole discretion result in
damage or degradation to the performance, usage, or experience of OrderBox,
other users, other orders, and any of Parent's services
(14) Store a large number of media files (audio, video, etc.), wherein the limit
is at Parent's sole discretion