1.) Account Setup We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

2.) Content All services provided by us may only be used for lawful purposes. We reserve the right to terminate sites that contain material that we judge to be offensive or illegal, this includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.

Examples of unacceptable material:

• IRC Bots
• Warez Sites
• Pirated Software
• Hate sites
• Hack programs and archives
• Threatening or obscene, pornography
• Spam producing software

3.) Zero Tolerance Spam and Bulk Mail Policy We take a zero tolerance stance against sending of unsolicited e-mail. We take a zero-tolerance stance against sending of bulk emailing. We take a Established Store and General Merchandise here in Florida.

zero-tolerance stance against sending of bulk mail & spam. "Safe lists" and "double opt-in" will be treated as spam. Simply following the CAN-SPAM guild lines does not mean that you are in compliance with our spam & bulk mail policies. Any sending of BULK MAIL will be considered a violation of our BULK MAIL and SPAM EMAIL policy.

Any user who sends out spam will have their account terminated without notice and without refund. Sending spam using our servers cause our other customers to have their sites Blacklisted, so we take it very seriously. Outgoing email is limited to 250 messages per hour, per account. Users can not check mail more often than 60 times per hour.

Sending Mass/Bulk Emails
Email account holders should NOT send email to more than 25 recipients using CC or BCC. Doing so can cause our system to be gray listed by major email carriers.
Email account holders should not send more than 250 emails per hour for ANY REASON.

Please ask about a bulk email service like AmazonSES if you need to send bulk emails.

Rate Limit Except Hosts
Some accounts are exempt from rate limiting. Exempt hosts that exceed the rate limit by sending mass emails, will be terminated.

Systems that send spam, either through configuration errors or by purpose will be blocked and their hosting cancelled without prior warning. In addition, they will be billed for any cleanup that results from their sending of spam at the standard rates.

Customers whose clients mark emails from them as SPAM
It is our policy that when a customer's email recipient marks a customer as a spam source, that recipient is marked with a PERM BLOCK. No emails will be sent from our systems to that recipient. Removal of a PERM BLOCK can only be accomplished by the recipient officially notifying us that they incorrectly marked the email as spam and that they understand the implications of marking emails as spam. If it is determined that the email marked as SPAM was actually spam, the customer will be notified, their account suspended and termination action taken against the client.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of MagicAngelHosting.com or our hosting service. All rights reserved. Some Anti-spam services require us to pay a fee to be removed from their spam list. We will pass those fees along to the spammers who caused them.

Spam info from the FTC

4.) Payment Information You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. Clients who fail to pay on the due date for hosting will be suspended without warning. Our client manger can be used for payments and invoices are normally mailed 30 days in advance of payment.

We reserve the right to change the monthly payment amount and any other charges owed by the customer at anytime. Customers who have questions about their bill should contact us immediately.

Customer who initiate chargebacks or whose bank initiates a chargeback against us, will have their accounts terminated immediately. We can not continue a business relationship with any customer that initiates a chargeback.

5.) Backups and Data Loss Your use of the service is at your sole risk. We are 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 our servers. You should use the Backup option provided for you on your cPanel. Additional backup service are provided to those customers who wish to purchase them as a line item.

Backup services can be purchased if this is required. Please contact us by email about backing up your system for you.

6.) Cancellation and Refunds We reserve the right to cancel the account at any time.

Customers may cancel at any time in the first 30 days. We give you an unconditional 30 day money back guarantee on managed shared hosting, provided you are not cancelled for cause. Refund requests after 30 days will NOT be honored.

Domain registration charges are not refundable.

 7a.) Resource Usage 

Resource usage is controlled automatically by Cloud Linux.

Accounts are automatically restricted from exceeding the following parameters:
a) More than 100% of one CPU core
b) More than 1024MB of virtual memory
c) More than 1024MB is physical memory
d) More than 20 Entry Processes (EP)
e) More than 1024kBps of Input/Output
Exceeding any of these limits will cause the system to automatically limit the account in question.  Memory and  CPU will be limited, EP will be blocked (Resulting in a resources exceeded message)
PHP processes are also limited to PHP.INI settings, which can be modified for legitimate requests.
Additional resources are available for additional fees.

Certain types of processes are not allowed:  
a) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
b) Run any type of web spider or indexer (including Goggle Cash / AdSpy) on shared servers.
c) Run any software that is out of date or has a newer version. Older software is open to exploits. Users should update their software, for example Wordpress, as new versions come out. 
d) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
e) Participate in any file-sharing/peer-to-peer activities
f) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
g) Customers using Webmail should not maintain unnecessary amounts of mail in their trash cans. Mail storage should use folders and only needed mail should be stored online.  Automatic mail storage limitations will be placed on accounts that exceed 5GB of mail storage if prior arrangements are not made to store additional space.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("https://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Web Design For clients who we are the web designer, we offer web design, site updates and similar services. When a request for changes to a completed website is requested, you authorize the work and billing. If we are not your web designer, please contact your web designer for updates or have them approve us making updates to your site.

10.) Price Change We reserve the right to change prices listed on our site, and the right to increase/decrease the amount of resources given to plans at any time. Customers will be subject to the new prices level at the time of their next payment.

11.) Indemnification Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any  liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our server.

12.) Disclaimer We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

13.) Disclosure to law enforcement
MagicAngel may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful (court issued) request from such agencies. We will cooperate fully with law enforcement agencies.

14.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. MagicAngel does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. MagicAngel will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

15.) Fees for Support
Free telephone and email support is limited to issues that involve the problems on the server (configuration, firewall or access), spam configuration and data center connectivity or any pre-negotiated contracted service, such as web design. Our responsibility ends at the data center router. Any issue that we are asked to work on that is found to be outside of the data center, either at the client's location or the destination of their emails is considered a computer support issue and will be billed at our standard computer support rates of $120 per hour, 1 hour min.

This includes, but is not limited to, setting up emails on a clients computer or other device, working with clients on their Google accounts, explaining how computers, servers or the internet works.

Consideration will be given if we are contacted by a full-time computer support professional (for example an employee with a MCSE, A+ or Cisco certification) or an external support person. Fees would normally be charged for setting up Outlook or Cell Phone email clients and anything requiring a remote connection to your PC, help with installation of computer software or anything that requires is to travel to your location. We would be glad to help you setup your Outlook or iPhone email, but we will need to bill you to perform these additional services.

16a.) Website Update
Website updates are not included in the monthly hosting fee for websites. Any updates that are requested by authorized persons will carry a fee for services at the standard rate of $120.00 per hour with a half hour minimum. Unauthorized persons are not allowed to request updates. Please put a ticket into Client Manager if you want to add additional authorized persons. Any updates that require an estimate prior to starting will be billed at a minimum of 1 hour, which includes the time to prepare the estimate. If an updated is requested and changes are made, the customer is expected to pay invoices that result from that work. Failure to pay invoices will negatively reflect on the business relationship as a whole.

16b.) Training
Training includes, but is not limited to, teaching clients to use their websites, Google Accounts, Phones, Outlook, computer hardware or any other training which is not specifically detailed in their contract with us is not offered for free. If you contact us and ask us to teach you how to do something over the phone, in person, or using a remote connection to a device, you are entering an agreement that that training will be billed at our normal training rates. If you would like free training, please feel free to ask us to train you for free, we will explain to you that our job is training you. We do not give away our busines product. No business does.

17.) Customer Maintained Backups
Customers should backup their data to prevent data loss. Customers should not store backups online longer than 3 days. If longer retention is required, they should be downloaded and stored offline.
A fee will be assessed for backups that are stored online for longer than 3 days. The cost will be billed in monthly increments. The cost will be $12 per GB. This is calculated at a cost of $2.00 per month per gigabyte. Since sites are backed up online and offline, the total size being stored is 3 times the size of the backup for online storage, 2 times the size for offline storage and a bandwith fee for moving the excessive files to the offline storage. The fee will be assessed when backups are discovered and will be assessed on a 6 month basis.
Example: A customer is found with 6GB of backups older than 3 days in their account. The bill for this will be 6GB x $12 x 6 months = $432.00 The fee would again be applied in six months if the backups still exist.

Prepaid hours are available at standard rates which do not expire and which can be used for outside work.

18.) Domain Name Renewal If your domain name is in our company account, we will renew it on your behalf and bill you our fee for that service. This fee is roughly the same as the cost to register and renew it yourself. You are required to pay for your domain name prior to its renewal and for customers with poor payment history, we may not renew the domain name until payment is made. This could result in the loss of your domain name or additional charges to get the domain back after it expires.

Domain name payments are therefore extremely important. If we renew your domain and you do not pay for it within 30 days of expiration date, we will take possession of the domain to recoup or loss.

You may transfer your domain name out of our company account by contacting GoDaddy. This transfer process is out of our control and is at your discretion. Please note that if you transfer a domain away from us while you have a past due invoice for your domain or hosting, we will consider this acting in bad faith and we will cancel your existing products and take legal action against you.

19.) Purchased Services In many cases we will purchase services on your behalf such as AWS (Amazon Web Services). These services are based on usage so the cost will vary from month to month. Fees for these services are the responsibility of the client. We are reimbursed for these fees by our clients. Clients may open an account and handle payments themselves if they wish, we do prefer that. However, many of these accounts rarely generate expenses, so come clients prefer us to manage them. These fees may be applied unexpectedly by these vendors, and clients should be aware that these expenses are their responsibility, expected or not.

20.) Changes to the TOS We reserve the right to revise its policies at any time without notice.

21. ) Reporting of Service Disruption Users must report service disruption using the website. This is the primary mode of contact for all service related issue. Failure to report service issues via the website may delay resolution.

22. ) Autoresponders/Away Messages Autoresponders/Away messages are a service that we offer our customers on our mail system. Autoresponders should be setup specifically to prevent autoresponders from getting the server blocked.

• Autoresponders should not be placed on service accounts, only personal accounts. Do not place an autoresponder on a high volume account such as info@domain.com.
• Set the Interval to at least 36 hours, preferably 72 hours. That means that you will remind someone you are out of the office every 72 hours. Setting this to a low value will cause the system to respond to every email you get. This can get the server blocked for email volume.
• Make sure you have SPAM and HIGH SCORING SPAM set to DELETE. Do not respond to spam with the autoresponder.
• Do not use an autoresponder to thank people for emailing you. They are for out of office messages. If you need to respond to every email, contact us, and we will help you setup Hubspot.

Last Update: Feb 11, 2021 (autoresponders)

For your reference, our Terms and Conditions are located at: https://magicangelhosting.com/tos.php