Web Hosting Agreement

This agreement is automatically becomes effective while using any of the web hosting services provided MAGSNET LIMITED

Hosting Agreement:

Please note that Radon Hosting and HeliumX are a trade names of MAGSNET LIMITED

  • 1. Definitions
    • 1.1 "Customer" means the persons, entity or agents and authorized representatives accepting this agreement
    • 1.2 "Content" means all text, pictures, sound, graphics, video, links, and other data stored by Customer on MAGSNET LIMITED's server computers
    • 1.3 "Website" means pages presenting the Content stored by Customer on MAGSNET LIMITED's server computers
    • 1.4 "User" means users of Customer's Website
    • 1.5 "User Content" means all text, pictures, sound, graphics, video, links, and other data stored by Users on MAGSNET LIMITED's server computers
    • 1.6 "Confidential Information" means information that Customer takes reasonable steps to maintain in confidence and identifies in writing to MAGSNET LIMITED as confidential
  • 2. Web Hosting
    • 2.1 Hosting
      MAGSNET LIMITED will provide dedicated or shared server computers, as specified in Exhibit A, with an Internet address for storage and access of Content, User Content, and the Website
      The Website, Content, and User Content must be "server-ready." MAGSNET LIMITED will provide bandwidth and storage as specified in Exhibit A. If Customer requires additional bandwidth or storage, MAGSNET LIMITED will negotiate in good faith to amend this Agreement unless MAGSNET LIMITED's server computers cannot accommodate the requested bandwidth or storage
    • 2.2 Website Backup
      MAGSNET LIMITED will backup the Website in a commercially reasonable manner. However, MAGSNET LIMITED is not responsible for lost Content or lost User Content. Website backups will be stored by MAGSNET LIMITED for no longer than 14 days. MAGSNET LIMITED will provide, at Customer's expense, an electronic copy of the backup Website to Customer upon written request by Customer. Backups are intended for disaster recovery, not the restoration of individual files
    • 2.3 Server Logs
      As requested by Customer, MAGSNET LIMITED will deliver to Customer in electronic form the Server Log of Website activity. Customer will be entitled to one month of log storage free of charge or as available on the server. MAGSNET LIMITED may, at its option, charge a fee to Customer for additional space required to store oversized logs
    • 2.4 Standards
      MAGSNET LIMITED's services will conform to the following:
      • 2.4.1 Availability of Website
        MAGSNET LIMITED will provide hosting services for the Website / servers that meet (99.5%) a reasonable commercial standard for, among other matters, packet loss, accessibility, latency, availability, and throughput
      • 2.4.2 - Security
        MAGSNET LIMITED will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on MAGSNET LIMITED's server computers
      • 2.4.3 - Server/Network Computer Outages
        MAGSNET LIMITED will employ best efforts in providing advance notice to Customer of scheduled server computer/network outages
      • 2.4.4 - Disclaimers
        MAGSNET LIMITED provides no equipment, software, or communication connections to Customer. MAGSNET LIMITED makes no representations, warranties or assurances that the Customer's equipment, software, and communication connections will be compatible with MAGSNET LIMITED's hardware and service
  • 3. Ownership of Content
    All Content and User Content stored by Customer on MAGSNET LIMITED's server computers shall at all times remain the property of Customer. Customer grants to MAGSNET LIMITED a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for MAGSNET LIMITED to host the Website
  • 4. Content Control
    • 4.1 Lawful Purpose
      Customer will only use MAGSNET LIMITED's hardware and services for lawful purposes and Customer will not store or provide any Content or User Content or link to any material that violates foreign, federal, state or local law, the Terms of Service of Exhibit B and any modifications thereof, MAGSNET LIMITED's posted Acceptable Use Policy , or any other MAGSNET LIMITED policy
    • 4.2 Remedy for Violation
      Should MAGSNET LIMITED become aware that Customer has violated Part 4.1, MAGSNET LIMITED may, at its discretion, remove the Content or User Content in violation, immediately terminate hosting Customer's Website under Part 6.3, and/or notify authorities. If hosting is terminated, MAGSNET LIMITED may, in its sole discretion, reinstate hosting upon adequate showing of Customer's right to use the Content or User Content
  • 5. Payments
    • 5.1 Fees
      Customer shall pay fees agreed upon during account signup. MAGSNET LIMITED will invoice monthly, quarterly or yearly in advance (unless otherwise agreed in writing), and payment is due four days (4) days from due date. In the case of credit card payments MAGSNET LIMITED will automatically charge Customer Credit Card on file all fees associated with the account on the due date. MAGSNET LIMITED may, at its option, charge a fee of Rs. 200 for late payments
    • 5.2 Returned Checks and Declined Credit Cards may incur an additional fee of Rs. 500
    • 5.3 Account Updates
      It is the responsibility of the customer to maintain accurate billing information with MAGSNET LIMITED. This may include updated credit card information, email address and mailing address
    • 5.4 Taxes
      Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website
      A Tax Challan is required if Tax is deducted on our invoices
  • 6. Term and Termination
    • 6.1 Term
      The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a month/quarterly/yearly basis until terminated
    • 6.2 Termination by Customer
      During the initial term, Customer may terminate this Agreement upon the material breach of MAGSNET LIMITED, if such material breach remains uncured for thirty (30) days following written notice to MAGSNET LIMITED. This cure period shall be extended by delay caused by events beyond the control of MAGSNET LIMITED including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of MAGSNET LIMITED, or technical faults of MAGSNET LIMITED's service providers or vendors. After the initial term, Customer may terminate this Agreement upon fourteen (14) days written notice to MAGSNET LIMITED
    • 6.3 Termination by MAGSNET LIMITED
      MAGSNET LIMITED may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due under Part 5 of this Agreement; breach of this Agreement; violation of the Terms of Service Exhibit B and any written modifications thereof; and violation of any other MAGSNET LIMITED policy. MAGSNET LIMITED may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer
  • 7. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WEB REFINEMENTS, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH WEB REFINEMENTS HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
  • 8. LIMITATION OF LIABILITY. WEB REFINEMENTS, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE WEB REFINEMENTS HARDWARE OR SERVICES
  • CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO WEB REFINEMENTS
  • 9. Customer Indemnity
    Customer shall defend MAGSNET LIMITED against any third party claim, action, suit or proceeding arising as a result of Customer's use MAGSNET LIMITED's hardware or services and indemnify MAGSNET LIMITED for all losses, damages, expenses, and costs incurred by MAGSNET LIMITED as a result of a final judgment entered against MAGSNET LIMITED in any such claim, action, suit or proceeding
  • 10. General Provisions
    • 10.1 Governing Law
      This Agreement will be governed and construed in accordance with the laws of Pakistan. Both parties agree to submit to personal jurisdiction Karachi, Pakistan, and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in Karachi, Pakistan
    • 10.2 Severability and Waiver
      If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach
    • 10.3 Relationship of Parties
      No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party
    • 10.4 Attorneys Fees and Costs
      In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction

MAGSNET LIMITED is a registered company incorporated under companies act 1989 under laws of Pakistan with its registered head office located at

29C Level II, 24th Street
Tauheed Commercial,
Phase V, DHA
Karachi, 75500
Pakistan
Tel/Fax: +92 21 111.199.299
Email: info@magsnet.net