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Terms of Use

1. Services

MagicPress.net offers Website Hosting and Website Building services along with domain name registration. MagicPress.net is developed and owned by the Singularity Lab P.C. By accepting this license you also agree to accept the licenses listed in Appendix I.

We ensure you that all our services will be available at any time exempt from events beyond the reasonable control of MagicPress.net

1.1. General

These Terms of Use remain effective until terminated. We reserve the right to immediately terminate these Terms of Use, and/or your access to our Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms of Use, your right to use our services shall immediately cease.

1.2. Definitions

  • “User Content” means material, including without limitation text, images, audio material, video material and audio-visual material, animations, literary works, fonts, logos, interfaces.
  • “User Account” is an agreement allowing you to use a particular computer system or a website.
  • “End-User” is anyone visiting or using any website belonging to any of our customers.
  • “Cookie” is small piece of data that a website asks your browser to store on your computer. The cookie allows the website to remember your actions or preferences.
  • “Capacity” is the power to enter into a legal relation under the same conditions or circumstances as a person of sound mind or normal intelligence would have the power to create or to enter.
  • “Copyright” is a form of intellectual property, applicable to certain forms of creative work. Copyright is a legal right which grants to the creator of an original work exclusive rights for its use and distribution. Computer programs and databases (the latter defined by law as collections of independent works, data, or other materials arranged in a systematic way and individually accessible by electronic or other means) are also protected as special categories of works.
  • “Intellectual property” deals with the intangible rights protecting and enforcing legal rights to copyrightable works, inventions, designs, and artistic works.
  • “Trademark” is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.
  • “eCommerce” is the trading in products or services using computer networks.

Legal Agreement

The MagicPress.net Terms of Use (“Terms of Use”), with our Privacy Policy (“Privacy Policy”) apply to each visitor or user of our website and accordingly to some of our provided services and features, precluding only where is stated contrariwise (“Services”).

By visiting our website and using our services, you are entering into a legal agreement with us consisted of the Terms of Use, Privacy Policy and our services’ legal terms, as aforementioned.

Our website’s respective terms compose a binding and enforceable legal contract between (MagicPress.net) as well as any related undertakings and subsidiaries globally (mentioned hereafter as “ MagicPress”, “us” or “we”) and you. Thus you should be really careful when reading them.

You may use our services or visit our website only if you completely agree to our Terms. Accordingly the same applies upon using our additional services. You certify and declare your informed consent to the Terms of Use and any other applicable to your specific use of any of our services. You are instructed that you must quit our website forthwith and stop using our services, if you have not fully read, understood and agreed to the MagicPress Terms.

By using our services, you avouch your consent to the terms mentioned above. You may not use our services if you do not agree to all our terms.

2. CODE OF CONDUCT

2.1. Prohibited Conduct

You must not:

  • Act in a manner that might be perceived as harmful to MagicPress’s reputation.
    Use any MagicPress’s services in connection with any form of spam, unsolicited email, fraud, Trojan Horse, scam, spyware or any other malicious computer software that may or is intended to damage or hijack the operation of any hardware or software of our website.
  • Use any content that contains links to: pornography, adult content or nudity.
  • Promote any content that exploits children under 18 years of age.
  • Republish, sell or sub-license any content on any website, network or system other than those provided by MagicPress.
  • Use of any “deep-link”, “page-scrape” or other automatic device and program in order to access and/or acquire copy or monitor of our site, or in any way to circumvent the structure of our website or any Content in order to obtain any documents or information through any means.
  • Sell or promote any products or services that are unlawful in the location at which the content is posted or received.
  • Perform any actions that imposes disproportionately large load on the infrastructure of the MagicPress services, systems or any networks connected the MagicPress Services.
  • Use or attempt to use any form of password mining or any other illegitimate means, in order to gain unauthorized access to any feature of our site or to any of the services offered on or through our site.
  • Use our Services or any Content for any purpose that is prohibited by these Terms of Use.
  • Encourage any illegal activity or other activity which infringes the Rights of MagicPress or of any Third Party (including any intellectual property rights, privacy rights or contractual rights) without their prior explicit approval.

2.2. Acceptable Use

You agree to:

  • Be liable and responsible regarding the use of MagicPress services which occur under either your User Account or your User Content.
  • Use of Services must be in compliance with all applicable laws and other contractual terms which govern the MagicPress Services.
  • Be responsible for saving a backup of your user content.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on your account.

3. ACCOUNTS, PASSWORDS AND SECURITY

In order to access and use certain features or services offered on or through our site, you must first register and create an account with MagicPress.net

You are entirely responsible for maintaining accurate account information at all times, which means that your information must be true, accurate, complete and non-misleading including card details, contact information and valid e-mail address. You must be the sole and exclusive rights-holder of the information provided.

It is your responsibility to safeguard your account from any unauthorized use. Therefore, you must not allow any other person to use or to have access to your User Account. If anyone other than yourself accesses your User Account you must notify us immediately. MagicPress will not be held liable for any exposed details or any damages arising from your failure to comply with these guidelines.

4. PRIVACY

We believe that your privacy and the privacy of all our users are important. These Terms of Use are subject to the Privacy Policy. By using our website, you acknowledge that you have read and agreed to be bound by the terms of our Privacy Policy.

4.1. Cookies

Whenever you interact with us or our website, MagicPress may place a “cookie” in the browser files of your computer. Cookies are data files that help your browser communicate with MagicPress.net.

Most browsers are set to accept cookies by default. You can reject or block cookies by changing your browser settings. However, if your browser rejects or blocks a cookie, it may impair your ability to use some of our website’s features and our service generally.

5. USER CONTENT

  1. You grant to us a royalty-free, transferable and sub-licensable right to use your User Content (in whole or in part) in order to provide you our Services.
  2. All contents uploaded by you must not be unlawful, must not infringe any Third Party’s legal rights and must not be capable of giving rise to any legal actions either against you or against MagicPress.
  3. MagicPress in any event will not be responsible for such actions. Therefore you are fully responsible of any ‘User Content’ that you upload, post or e-mail.
  4. You grant to MagicPress an irrevocable right to edit or remove any User Content which is subject of an illegal activity.
  5. Your User Content must be true, current, accurate and non-infringing upon any rights (copyrights, moral rights, database rights, trademark rights, design rights or other intellectual property rights). MagicPress is eligible to bring any actions against the violation of these rights.
  6. MAGICPRESS SHALL NOT BE HELD LIABLE FOR ANY CARD LOSS BETWEEN YOU AND YOUR RESPECTIVE CARD PROCESSOR.

6. CANCELLATION

6.1. Cancellation by User

You are fully permitted to terminate your subscription and discontinue the use your User Account on MagicPress at any time, either by following the instructions available on MagicPress Services or by contacting our Customer Service team. Our Contact information can be found on the footer (end of page).

Your request should be in accordance with the cancellation process and will be effective after the date and time on which the process is fully completed.

You must take into account that the cancellation process might take few days in order to be completed. For that reason, your request should be made at least fifteen (15) days before the current service period ends in order to avoid the next renewal with the respective charge.

When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.

6.2. Cancellation by MagicPress

MagicPress is fully entitled to suspend or cancel your User Account at any time in its sole discretion without notice or explanation, under the following circumstances:

  1. Non-payment of fees
  2. Breach of any term or condition of this Agreement

ALL SUBSCRIBERS’ DATA MAY AUTOMATICALLY BE REMOVED FROM OUR SERVERS UPON TERMINATION.

6.3. Loss of Data and Content

The cancellation of your User Account and of any services related, either by us or by your request, it may result in the loss of certain content including your User Content, your data, features, capacity of your User Account, your End-User Account or other usage data retained therein and your domain name registration. In this case MagicPress shall not be held liable in any way, for such capacity loss or for saving a backup of your User Account, any User Content or End-user data.

You must also keep in mind that additional fees may apply for the re-activation of your User Account.

7. PAYMENTS

MagicPress accepts payment via a valid credit or debit card. In some cases, other mutually acceptable forms of payment may be accepted only upon request.

If your subscription has been suspended for non-payment, it will be reactivated when payment is completed in full (overdue fees may be imposed).

8. THIRD PARTIES

You agree that regardless the manner in which Third Party services may be offered to you, MagicPress acts as an intermediary platform between you and such Third Party Services. MagicPress shall not be liable in any way for transactions between you and Third Party Services.

Themes offered via MagicPress are licensed and supported by MagicPress. MagicPress shall not be responsible for Themes that are licensed by Third Parties.

It is your responsibility to comply with any software or copyrighted material licensed by any Third Party.

Certain parts of MagicPress Services and Third Party Services may require the collection of personally identifying or identifiable information such as, certain data of your User Account, Card details, Activities, etc.

You agree that we have your consent to transfer any personal details.

8.1. E-COMMERCE

You are solely responsible for your User Products and eCommerce related activities, any promotions and related content contained or referred to in your Website and compliance with any laws applicable thereto. We are not involved in your relationship or any transaction with any actual or potential buyer of your Products. We have no responsibility for any transactions between you and other Third Parties.

9. DISCLAIMER OF WARRANTIES

Our website, the materials, as well as any kind of service obtained through our website is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. MagicPress disclaims all warranties, express or implied, with respect to our website, the materials and any service obtained through our website, including non-infringement, accuracy, merchantability, fitness for a particular purpose or any other warranty. We disclaim liability for any conduct of any Third Parties related to your use of our website. We do not assume responsibility that the information obtained from the use of our website will be accurate, complete and non-misleading, or the quality of any services will meet your expectations. MagicPress cannot ensure that the data you download will be free of viruses or other harmful components. MagicPress disclaims liability for any mistakes, damages, injuries or other unlawful content you may encounter. We also reserve the right to modify, screen, monitor and suspend any content, in our sole discretion, with or without notice. You assume total responsibility for your use of your website, any risks, liabilities or harm arising in connection with any Third Parties. –SO PLEASE BE SURE TO VERIFY THOSE BEFORE USING OR OTHERWISE ENGAGING THEM.

9.1. LIMITATION OF LIABILITY

Except where prohibited by law, MagicPress shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages including without limitation, damages for loss of profit or loss of data.

MagicPress’s responsibility for all damages of every kind or any type, whether such damages arise in contract including negligence or otherwise, shall be limited to the fees paid by you for your subscription to MagicPress in the twelve (12) calendar months immediately prior to the damages arising. If the services are provided to you without charge, then MagicPress shall not have no responsibility to you whatsoever.

You accept that we have an interest in limiting liability of our officers, directors, employees, affiliates and agents. You agree that you will not bring any claim personally against them in respect of any losses you suffer in connection with our website or these terms and conditions.

The limitations and exclusions of liability govern all liabilities and damages arising from (1) personal injury or property damage related to your use of MagicPress Services (2) mistakes or errors of any content (3) unauthorized access to our servers (4) Any Content or User Content posted, e-mailed, transmitted (5) events beyond the reasonable control of MagicPress, including any internet failures, electrical power failures, equipment failures, strikes, riots, war, civil disturbances, fires, floods, storms, earthquakes, explosions, acts of God, terrorism, governmental actions, court orders.

9.2. Indemnity

You agree to indemnify, defend and hold MagicPress, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse MagicPress with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, legal fees and other expenses that arise directly or indirectly from your breach of these Terms of Use, including any violation of the Code of Conduct and from any allegation that any User Content or other materials you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, other intellectual property and/or any other rights of any third party.

9.3. VIOLATION OF THESE TERMS OF USE

If you breach or if we reasonably believe that you have breached, these TERMS AND CONDITIONS, we may take any necessary actions without prejudice to our other rights.

You understand and agree that MagicPress in its sole discretion and without prior notice may:

  • Terminate and block your access to our website or to MagicPress’s other Services
  • Refuse to honor pending and future purchases made from all payment card accounts or online accounts which may be associated with you
  • Bring any legal action against you

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, it may cause harm to MagicPress, for which monetary damages might be considered. You also consent to MagicPress obtaining any injunctive or equitable relief that MagicPress deems necessary or appropriate in such circumstances.

You agree that MagicPress will not be liable to you or to any third party regarding the termination of your access to to our website as a result of any violation of these Terms of Use.

10. ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and us in relation to your Use of our Services.

We may revise these terms and conditions.

10.1. ASSIGNMENT

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

10.2. WAIVER

IF any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

11. GOVERNING LAW

These Terms and Conditions, any rights and remedies provided hereunder and all claims and disputes related to MagicPress Services are governed by and interpreted in accordance with the Greek Law.

12. CUSTOMER SERVICE CONTACT

Feel free to contact us at any time at support@magicpress.net