Purpose

Along with the General Terms and Conditions, these Terms of Service shall form an integral part of the contract. The conditions of these Terms of Service serve to protect the operating environment of Swiss Magic and thus to ensure, in the interests of the majority of Customers, that the quality of our service does not become impaired. Customers who grant third-party access to their server, account or parts thereof are obligated to notify us accordingly and are liable to Swiss Magic for these.

Prohibitions

Breach of Law
Any and all data, content and activities that violate legislation Hong Kong Special Administrative Region of the People's Republic of China are prohibited, as is the support of or participation in such activities. This includes the publication or distribution of data protected by copyright or distribution rights.

Racism
The publication or distribution of racist content or content that could incite racism is not permitted. In unclear cases, decisions regarding what constitutes such content shall remain with Swiss Magic.

Misuse
Activities (or the support of or participation in activities) that contradict the generally recognised Internet etiquette guidelines (Netiquette / RFC1855) are not allowed. This includes the (repeated) unwanted distribution of unsolicited emails (spam, UCE etc.) and attacks on other systems connected to the Internet (DDoS attacks, spoofing etc.). Decisions concerning what constitutes netiquette (or its constituent parts) shall remain with Swiss Magic. Furthermore, the Customer shall abstain from using excessive bandwidth (that is, a level of bandwidth consumption that causes available network resources to be affected to the detriment of other Customers).

Infringement

Definition
Any failure to observe or violation of a prohibition named under Section 2 shall be considered an infringement, whether this is intentional, unintentional or caused by a third party. Such a violation can be identified as a result of the examination of reports, the complaints of third parties or – depending on the case – obvious indications from Swiss Magic’s system monitoring mechanisms.

Consequence
This shall be determined by the seriousness of the violation in the eyes of Swiss Magic; furthermore, the principle of proportionality shall be applied in the event of any possible punishment. In all cases, the Customer must at least receive a warning. In the event of a serious or repeated violation, Swiss Magic reserves the right to terminate the contract or subscription without notice or to temporarily block access to the affected content, service, account or server with immediate effect.