McAllister Park Design, LLC

Terms of Service

McAllister Park Design, LLC  prohibits sites engaged in:

Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband, Proxy Scripts and or websites / Anonymizers, IRC Bots, image hosting only sites without a domain name, Escrow Sites, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites and or archives,programs.

Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming our support staff. Spammers are held responsible for a 500 dollar clean up fee.

Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, and reselling CGI scripts.

Data Transfer
If any users go over the allotted bandwidth amount the user will asses a fee of $2.00 per gigabyte.

Adult Content
NO ADULT CONTENT. The determination of what is "adult content" and prohibited shall be solely made by McAllister Park Design, LLC .

Should a policy violation occur, McAllister Park Design, LLC reserves the right to terminate the account without notice and without any refunds. The policy violating client will be held responsible for any damages to McAllister Park Design, LLC 's system, servers, connectivity, reputation, business, service, network, operations, or equipment. The policy violator may be charged a $500 clean up fee.

Web Site Content
The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on McAllister Park Design, LLC servers). McAllister Park Design, LLC is not responsible for any lost files, information, or data.

System Updates
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. McAllister Park Design, LLC reserves the right to modify the processing times at any time without notice. If a client or McAllister Park Design, LLC support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in our system.

Non-Reseller Hosting Account Disk Space and Bandwidth Usage
90% or more of your content on your website must be linked from an HTML, PHP or similarly coded web page where all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk usage. In order to ensure that these limitations on our non-reseller hosting accounts are not broken, webspace and bandwidth will be allocated in increments of 1,000 MB of web space and 10,000 MB of bandwidth. When more space and or bandwidth is needed the user agrees to contact our helpdesk requesting more.

Resource Usage
Users may not:
1) Use 25% or more of system resources for longer then 90 seconds.
2) Run IRCD or standalone server side unattentded processes.
3) Run cron jobs that in intervals of less than 15 minutes.
4) Run gaming servers, process game server stats, teamspeak, ventrillo or any other voice application, torrents, torrent related sites, trackers or applications.
5) Run any processes related to or that interface with IRC programs and or networks.
6) Run any kind of web indexer or web spider.
7) Repeatedly create and delete large numbers of files on a regular basis causing system damage.
8) Image Hosting Scripts (similar to Photobucket)
9) Auto-Surf Scripts
10) Mirror Scripts / Auto Dump Scripts (similar to rapidshare)

Inodes
Users may not exceed more than 50,000 Inodes per shared hosting account ( a shared hosting account is one cpanel username ). This limit is in place to prevent system overusage. Every email, webpage, file, etc takes up one inode.

Support
Free customer technical support is provided via our helpdesk. Technical support emails will be answered within 24 hours. Billing inquiries will be answered within one business day. Client agrees not to spam support.

Payment Policy
All services are on a monthly, quarterly or yearly prepayment basis.

Invoices that have been paid more than once with multiple paypal subscriptions can only be credited towards the account and cannot be refunded via paypal. If you require assistance with this policy please contact mcallist@mcallisterpark.com

Additional Features
Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated.

Renewal Notification and Billing Schedule
Renewal notification is emailed to the billing contact email address on file. Clients are responsible for keeping their contact information up to date. Clients agree to use a contact email address that is not hosted on McAllister Park Design, LLC servers as their contact email.
Clients on quarterly prepayment may queue themselves for annual prepayment at least 10 days prior to the end of their current billing cycle. If the client does not queue themselves for annual prepayment, the account will automatically be assessed quarterly prepayment.
Clients on annual prepayment must renew for annual prepayment at least 10 days prior to the end of their billing cycle. If the client does not renew for annual prepayment, the account will automatically revert to quarterly prepayment.

Credit Card Failures
In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If payment is declined in three consecutive billing attempts suspension of the account will occure.


Account Reactivation
If an account was canceled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $19.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable).

If an account was canceled due to policy violation, McAllister Park Design, LLC will not reactivate the account.

Refund Policy
No hosting fees will be refunded or pro-rated. There are no refunds for domain registration services.  If McAllister Park Design, LLC terminates an account due to Terms of Service policy violations, there will be no refund. The fees for additional features are non-refundable.
 
Cancellation
McAllister Park Design, LLC reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a 500 dollar clean up fee. McAllister Park Design, LLC reserves the right to delete the policy violating web site content without notice.

Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's billing control panel contact form.

If the client requests cancellation, their account will be terminated immediately. McAllister Park Design, LLC reserves the right to delete the web site contents without notice.

Indemnification
Client agrees to defend, indemnify and hold harmless McAllister Park Design, LLC against any liabilities arising out of defective products sold to customers from McAllister Park Design, LLC servers, personal injury or property damage caused by products or services sold or distributed from McAllister Park Design, LLC servers, any material that infringes or allegedly infringes on the rights of a third party available from McAllister Park Design, LLC servers, and any material that libels or allegedly libels a third party available from McAllister Park Design, LLC servers.

Arbitration
By using any McAllister Park Design, LLC services, clients agree to binding arbitration. If any disputes or claims arise against McAllister Park Design, LLC or its subsidiaries, such disputes will be handled by an arbitrator of McAllister Park Design, LLC 's choice. All decisions rendered by that arbitrator will be binding and final. Clients are also responsible for any and all costs related to such arbitration.

Disclaimer
McAllister Park Design, LLC is not responsible for any damages to any client's business. McAllister Park Design, LLC makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of McAllister Park Design, LLC 's web hosting and email service is at the client's sole risk. McAllister Park Design, LLC 's services are provided on an "as is, as available" basis.

McAllister Park Design, LLC does not guarantee that our services will be uninterrupted or error free. McAllister Park Design, LLC will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will McAllister Park Design, LLC be liable for any claims resulting from the use or inability to use McAllister Park Design, LLC 's services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to McAllister Park Design, LLC servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

McAllister Park Design, LLC reserves the right to revise our policies at any time.