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Hosting Terms of Use
Terms and
conditions
Acceptable Use Policy (includes Adult Content Policy)
(SPAM) Policy
CGI Abuse Policy
This Services Agreement (the "Agreement") contains the complete terms
and conditions which govern your subscription of Web hosting, e-Commerce
and other Internet-related services provided by Mr. McLaughlin Web Inc.. As used
in this Agreement, "Mr. McLaughlin Web Inc." means "Client", "you", or "your"
means you. By signing a contract with Mr. McLaughlin Web Inc. or receiving
hosting with Mr. McLaughlin Web Inc., you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all policies
posted on the Mr. McLaughlin Web Inc. site. As referred to in this Agreement,
"Site" refers to a World Wide Web site and "Mr. McLaughlin Web Inc." refers to
the Site located at the URL Http://www.mrmclaughlinweb.com, or any other
successor Sites owned or maintained by Mr. McLaughlin Web Inc..
1. APPROPRIATE USE OF THE SERVICES.
Mr. McLaughlin Web Inc. provides the Services exclusively and
makes no effort to edit, control, monitor or restrict the content of
data other than as necessary to provide such Services.
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Client Content. Client agrees that it will not distribute,
electronically transmit or display any materials supplied by Client
- or through Client by a third party - to any Mr. McLaughlin Web Inc.
server in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
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infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of
Mr. McLaughlin Web Inc. or any third party;
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are defamatory, slanderous or trade libelous;
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are threatening or harassing;
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are discriminatory based on gender, race, age or promotes hate
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contain viruses or other computer programming defects which result
in damage to Mr. McLaughlin Web Inc. or any third party.
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Bandwidth. Client may occupy only the amount of disk
space on the Mr. McLaughlin Web Inc. Server and utilize no more than the
network bandwidth that is allotted by Mr. McLaughlin Web Inc.. Additional
fees, specified in the Hosting plans page, will be charged for
exceeding the disk space and/or network bandwidth allowance of your
selected plan.
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No "Spam". Client shall not use the Services for chain
letters, junk mail, spamming, or any use of distribution lists to
any person who has not given specific permission to be included in
such a process. Client also shall not engage in any unsolicited
email practices at Mr. McLaughlin Web Inc., or otherwise, that mentions
or reference any domain hosted on Mr. McLaughlin Web Inc. servers or
parked on Mr. McLaughlin Web Inc. DNS servers. (Refer to our
(SPAM)
Policy).
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Licensed Software Only. Client agrees to use only properly
licensed third party software in connection with Client's use of the
Services.
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Back-Up Files. Client will have the ability to reinstate files which
are automatically archived by Mr. McLaughlin Web Inc.; however,
Mr. McLaughlin Web Inc. does not guarantee the existence, accuracy, or
regularity of its backup services and, therefore, Client is
responsible for making back-up files in connection with its use of
the Services. Backup capability is available through the Client’s
Control Panel.
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Termination. Mr. McLaughlin Web Inc. reserves the right to
refuse service to anyone. Mr. McLaughlin Web Inc., in its sole
discretion, may immediately terminate this Agreement if Client
engages in any of the foregoing. To report any unacceptable behavior
by a third party using the Services, please contact
abuse @ Mr. McLaughlin Web Inc.
2. PAYMENT OBLIGATIONS
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Service Fees. By the Tenth (1st) of each month,
Mr. McLaughlin Web Inc. shall either (i) debit Client's credit card
(where such information is provided by Client) or (ii) deliver by
e-mail or regular mail an invoice to Client in accordance with the
applicable Services fees for services rendered for the current
month. Where an invoice is delivered to Client, Client shall remit
payment to Mr. McLaughlin Web Inc. by no later than the specified payment
due date. Mr. McLaughlin Web Inc. shall be entitled to immediately
terminate this Agreement for Client's failure to make timely
payments to Mr. McLaughlin Web Inc.. Certain services carry a set-up fee
charged by Mr. McLaughlin Web Inc. to Client that must be paid by Client
in order to have use of the Services. If Client terminates this
Agreement in accordance with Section 4 hereunder, Client shall be
responsible for any outstanding fees owed to Mr. McLaughlin Web Inc. and
agrees to pay any and all fees incurred by Client. Because the
Services are provided on a monthly basis, Client will be responsible
for Service fees incurred each month regardless of when Client
provides notice of termination. Thus, for example, if Client
provides notice to terminate on the 15th of a particular month,
Client will still owe fees for the entire month and such fees will
not be pro-rated or refunded. If Client has retained the Services
for one (1) year and has pre-paid Mr. McLaughlin Web Inc. for such
Services, refunds will be issued for any unused full month portions
of the Services upon Clients request. Therefore, if Client's account
is cancelled at any point during the one (1) year term, Client will
be entitled to a refund for the months remaining after notice given
by the 25th of the preceding month.
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Domain Names. If Client chooses to register a domain
name(s) through Mr. McLaughlin Web Inc., Client acknowledges and agrees
that Client will pay a registration fee(s) to register the domain
name(s) with the applicable domain name registrar.
Mr. McLaughlin Web Inc. does not offer refunds for domain name
registrations for any reason, including misspelling of the domain
name.
3. CLIENT LIABILITY AND INDEMNIFICATION
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The parties agree that in no event shall Mr. McLaughlin Web Inc. be
liable to any third party for Client's breach or alleged breach of
any of the terms and conditions set forth in this Agreement. Client
agrees to defend, indemnify and hold harmless Mr. McLaughlin Web Inc.
from any and all expenses, losses, liabilities, damages or third
party claims resulting from Client's breach or alleged breach of any
Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
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Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section 4. Either party
will have the right to terminate this Agreement upon notice to the
other party. If Client is terminating this Agreement, Client must
follow instructions for cancellation provided on the Server
Cancellation Information page. The essence of this page states that
Client must contact the Mr. McLaughlin Web Inc. to receive a cancellation
number, which Client shall retain as proof of termination, and all
cancellation requests must be received by the Twenty-Fifth (25th) of
the respective month of cancellation. Any other attempt by Client to
cancel this Agreement by written or e-mail notice shall be void.
Sections 3 - 8 shall survive termination or expiration of this
Agreement.
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If Client terminates its account, Client shall be allowed to
re-instate Client's use of the Services within Seven (7) business
days of cancellation. Client shall pay a fee of Fifty Dollars ($50)
prior to any re-instatement of Client's account. Once payment has
been received, Client's account will be activated within Forty-Eight
(48) business hours. Mr. McLaughlin Web Inc. will maintain an archival
copy of Client's Web site for Seven (7) days after
Mr. McLaughlin Web Inc. receives notice of cancellation. Thereafter,
Client will need to place a new order if it wishes to subscribe to
the Services.
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