Terms of Service
AUP applies to all McMullen Hosting clients regardless of our locations.
Policies apply automatically to all McMullen Hosting clients upon subscription to the Services including subscription through a
third party or any commercial partner.
Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law. The terms "we", "us" or "our"
shall refer to McMullen.
Specific activities that are prohibited include, but are not limited to:
Threatening harm to persons or property or otherwise harassing behavior.
Violating Canadian export control laws for software or technical information.
Misrepresenting or fraudulently representing products/services, If we recieve a DMCA for your site/clients site this is abuse to our
TOS if you are proven guilty.
Transmission, distribution or storage of any material in violation of any applicable law or regulation.
Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property
right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal
threat, or is otherwise illegal.
Facilitating, aiding, or encouraging any of the above activities, whether using McMullen Hosting's network or service by itself or
via a third party's network or service.
Interference with a third party's use of McMullen Hosting's network or service, or ability to connect to the Internet or provide
services to Internet users.
Email
McMullen Hosting has a STRONG anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy
servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, McMullen
Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, McMullen Hosting reserves the right
to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. McMullen Hosting will
notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is
responsible for any and all SPAM related actions which come from their account. The total limit of emails to be sent and received
per hour is 250. Sending unsolicited email messages, including, without limitation, commercial advertising and informational
announcements, is explicitly prohibited even if the lists are said to be opt-in. Customer will not use another site's mail server to
relay mail without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network
that advertises, promotes or in any way points to a location inside McMullen Hosting network. Sending Unsolicited Bulk Email ("UBE",
"spam") The sending of any form of Unsolicited Bulk Email through McMullen's servers is prohibited. Likewise, the sending of UBE
from another service provider advertising a web site, email address or utilizing any resource hosted on McMullen's servers, is
prohibited.
IRC networks
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be
connecting to or part of these networks will be immediately removed from our network without notice. The server will not be
reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to
let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation
will result in immediate account termination.
Free Hosting Websites
It is absolutely forbidden to host an a website that offers free web hosting on any McMullen Hosting web server. Account owners
found to be in voilation of this rule will be warned and told to take the site down. If the formentioned account offers such
services again, his account all accounts under him will be immediately suspended and remain so for the rest of eternity. The term
"free" can and will be used liberally in describing said services. For example, sites selling hosting for $0.01 sites selling
hosting for $1.00 a year would fit into the free category. McMullen Hosting reserves the right to make judgements on its sole
discretion about which sites are providing "free hosting".
Domains
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be
registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified
that it has or they have been registered. Any action taken by you before such notification is at your risk. The registration and use
of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that
you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in
respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding
refusal by the naming authority to register your desired name. >We shall have no liability in respect of the use by you of any
domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any
such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part
in any such dispute.
Adult Content
Legal adult content must be published in accordance of any applicable law or regulation. McMullen Hosting reserves the right to
suspend any account publishing offending content.
Gambling Sites
We have no gambling site policy at this time as we lack exposure to this. Proceed with caution and expect the worst.
Warez and Warez Linking/Torrents
Our servers are located in the US. Warez and Warez linking/Torrents is strictly forbidden in US due to copyright laws. Any accounts
found having either will be terminated or suspended with or without notice.
VPS/Resellers
All VPS do not come with any money back guarantee no matter if you claim unused or used. Please understand setting up server's
take's time and money. McMullen is not responsible for any data lost or hardware failure or back ups on any VPS this is your duty to
ensure that you are backing up your data and your client's data. All TOS apply to VPS client's as well. The reseller/VPS customer is
liable and responsible for all actions of their account and sub accounts created by the reseller/VPS customer. As the reseller/VPS
customer you agree to accept all responsibility and liability for your actions and the actions of your sub users either directly or
indirectly. Terms of Service violations as a result of a sub user account being exploited with or without knowledge will be the
responsibility of the reseller/VPS account holder. The reseller & VPS account holder agrees to actively monitor their sub accounts
to ensure all sub accounts and their own account are abiding by all of McMullen's policies and Terms Of Service. The legal liability
and legal responsibility of the sub accounts of the reseller/VPS belongs to the reseller/VPS customer. Run Scape bots and mine craft
are forbidden on any part of our network you will require a dedicated server for this due to resource usage. Please note we do not
offer nor take back ups of VPS this is your duty and anyone who uses the vps duty to ensure they are backing up the data as we do
not offer any back ups what so ever on VPS.
System and Network Security and Back Ups
Customer is prohibited from utilizing McMullen Hosting services to compromise the security or tamper with system resources or
accounts on computers at the Premises or at any third party site. McMullen itself secures it server's the best we can but McMullen
is not responsible if your site or your clients site has been hacked what so ever it is your duty to make sure all script's that you
are running are up to date to avoid any exploits which could cause your site harm. McMullen will make all possible efforts to
provide a backup mechanism and keep complete backup copies of all shared hosting, reseller, master reseller solutions. However, the
customer or customer "customers" must keep a personal backup copy of its software, sites, databases and all hosted content. McMullen
should not be held responsible of any loss of data or data corruption. Backups will not be provided for accounts that have been
suspended or terminated or for any clients who have filed a dispute regarding billing or for any reason unless otherwise agreed to
in writing by McMullen.
Backup Limit
Any account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases
continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the
event of a drive failure.
Hate Material
Use of, hosting, providing services to, or content pertaining to but not limited to the following items: racist, facist, gender
hating material and anti civil liberties materials is prohibited on McMullen Hosting servers….You will be warned to take this down.
If our warnings are not heeded in a timely fashion you will be suspended.
Specific activities that are prohibited include, but are not limited to:
Threatening harm to persons or property or otherwise harassing behavior.
Use or distribution of tools designed for compromising security.
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without express authorization of the owner of the system or
network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or
network.
Deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Intentionally or negligently transmitting files containing a computer virus or corrupted data.
Resource usage
McMullen Hosting Shared Hosting: it is strictly forbidden, without prior written authorization, to allow a third party or the user
of another web hosting service to use or access your account's resources. Without limitation, this applies to usage of an account to
provide public online services like statistics, image hosting or any other service targeted to external web sites. Use 25% or more
of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc. McMullen shared and reseller servers run Cloud Linux you are allow 20 concurrent connections at any
time, if you exceed this your account will be affected not the server.
One Time Services
Refunds cannot be provided for One-Time services, this includes Dedicated IP Addresses, Software Subscriptions, Labor, Setup Fees,
Late Fees, WHMCS, WHMCS Configuration, WHMCS Integration, etc
Permissions
It is your/ or your client's or clients "clients" etc.. responsibility to ensure that scripts/programs installed under your account
are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions
on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their
account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password.
If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit "is" performed, and your password is found to be weak, we will notify you and
allow time for you to change/update your password.
Rights Reserved
McMullen Hosting reserves the right to modify this AUP at any time without notice. Customer is responsible for all use of the
Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of
Customer. McMullen Hosting can require a signed copy of this documents.
Resellers/Master Resellers
Resellers/Master Resellers, if at any given time you dislike our service and request a refund within 30 day's please know that you
will not be refunded for WHMCS License if your Reseller/Master Reseller plan came with it . What's the cost per month that will be
deducted for WHMCS License ? $15.00 USD.
Late Fees / Over due on Invoices
If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email
address on file) with instructions on rectifying the situation. Please note that McMullen-Hosting.net holds the right to deny access
to and/or de-activate accounts hosted on our servers of which have unpaid past due balances. Accounts are at risk for suspension and
termination of service or an added late fee if payment for hosting is not received 6 days after the due date of a total of $10.00
late fee. Shared/Reseller/VPS Accounts 6 days past due will be assessed a late fee calculated at $10.00 plus the balance due to re-
activate service.
Violation
McMullen Hosting, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case
basis (Of your client's or "client's client's". Violation of this AUP could also subject Customer to criminal or civil liability.
McMullen Hosting may block access at the router level to the Customer's Equipment involved. If McMullen Hosting believes, in its
sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or
permanent blocking of access to Customer's Equipment or data, and the suspension or termination of Customer's services under this
Agreement. McMullen Hosting may involve and will also fully cooperate with law enforcement authorities in investigating suspected
lawbreakers. McMullen Hosting and our Data Center have no obligation to provide warnings under any circumstances and can terminate
the account without prior notice if the Customer violates this policy.
Reseller/Master Resellers, Alpha Resellers, Dedicated Servers, VPS, Shared Hosting suspension, refund and late fee policy.
A common question we figured we should add in our Term's Of Service is, If I'm a reseller or master reseller and my client violates
the Term's of Service will you suspend me as well? The answer is no. How ever we will first contact you keeping you aware of the
issue and let you handle it but in any case that you do not respond or take action McMullen reserves the right to take action and
possibly suspend your client. It is your responsibility to manage your clients and participate with us if any Term's of Service have
been violated. Resellers/ Master Resellers we will not migrate any clients over for you, you are capable of doing so through Zamfoo
in your WHM you will notice way down at the bottom in "plugins" Zamfoo Guide in red, in there it shall explain how to migrate your
clients over. In any case we do decide to migrate clients for you please note there may be a fee. This does not mean that if your a
new customer directly of McMullen that we are not willing to migrate you over including the current clients how ever if your a
"master reseller or reseller" then establish a new client who originally was never with you with the first migration we did for you
then fee's may apply. All accounts which exceed the due date are suspended after 4 days and terminated after 8 days, all accounts
terminated and suspended cannot be held retrieved unless other wise agreed by McMullen via ticket in your physical client area
located in our billing system. Late fees may apply and will apply after the 6th day over due. McMullen does generate invoices 9 days
early given you enough notice that you have an open invoice how ever just because we state that don't rely on this you should be
well aware of your due date and its your duty to ensure your accounts billing are up to date. If you have requested a 30 day money
back on our shared/reseller services you may only take advange of this once so this means if you sign up under shared hosting take
advantage of our 30day money back and then apply months, days, weeks later you are not eligible for refunds. Dedicated servers and
VPS servers are excluded from any type of money back.
Refunds & Cancellation
If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will
not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.
You must allow up to 30 days for credit and refunds to be processed and applied to your account. You can only cancel your account by
opening a support ticket with our billing department supplying your: Main account domain, username, password. VPS Are excluded from
the money back guarantees. If your violate our terms of service refunds are not given under any circumstances. If you open any
disputes with any of our payment processors we are allowed to suspend your account so we can investigate. We reserve the right to
cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refunds cannot be provided for any
store credit.
WHMCSConfiguration/ WHMCS Upgrade / McMullen T.O.S
WHMCS Configuration / McMullen / WHMCS Upgrade will not issue any refunds for work completed or started.
We will not store any back up's of any work performed unless you have selected it upon ordering.
We are not responsible for any damanged/lost data.
We will provide you with your order within 24-48 hrs.
You must note while requesting us to Upgrade WHMCS, Changes to template files other than the header and footer files may be
overwritten during the upgrade. ( Its your duty to have this backup )
We are not responsible for any integration which doesnt meet cross browser's due to your current coding.
Refund's do not include any domain purchases and any abuse toward's our Term's Of Service void's any refund's. TOS also applys for
our Virtual Private Server's.
SLA
99.9% - 90% = 25% credit
90% - 89.9% = 50% credit
Anything below 89.9% = 100% credit for the month. Credit will be declined for any ddos attacks/abuse in which caused downtime.
Credit will be applied for Network issues which isnt interupted by abusers/attacks.
View our Privacy Policy at Privacy Policy
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