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					Terms of Service / Acceptable Use Policy
1. Agreement :


By obtaining an account for service from MCD Concepts on our servers, you
do implicitly agree to the terms outlined in this TOS/AUP as indicated by the
requirement to check the 'Agree to Terms of Service/Acceptable Use Policy'
checkbox prior to signing up online, or by a returned fax of a signed
TOS/AUP agreement. You do also agree to maintain our TOS/AUP for the
duration of your time with MCD Concepts. MCD Concepts reserves the right
to change the TOS/AUP any time we see fit.


This document (including updates and amendments) is the current and only
applicable TOS for clients of MCD Concepts.

2. Content :


All content stored and served from the MCD Concepts Servers and Network
is to be of a lawful nature only.


We will exercise zero tolerance of any sites or dedicated servers containing
the inclusion of (but not limited to) adult-only material, pornography, racist,
hate content, graphic violence, warez, pirated/fraudulent material, 'ripped'
or unauthorized site copies, virus, worms, trojan horse, high yeild
investment programs (HYIP) sites, harmful code or attachments and other
threatening or obscene content either stored, served or linked to from the
MCD Concepts Servers.


In the interest of protecting server and network resources and security, we
also do not allow the use of any IRC servers, egg drops, bots, web spiders
or Chat scripts or clients.


The distribution of MP3's is not allowed on our servers. Under certain
circumstances, this rule may be allayed. This exception, however, will be on
an individual basis and only upon direct request to our support staff.


We also do not allow the running of any background processes/daemons as
they may potentially affect server resources. Please consult with us before
you run any such device.


Clients shall not knowingly or otherwise, use or permit others to use, the
MCD Concepts Servers or Network for any of the abovementioned forbidden
content inclusions.

3. Refusal of Service/Violation of TOS :


All content stored and served from the MCD Concepts Servers and Network
is to be of a lawful nature only.


We will exercise zero tolerance of any sites or dedicated servers containing
the inclusion of (but not limited to) adult-only material, pornography, racist,
hate content, graphic violence, warez, pirated/fraudulent material, 'ripped'
or unauthorized site copies, virus, worms, trojan horse, harmful code or
attachments and other threatening or obscene content either stored, served
or linked to from the MCD Concepts Servers.


In the interest of protecting server and network resources and security, we
also do not allow the use of any IRC servers, egg drops, bots, web spiders
or Chat scripts or clients.


The distribution of MP3's is not allowed on our servers. Under certain
circumstances, this rule may be allayed. This exception, however, will be on
an individual basis and only upon direct request to our support staff.


We also do not allow the running of any background processes/daemons as
they may potentially affect server resources. Please consult with us before
you run any such device.


Clients shall not knowingly or otherwise, use or permit others to use, the
MCD Concepts Servers or Network for any of the abovementioned forbidden
content inclusions.


MCD Concepts reserves the right to refuse service or cancel a service upon
its sole discretion due to breaches of the TOS/AUP.
Existing clients found breaching any TOS/AUP conditions will either receive a
warning, suspension or immediate account termination, dependent upon the
nature of the breach of our TOS/AUP. In most cases, barring the most
serious of breaches, we will notify you by email of our intention to suspend
or terminate your account or site, no less than 24 hours before such action
is taken. In the case of a serious breach, such as serious violations of our
content or spamming policy we will suspend or terminate your account
immediately. In these cases, an email will be sent to the client, advising of
the suspension or termination and allow reasonable recourse for the client
to solve the problem.


Content of an illegal nature will be reported to the appropriate authorities
and the clients account will be terminated immediately. An email will be
issued to the client giving notice of a withdrawal of our services.


If an account is suspended or terminated due to a breach of this TOS/AUP,
MCD Concepts is NOT responsible for any losses or damages incurred.


If an account is suspended, although the site is unavailable, this is
considered uptime and any 7 day money back guarantee, if applicable, is
not valid.


No refund will be given for suspension or termination of account due to a
violation of this TOS/AUP.


Every violation of the TOS/AUP will result in a fine of $100. This amount is
not limited to any figure i.e. If you spam for every instance of spam it will
cost you $100.



4. Refund Policy/Account Cancellation :
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS
SECTION 4, ALL PAYMENTS TO MCD CONCEPTS ARE NON
REFUNDABLE.
If the client chooses to close their account with MCD Concepts, it is required
that the client:


Lets us know prior to the end of their current periods billing cycle. This will
enable us to remove the client from our billing system so as no further
invoices are issued.


Account cancellation notices will only be accepted if delivered via our service
cancellation form located on our website.


Any time after the account termination date (unless otherwise organized),
we will delete client account details from our servers. We strongly advise
that the client back up their site via the control panel and download it to
their local computer prior to advising us of the cancellation notice, so as no
information is inadvertently lost.

Refunds are given at the discretion of MCD Concepts.


No refunds will be issued in cases where we have terminated an account
due to a breach of this TOS/AUP.


No refunds can be made on domain name purchases.


Without waiving any of its other rights under this Agreement, MCD Concepts
offers to its Customers a 7-day money-back guarantee on fees for hosting
services only (the “7-Day Guarantee”). If for any reason you cancel your
account by filling in the account cancellation form and submitting it to MCD
Concepts, within seven (7) days of the beginning of your service, MCD
Concepts will refund your money with no questions asked; provided,
however, that you have never previously obtained a refund under the 7-Day
Guarantee. If you have ever previously obtained a refund under the 7-Day
Guarantee, your account will be canceled, but no money will be refunded to
you.

Please note that the amount refunded to you will be the amount you paid
for hosting services only, and will not include any of the following fees:

       Setup fees,
     Fees for domain name registrations,
     Fees charged for exceeding your allotted disk storage space or
     bandwidth,
     SSL certificate fees,
     Web design fees,
     Web site marketing fees,
     Any add-on services, features, software, and
     Any other fees for services involving a third party.

The 7-Day Guarantee is subject to all of the following limitations:

     You are entitled to a maximum of one (1) 7-Day Guarantee.
     If you do not cancel your account within thirty (7) days of the
     beginning of your service, your right to the 7-Day Guarantee shall
     expire forever and may not be revived under any circumstances,
     without the prior express written approval of MCD Concepts.
     You may not transfer or assign the 7-Day Guarantee to any third
     party.
     You agree that you will not circumvent the restrictions on the 7-Day
     Guarantee described in this document, or attempt to circumvent
     those restrictions by any means, including, but not limited to, the
     following actions:
              Creating multiple accounts, using the same customer name or
              different customer names;
              Cancelling your account for the sole purpose of obtaining a
              refund and then registering for a new account;
              Organizing multiple business entities or using assumed
              business names for the purpose of circumventing these
              restrictions;
              Knowingly providing false or misleading information when you
              register for your account; or
              Requesting a refund under the 7-Day Guarantee at any time
              after you have already received a refund under that guarantee.
     If you violate any provision of any of the following policies of MCD
     Concepts, you will not be eligible for the 7-Day Guarantee:
              Terms of Service (TOS);
             Acceptable Use Policy (AUP); or

Changes to your service, including, but not limited to, adding new services,
removing services, or changing the type of hosting plan you have do NOT
make you eligible for an additional 7-Day Guarantee. The 7-Day Guarantee
applies to your first order of Web hosting services from MCD Concepts and
does not apply to any changes to your service at any time.

5. Spamming/Email:


Spamming, unsolicited email or Mass Emailing (including programs that are
used for this purpose) in any form from the MCD Concepts servers or from
an email address held on the MCD Concepts servers is expressly forbidden.
A violation of this nature will revoke any service agreement you have with
MCD Concepts and may result in the termination of your account with no
recourse for refund. A fine of $100 per instance will be incurred.

6. Back-Up's:


Although MCD Concepts does perform system wide back ups, it is to be
advised that each client is responsible for their own site or servers backup's.
We do recommend that a personal backup is advisable. The ability to do so
easily is available to each client through his or her control panel. MCD
Concepts holds no responsibility as to the availability of backups and the
data contained within them.



7. Client Responsibility:


Clients with accounts on the MCD Concepts Network agree to act in a
responsible manner with regards to their content and actions on our
Servers. Client agrees to not knowingly or otherwise disrupt processes, or to
trespass, alter or tamper in any way with the security of files contained on
the Servers or to allow any content on their account that allows this to be
done.

8. Payments & Pricing:
Payments:
All payments are due on time and in whole. If an account is not paid by the
due date, the client will be issued an email or contacted by other means
notifying of the oversight. If payment is not received by the account due
date, then the clients account/web site will (upon our sole discretion) be
suspended. If payment is not received by the account due date then MCD
Concepts reserve the right to terminate the account and delete it from our
system. A fee of $7.50 will be incurred for every overdue account. MCD
Concepts may re-take control and ownership of any domains that are
associated with an overdue and delinquent account until full payment and
any associated collection fees are paid in full.


Accounts in suspended status are still considered to be payable accounts
and as such are subject to normal fees and account costs.


Pricing:
MCD Concepts reserves the right to change its prices listed on our web site
at any time without notice.

9. Transfer of Service:


The Client shall not transfer their service to any other person or entity
without prior written consent from MCD Concepts. If MCD Concepts agrees
to allow the transfer of service, the new client must agree to the MCD
Concepts TOS and AUP before the account becomes valid.

10. Abuse:


The abuse (threatening, harming, slandering or otherwise undermining) of
any client, employee, MCD Concepts itself or to its Servers will not be
tolerated and will be met with an immediate account termination without
recompense and will be reported to the appropriate authorities.

11. Reporting Abuse:


If a client is found to be in violation of - or suspected of violation of - these
TOS and AUP, it should be reported to MCD Concepts via email at
mailto:support@mcdconcepts.comThis email address is being protected
from spam bots, you need JavaScript enabled to view it. Please ensure that
all relevant and helpful details be included in the email so as the situation
can thoroughly investigated.

12 Network Security:


Clients are prohibited from violating or attempting to violate the security of
the MCD Concepts network or any of its clients. Should a violation take
place, civil or criminal prosecution may result. MCD Concepts will investigate
any alleged violations and co-operate fully with law enforcement agencies.


Violations include but are not limited to:
the attempt to login or gain access to any account or service for which the
client is not paying for; interfering with any service by Ddos attacking, mail
bombing or anything else that would be detrimental to the services that
MCD Concepts provides;


attempting to probe or scan or test the vulnerability of any MCD Concepts
servers or its network.


A violation of any of the above may result in immediate account termination
and reporting to the appropriate authorities.
13. Server Resources:


The use of programs that use up excessive CPU time or bandwidth (beyond
allocated amounts) is not allowed on the MCD Concepts servers and
alternative arrangements will be required. The client will always be notified
of such occurrences.


The disk space resources or program use (e.g. remote access of scripts such
as cgi) of the client is not to be resold by the client or used for purposes
outside of their own account/web site.


Clients who exceed their allocated disk space or bandwidth resources will be
notified of such occurrence and will be given adequate time to remedy the
situation. Continued use in excess of the allocated resources will result in a
suspension of the clients account and/or over used resources will be
charged accordingly and/or the clients account may be terminated as per
item 3 of this TOS.


The add on domain feature is not to be used for the purpose of providing
reselling, hiring, lending or free hosting services. This feature is designed to
be used to park additional domain names. You may be asked to purchase
additional accounts or have your account terminated if found breaching this
condition.

14. Domain Registration:


We make no representation that any domain name/s that are requested for
registration are available and able to be registered by or for the client until
such time that the client has received notice via a domain certificate issued
to them stating that they are the registered owner of the domain name/s.
Any action taken before such notification is done so at the client’s risk.


The registration and use of the client’s domain name is subject to the terms
and conditions of use as listed by the relevant naming authority/registrar;
the client shall ensure that they are aware of these terms and conditions
and that they comply with them. The client shall have no right to bring any
claim against us in for the refusal to register a domain name. Any
administration charge paid by the client to us shall be non-refundable
notwithstanding refusal by the naming authority/registrar to register the
chosen domain name.


We shall have no liability in respect of the client's use of any domain name.
Any dispute between the client and any other person must be resolved
between the parties concerned in the dispute. If any such dispute does
arise, we reserve the right to withhold, suspend or cancel the domain name
at our discretion. We shall also be entitled to make representations to the
relevant naming authority/registrar but will remain un-obliged to take part
in any dispute.


We shall not release any domain to another provider unless full payment for
that domain has been received by us.
Payment must be received in full before any domain name is registered. I.e.
Invoices must be paid in full before the domain name will be registered.

15. Indemnification:


The Client agrees that they shall defend, indemnify, save and hold MCD
Concepts harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable legal fees asserted against MCD Concepts, its
agents, its clients, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any product
sold by the client, it's agents, employees or assigns. The client agrees to
defend, indemnify and hold harmless MCD Concepts against liabilities arising
out of;


any injury to person or property caused by any products sold or otherwise
distributed in connection with MCD Concepts’s network;


any material supplied by client infringing or allegedly infringing on the
proprietary rights of a third party;


copyright infringement and any defective products sold to client from MCD
Concepts’s server. This means if MCD Concepts is sued as a result of a client
or a client of MCD Concepts client activity, the client will pay for any and all
damages and associated court costs and legal fees that MCD Concepts
incurs. For the purpose of this agreement all legal action shall be deemed to
be in the jurisdiction of Queensland, Australia.

16. Disclaimer:


MCD Concepts will not be responsible for any damages your business may
suffer and makes no warranties of any kind, expressed or implied for
services we provide.


MCD Concepts disclaims any warranty or merchant-ability or fitness for a
particular purpose. This includes loss of data resulting from delays, non-
deliveries, wrong delivery, and any and all service interruptions caused by
MCD Concepts and its employees. The Client acknowledges that the service
that is provided can be interrupted for reasons other than the negligence of
MCD Concepts. The Client agrees that MCD Concepts cannot be held liable
for any damages arising from any disruption of service that is outside the
direct and exclusive control of MCD Concepts. The Client also acknowledges
that the absolute limit of any liability for anything for any reason to any
client at all can never exceed an amount equivalent to the charges payable
by the client to MCD Concepts during the period in which damages are
alleged to have occurred.

17. Changes to these Terms of Service:


MCD Concepts will endeavour to notify each client via their contact email
address provided to us, of any change or updates to this Terms of Service
document. Any changes made to this TOS become applicable upon the
updated document being posted on our web site. Continued use of our
service after such a change constitutes an acceptance of the changes.


MCD Concepts reserves the right to alter, edit, and/or update the policies
contained in this document at any time for any reason without notice.

18. Agreement:


By taking an account with MCD Concepts, you agree to these Terms of
Service and Acceptable Use Policy and agree to act in accordance with the
terms contained therein.

				
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