DISCLAIMER

Terms of Service

Allusion Entertainment provides virtual web hosting to numerous clients, and we have a responsibility to protect each client and to provide the best services available. The following Terms of Service were designed to ensure that these obligations are met.

These Terms may be revised from time to time. A customer's use of Allusion Entertainment's services after changes to the Terms are posted on Allusion Entertainment's web site, www.allusionentertainmenthosting.com, will constitute the customer's acceptance of any new or additional terms that result from those changes.

PAYMENT POLICY

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Allusion Entertainment in accordance with the cancellation procedures below of the termination of services. All payment is in U.S. currency.

All services will be automatically renewed on their contract renewal date unless previously cancelled by either party according to the cancellation procedures outlined below.

30 DAY MONEY BACK GUARANTEE

We offer a 30 day money back guarantee on all our accounts. If you decide to cancel your account for any reason within the first 30 days we will provide you with a full refund of all hosting costs paid by you to Allusion Entertainment. Cancellation of your account must be in accordance with the guidelines below, must not be due to a Terms of Service violation, and must be received by Allusion Entertainment within 30 days from the date of signup.

NETWORK UPTIME GUARANTEE

The Allusion Entertainment upstream providers guarantee that our network will be available at least 99.5% of any full month. If that goal is not met, Allusion Entertainment will pass 100% of the credit from the upstream providers to its clients in a pro-rata fashion.

CANCELLATION

All cancellation requests must be submitted by one of the following methods:

You may submit a cancellation request via our on-line form at
http://www.Allusion Entertainmenthosting.com/cancel.htm
You may fax a cancellation request to 1-707-885-0362
(Fax should be addressed to "Billing Dept.")
You may send a cancellation request to the following address:

Allusion Entertainment
1515 TRINITY AVE.

PORT ARTHUR, TEXAS 77642
USA

Cancellation requests that are sent via email will not be processed.

Allusion Entertainment reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and returned. Any violation of policies which results in extra costs will be billed to the customer (i.e. reconfiguration of server, etc.)

CONTENT

Allusion Entertainment is committed to providing a family friendly environment on the web. We are strict about our acceptable content because of this commitment. Never before have we been so bombarded with pornography and morally degrading material than by way of the Internet. We want no part of it.

All services provided by Allusion Entertainment may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: fraudulent material, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Allusion Entertainment from any claims resulting from the use of the service which damages the subscriber or any other party.

All pornographic content and sex-related merchandising is prohibited on all Allusion Entertainment servers, whether legal or illegal. This includes sites that may infer sexual content or links to adult content elsewhere. In addition, sites containing profanity or vulgar language are also prohibited.

Sites that promote any illegal activity or present content that may be damaging to Allusion Entertainment servers or any other server on the internet are prohibited. Links to such materials are also prohibited. Examples of this material include pirated software, hacker programs or archives, and warez sites.

It is also prohibited to engage in activities, whether lawful or unlawful, that Allusion Entertainment determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Allusion Entertainment will be the sole arbiter as to what constitutes a violation of these provisions.

COMMERCIAL ADVERTISING E-MAIL

The sending of unwanted/unsolicited bulk and/or commercial messages over the Internet (spamming) is STRICTLY prohibited. This includes sending spam from or through an Allusion Entertainment server or using an e-mail address or domain that is maintained on an Allusion Entertainment machine as reference. Spam has a negative impact on consumers and on our systems. It depletes server resources and opens Allusion Entertainment up to denial of service or "nuke" attacks from recipients of spam. In connection with this policy, the following activities are also prohibited:

Maintaining an open SMTP relay.
Forwarding or posting "chain letters" (multiple forwarding) of any type.
Attempting to cancel, supersede, or otherwise interfere with e-mail messages other than one's own.
Engaging in harassment, whether through language, frequency, or size of messages.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Allusion Entertainment will be the sole arbiter as to what constitutes a violation of this provision.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of Allusion Entertainment is strictly prohibited.

ABUSE OF SERVER RESOURCES

Running programs in the background on a Allusion Entertainment's server without Allusion Entertainment's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day and the like are not acceptable uses of Allusion Entertainment's servers. Usage of scripts or other utilities to direct pointed domain names to subdirectories without prior authorization from Allusion Entertainment is prohibited. Allusion Entertainment can set an additional domain name to be pointed to your site's IP address for a one time $25 setup fee.

Should any client on Allusion Entertainment's network use network or system resources beyond those explicitly provided to them by Allusion Entertainment, including but not limited to, disk space or data transfer allowances, Allusion Entertainment reserves the right to reclaim the resources, if possible, and make reasonable efforts to recover any costs and/or block continued use of the additional resources.

We do not want to limit your success. In fact our goal is to assist you in any way we can to ensure the success of your site. However, you should understand that your site is on a shared server with other sites. Any abuse by one user will affect all other clients on that server. If there is ever a problem we will make every reasonable effort to remedy the situation in a mutually beneficial way. Allusion Entertainment will be the sole arbitrator in these matters.

BACKUPS

Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. These backups can be made easily by the client in the "Site Management" section of the control panel. If loss of data occurs due to an error of Allusion Entertainment, Allusion Entertainment will attempt to recover the data for no charge to the subscriber. If data loss occurs due to the negligence of the client in securing their account or by an action of the client, Allusion Entertainment will attempt to recover the data from the most recent archive for a $75.00 fee.

IP NUMBERS

Allusion Entertainment maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

LIMITATION OF LIABILITY

Allusion Entertainment shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Allusion Entertainment's servers going off-line or being unavailable for any reason whatsoever. Further, Allusion Entertainment shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Allusion Entertainment's servers. All damages shall be limited to the immediate termination of service.

JURISDICTION

The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Utah, without regard to its conflicts of laws principles.

Any suit, action or proceeding concerning this agreement must be brought in a Utah State or Federal court located in Utah County, Utah, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appelate courts there from) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

REFUSAL OF SERVICE

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All Sub-Networks, distributive hosting sites and dedicated servers of Allusion Entertainment must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Any questions or complaints about violations of our policies should be referred to abuse@Allusion Entertainmenthosting.com. Each complaint will be investigated.

COPYRIGHT NOTICE