DrakNet-Drak.Net Web Hosting - Terms of Service

Policy & Service Guidelines

We provide web hosting to thousands of clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

TRAFFIC RESTRICTIONS:

Our packages are all designed to allow for bandwidth maximums, each dependent upon the package that you have chosen for your domain. None of our packages come with unlimited bandwidth. Bandwidth count is reset at the end of each month.

When your site/s exceed bandwidth parameters, we monitor bandwidth usage and adjust your billing histories accordingly. When we find a domain has exceeded their bandwidth allotment, we charge $2.00 / GB of overage fees per month to the client's account. If your bandwidth overage charge would exceed the difference between your package, and an upgraded package with bandwidth allotments that would place you within that account packages parameters, we will upgrade your account to that package retroactively instead of charging bandwidth fees. You will be allowed to downgrade if your traffic stays below the original package's bandwidth level for one quarter.

STORAGE RESTRICTIONS:

DrakNet email accounts should not be used for permanent storage of email, and must be cleared periodically. In other words, don't click the "leave mail on server" box found in many popular email clients, do not let mail pile up on the servers.

If you go over disk quota, DrakNet will charge a $1 per Megabyte per month penalty for each megabyte that your storage is over your allotment (after determining that your account does not qualify for free additional storage). If you are significantly over quota and your penalty is more than the difference between your account level and the account level that you need for storage based on usage, DrakNet will upgrade your account to the next level to bring you back into compliance.

CPU/MEMORY/MySQL RESTRICTIONS:

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing percentage, memory usage, and MySQL) for a sustained period of time, DrakNet reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. High CPU load/Memory/MySQL is defined as using an average of more than X% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.

Account Level %CPU %MEM MySQL Processes

Intro 0.20 0.05 0.05

Junior 0.40 0.07 0.07

Jaz 0.60 0.10 0.10

Drake 0.80 0.13 0.13

Bells 1 0.16 0.16

Whistles 1.30 0.20 0.20

Bell and Whistles 1.50 0.25 0.25

If resource usage for any of these defined resources falls into another account level for 7 days in a row and you do not respond to our emails, DrakNet will upgrade your account to cover the resource usage. Excessive Resource usage that puts the server in imminent harm or imminently negatively affects services and resources for other clients may cause the site to be temporarily suspended.

MAILING RESTRICTIONS:

Forwarding email off the server to your ISP is prohibited. You may only use forwarding to forward email to email addresses within the server itself, or to a repository pop account on the server which can then pull the email off of the server.

MASS-MAILING RESTRICTIONS:

Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to DrakNet upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

DrakNet's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

All customers are advised of the following mailing restrictions:

No web-installed script may send out more than 100 emails per hour for performance reasons. If any script installed on our servers sends out more than 100 emails in one hour, that script will be locked automatically for the safety and performce of the server. Emailings must be throttled to send it batches of less than 100 emails at a time, once per hour. (To throttle PHPList, see the directions on this page.)
The max total emails that any domain may send per hour is 1000. This includes all mail sent from the server from web scripts, regular email use of all parties, webmail use, and mailman use.

KNOWLEDGE LEVEL:

Use of DrakNet's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge required will vary depending on what you wish to implement on your site. By signing up you agree that you have the necessary knowledge to create and use your web site services and that it is not our responsibility to provide this knowledge outside of our defined services and support. If you want to learn while doing here, great - but be prepared to read a lot. You can get "coddling" help for an extra fee.

Server Updates:

DrakNet reserves the right to update its servers at anytime. As a result we can not be held responsible to anything that may result in a persons site(s) not working properly due to the changes or updates on the server. We recommend that you keep up with changes through the DrakNet Blog, or the Draknet chat list.

Dynamic Scripts

Most accounts come with their own cgi-bin, PHp and Ruby on Rails ability. You are free to use any dynamic scripts you wish that fall within our acceptable use policy, however we reserve the right to disable any dynamic script that effects normal server operation without prior warning, no dynamic scripts may email more than 100 emails at a time, and if any dynamic programs disable the server in any way and we feel there is reason to believe that continued access to the server by the account holder puts the normal operation of the server in jeopardy, your shell access/the program will be restricted and/or your account will be suspended/deleted. There is a $50.00 fee per incident if we have to deal with this situation due to negligence. We do not provide technical support for any dynamic scripts that you install. If you install it, you have to figure it out. For additional guidelines see our Abuse Policy.

Background Running Programs

We do not allow our customers to run background running programs on any of our machines without prior consultation with DrakNet.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. If a bot is found on your domain (and it will be), your account will be deleted without warning and you will not be given a refund.

DNS

We do not allow outside DNS services for hosted sites on shared IPs. If hosting here, you must use our DNS servers. If you do not wish to use our DNS, you must contact DrakNet support to get prior approval to use outside DNS services, and the reason for doing so. Any shared hosting accounts not using DrakNet's assigned nameservers may be terminated.

Shell Access

Shell access may not be given to anyone that is not registered as a contact for the account in billing. Shell access should only be used by authorized contacts registered with DrakNet only.

Billing:

You are required to keep a valid credit card on file for recurring fees. We may charge your card for any and all invoiced amounts at any time of the month including overage fees. If you choose to not keep a card on file, you will be charged a $1.50 fee per payment term per package that this term is broken. Cards that have been declined for four weeks will be classified as an invalid card, and will also incur the fee.

Invoices for monthly, quarterly, and semi-annual accounts are generally sent on the 25th of each month for all packages renewing within the next 28 days. Annual accounts are invoiced and charged 3 months previous to date of renewal without exception due to the high rate of card expiration dates and declines.

You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

Fraudulent credit card charges, as well as unauthorized credits, will have the domain name revoked, and your account cancelled without notice. To reactivate your account, additional fees and charges will be levied. If you install a domain account without informing DrakNet or filling out an order form, DrakNet will charge fees for the highest level of account offered at the time of installation until the order form is filled out.

All issued invoices are due by the posted due date, and payments not received by that date will cause your account to be suspended.

There are no refunds issues for monthly, quarterly, semi-annual, or lifetime account pre-payment. In the event of a requested cancellation date that falls before the end of an already paid-for period, DrakNet will not issue a refund unless cancellation takes place within the first 30 days of the account.

30-Day Money Back Guarantee applies to hosting fees only. If-Day Money Back Guarantee is requested, refund will be made within three days only via the same method of payment use for initial payment. Refunds are not available for domain names, ssl certificates, alternate payment fees, or fines.

Transfer of Liability (Reselling):

Full accounts may be resold, however, the primary account holder is responsible for all technical support for all accounts under his or her account. You may not resell individual services within any account, such as web pace, emails accounts, or mailing lists without paying a $20 per month reseller fee on that account. DrakNet is not completely transparent to your users, and we do not offer totally private label reselling options.

Free Domain Registration

All domain names registered under DrakNet's free domain program are the property of DrakNet. In order to take the domain with you when you leave DrakNet, your account must be in good standing when you leave, and the $20 transfer out fee must be paid before you attempt to transfer the domain to another registrar. Domain names will be held if the fee is not paid, or if there is an outstanding balance on the account. Domain names will convert to paid domain names if all invoiced account fees are not up to date at the time of domain renewal.

Please note that this program is no longer offered, though all domains names obtained through this program are still bound by these terms.

Domain Name Registration

Domain name prices for DrakManaged domain names are posted on the site, and are non-refundable. If domain names are abandoned (the hosting account is canceled and the domain name is not ported), DrakNet will place the domain up for sale after it is determined that it was abandoned. Non-payment of a renewal fee by the client will also result in the domain name being placed up for sale if the companion hosting account is terminated for non-payment. Fees for renewal of a domain name in the Redemption Period are $300 plus the annual renewal for the year.

Domain Name Renewal after you no longer host here.

DrakManaged domain names held and managed by DrakNet are only available to those hosting their sites on DrakNet servers. Should you cancel your hosting account, you will be responsible for moving your domain name to a self-managed registrar. If you return to DrakNet and did not move your domain name at the time of renewal, the domain name renewal fee will be $25 over what the posted renewal rate is for the DrakManaged domain. Should DrakNet renew the domain name, you will still be responsble for moving the domain to a new registrar.

Content:

All services provided 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: 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 us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Commercial pornography content for fees is prohibited on all our servers. We will be the sole arbiter in determining violations of this provision.

Sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet are additionally prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Commercial MP3s where you are not the copyright owner.

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

Commercial Advertising - E-mail:

Spamming, or the sending of unsolicited e-mail, from our server or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited and you will be assessed a $500.00 fine to cover the cost of our staff having to invest time in getting the server secure, and unblacklisted. If the fine is not paid, all unpaid service fees and any domain names held through us will be forfeited. We will be the sole arbiter as to what constitutes a violation of this provision.

Backups

Full backups are made weekly, and nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. If data loss occurs due to negligence of client in securing their account or by an action of the client, DrakNet will attempt to recover the data from the most recent archive for a $20.00 fee. Server Abuse:
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. 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 must adhere to the above policies. Abuse of Staff:
If any manner of communication with the staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, or abusive, you will be issued one warning. If the communication continues, your account will be terminated without refund.

Cancellation of Service:

We require 30 days notice before you cancel your account though we may waive that upon request at our sole discretion, however, cancellations that take place less than 30 days that are allowed to be canceled will be done so for DrakNet account credit only. Your request to cancel must come before your invoice is charged for the next renewal, though in the case of annual accounts invoiced 3 months in advance, you have 60 days from the date of invoice to cancel and obtain a refund. Transferring your domain to another provider does not constitute canceling your DrakNet account. You must notify DrakNet to formally cancel your account to avoid being liable for further charges, and you must do so previous to the invoice for the renewal charges you wish to avoid. The invoice should not be considered a reminder to cancel, and absolutely no cancellations will be accepted after the client is invoiced with the exception of annual account holders invoiced 90 days in advance. DrakNet will close any accounts that we have determined to be abandoned by its owners, whether by inference (non-payment) or statement by account owner publicly or privately. Resellers:
Additional Reseller Requirements are incorporated into this document, and are published here. Technical Support Policies:
DrakNet's Technical Support Policies are are incorporated into this document, and are published here. DrakNet offers technical support primarily through a ticketing system and live chat system. Telephone support on our toll free line is available to account holders that have account level Whistles and above. All account holders that hold Intro, Junior, Jaz, Drake, and Bells accounts do not have telephone technical support included in their plans. Should account holders at the non-telephone technical support level plans call the toll free line, they will be charged $.50 per minute ($30.00 per hour charged per minute) to cover telephone charges and telephone consultation costs.

Disclaimer:

DrakNet will not be responsible for any damages your business may suffer. DrakNet makes no warranties of any kind, express or implied for services we provide. DrakNet disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by DrakNet and its employees or any companies DrakNet may contract. Customer agrees that it shall defend, indemnify, save and hold DrakNet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DrakNet, its agents, its customers, officers, contractors and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

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

All brands, products, trademarks, and service names mentioned are property of their respective owners.
Copyright ©1997-2008 DrakNet. All Rights Reserved. DrakNet® is a registered trademark of Jennifer Lepp