CHANGE IN TERMS
By accessing The Old Drawin' Board you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via The Old Drawin' Board while you are a user of The Old Drawin' Board services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact The Old Drawin' Board immediately so that we may close your account. Resellers are NOT exempt from these policies.
The Old Drawin' Board has a responsibility to provide the best service possible. The The Old Drawin' Board customer is expected to have a basic knowledge of how the Internet functions, the types of use which are generally acceptable on the Internet, and the types of use which are to be avoided. Common sense is the best guide as to what is considered acceptable use. Also common sense is the rule when uploading files during high traffic usage times on the Internet. The Old Drawin' Board offers space for your site on our servers and has nothing to do whatsoever with your access to reach our servers or the time it takes to upload, etc. The following guidelines were designed to ensure these services.
All services provided by The Old Drawin' Board 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 secrets and other statutes, violation of U.S. export restrictions, harassment, fraud, trafficking of obscene material, drug dealing, and any other illegal activities. The subscriber agrees to indemnify and hold harmless The Old Drawin' Board from any claims resulting from the use of the service that damages the subscriber or any other party.
NOTE: Pornography and Adult content is prohibited. This includes sites that may have links/banners to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. A few examples of non-acceptable content or links are:
- pirated software hacker's
- programs or archives
- warez sites
- mp3 archives
The Old Drawin' Board will be the sole arbiter as to what constitutes a violation of this provision.
Any content developed or designed by The Old Drawin' Board is copyrighted and credit must be posted at all times. Any graphics designed by the Old Drawin' Board and posted on any website must be given credit on said website at all times. Credit consists of the business name: The Old Drawin' Board and a link to the website - http://www.theolddrawinboard.com
Any web site that uses a high amount of server resources (such as CPU) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource needed to an acceptable level. Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account, resale of access to CGI scripts installed on The Old Drawin' Board servers, or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site will not be allowed. The Old Drawin' Board shall be the sole arbiter of what is considered to be a high server usage level.
HIGH RESOURCE POLICY
Any site that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be deemed a "High Resource Customer". High Resource sites are sites that use an excessive amount of system resources such as bandwidth, storage or CPU utilization and sites that go over the 9 GB allotment. It is by The Old Drawin' Board's sole discretion to decide which sites are "High Resource" sites. Please NOTE: Less than 1% of our customers have ever qualified as a "High Resource Site." Sites who have been deemed as a "High Resource" site will be subject to the following: A $300 per month fee will be added to the user's current monthly fee.
We take Copyright and Copyright Laws very seriously. If we receive a notice of Copyright Violation or Infringement, on any site account on the Old Drawin' Board Servers, the account holder will be notified by email. The account holder will then have 24 hours to reply and explain the violation or the account will be terminated with no refund of funds paid. Copyright Violations can include, but are not limited to the following: Trademarks Graphic Images, Intellectual Material, Design Aspects, Sound Files, etc. The Old Drawin' Board is not responsible for such infringements but violators will be terminated.
The sending of commercial advertising through email (AKA spamming) from a The Old Drawin' Board server, referring to an URL on a The Old Drawin' Board server, or using an email address that is maintained on a The Old Drawin' Board server is STRICTLY PROHIBITED. This includes but is not limited to activities such as using a non-existent email return address on a commercial solicitation, allowing spamming by third parties to promote a web site hosted by The Old Drawin' Board , trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross posting articles to any newsgroup without their permission, and commercial advertisements. In general, any kind of commercial advertising in areas on the Internet not intended for such purposes is prohibited. Government laws construed as protecting this practice do not apply. Please read additional spam policy below. we reserve the right to determine what violates this policy.
Any attempts to undermine or cause harm to a The Old Drawin' Board server or using an email address that is maintained on a The Old Drawin' Board machine is STRICTLY prohibited. We reserve the right to deactivate any script (even our own) if it is used to such an extent that it poses a threat to the performance of our network.
Complaints about violators of our policies should be referred to abuse @ theolddrawinboard.com. Each complaint will be fully investigated. The Old Drawin' Board reserves the right to fully investigate any reported violations and to determine the proper consequences.
REFUSAL OF SERVICE
The Old Drawin' Board reserves the right to refuse, cancel, or suspend service at our sole discretion. The Old Drawin Board is NOT responsible for it's clients business practices. If we become aware of illegal or unethical business practices we reserve the right to terminate any and all services and relationships with our clients.
Transmission of bulk, unsolicited commercial e-mail (UCE) or commercial postings to inappropriate newsgroups (spam) by The Old Drawin' Board customers is strictly prohibited.
Spammers, take note of the following prices, for which you agree to be billed effective July 10th 2000:
The Old Drawin' Board Users' UCE: $500.00 US plus $10 for each spam/UCE sent, plus immediate account deactivation for 10 days (first offense) cancellation for (second and last offense) any customer of The Old Drawin' Board that sends any spam whatsoever, whether from our mail servers or from external mail servers that refer to an The Old Drawin' Board customer web site.
User accounts will be deactivated immediately and without warning when evidence of spamming is discovered. Using a The Old Drawin' Board address (real or virtual) as a drop or reply point to spam transmitted off the The Old Drawin' Board network is also prohibited.
Note: If you have a website on our webserver, or if you house part of your website on our server(s), or if you have a webserver(s) of your own connected to our network where network is defined as The Old Drawin' Board , The Old Drawin' Board or other domains controlled by The Old Drawin' Board
It is NOT acceptable to spam the internet with ads for your URL. If we are informed of this activity, we will inform the postmasters at the site of origin of the spam, assuming it's done from a remote site. If the problem continues, we may revoke your account or server hosting privileges because of it. We do not in any way condone spam of any kind, and we will not accept as customers users who abuse the Internet in this way.
The Old Drawin' Board supports email connectivity to our servers directly. This means you specify pop3 and smtp server names in your email client to connect to us directly to receive email on behalf of your domain. Any requests for MX record changes to support any other configuration will result in additional charges.
1. It is best practice to only use your domain mail for business purposes.
2. Never send email to customers unless they have asked you to contact them.
3. NEVER use your domain mail account for sending out mass/bulk emails or newsletters with more than one recipient. You must use a 3rd party mailing list service for this.
AOL USERS: Any emails coming from The Old Drawin' Board server that are mistakenly reported to AOL as SPAM will result in the termination of services. A fine (amount to be determined by The Old Drawin' Board when damages are assessed) will be issued if such reports cause AOL to blacklist our server.
Deposits are non-refundable
New Sites - All new sites are billed upon completion. Deposits will be subtracted from total. Invoices are due upon receipt unless prior arrangements have been made.
Monthly Hosting and Maintenance fees - All hosting fees will be billed on the 1st OF EVERY MONTH and are DUE UPON RECEIPT. All Maintenance, including editing, updates and custom work done on your site (other than graphics) will be billed on the 1st of the month following completion and is DUE UPON RECEIPT. No exceptions. No further maintenance will be done until all outstanding balances have been paid.
Graphics - Initial package must be prepaid. All additional graphics are billed upon completion and is DUE UPON RECEIPT. No exceptions. All graphics used on any website must be given credit on said website.
Invoicing - You will be invoiced via email only. Please print and save all invoices for your records. If we have to send you copies of invoices you will be charged. Upon your first invoice you will be provided with information and instructions on how to pay. Please note that the following applies:
- 5 days (if paying by paypal or credit card) past due results in access restriction: $5/late fee / 10 days - $10 late fee.
- 10 days (if paying by check) past due results in access restriction: $5/late fee / 15 days - $10 late fee.
- 15 days past due results in account deactivation: $25 reactivation fee
- 30 days past due results in account termination: $50 reinstatement fee.
You will be notified via email if your account is past due however we are not obligated to this. It is the customer's responsibility to ensure timely payments are made. If you change email addresses or your credit card or billing information has changed you must inform us ASAP. If your account has been deactivated due to non-payment a $25 reactivation fee will need to be paid along with all fees due to make your account current. If your account has been deleted due to non-payment, a $50.00 reconnection fee will need to be paid plus all fees due to make your account current.
In the unfortunate event that you or your company does not comply with our billing policy for any and all services and your payment is not received on time, your site, including graphics will be pulled down and a delinquent notice will be posted. No Exceptions.
If you decide to terminate your hosting account on the server you must notify us 2 days prior to the end of the month. Any account left active past the first of any given month is responsible for the hosting dues for that month. There is NO prorating of monthly fees upon your leaving if you request your account closed or we close your account due to lack of payment prior to the last day of the month. We provide a monthly service and there are no refunds. You are responsible to notify us immediately if you transfer your domain off the server, or you allow your domain to expire. (see domain liability statement below) - any account left active past the first of the month is responsible for that months hosting fees whether your domain still hosts on our server or not. If you transfer your domain off the server before the end of any given month we have the right to shut your hosting account down due to lack of use. You are still responsible for ANY AND ALL outstanding fees on your account regardless of when you transfer your domain or cancel your account.
If you would like a backup copy of your files on disc, you must first send $15 cash or check along with your current mailing address and we will send you a copy of your website files as they were when your account was terminated. We ARE NOT responsible for keeping backup copies for our clients after your account has been cancelled or terminated for ANY reason.