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The Old Drawin' Board


Terms of Service

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.


CONTENT
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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


SERVER RESOURCES
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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.


CHAT ROOMS
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The Old Drawin' Board  does not allow clients to install their own chat rooms.


BACKGROUND RUNNING PROGRAMS
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The Old Drawin' Board  MAY allow programs to run continually in the background, these programs will be considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact us before doing so.


IRC
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The Old Drawin' Board  does not allow IRC or IRC botseggdrops of ANY KIND NO MATTER HOW SMALL to be operated on our servers. Violation of this policy will result in IMMEDIATE termination WITHOUT warning and all files in the offending account will be deleted.


FILE LIMITS
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Under no circumstances shall an account with 300 megs go over and above 15000 files. We reserve the right to charge extra for those going above that limit.


MAIL CONFIGURATIONS
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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.


HIGH RESOURCE POLICY
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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.


COPYRIGHT VIOLATIONS
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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.

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.

NET ABUSE
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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.


SPAM
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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.

DOMAIN MAIL

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.


SERVER ABUSE
------------------------------

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.

BILLING POLICY

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.
  • 20 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.

Delinquent Accounts
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.

Terminating accounts
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.


Limitation of liability:

Your use of The Old Drawin Board's services are at your sole risk. All The Old Drawin' Board services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

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. We have no involvement or knowledge of our clients actual business dealings and practices and we can not and will not be held accountable or responsible for any business practices of our clients. The Old Drawin' Board is not responsible for its customers who practice fraudulent or irresponsible business. 

The Old Drawin' Board makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the The Old Drawin' Board service.

In no event will The Old Drawin' Board - Or The Old Drawin' Board Hosting Services be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use The Old Drawin Board's - Or The Old Drawin' Board Hosting Services, services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage, or theft, destruction, unauthorized access, to , alteration of, or use of any record.

The Old Drawin' Board is NOT a domain registrar. The Old Drawin' Board is not responsible for domain registration and renewal. The Old Drawin' Board can provide this service for our customers but we are not responsible for the loss of a domain for any reason. The Old Drawin' Board does not own our clients domains even if the domain was registered or maintained by The Old Drawin Board. The Old Drawin' Board is not liable for any loss or damages arising or resulting from the loss of a domain. If a client cancels our services The Old Drawin' Board is still maintaining a domain, client is still and forthwith responsible for paying for said domain prior to renewal each year and must keep in contact  with The Old Drawin' Board concerning the status of said domain. If we can not contact client prior to expiration and we do not receive payment at that time, the domain will not be renewed and we are not responsible for the loss of any domain. The Old Drawin' Board is not a domain registrar and we are not responsible for the loss/expiration of any domain belonging to our clients or registered for our clients.

The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California - USA. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in Riverside, CA, USA, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

The Old Drawin' Board reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to The Old Drawin Board, you signify your agreement to these Terms of Service.

If you do not agree to these Terms, then please don't submit an order!

Please read our Disclaimer!

 
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Downloading any text, designs, images, or graphics is prohibited! They are Copyrighted.