|
|
 |
|
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 protect each of our clients and 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
------------------------------
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
------------------------------
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
------------------------------
The Old Drawin' Board does not allow clients to install their
own chat rooms.
BACKGROUND RUNNING PROGRAMS
------------------------------
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
------------------------------
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
------------------------------
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
------------------------------
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
------------------------------
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
------------------------------
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.
NET ABUSE
------------------------------
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
------------------------------
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.
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
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. |
|
|
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 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! |
|
|
|
|
[Home][Website
Services][Graphics][Portfolio][Referral
Program][Site
Ring][Contact Us][Terms of
Services]
|
|
Website and graphics designed
by
The Old Drawin' Board ©
2011 ~ All Rights
Reserved
Downloading any text, designs, images, or graphics is prohibited! They are Copyrighted. |
|
|
|