The following terms and conditions (these "Terms") govern the provision by drServer ("drServer.net") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the "Service Descriptions") and defined in any of the Companies product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."
1.) Account Setup / Email and Phone Number on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. A valid phone number is required for order setup, as a call is placed for order verification. In addition, it is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and/or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it may be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Account Content
All services provided by drServer.net may only be used for lawful practices, and purposes. The laws applied are of the State of Florida, and the United States of America.
Every customer agrees to indemnify and hold harmless drServer.net from any claims resulting from the use of our services. In addition, the use of our services to infringe upon any copyright or trademark is adamantly prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted material. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required. Examples of unacceptable material on Shared, Reseller, VPS, Backup Storage, and Domain services are listed in AUP. For more informations please check http://drserver.net/aup.html
We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
To generate passwords please login into cPanel and use the generator.
4.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usernet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
drServer.net reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
drServer.net reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of drServer.net. The clean up fee will contain fee from damages to the servers, the process of cleaning the Spam up, and then a fee for all other costs associated at are discretion. A Mandatory fee will be a $500.00 USD fee charge due to the Spam on drServer.net Networks.
5.) Payment Information
You agree to supply appropriate payment for the services received from drServer.net, in advance of the time period during which such services are provided. You agree that until and unless you notify drServer.net of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in via the cancellation form provided in the client area. To get to this area please follow these directions: Client Area > My Hosting Packages > View Details > Request Cancellation. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of drServer.net, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. drServer.net provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact email@example.com
drServer.net reserves the right to change the monthly payment amount and any other charges at any time. Current drServer.net clients will never pay more for a monthly service than at the time of sign up. This is void when signing up under a Promotion.
6.) Backups and Data Loss
Your use of the service is at your sole risk. drServer.net is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on drServer.net servers.
7.) Cancellations and Refunds
drServer.net reserves the right to cancel any account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation request. drServer.net gives you an unconditional 90 day money back guarantee on managed shared, reseller, and backup storage hosting solution's. VPS along with OnAPP Cloud services carry a 30 day Monday back guarantee. There are no refunds on dedicated servers, administrative fees, install fees for custom software, domain name purchases, SSL Certificated, or Web Design. Refund requests after the initial 90 days will not be refunded.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
7a.) Monthly, Quarterly, Semi-Annually, and Annually payment plans
Monthly, Quarterly, Semi-Annually, and Annually Payment plans are only refundable on or before the 30th day of service. Monthly, Quarterly, Semi-Annually, and Annually Payment plans are NOT refundable after the 30th day of service. When paying through PayPal or 2Checkout, refunds will only contain the amount received to us after PayPal/2Checkout fees are deducted from the payment.
7b.) Account Credit Balance/drServer.net Credit
drServer.net Credit also known as Account Credit Balance is not, and will not be refunded under any circumstances. Please take full responsibility when adding credit to your account. Please also realize that the amount added to your account will be the amount drServer.net receives after PayPal and 2 Checkout fees have been deducted.
7c.) Violations of the Terms of Service will waive/void the refund policy.
8.) Resource Usage
Any user may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutesWhen using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a web page, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
User may use 100% CPU in any given time for any duration on AbusiveCores Plans.
9.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
10.) Money back Guarantee
drServer.net's managed Shared, Reseller, and Backup Storage hosting servers carry a 90 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 90 days of your service, you will be given a full refund of the contract amount. Remember, this does not apply to administrative fees, install fees for custom software, SSL certificates, or domain name purchases. Special Promotions may/may not apply to the 90 unconditional money back guarantee; if purchasing a promotion please read the Terms of Servers (TOS) in the promotion and/or ad.
In addition, all clients who have received a free domain and/or SSL certificate through us will have the full price of the item deducted from the refund. However, a client can request a domain control panel or the EPP code.
10a.) Uptime Guarantee
If your hosting server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of drServer.net dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email or ticket.
11.) Specific Rules For Hosting Accounts
11a.) Shared Web Hosting Accounts
All Shared Hosting accounts may not resell web hosting to other people. You will need a Reseller Hosting Plan.
11b.) Reseller Web Hosting Accounts
All Reseller accounts must hold a status of one billing period (30 days) and/or 2 paid invoices to qualify for the free SSL certificate.
11c.) Dedicated Servers
The users of dedicated servers are not allowed to flash firmware themselves on them. This shall only be performed by drServer staff.
12.) Transfers/Account Migrations
Our transfer team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
drServer.net strictly prohibits the use, and access of SSH Shell/JailedShell access to all Shared, Reseller, and Backup Storage clients/services. If Shell access is needed, services must be upgraded to one of the following: OnDemand VPS, OnAPP Cloud, or Dedicated Server. This is in place to protect all users on the system security, and keep the overall integrity of the server controlled.
14.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on drserver.net, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold drServer.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against drServer.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless drServer.net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with drServer.net; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from drServer.net's server.
By using any drServer.net services, you agree to binding arbitration. If any disputes or claims arise against drServer.net or its subsidiaries, such disputes will be handled by an arbitrator of drServer.net's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
drServer.net shall not be responsible for any damages your business may suffer. drServer.net makes no warranties of any kind, expressed or implied for services we provide. drServer.net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by drServer.net and its employees.
17.) Disclosure to law enforcement
drServer.net may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
drServer.net reserves the right to revise its policies at any time without notice.