Terms of Service for Web Hosting

 

Terms of Service

Dragon Computer Services provides web hosting to clients nationwide via a third party hosting service, and we have a responsibility to protect each client and to provide the best services available. All clients of Dragon Computer Services are subject to the following terms of service:

Billing

At this time we bill either bi-annually or annually (6 months or a year). If you are not satisfied within your first 30 days we would be happy to provide you with a full refund. We accept Visa and Master Card. We also accept checks and money orders. Please note that we will setup your account and email your login information upon receipt of payment.

For future billing, Dragon Computer Services will send you a bill via email notifying you of the amount due. At that time, we will automatically debit your credit card for the amount due. If you paid originally by check, we will provide you with the address where payment needs to be sent. Should you desire to update your credit card information please e-mail us at .

Delinquent Accounts: Your email billing will notify you of the due date for your payment. If payment is not received by that due date, we will suspend your account. We will then notify you of this via email. If we still do not hear from you within two weeks we will automatically delete your account from our servers.

If you know that you are going on vacation (or will be away for an extended period of time) and a billing cycle is approaching you need to notify us in order to make other payment arrangements or pay ahead of time. We will work with you, but we must be notified or else you risk losing your account. With as many accounts as we have, we would rather spend time helping clients with hosting issues or adding new features to our services than chasing payments. So, please, make every effort to submit payments in a timely manner.

Bounced Checks: Should your check payment bounce, you will be charged a fee of $25 in addition to your already existing balance.

Account Cancellations: When you need to cancel an account, please email and our billing representative will be in touch with you about reimbursement, if it is applicable to your situation.

Dragon Computer Services will send you an email reminder one month prior to your hosting account renewal date. Should you decide to stay with Dragon Computer Services for hosting, simply do nothing and we will continue to bill you as normal. If you would like to cancel, please reply to our email and let us know that you would like to cancel. Should you decide to cancel your hosting account after we have debited your credit card for the next billing cycle there will be a penalty fee of one month's hosting service deducted from your refund. There are no exceptions.

Content Restrictions:

All services provided by Dragon Computer Services 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 harmless Dragon Computer Services and its employees from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography is prohibited on all Dragon Computer Services hosted sites. This includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Dragon Computer Services reserves the right to determine what is and what isn't acceptable for our hosting.

Any illegal MP3 archives, downloads and streaming is strictly prohibited in any shape or form. Dragon Computer Services will not allow users to store, offer downloads or streaming of illegal mp3s or those audio files violating copyright law. This would also apply to video files. We do allow audio or video files that are covered by copyright law to be store, downloaded or streamed from our servers. Any site found to be doing so will be removed immediately from our servers without notice and refund, even if it is within the initial 30-day trial period.

Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Dragon Computer Services servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

- Pirated software - Hacker programs or archives - Warez sites

Dragon Computer Services will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it.

Transfer (Bandwidth):

Each account is allowed a certain amount of bandwidth (please see our hosting plans page under Traffic to see the amount allowed for your plan). Should a client exceed it's limit, there is an excess charge of $10/GB over that amount. It should be noted that we have not yet had an instance where a client has been billed for extra transfers. Most of our clients don't even come close to their limit per month. Please let us know if you have any questions about this and we would be glad to assist you.

Commercial Advertising - Email:

Dragon Computer Services does not allow spam mail through any of its hosting servers. If you plan on using your account for unsolicited, bulk emailing please stop right here and do not sign up for an account with us. Should we discover that you are sending spam through our servers or sending spam that references pages on our servers, your account will be immediately deleted without notice and no refund of any kind will be made even if you are within your 30-day trial period.

Spamming, or the sending of unsolicited email, from an Dragon Computer Services hosting server or using an email address or domain that is maintained on an Dragon Computer Services hosting server as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. Dragon Computer Services will be the sole arbiter as to what constitutes a violation of this provision.

Background Running Programs:

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse:

Any violation will result in immediate deletion of a site from our servers without notice and refund of any fees paid in advance.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:

Dragon Computer Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Dragon Computer Services servers going off-line or being unavailable for any reason whatsoever. Furthermore, Dragon Computer Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Dragon Computer Services hosting servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to

All complaints will be investigated promptly.

Money Back Guarantee:

Dragon Computer Services is pleased to offer a money-back guarantee should you become unsatisfied within 30 days of your account activation. We do not refund InterNIC registration fees. Furthermore, Dragon Computer Services will not and can not be responsible for any fees that you charge for your services to your customers. Dragon Computer Services will only grant a refund after the first 30 days if we are at fault for not providing you with the services promised on our hosting page. General dissatisfaction with our services is not acceptable for a refund after the initial 30-day trial period has expired. We will only grant you a refund if we have exhausted every possible opportunity to remedy any problem you may be having with our services.

Please Note: We only issue refunds via check.

DISCLAIMER:

Dragon Computer Services cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Dragon Computer Services are resold. Thus, certain equipment, routing, software, and programming used by Dragon Computer Services are not directly owned or written by Dragon Computer Services. Moreover, Dragon Computer Services holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Dragon Computer Services sees fit.

ACCOUNT ACTIVATION:

By signing up for any of the services offered by Dragon Computer Services, client agrees to hold Dragon Computer Services and any and all of its officers, directors, stockholders and employees safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by Dragon Computer Services. The transfer of a domain owned by a client to a server utilized by Dragon Computer Services or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by Dragon Computer Services by client regardless of whether or not client has paid for said services at any given time.

FURTHERMORE, Dragon Computer Services retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

 

 

 

Privacy Statement <> Terms & Conditions

Copyright 1999 Dragon Computer Services. All rights reserved.  Revised: June 30, 2008
Established April, 1999