Drivenhost Terms Of Services

Customers may view the most current version of this policy at http://www.drivenhost.com/tos/index.php
 
Customers using any services offered by DrivenHost, Inc. consent to be bound by and must comply with all policies in this TOS. At the sole discretion of DrivenHost, Inc. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
 
General Provisions
In consideration for DrivenHost, Inc. maintaining one or more accounts (each "Account"), you agree to the following terms of service.
 
Definitions
 
1. "We" "Us" or "Provider" or "DrivenHost." DrivenHost, Inc.
 
2. Drivenhost is a registered trade name of DrivenHost, Inc. - An Los Angeles Corporation
 
3. "You" "Your" "Client" "Customer" or "Member"
    Each person or entity who applies for internet service or is a designate of any one who applies   
    for internet service.
 
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, this the Service may not be available to you at all times. However, DrivenHost offers a 99.9& uptime guarantee. This is valid for only the connection. DrivenHost will pursue all resources and channels available to maintain maximum uptime; however, DrivenHost is not responsible for any down time caused by client error.
 
DrivenHost MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABLE OR FITNESS FOR A PARTICULAR USE) provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of DrivenHost, even if DrivenHost has been advised to the possibility of such damages.
 
Services provided by DrivenHost
DrivenHost will provide Internet server rental ("the service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows DrivenHost members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. DrivenHost members will use the provided services in a manner consistent with any and all applicable laws of the Province of Los Angeles and the American Federal Law. DrivenHost provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. DrivenHost reserves the right to refuse customers from utilization of its services, without notification. If any of the below activities are committed, DrivenHost can terminate client's account without notification.
 
a.  Client Content: Client agrees that WebPages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailing, newsgroup spamming, child pornography or links to such sites, cgu/php proxy scripts, copyrighted MP3, storing personal backups and/or Cpanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. DrivenHost will be the sole and final arbiter as to what constitutes a violation of this policy. DrivenHost reserves the right to investigate and terminate the clients subscription to the service.
 
 
 
b.   Bandwidth Usage: DrivenHost offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. there is a daily transfer cap of total bandwidth divided by the number of days in the current month, your account will be suspended until you upgrade or pay additional service fee of $3.50 per GB, warning e-mails are sent out before your account reaches the maximum.
 
 
 
c.    Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 120 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. DrivenHost will be the sole and final arbiter as to what constitutes a violation of this policy. DrivenHost does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.

 

d.    No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a DrivenHost server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the DrivenHost network but is sent from an e-mail address not associated with that DrivenHost account. Client shall not use their DrivenHost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. DrivenHost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.

 

e.    False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact DrivenHost concerning unethical, false or unlawful activities by you, DrivenHost reserve the right to terminate your service without notice.

 
 

f.     Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
 
 

 
g.    Back-Up Files: DrivenHost does utilize the ability to provide every account with Daily Backups if stated within the service which the account holder has purchased. These backups are only available upon special emergency request. DrivenHost provides the tools needed to create back ups of account data on the customers behalf. It is the responsibility of the customer to keep up-to-date archives of their backed up data. DrivenHost is not responsible for any data which is lost, and in no way is liable for the data backups which it holds.
 
 
 
Payment, Renewal, Cancellations
 
a.     Payment Obligations: Full payment is required in advance before hosting service is established. DrivenHost sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that DrivenHost may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. Customers that elect to pay via Credit Card will be billed automatically on the date of renewal. If payment was not received by the due-date, your account will be suspended and possibly sent to collections. If your account is subject to a overdue invoice your account will be suspended and given a 3-5 day grace period while our billing system attempts to contact you. A period of 5 days is given to all shared/reseller/vps clients. Dedicated clients are given a 3 day grace period. Shortened time period for dedicated servers are required due to a demand by our Datacenter. DrivenHost acts as a Private Label Reseller. DrivenHost is not responsible for the actions of the DataCenter due to late payments. To have your account re-established, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks. All fees mentioned are in US funds. Re-establishment of dedicated servers is currently not offered due to the fact that DrivenHost is a Private Label Reseller of the servers and DrivenHost does not own the servers.

 
b.    Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to DrivenHost thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

 
c.     Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, DrivenHost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for shared/reseller pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer service 30 days before renewal date and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Customers wishing to switch their FREE domain to another registrar is subject to a $20 domain release fee. Refunds are never available for domain registrations, control panel licenses (cPanel, Plesk, etc) setup fees, VPS or Dedicated servers. Cancellation or refund attempts without informing us will be disputed to the best our ability and will not be tolerated.

 
99.9% Service Level Agreement "SLA"
DrivenHost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. DrivenHost will try to maintain maximum uptime. DrivenHost is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee
DrivenHost offers an unconditional 30-day money back guarantee that covers cancellations of an web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations, setup fees & VPS and dedicated server fees are also non-refundable. Any questions regarding the 30-day money back guarantee should be forwarded to sales@DrivenHost.com.