This Services Agreement (the "Agreement") contains the complete terms
and conditions which govern your subscription of Web hosting, e-Commerce
and other Internet-related services provided by Drag Web Solutions, (the
"Services"). As used in this Agreement, "DragWeb”, “We”, "Dragweb.net"
means Drag Web Solutions, and "Client", "you", or "your" means you. By
clicking on the "Submit Order" button, you acknowledge that you have
read the Agreement, and you agree to its terms and conditions and all
policies posted on the DragWeb site.
This Agreement and DragWeb’s policies are subject to change by
DragWeb without notice.
Continued usage of the Services after a change to this Agreement by
DragWeb or after a new policy is implemented and posted on the
DragWeb.net Site constitutes your acceptance of such change or policy.
We encourage you to regularly check the DragWeb.net Site for any changes
or additions.
1. APPROPRIATE USE OF THE SERVICES:
DragWeb 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.
* Client Content
Client agrees that it will not distribute, electronically transmit or
display any materials supplied by Client - or through Client by a third
party - to any DragWeb.net server in connection with Client's use of the
Services which:
Violate any local, state, federal or foreign laws or regulations;
o Infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of DragWeb or any third
party;
o are threatening or harassing;
o are discriminatory based on gender, race, age or promotes hate;
o Violate any DragWeb policy posted on the DragWeb Site including, but
not limited to, our SPAM Policy.
o Contain viruses or other computer programming defects which result in
damage to DragWeb or any third party;
o Contain nudity, pornography, anything of a sexual.
* Bandwidth
Client may occupy only the amount of disk space on the DragWeb Server
and utilize no more than the network bandwidth that is allotted by
DragWeb. Additional fees, specified in the Web Hosting plans page, will
be charged for exceeding the disk space and/or network bandwidth
allowance of your selected plan.
* No "SPAM"
DragWeb employ and strictly enforce a ZERO-TOLERANCE, NO-SPAM policy.
Client shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person who has not
given specific permission to be included in such a process. Client also
shall not engage in any unsolicited email practices at DragWeb, or
otherwise, that mentions or reference any domain hosted on DragWeb
servers or parked on DragWeb DNS servers.
* Banned Scripts.
We do not allow the use of the following scripts on our servers:
UltimateBBS
IkonBoard
CGI/Perl version of YABB
Proxy scripts
IRC scripts
Anonymizer
phpShell and similar command execution scripts
FormMail (versions prior to 1.91)
* Back-Up Files
Client will have the ability to backup and reinstate files using the
CPanel Control Panel Backup utility; however, DragWeb does not guarantee
the existence, accuracy, or regularity of its backup services and,
therefore, Client is responsible for making back-up files in connection
with its use of the Services.
* Termination
DragWeb reserves the right to refuse service to anyone. DragWeb, in
its sole discretion, may immediately terminate this Agreement if Client
engages in any of the foregoing. To report any unacceptable behavior by
a third party using the Services, please contact abuse@DragWeb.net.
2. Third (3rd) Party Application Limitation
DragWeb is not providing any support for all the third party
application included in our services. The samples of this are the
applications / programs within Fantastico. We recommend you
to use the public help provided by each application on their websites.
3. PAYMENT OBLIGATIONS:
Where an invoice is delivered to Client either by postal mail or
electronic mail (e-mail), Client shall remit payment to DragWeb by no
later than 7 days after the specified payment due date. DragWeb shall be
entitled to immediately terminate this Agreement or temporarily deny
service for Client's failure to make timely payments to DragWeb.
4. REFUNDS AND DISPUTE:
* Money Back Guarantee
Our hosting plans come with a 30-day money back guarantee for new
clients only. You will receive a full refund excluding the domain name
registration fee. This term only applies if you cancel your account
within 30 days of its activation. The 30-day money back guarantee does
not apply and will not be issued if more than 50% of allocated data
transfer has already been used on the web hosting account. After the 30
day introduction period, no refunds will be issued for account
cancellations on a monthly and annual payment scheme. This money back
guarantee does not apply to domain name registrations or if the client
breached these terms and conditions prior to cancellation.
* Account and Billing Disputes
All overcharges or billing disputes must be reported within 60 days
of the time the dispute occurred.
5. TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall continue
in effect on a month-to-month basis unless otherwise specified by
separate agreement (the "Term"). Either party will have the right to
terminate this Agreement upon notice to the other party. All
cancellation requests must be received by the end of the respective
month of cancellation. A set reconnection fee of Php 800 shall be
charged by DragWeb for disconnected account. Further, all outstanding
amounts due from the customer shall all be demanded prior to
reconnection. DragWeb shall effect reconnection one (1) to two (2)
working day upon settlement of subjects’ amounts.
6. DISCLAIMER OF WARRANTY:
The services, the DragWeb site, including without limitation, all
products and services displayed or offered on the DragWeb site, and all
text, graphics, links and applications are provided to client on an 'AS
IS' basis and without warranty of any kind. DragWeb disclaims all
warranties, express or implied, with respect to each of the foregoing,
without limitation, any warranty of merchantability, fitness for a
particular purpose, non-infringement or arising from a course of
dealing. Without limiting the generality of the foregoing, DragWeb
specifically disclaims any warranty that (1) The services will be
uninterrupted or error-free; (2) Defects will be corrected; (3) There
are no viruses or other harmful components; and (4) The security methods
employed will be sufficient.
7. LIMITATION OF LIABILITY:
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period damages
occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
8. MODIFICATION:
DragWeb reserves the right to add, delete, or modify these Terms and
Conditions, our hosting packages, prices and website at any time with
notice provided via WWW and announcements in our forum and/or customer
control panel(s). All customers are encouraged to check this document at
least once a month to ensure they are aware of any changes.
Updated last: January 31, 2008
