Terms

READ VERY CAREFULLY:

This website is operared by Drumoak Limited. You may contact us at:
info@drumoak.net

The use of services from Drumoak Limited [hereafter cited to as "Drumoak"] constitutes agreement to these terms. You may view our Privacy Policy here.

1. Hosting Account Setup and Associated E-Mail
We will establish your account after we have obtained payment and we and/or our payment partner(s) have screened the order(s) in case of fraudulence. It is your duty to supply us with an e-mail address which isn’t @ the domain(s) you’re signing on under. Whenever there is a situation or a requirement to contact you, the supplied e-mail address on record will be used for this function. It is your duty to guarantee the e-mail address on record is current and functional at all times. If you have a domain name registered with Drumoak, it is your duty to guarantee that the contact data for your account and your domain name(s) is accurate and current. Drumoak is not responsible for an elapsed registration attributable out-of-date contact data being linked with the domain. Whenever you want to affirm or alter this data, you must contact our accounts team via e-mail. Providing fake contact data of any form could result in the termination of your account.

2. Domain Transfers
Our team will give every effort to assist you moving your website. However, transfers are offered as a courtesy service, and we can’t give guarantees concerning the availability, possibility, or time involved to complete an account transfer. Each hosting provider is organised differently, and some hosting programs keep information in an incompatible format, which may make it highly problematic if not unachievable to transfer some or all data. As such in a few instances we might be incapable to transfer your data.

The free transfer service is available for 20 days from your sign up date, others will incur a fee. Contact a member of the transfers department for more information. transfers@drumoak.net

3. Hosting Content
All services provided by Drumoak may only be used for lawful purposes and is subject to the laws of England and Wales

The customer agrees to indemnify and hold harmless Drumoak from any claims resulting from the use of our services.

Use of our services to contravene any copyright or trademark is strictly forbidden. Including but not limited to unauthorised replicating of music, books, photos, or any other copyrighted body of work. The tender of sale of any forgery wares from a trademark bearer will result in the prompt termination of your account. Any account observed to be in infringement of copyright will be suspended or removed. Any account ascertained to be in recurring infringement of copyright laws will be suspended and/or removed from our hosting. If you think that your copyright or trademark is being infringed upon, please e-mail abuse@drumoak.net.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

Examples of unacceptable hosted material include:
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

Any account found linking to a 3rd party electronic network or system without authorisation of the 3rd party is subject to temporary removal. Access to networks or systems outside of your absolute control should be with explicit written consent from the 3rd party. Drumoak might, at its prudence, request and call for documentation to establish admittance to a 3rd party electronic network or system is authorised.

Drumoak services, including all associated gear, networks and network devices are offered only for authorised client use. Drumoak systems might be monitored for all legal uses, including to guarantee that usage is authorised, for management of the system, to facilitate security against unauthorised access, and to affirm security processes, survivability, and functional security. During monitoring, data might be analysed, registered, replicated and utilised for authorised functions. Use of Drumoak system(s) constitutes consent to monitoring for these purposes.

We reserve the right to decline service to anybody. Any material that, in our assessment, is indecent, menacing, illegal, or transgresses our terms of service in whatsoever fashion might be removed from our servers (or otherwise disabled), with or without notice.

Failure to reply to e-mail from our abuse department inside 72 hours might result in the suspension or termination of your service(s).

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It’s your duty to assure that scripts/programs installed under your account are secure and permissions of directories are set the right way, irrespective of instalment technique. When possible, set permissions on the majority directories to 755 or as restricting as accomplishable. Users are ultimately accountable for every action taken under their account. Including the compromise of credentials such as user name and password. It is mandatory that you use a secured password. Whenever a weak password is in use, your account might be suspended until you agree to apply a better password.

4. Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.

Any account which results in our IP address space becoming blacklisted will be at once suspended and/or terminated. Drumoak reserves the right to call for alterations or disable as required any internet site, account, database, or other element that doesn’t follow with its established policies, or to make any such adjustments in an emergency at its exclusive discretion. Furthermore Drumoak reserves the right to bill the registered holder of an account utilised to send any unsolicited e-mail a “clean up fee” or any fees incurred for blacklist removal. This cost of the fee is solely at the discretion of Drumoak.

5. Payment Information
a) Website Design & Services Involving Payment Plans
All payments and fees due will be made in full by the stated payment
deadlines agreed in your payment plan. Failure to meet these payment deadlines will result in
interest being incurred upon the late installment amount calculated
at a 30 day rate of 5% of the late installment amount, until this installment
is paid in full, this will be debited to the customers account monthly
in arrears. The daily rate will commence at midnight of the agreed
payment due date and constitutes 24 hour periods from this time. Payment reminders are sent to the email supplied by the client and are provided as a courtesy service and Drumoak cannot be held responsible for failure to make payment and any resulting late payment fees.

Should 3 payment plan payments be late in one payment plan scheme then late fee charges will be calculated at a weekly rate of 5% instead of the previous monthly rate for the remainder of the payment plan period and until full payment is received.

b) Domain Regiatration & Hosting Payments
You agree to provide due payment for the services received from Drumoak, in advance of the period of time during which such services are supplied. You agree that until and unless you apprise Drumoak of your want to cancel any or all services received, those services will be billed on a repeated basis. Including when accounts are suspended.

It is your (the client’s) duty to guarantee that your payment data is current, and that all invoices are paid on time. You agree that until and unless you apprise Drumoak of your want to cancel any or all services received (by the appropriate means listed in the appropiate section of the Terms of Service), those services will be charged on a repeated basis, unless otherwise stated in writing by Drumoak. Drumoak reserves the right to bill your credit card or billing data on record with us. Drumoak offers a 7 day leeway period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a £10 late fee and/or an account suspension until account balance has been paid in full. The £10 late fee is applied in addition to whatever else is owed to Drumoak for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our accounts team via email at accounts@drumoak.net after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Drumoak cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

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.

Drumoak reserves the right to change the monthly payment amount and any other charges at anytime.

6. Hyperlinks
The hyperlink to “Drumoak” will remain intact and fully functional
and unaltered in any way in each instance where it is located throughout
the website.

7. Images
All photos/images, used in your web designs, aside from original artwork have been purchased
directly from Stock Photo sites. Rights will be purchased for your
personal use only. Please read the terms of use at IstockPhoto to
see the conditions for use of your image. We will not be held responsible
for anyone using these images illegally or breaching the agreements.
We highly recommend that you check out Istock Photo’s licensing. Ultimately,
you are completely responsible for which way you choose to display
the images – we strongly suggest you keep within the conditions outlined
in the licensed agreements. Drumoak Limited will, in no way, pay for
any fines or legal costs. The customer agrees to not sell, re-sell
or attempt to sell or re-sell, the design in whole or part(s) of the
design without seeking prior consent of the designer and Drumoak Limited.

8. Backups of Data Storage and Data Loss
Your use of this service is at your single risk. Our backup service is supplied to you as a courtesy. Drumoak isn’t accountable for files and/or information residing on your account. You agree to accept complete responsibility for files and data transferred and to sustain all due backup of files and information stored on Drumoak servers. Backups will not be supplied for accounts that have been frozen or terminated for whatsoever reason unless otherwise agreed to in writing by Drumoak.

9. Cancellations and Refunds
Drumoak reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Cancellations must be done in writing via the cancellation email service (cancellations@drumoak.net). Once we receive your cancellation request and have confirmed all essential data with you via e-mail, we will inform you in writing (typically e-mail) that your account has been canceled. We ask that cancellations of service are made through writing to (a) confirm your identity, (b) confirm in writing you are prepared for all files/e-mails to be removed, and (c) document the request. This method decreases the chance of errors, deceitful requests, and ascertains you are knowledgeable that the data, e-mails, and account may be removed instantly after a cancellation request is actioned.

Any abuse of our staff in any medium or format will result in an instant suspension or termination of your services, the descision of which is at the sole discretion of Drumoak.

Customers may cancel hosting at any time via a the cancellation e-mail. Drumoak gives you an unconditional 60 day money back guarantee on hosting for any customer who paid the first invoice with a credit card or with Paypal.

Bank Transfers and Cheques are non-refundable, as such refunds will only be posted as credit to the owners Drumoak account:

There are no refunds on administrative fees, install fees or domain name purchases and only first-time accounts are eligible for a refund (e.g. if you’ve had an account with us previously, canceled and signed up again, you will not be eligible for a refund).

Violations of any of the Terms of Service will instantly waive the refund policy.

Cancellations may be subject to a fee, this is at the discretion of Drumoak.

10. Resource Usage
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. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• f) Participate in any file-sharing/peer-to-peer activities
• g) Run any gaming servers
• h) Run cron entries with intervals of less than 15 minutes.
• i) When 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”)

b) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

11. Bandwidth Usage
Your bandwith and resource usage is subject to the terms of our fair usage policy. Should your account exceede the allocated amount during a 1 month period we reserve the right to suspend the account until the start of the next month or until more bandwidth is purchased at an additional fee or to terminate the account and/or charge you an additional fee for the overages. Unused bandwitdh transfer in one month cannot be carried over to the next month.

12. Money back Guarantee
Drumoak’s shared hosting packages carry a 60 day unconditional money back guarantee on them. If you are not completely satisfied within the first 60 days of your service, you will be given a full refund of the hosting contract amount. This does not apply to administrative fees, install fees or domain name purchases.

Drumoak will not activate new orders or activate new packages for customers who have an outstanding balance with Drumoak. For a new order to be setup or a new package to be activated, you must have a balance of £0.00 or be in credit, unless otherwise stated by Drumoak in writing.

13. Pricing Structure
The amount you pay for hosting and domain names will never increase from the date of purchase for the length of your contracted period. We reserve the right to alter prices listed on drumoak.net, and the right to increase the quantity of resources dedicated to plans at any time.

14. Promotional Vouchers
Discounts and voucher codes are reserved for first-time accounts. Separate benefits are supplied to existing clients. If you have contracted utilising a particular domain, you can not re-sign up for that same domain using additional voucher(s) at a later time. Any account discovered in infraction of these policies will be surveyed by our accounts department and the appropriate invoices will be added to the account. Voucher abuse will not be allowed and could result in the suspension or termination of an account.

15. Indemnification
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all drumoak.net services and facilities at your own risk. drumoak.net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall drumoak.net be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Drumoak harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Drumoak, 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 Drumoak against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Drumoak; (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 Drumoak’s server.

16. Arbitration
By using any Drumoak services, you agree to submit to binding arbitration. If any disputes or claims arise against Drumoak or its subsidiaries, such disputes will be handled by an arbitrator of Drumoak’s choice. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

17. Disclaimer
Drumoak shall not be responsible for any damages your business may suffer. Drumoak makes no warranties of any kind, expressed or implied for services we provide. Drumoak 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 Drumoak and its employees.

18. Disclosure to Law Enforcement
Drumoak 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.

19. Free Hosting & Registration for 12 months
Your entitlement to 12 months free domain registration and 12 months free hosting is based on your fulfillment of the requirement that you maintain your hosting and registraion with Drumoak for 24 months from your registration date. If you wish to move your hosting elsewhere within this 24 month period you are able to do this, but we would require written notice and a fee will be charged – this fee is at the discretion of Drumoak.

20. Changes to the TOS
Drumoak reserves the right to revise its policies at any time without notice.

21. Website Terms of Useage
Welcome to our website. If you continue to browse and use this website
you are agreeing to comply with and be bound by the following terms
and conditions of use, which together with our privacy policy govern
Drumoak.net’s relationship with you in relation to this website. The
term “Drumoak.net” or “us” or “we” refers to the owner of the website.
The term “you” refers to the user or viewer of our website. The use
of this website is subject to the following terms of use:

The content of the pages of this website is for your general information
and use only. It is subject to change without notice. Neither we nor
any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information
and materials found or offered on this website for any particular
purpose. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any
such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely
at your own risk, for which we shall not be liable. It shall be your
own responsibility to ensure that any products, services or information
available through this website meet your specific requirements. This
website contains material which is owned by or licensed to us. This
material includes, but is not limited to, the design, layout, look,
appearance and graphics. Reproduction is prohibited other than in
accordance with the copyright notice, which forms part of these terms
and conditions. All trademarks reproduced in this website which are
not the property of, or licensed to, the operator are acknowledged
here as the property of the owner or creator, and we in no way are
attempting to pass off other’s intellectual property as our own. Unauthorised
use of this website may give rise to a claim for damages and/or be
a criminal offence. From time to time this website may also include
links to other websites. These links are provided for your convenience
to provide further information. They do not signify that we endorse
the website(s). We have no responsibility for the content of the linked
website(s). We research every site carefully before including them
to the site but cannot guarantee the reliability or accuracy of our
content. We are not responsible for any of the Web sites that we link
to. As such, IN NO EVENT WILL Drumoak.net BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE,
OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Drumoak.net OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
Drumoak.net LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW. We will not be held liable for any damages or losses
that may arise from the use of information contained here at Drumoak.net.
We are not responsible in any way for any goods or services, that
you purchase, trial, or signup for, or agreements you enter into through
the offers presented to you by us through our website or mailing list
or any other form of correspondence from us.You will not be credited
any funds under any circumstances for any offer of any kind that is
run by a company other than us. Your use of this website and any dispute
arising out of such use of the website is subject to the laws of England
and Wales.

YOU UNDERSTAND THAT BY ENTERING YOUR NAME AND
EMAIL ADDRESS ON THE ENTRY PAGE THAT YOU ARE SUBSCRIBING TO A FREE,
NO OBLIGATION EMAIL NEWSLETTER. THIS NEWSLETTER IS OFFERED AS A FREE
SERVICE BY Drumoak.net, AND NO PURCHASE IS NECESSARY. by signing up
you confirm that you agree to the following terms: ON OCCASION, SUBSCRIBERS
HAVE HAD TROUBLE REMOVING THEMSELVES FROM THIS FREE NEWSLETTER. IF
YOU HAVE TROUBLE SUBSCRIBING OR REMOVING, YOU MAY CONTACT US AT info@Drumoak.net
FOR PERSONAL ATTENTION. BY ENTERING THIS WEBSITE, YOU AGREE THAT YOU
WISH TO BE SUBSCRIBED TO THIS NEWSLETTER, AND THAT YOU WILL MAKE NO
THREATS, AND TAKE NO ADDITIONAL ACTION AGAINST drumoak OR Drumoak.net
IN THE EVENT YOU ARE UNHAPPY THAT YOU SUBSCRIBED OR ARE NOT ABLE TO
REMOVE YOURSELF FROM THIS FREE MAILING LIST, AND YOU AGREE THAT THE
SMALL INCONVENIENCE OF RECEIVING THIS UNWANTED NEWSLETTER WILL CAUSE
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FIRST NAME AND EMAIL ADDRESS ON OUR WEBSITE. IF YOU DO NOT WISH TO
RECEIVE OUR NEWSLETTER, SIMPLY CLICK ON THE UNSUBSCRIBE LINK AT THE
BOTTOM OF THE NEWSLETTER. IF YOU NEED FURTHER ASSISTANCE, PLEASE CONTACT
US AT info@Drumoak.net OR WRITE TO US AT: Drumoak House, York Crescent,
Babbacombe, Torquay, TQ1 3SH

Any rights not expressly granted herein are reserved.