Terms of Service
DRC Hosting (Dynamic Results Consulting LLC), hereinafter referred to as DRC,
is a provider of Internet website hosting and associated services. DRC acts as
a neutral provider of hosting services to its customers (also known as
subscribers).
A subscriber's use of DRC's services constitutes the subscriber's acceptance of
all DRC policies, including but not limited to, its Terms of Service,
Acceptable Use Policy and Privacy Statement. DRC reserves the right to revise
its policies at any time without notice. A subscriber's use of DRC services
subsequent to policy changes posted on DRC's web site, www.drchosting.com,
constitutes the subscriber's acceptance of any additional or modified terms
that result from those changes.
Subscribers sending unsolicited e-mail (spam) will have their accounts
suspended immediately without reasoning, even if the e-mail was not sent using DRC's
servers but was in any way related to the content housed on DRC's servers.
DRC reserves the right to immediately cancel any subscriber's hosting account
at any time and without notice if it causes harm or poses a threat to DRC's
network, servers, company, subscribers or customers of its subscribers
including their respective reputation, integrity, and security. Sites of inappropriate
nature or that utilize spamming will not be tolerated. DRC cannot be held
responsible for the content of any files on our network.
DRC will not be responsible for any damages that its subscribers, their
businesses, customers or any other parties may suffer. DRC makes no warranties
of any kind, expressed or implied for the services it provides.
The subscriber hereby agrees to pay DRC on a recurring basis in accordance
with:
- The
payment method, including but not limited to, credit card, Electronic
Funds Transfer (EFT), check, money order, bank draft or wire transfer,
chosen.
- The
fee schedule associated with the recurring term cycle (payment schedule),
including but not limited to, monthly, quarterly, semi-annual or annual,
and the hosting
plan chosen.
Furthermore, DRC retains the right to monitor
the usage of the various computing resources provided with the subscriber's hosting plan. In
the event that a subscriber has exceeded the quotas for any of the resources
applicable to the selected hosting plan, the
subscriber agrees to pay DRC according to its standard resource usage overage
rates. This also applies during any initial free trial period provided by DRC.
The quota for bandwidth resource usage for an individual subscriber is
effectively that of their single web hosting account with the greatest quota,
rather than the sum of the bandwidth of all accounts belonging to the
subscriber.
Standard recurring subscription fees are collected at the beginning of each
recurring term cycle. Fees for additional usage of computing resources beyond
those provided with the subscriber's hosting plan are
collected at the beginning of the next recurring term cycle or sooner if the
additional usage grows to a size that, at DRC's discretion, warrants earlier collection.
DRC reserves the right to conduct "credit checks" and carry out other
measures to verify the legitimacy and credit of its subscribers and the payment
method(s) that they supply. In the case of subscribers paying by credit card, DRC
Hosting may conduct a "pre-authorization" whenever new credit card
information is supplied. This "pre-authorization" is typically in the
amount of the subscription fees for the entire term chosen by the subscriber.
Although it does not represent a real charge to the subscriber's credit card,
it may appear on the credit card statement for several days, or longer, at the
discretion of the credit card company.
Subscribers using the Electronic Funds Transfer (EFT) payment method hereby
warrant and guarantee that all persons whose signatures are required to sign on
their bank account(s) have read and agree in full to DRC's Pre-Authorized
Payment Authorization - Terms and Conditions.
Reselling of services provided by DRC to third parties is prohibited with any hosting
plan other than a Reseller or Affiliate Package.
DRC provides its subscribers with the option of electing to pay a lower
subscription fee in exchange for agreement to a longer term for the engagement
of DRC services. This longer term is typically, but not necessarily, one year,
six months or three months in duration. All subscription fees are recurring
and, unless the subscriber cancels the service agreement (given successful
completion of the appropriate cancellation and confirmation procedures outlined
below) prior to the completion of the recurring term cycle will automatically
renew and the subscriber will be re-billed for the upcoming term according to DRC's
fee schedule in place at the time of renewal. If the subscriber changes the
selected hosting plan prior to the completion of the recurring term cycle, the
new fee schedule will not take effect until the completion of this term cycle.
Subscribers agreeing to a term longer than one month and whom cancel their
services (given successful completion of the appropriate cancellation and
confirmation procedures outlined below) prior to the completion of the
recurring term cycle agree to pay a termination fee to DRC equal to: [ 30% of
the basic monthly subscription fee schedule - assuming no fees for additional usage
of computing resources beyond those provided with the subscriber's hosting plan
- effective at the time of initiation of the term cycle ] multiplied by [ the
number of whole months remaining in the term cycle following the completion of
the cancellation and confirmation procedures outlined below ]. For example, a
subscriber who agrees to a term of one year, and desires to cancel his/her
services eight months into that term cycle, will pay a termination fee of 30%
of the equivalent of four month's basic service at the selected package fee
structure effective when the term began.
Subscribers canceling their services part-way through a one-month segment of
their recurring term cycle are not eligible for a prorated refund for the
remainder of the given month. Similarly, subscribers on a monthly recurring
term cycle are not eligible for a refund upon cancellation of service.
Subscribers who take advantage of special promotions conditional upon a
particular recurring term are excluded from this termination fee structure, and
are not eligible for a refund upon cancellation. This does not apply to DRC's
standard offers of "One Free Trial Month with No Commitment" and
standard advertised reduced subscription fees for terms longer than one month.
Subscribers who reengage their service agreement with DRC following
cancellation and payment of termination fees are eligible to have the
termination fees credited back in full to their account.
DRC requires that all requests for cancellation of services be made in the form
of a written request (paper or electronic) to our Sales or Support Department.
In order to protect its subscribers against identity theft, DRC also requires
that all cancellation requests be confirmed. Upon an initial cancellation
request, the DRC Sales or Support Department will reply with a request to
confirm the initial request and a short quality assurance questionnaire. The
subscriber hereby agrees that a request for cancellation of services will not
be deemed effective until such time as these procedures, including
confirmation, are completed, and that a termination fee may apply, as outlined
above.
Finally, DRC wishes to emphasize that in using any DRC service, subscribers
indemnify DRC for any violation of the service agreement, law, or DRC policy
that results in loss to DRC or the bringing of any claim against DRC by any
third-party. This means that if DRC is sued because of a subscriber's or
customer of a subscriber's activity, the subscriber will pay any damages
awarded against DRC, plus costs and reasonable attorneys' fees.
