We offer high-performance server hosting at entry-level prices. Our plans include Linux VPS, Sneaker Servers, Dedicated Servers & turnkey solutions.
This legally binding contract (the “Agreement”) is by and between Dracula Servers, and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase hosting services from Dracula Servers. This Agreement sets forth the terms and conditions of Your use of Dracula Servers’s hosting services (collectively, the “Services”) and represents the entire agreement between You and Dracula Servers relating to the Services. This Agreement contains provisions that set forth Dracula Servers’s Acceptable Use Policy and guarantees of a certain service level (found in the “Uptime Guarantee” section below).
By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Dracula Servers may establish and post on its website from time to time.
Dracula Servers provides the Services to its customers for a recurring fee. The hosting services provided by Dracula Servers include, but are not limited to, virtual servers, dedicated servers, colocation, DDoS mitigation, and more. Dracula Servers will provide You access to one or more of its hosting services, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Dracula Servers reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Dracula Servers shall use reasonable efforts to notify You in advance of any planned changes to Dracula Servers’s network or facilities that may adversely affect the Services provided under this Agreement.
Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations, and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Dracula Servers in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.
Fees for Services are exclusive of applicable sales or use taxes, which shall be paid by You. You are fully responsible for any taxes that may be due, including sales, use, and property taxes.
Dracula Servers provides several options for payment:
PayPal payments, Credit Card payments via Stripe and payments via Cryptocurrency. In the event a payment is returned, Dracula Servers will charge a fee of $35.00 or, if less, legal limit in Your state or country. You are responsible for payment of all bounced payment fees. In the event Your invoice is past due (from the invoice Due Date) then Dracula Servers reserves the right to suspend service or terminate service. You agree that Dracula Servers is not responsible for any data loss due to service suspension or termination.
Dracula Servers reserves the right to charge a late fee of 10% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
In the event you fail to pay your invoice before or on the due date, we reserve the right to suspend your service or terminate your service entirely and reformat your server.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
“Overage” is defined as usage of the Services provided by Dracula Servers to You in excess of the allocated limitation. Overages are charged for Disk Space, Bandwidth, Backup, and Professional Services (administrative time) used in excess of the amount allocated to Your account.
You agree to pay the then-current Overage fees and charges for the Dracula Servers services, including backup and bandwidth Overage fees, upon receipt of an invoice. Usage information is available by submitting a support ticket.
You agree to a month to month term for the Services unless otherwise agreed to in writing. If a specific term is noted on an order or invoice, then that term will be in effect for the related service. The term for services is automatically renewed for additional periods of the same length unless either party notifies the other in writing of its desire that the Service not be renewed, no later than three (3) days before the next upcoming anniversary date for billing. You may close Your account and terminate this Agreement by contacting the Dracula Servers billing department in writing if you have no unpaid amounts due to Dracula Servers and at least ninety (90) days have passed without any active Service.
Dracula Servers may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Dracula Servers shall have no obligation to refund any fees paid in advance by You.
At this time, Dracula Servers does not offer a refund-based money back guarantee of any kind.
Dracula Servers is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please login to the Dracula Servers billing control panel, go to “Services”, select the product, and click on “Request Cancellation”. Please note that if you have any open invoices, the invoices must be more than three (3) days from being due to be cancelled. If you cancel in the three day period from when your invoice is due, the invoice will not be cancelled and you will be held responsible for paying it. When you request cancellation, we will follow this process: we will immediately suspend billing and cancel the server. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, Dracula Servers will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.
If a Service has a term that is longer than one month and You submit a cancellation request, then all amounts owed for the entire term are immediately due. For example, if there are 10 months remaining in the term and You cancel the Service, then you must pay for the remaining 10 months of Service immediately.
Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Under this Terms of Service agreement, you must first contact Dracula Servers to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Dracula Servers before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
From time to time, Dracula Servers may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first months service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
From time to time, Dracula Servers may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: “Three Months Free Load Balancing Service”) require You, the Client, to contact Dracula Servers prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Client, agree to pay, in full, the full monthly rate, unless You cancel in advance.
Any abuse towards any Dracula Servers employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to Dracula Servers. Any cursing, yelling, or further intentional disruptive behavior aimed at Dracula Servers or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in writing, via e-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards Dracula Servers or any of Dracula Servers’s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
No refunds shall be given when the above Tortuous Conduct clause is in violation and results in the termination of an account or services.
You agree that the terms of this agreement and all information furnished to You by Dracula Servers, including maps, pricing, financial terms, network routes, design information, methodologies, specifications, locations or other information to which You have access under this Agreement, are deemed the confidential and proprietary information or trade secrets (collectively referred to as “Proprietary Information”) of Dracula Servers and will remain the sole and exclusive property of Dracula Servers. You shall treat the Proprietary Information that You know or reasonably should know to be confidential to Dracula Servers and the contents of this Agreement in a confidential manner and, except to the extent necessary in connection with the performance of Your obligations under this Agreement, You may not directly or indirectly disclose the same to anyone other than Your employees on a need to know basis and who agree to be bound by this term and condition, without the written consent of Dracula Servers. Information will not be deemed Proprietary Information if it (i) becomes publicly available other than through the actions of You; or (ii) is independently developed by You; or (iii) becomes available to You without restriction from a third party. If You are required by a governmental or judicial law, order, rule, regulation or permit to disclose Proprietary Information, You must give prompt notice to Dracula Servers to minimize such disclosure and disclosure after such notice shall not be a breach thereof.
You agree and understand that Dracula Servers may publish your contact information in a directory service that the public may query to determine who is in use of an IP address or domain name. Your contact information may also be provided to third parties for abuse reports or other similar inquiries.
You agree and understand that You are responsible for any and all software licensing, including, but not limited to, Microsoft licensing requirements and cPanel licensing requirements.
You hereby grant to Dracula Servers a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by You to the servers. Dracula Servers shall have the right, but not the obligation, to make backup copies of the data uploaded by You to Dracula Servers servers. You are responsible for any of your content residing on Dracula Servers’s servers and for the backup thereof.
At all times, You bear full risk of loss of any content and software you place on the servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the service or any of the content displayed, linked, transmitted through or stored on the service.
Dracula Servers does not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Dracula Servers’s ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; and (iii) ensure the security, confidentiality, and integrity of Your content transmitted through or stored on the Dracula Servers servers or network. Dracula Servers shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
“Uptime” refers to the amount of time the Services are available, as measured solely and only by Dracula Servers’s internal monitoring systems. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by Dracula Servers’s internal monitoring systems. Dracula Servers guarantees that it’s Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, Dracula Servers will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to Dracula Servers for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.
To receive a credit, You must make a request by sending an email message to support@draculaservers.com Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the service or services which experienced the Downtime. The request must be received by Dracula Servers within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Dracula Servers, credit will be applied to Your Dracula Servers account within thirty (30) days of receipt of Your credit request.
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by Dracula Servers and are Your sole and exclusive remedy with respect to any Downtime.
The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Dracula Servers to provide credit to You:
Dracula Servers strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Dracula Servers maintains a stock of all essential hardware necessary to provide the Services. Dracula Servers shall replace any and all substantially malfunctioning hardware within 6 hours of Dracula Servers becoming aware of such substantial malfunction.
The amount of time for replacement of hardware shall be measured from the moment that Dracula Servers determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.
In the event that Dracula Servers fails to meet this hardware replacement guarantee, Dracula Servers will issue, to You, account credits in the amount of 1% of the base monthly service fee for each hour after the first six hours for the server in question to a maximum of 25% of the base monthly service fee of the service (excluding any management, upgrades or additional services associated with the server in question.)
To receive a credit, You must make a request by sending an email message to support@draculaservers.com Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, the name and IP address of the service or services which experienced delayed replacement. The request must be received by Dracula Servers within ten (10) business days after the incident. Upon confirmation by Dracula Servers, credit will be applied to Your Dracula Servers account within thirty (30) days of receipt of Your credit request.
This section does not apply to any hardware that You provide. There is no replacement guarantee for hardware provided by the Client for use with a Service.
You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity;
- “stalk” or otherwise harass another person;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a Dracula Servers issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.
Dracula Servers has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: Dracula Servers has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Dracula Servers reserves the right to discontinue your services immediately with or without warning.
Furthermore Dracula Servers reserves the right to levy a Black Listing processing fee of $300 for the first instance of IP Black Listing and $600 for the second instance of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Dracula Servers. Further, you may accumulate additional Penalties based on complaints received after your termination. This section shall survive the termination or expiration of this Agreement.
You acknowledge and agree that Dracula Servers exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER Dracula Servers, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Dracula Servers PROVIDES. NEITHER Dracula Servers, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Dracula Servers IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY Dracula Servers.
You agree to indemnify, hold harmless, and defend Dracula Servers and all directors, officers, employees, and agents of Dracula Servers from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business. This section shall survive the termination or expiration of this Agreement.
IN NO EVENT SHALL Dracula Servers BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Dracula Servers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Dracula Servers’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the one month period prior to the date the damage or loss occurred or the cause of action arose. The provisions of this Agreement pertaining to Uptime Guarantee apply to credits available to you for system downtime. This section shall survive the termination or expiration of this Agreement.
Dracula Servers reserves the right, and You agree to pay for, services of third party consultants hired by Dracula Servers in its discretion to assist Dracula Servers in providing the Services to you. Fees for the services of third parties retained by Dracula Servers will be charged to You in the invoice covering the period during which the third party services were utilized by Dracula Servers.
Dracula Servers shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Dracula Servers or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Dracula Servers is owned by Dracula Servers and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Dracula Servers’s intellectual property.
You shall not copy, modify or translate any Dracula Servers intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Dracula Servers intellectual property in any manner without the prior written consent of Dracula Servers.
Dracula Servers respects the intellectual property of others, and we ask You to do the same. Dracula Servers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Texas.
Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
This Agreement shall be binding upon and inure to the benefit of You, Dracula Servers and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Dracula Servers, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions. If there are any conflicts between the terms of this Agreement and any additional amendments to this Agreement, then the terms of the additional amendments shall prevail.
Dracula Servers reserves the right to modify this Agreement, and You agree that by creating, using, or otherwise engaging in business with Dracula Servers, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.
All respective representations, warranties, and covenants, together with obligations of indemnification, confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
Provided that You complete the registration process and are accepted by Dracula Servers for participation in Dracula Servers’s Reseller Program (the Reseller Program), You are granted the limited right as provided in this section to resell the Services. This limited right is conditioned upon Your full compliance with all applicable user agreements, including but not limited to Dracula Servers’s Terms of Service and Acceptable Use Policy, and is also conditioned upon compliance with all applicable user agreements by the customers of Yours to whom You resell Dracula Servers’s services (Reseller Customers).
The rights granted to You to resell the Services are non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without Dracula Servers’s prior written consent.
Dracula Servers will provide the Services to You under the Reseller Program at the prices and rates posted on the website, applicable to You. The rates applicable to You will vary depending on various factors such as:
- Volume of servers that you currently maintain with Dracula Servers
- Volume of value added services that you currently maintain with Dracula Servers
- Special written offers provided by an Account Executive or other authorized Dracula Servers employee.
- Custom pricing for Servers and Services (Overrides)
You agree to indemnify, defend and hold Dracula Servers harmless against any and all claims, damages and liability occasioned by any conduct of You or Your Reseller Customers, including any and all claims arising from content uploaded, stored, or transmitted by any Reseller Customer. You agree to indemnify Dracula Servers against transactions processed by Dracula Servers by or on Your behalf that are fraudulent in nature. This section shall survive the termination or expiration of this Agreement.
You agree that You will provide assistance to Dracula Servers in connection with any investigation, demand, or notice provided to Dracula Servers pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with Takedown Notices issued to Dracula Servers pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with Dracula Servers in connection with all reasonable requests made by Dracula Servers for You to preserve all information and content that may be the subject of any investigation or third party claim. This section shall survive the termination or expiration of this Agreement.
At all times you must maintain a list and contact information of your clients with Dracula Servers for the purpose of cooperation with any investigations that may be executed upon you or your clients activities, and to maintain your active status as a reseller with Dracula Servers.
In the event of a default or breach by You of any provision of this Agreement or the Dracula Servers TOS (Terms of Service), or in the event You abandon, for any reason, Your obligation to provide the Services to any of Your Reseller Customers, Dracula Servers shall be entitled to do any of the following in connection with Your Reseller Accounts:
- Directly contact Reseller Customers
- Bill Your Reseller Customers directly for the Services
- Collect all amounts due directly from such Reseller Customers
- Terminate Your Account (including Your status as a participant in the Reseller Program)
In the event of default, breach or abandonment by You as provided in this subsection, You agree to provide to Dracula Servers, on Dracula Servers’s request, all billing and contact information for each of Your Reseller Customers so that Dracula Servers may exercise the rights set forth in this subsection.
Unless You elect otherwise, on a per incident basis, through a technical feature in the Reseller Program, You shall be solely responsible for providing all Customer Service to Your Reseller Customers. In the event You elect to have Dracula Servers handle a particular customer service incident, You grant the authority to Dracula Servers to handle the particular situation exercising Dracula Servers’s sole discretion, and agree to hold Dracula Servers harmless for any claims made by the Reseller Customer in connection with Dracula Servers’s handling of the customer service request. Dracula Servers reserves the right to charge You a fee for each incident You elect Dracula Servers to handle.
In no event will You undertake any obligation to any Reseller Customer which would grant or purport to grant any rights not expressly provided to You under this Agreement.
All respective representations, warranties, and covenants, together with obligations of indemnification, confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.
Commissions are only paid on transactions that have remained valid and active on Dracula Servers networks for at least 30 days. For example, commissions earned during January will mature in February and be processed on March 15th. Thus, depending on when you join and when the transactions take place, your payment may take anywhere from 45 days to 60 days to be processed and submitted for payment.
Current Dracula Servers customers are encouraged to participate in the program and refer business to Dracula Servers. However, customers will not receive payment for affiliate transactions associated with their own account or payment method. Customers can refer new customers but will not be compensated if they are attempting to receive a commission on transactions done under any account that they are already associated with or using any of their own payment methods.
Special situations. If you are a consultant or an IT employee of a Dracula Servers client and wish to receive affiliate commissions, you must contact the affiliate manager for prior approval of your account at support@draculaservers.com
We offer high-performance server hosting at entry-level prices. Our plans include Linux VPS, Sneaker Servers, Dedicated Servers & turnkey solutions.
© 2024 Dracula Servers. All Rights Reserved.