1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Design Knight, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Design Knight is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Unless otherwise specified, Design Knight will treat the credit card holder utilized for payment on the account as the designated and authorized owner of the account.
We will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist in a transfer of data from an old host. Transfers may incur a charge; please contact Design Knight with specific details to receive a price quote.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Design Knight is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
All services provided by Design Knight may only be used for lawful purposes. The laws of the State of Texas and the United States of America apply.
The customer agrees to indemnify and hold harmless Design Knight from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, writings, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org. We may require further documentation.
Using your account as a backup/storage device is not permitted.
Examples of unacceptable material on all account servers include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
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)
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
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)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Design Knight services, including all related equipment, networks and network devices are provided only for authorized customer use. Design Knight systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Design Knight system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Design Knight may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will have a response within 48 hours.
Sites hosted on Design Knight’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Design Knight is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Design Knight and many of Design Knight’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Design Knight should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Design Knight’s webhosting service(s).
If you are in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Design Knight reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Design Knight reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Design Knight.
4.) Payment Information
You agree to supply appropriate payment for the services received from Design Knight, in advance of the time period during which such services are provided. You agree that until and unless you notify Design Knight of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be made in your account settings at www.designknight.com/clients and you must notify Design Knight in writing by emailing us at firstname.lastname@example.org. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. We require that cancellations of service are done both in writing and online to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Design Knight, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Design Knight of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Design Knight. Design Knight reserves the right to bill your credit card or billing information on file with us. Any invoice that is not paid by the due date 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 Design Knight 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 sales team via email at email@example.com 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 Design Knight cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed two weeks before the renew date. It is the customer’s responsibility to notify our sales team via email at firstname.lastname@example.org for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Design Knight reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Graphic and Web Design Services
Prior to monthly membership, Design Knight will recommend and send a demo image of a template website, or a link to a demo front page. The demo may incur a fee. Contact Design Knight at email@example.com to get a price estimate. If you have concerns with the template design, or want to see additional demos, they should be addressed prior to submitting any membership payments to Design Knight. Once you submit your first membership payment, Design Knight will assume that you accepted the last demo sent to you and will customize based from that template. Once Design Knight starts customizing your template, you may not request a new template. Such requests will incur an additional fee.
Each membership comes with one website with a maximum of (15) fifteen pages. If you believe your site will need more than fifteen pages, please contact us at firstname.lastname@example.org.
In most cases, Design Knight customizes web sites from premium templates, or GNU General Public Licensed (GPL) templates and/or coding. There is a chance that a website could look similar to another website hosted on Design Knight, or another website hosted elsewhere. Any concerns of similarities should be addressed in the initial design stages before the final design is approved and goes live.
After submitting your first payment, Design Knight will begin the process of customizing and designing your website. This process can take on average around two weeks, but may take longer. The time is variable dependent on the scope of the design, the level of the coding, and the amount of changes you may request. Outside variables, such as communications between a graphic designer you may have employed for logo creation or brand identity, will also have an effect on time.
During the design and customization stage, your site will be under “maintenance mode” and will not be accessible to the public. When the design is ready to be approved, you will be given a username and password so that you can access the design. You may then give your critiques and changes for the website. A final approval will be needed before a site will be taken out of “maintenance mode” and will be live to the public. At this point, all major designs are final.
All products and/or templates are distributed using either a Proprietary Use License or the GNU General Public License (GPL). Any Design Knight product modified or unmodified are not your property. You do not own them. They are property of Design Knight or its Proprietary Use Licensors. As such, you do not have the right to move or copy any code, graphics, or design elements. If your membership is cancelled, you will not be given the website code or pages. If you’ve been a member for at least six (6) months, you may request graphics be sent to you within (30) thirty days of cancellation. If a request is made, Design Knight will send you graphics, such as any logos Design Knight may have created for you, that are not licensed under Proprietary Use. Design Knight has the right to permanently delete graphics and templates (30) thirty days after cancellation.
If you want to use photographs on a website or page, you are responsible for providing those photographs. Design Knight is not responsible or liable to pay for stock photographs. Design Knight is not responsible or liable to pay a photographer to take photographs for use on the website. Design Knight can attempt to find free commercially licensed photographs, but it is not guaranteed. If you provide Design Knight a photograph to use, we will assume you own complete rights to the photograph, or are licensed to use and/or display the photograph on the website. You may not provide a photograph that you do not own the rights or license to.
Logo creation or brand identity is not included in the membership. Contact Design Knight at email@example.com for estimates on these services. Design Knight may create a basic logo as a courtesy, but it is not included in the membership. If you choose to use a third-party graphic designer for logo creation, we will work with the designer to incorporate the logo into the web design. However, this support is limited and Design Knight is not responsible for fully incorporating a third-party graphic designer’s logo, vision, or brand identity into a website. Such customization, including turning a photoshop or illustrator file into a website, will incur costs above the normal membership fee.
6.) Content Management
Content management is defined as all work done on the website or server after the initial design is approved and active. Only security updates are offered with the basic membership after the initial design and membership activation. Design Knight offers an hour (1) per month of website and content management through our ticket support system as an optional service. Any additional time spent per month is subject to a $15.00 per hour rate. Any unused time does not roll over to the next month.
Content management includes, but is not limited to, content information updates, replacing pictures and photographs, adding pages, and/or making minor template adjustments. We do not create content. You must provide us the content you want added or modified on your website. What constitutes as content management is based on the sole discretion of Design Knight. Some inquiries may be defined as outside the scope of content management due to their complexity and may require additional fees. Design Knight can manage blogs, news, or events pages upon request. However, due to their heavy time requirements, we recommend clients handle these pages themselves or risk running into the hourly management rate. Design Knight can refer you to instructions on how to manage these pages if needed.
Content management does not include web site redesigns. Web site and/or template redesigns are subject to an additional set-up fee, or hourly rate, and are quoted on a case-by-case basis.
Content management inquiries and requests can be made by logging into the client section at www.designknight.com/clients and visiting the ticket support system.
Design Knight will not tolerate repeatedly signing up and cancelling this monthly service whenever a website needs updating. Such abuse may result in the termination of the content management service or Design Knight membership.
The basic Design Knight membership includes email forwarding to Gmail or another email client. The email client must download and store the email off of Design Knight’s servers. Design Knight can provide instructions on how to set up your email client, but it is your responsibility to ensure your email client is set up properly. Contact Design Knight at firstname.lastname@example.org to arrange for an email forwarder.
Design Knight offers an optional mailbox service with different space quotas that will allow you to store emails on Design Knight servers. Contact Design Knight at email@example.com to arrange for a mailbox to be set up.
8.) Portfolio, Promotion, and Links
Design Knight reserves the right to take screen shots of your website and use it for promotional or portfolio work, including displaying it on designknight.com, or using it in print advertisements.
Design Knight may place a link to designknight.com at the bottom of your website.
9.) Backups and Data Loss
Your use of this service is at your sole risk. Backups are handled by our hosting provider, buyvm.com. This service is provided to you as a courtesy. Design Knight, or buyvm.com, is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Design Knight servers.
10.) All Sales Final – No Refunds or Exchanges
Due to the nature of our service, we are not able to provide any refunds or exchanges for products/services purchased from us.
In the event that you cancel your membership, web sites will remain active for the duration of the service paid. You must notify Design Knight if you want your web site removed from its servers prior to the end of the service paid.
Design Knight reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
11a.) Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
The use of more than 250,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
12.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the optional add-ons you select. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account, and/or charge you an additional fee for the overages. Unused monthly bandwidth cannot be carried over to the next month.
13.) Reselling Not Permitted
Accounts may not resell web hosting or design services to other people or companies.
Discounts and coupon codes are reserved for first-time accounts, or first-time customers, only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless otherwise specified.
Customer agrees that it shall defend, indemnify, save and hold Design Knight harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Design Knight, 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 Design Knight against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Design Knight; (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 Design Knight’s server.
By using any Design Knight services, you agree to submit to binding arbitration. If any disputes or claims arise against Design Knight or its subsidiaries, such disputes will be handled by an arbitrator of Design Knight’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Design Knight shall not be responsible for any damages your business may suffer. Design Knight makes no warranties of any kind, expressed or implied for services we provide. Design Knight 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 Design Knight and its employees.
17.) Disclosure to law enforcement
Design Knight 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.
18.) Changes to the TOS
Design Knight reserves the right to revise its policies at any time without notice.