E-SIGN Notice
In accordance with the Electronic Signatures in Global and National Commerce
Act (Pub.L. 106-229 (June 30, 2000)), we want to advise you of your rights
concerning your agreement to our Terms & Conditions:
1. By consenting to agree to our contract electronically, your consent
applies only to this transaction, but includes all amendments to policies
and procedures applicable to these Terms & Conditions.
2. You must update your electronic contact information with us as soon as
possible after a change by contacting us at accounting@dynamicnet.net Please
specify your domain name, account number, full name, address and your
updated information.
3. You may request (without charge) printed copies of our Terms & Conditions
and/or the policies and procedures applicable to these Terms & Conditions by
contacting us at accounting@dynamicnet.net, even if you initially accepted
an electronic version.
4. You must have access to the Internet and a printer if you wish to make a
hard copy of the Terms & Conditions and/or the applicable policies and
procedures. If you do not have access to a printer, please contact us at
accounting@dynamicnet.net for a printed copy of the agreement which you may
manually execute and return to us by fax or by surface mail, and for printed
copies of the applicable policies and procedures. If you are unable to
access the entire Terms & Conditions, or you would like us to mail or fax
you a printed copy of the Terms & Conditions and applicable policies and
procedures at no charge, please contact accounting@dynamicnet.net. Please be
aware that the Terms and Conditions incorporate by reference certain
policies and procedures that are posted online on this site and which are
updated effective upon posting on this Web site. You may follow this same
procedure to request the most current version of such policies and
procedures.
Acceptable Use Policy (AUP)
By using our Web hosting services, you agree to comply with our policies.
You are expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet users. We
expect you to have a basic knowledge of how the Internet functions, the
types of uses which are generally acceptable, and the types of uses which
are to be avoided. Common sense is the best guide as to what is considered
acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software, violation of
U.S. export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Interpretation
The provisions of this Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates law, regulation, or the
accepted norms of the Internet community, whether or not expressly mentioned
in this Policy, is prohibited. Dynamic Net, Inc. reserves the right at all
times to prohibit activities that damage its commercial reputation and
goodwill.
Illegal Use
Dynamic Net, Inc. servers may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark, trade secret or
other intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws. Examples of non-acceptable content or links:
"Pirated software", "Hackers programs or archives", "Warez Sites", "Irc
Bots", "MP3".
We will be the sole arbiters as to what constitutes a violation of this
provision.
System and Network Security
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to the
following: unauthorized access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference with service to any
user, host or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks. Forging of
any TCP-IP packet header or any part of the header information in an e-mail
or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space, permits
the use of mail services, mail forwarding capabilities, POP accounts, or
auto responders other than for their own account; or resale of access to CGI
scripts installed on our servers.
Tortuous Conduct
No one shall post defamatory, scandalous, violent or private information
about a person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
SPAMming
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited. A user
shall not use another site's mail server to relay mail without the express
permission of the site or distributing, advertising or promoting software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is contrary to Dynamic Net, Inc. policy for customers to use our servers
to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to the
charter or other owner-published FAQ or description of the group or list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients;
To engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a Dynamic Net, Inc.
provided server, or using a Dynamic Net, Inc. provided server as a mail drop
for responses;
To falsify user information provided to Dynamic Net, Inc. or to other users
of the service in connection with use of a Dynamic Net, Inc. service.
When Dynamic Net, Inc. becomes aware of an alleged violation of its
Acceptable Use Policy, Dynamic Net, Inc. will initiate an investigation
(within 24 - 48 hours). During the investigation Dynamic Net, Inc. may
restrict Customer 's access in order to prevent further possible
unauthorized activity. If the Customer is found in violation of our SPAM
policy, Dynamic Net Inc. may, at its sole discretion, restrict, suspend, or
terminate Customer's account and/or pursue other civil remedies. Also,
Dynamic Net Inc. reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. If
such violation is a criminal offense, Dynamic Net, Inc. will notify the
appropriate law enforcement department of such violation.
Dynamic Net, Inc. does not issue service credits for any outages incurred
through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by Dynamic
Net Inc. as a result of the customer's violation of these terms and
conditions. This is including, but is not limited to, attorney fees and
costs resulting from Postmaster responses to complaints from and the cleanup
of unsolicited commercial mailings and/or unauthorized bulk mailings and/or
news server violations. First violations will result in a Cleanup Fee of
$250 and the customer’s account will be reviewed for possible immediate
termination. A second violation will result in Cleanup Fee of $500 and
immediate termination of the customer’s account. The Customer who violates
this policy agrees to also pay Investigation Fees of no more than $150 per
hour that Dynamic Net Inc. personnel must spend to investigate any
violations.
Adult Content
Dynamic Net, Inc. will not host sites with adult content, and reserves the
right to determine what is and is not of an adult nature. Should you have
any questions, ask before proceeding with your on-line order.
Hate promotion
Dynamic Net, Inc. will not host a site promoting hated, and reserves the
right to determine what is and is not hate promotion. Should you have any
questions, ask before proceeding with your on-line order.
Modification
Dynamic Net, Inc. reserves the right to add, delete, or modify any provision
of this Policy at any time without notice. Reporting Network Abuse Any party
seeking to report any violations Dynamic Net, Inc.’s policy may contact via
e-mail: support@dynamicnet.net
Dynamic Net, Inc.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Dynamic Net Inc. regarding your use of
Dynamic Net, Inc.'s computer, interactive information, communication and
server management service. This Agreement governs the terms and conditions
under which Dynamic Net, Inc. makes the services offered by Dynamic Net,
Inc. available to individual consumers through a personal computer or
similar access, or to individual consumers or small businesses in connection
with the " Dynamic Net, Inc." Web hosting or similar services. Under this
Agreement, you must comply with Dynamic Net, Inc.'s then current "Acceptable
Use Policy," as updated from time to time by Dynamic Net, Inc., which can be
viewed at
http://www.dynamicnet.net/services/faq/acceptable_use_policy.htm
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Dynamic Net, Inc. will host an account for you, the purchaser (hereafter
referred to as the Account Holder), for the Account Holder's chosen domain
name, for the period of time (the Term) corresponding with the payment plan
chosen by the Account Holder. This contract will be automatically renewed at
the end of the Term and each successive renewal term, unless terminated. We
require written notification of non-renewal with at least 30 days notice but
not more than 60 days prior to the renewal date. If you do not provide this
notice, you will be charged for the next terms rate. There are no refunds on
a la carte services, dedicated servers or server colocation.
2. Dynamic Net, Inc.'s services are provided on an as is, as available basis
without warranties of any kind, either express or implied, including, but
not limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Dynamic Net, Inc. expressly disclaims any
representation or warranty that the Dynamic Net, Inc. services will be
error-free, secure or uninterrupted. No oral advice or written information
given by Dynamic Net, Inc., its employees, licensors of the like, will
create a warranty; nor may you rely on any such information or advice. The
terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic
services can only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws. Further, the Account
Holder agrees not to store, transmit, link to, advertise or make available
any images containing pornography. Violations of these or any other
provisions of this Agreement may result in termination of the services
provided by Dynamic Net, Inc., with or without the grant of a notice or cure
period, such notice or cure period to be granted at the sole discretion of
Dynamic Net, Inc. based upon the severity of the violation. Dynamic Net,
Inc. reserves the right to refuse service if any of the content within, or
any links from, the Account Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of Dynamic Net, Inc.'s then current
Acceptable Use Policy, in the sole and absolute opinion of Dynamic Net, Inc.
Notwithstanding anything in this Agreement, the content of the Account
Holder's website is the sole responsibility of the Account Holder. The
Account Holder agrees to indemnify and hold harmless Dynamic Net, Inc. from
any and all claims, losses, damages, liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and other expenses incurred by
Dynamic Net, Inc., (collectively, Claims) related to or in connection with
the content of the Account Holder's website. The terms of this Section will
survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to the Account Holder.
Account Holder is aware that Dynamic Net Inc. reserves the right to change
the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to newsgroups. Account
Holder is responsible for security of its password. Dynamic Net, Inc. will
not change passwords to any account without proof of identification, which
is satisfactory to Dynamic Net, Inc., which may include written
authorization with signature. In the event of any partnership break-up,
divorce or other legal problems that includes Account Holder, Account Holder
understands that Dynamic Net, Inc. will remain neutral and may put the
account on hold until the situation has been resolved. Under no
circumstances will Dynamic Net, Inc. be liable for any losses incurred by
Account Holder during this time of determination of ownership, or otherwise.
The Account Holder agrees to indemnify and hold harmless Dynamic Net, Inc.
from any and all Claims arising from such ownership disputes. The terms of
this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Dynamic Net, Inc., its reputation,
computer systems, programming and/or other persons using Dynamic Net, Inc.'s
services. Dynamic Net, Inc. reserves the right to select the server for
Account Holder's website for best performance. The Account Holder
understands that the services provided by Dynamic Net, Inc. are provided on
a shared server. This means that one website cannot be permitted to
overwhelm the server with heavy CPU usage, for example from the use of
highly active CGI scripts or chat scripts.
If the Account Holder's website overwhelms the server and causes complaints
from other users, the Account Holder has outgrown the realm of shared
servers, and will need to relocate it's website. Dynamic Net, Inc. will
refund any unused portion of prepaid services. If the Account Holder refuses
to comply with this Section, then Dynamic Net, Inc. has the right to
terminate the services provided to the Account Holder without any refunds of
the unused portion prepaid by the Account Holder.
The Account Holder agrees to indemnify and hold harmless Dynamic Net, Inc.
and any other Account Holder from any and all Claims resulting from the
Account Holder's use of the services provided by Dynamic Net, Inc. The terms
of this Section will survive any termination of this Agreement.
Dynamic Net, Inc. shall not be liable for any damages suffered as a result
of using, modifying, contributing, copying, distributing, or downloading of
materials from the web server. In no event shall Dynamic Net, Inc. be liable
for any indirect, punitive, special, incidental, or consequential damage
(including but not limited to loss of business, revenue, profits, use, data
or other economic advantage), however it arises, whether in an action of
contract, negligence or other tortuous action, arising out of or in
connection with the use or performance of information available from this
web server.
Account Holder has sole responsibility for the adequate protection and
backup of data and/or equipment used in connection with the web server and
Account Holder will not make a claim against Dynamic Net, Inc. for lost
data, re-run time, inaccurate output, work delays, or lost profits resulting
from the use of the web server. Account Holder agrees to hold Dynamic Net,
Inc. harmless from, and promises not to sue Dynamic Net, Inc. for, any
claims based on or related to the use of the web server.
7. The Account Holder's rights and privileges under this Agreement cannot be
sold or transferred without the prior written consent of Dynamic Net, Inc.
8. If the Account Holder sells or resells advertising or Web space to a
third party then the Account Holder will be responsible for the contents of
that advertising and the actions of that third party. Dynamic Net, Inc. has
the absolute right to reject any advertising or other third party content
that is illegal, offensive or otherwise in breach of the then current
Dynamic Net, Inc. Acceptable Use Policy. The e-mail distribution by the
Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL",
is expressly prohibited. If the Account Holder refuses to remove any
advertising or other third party content deemed objectionable by Dynamic
Net, Inc., Dynamic Net, Inc. may terminate the services being provided to
the Account Holder.
9. Dynamic Net, Inc. will use its best efforts to maintain a full time
Internet presence for the Account Holder. The Account Holder hereby
acknowledges that the network may, at various time intervals, be down due,
but not restricted to, utility interruption, equipment failure, natural
disaster, acts of God, or human error. In no event shall Dynamic Net, Inc.
be liable to the Account Holder for any damages resulting from or related to
any failure or delay of Dynamic Net, Inc. in providing access to the
Internet under this Agreement. In no event shall Dynamic Net, Inc. be liable
to the Account Holder for any indirect, special or consequential damages or
lost profits arising out of or related to this Agreement or the performance
or breach thereof. The aggregate, total liability of Dynamic Net, Inc. under
this Agreement, if any, shall in no event or circumstance exceed the total
amount actually paid by the Account Holder hereunder. The terms of this
Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The Account Holder is
responsible for the use of each account, whether used under any name or by
any person, and for ensuring full compliance with this Agreement by all
users of that account. A Dynamic Net, Inc. account may not be transferred
without prior written approval from Dynamic Net, Inc.. The Account Holder is
responsible for maintaining the confidentiality of his/her password. In the
event of a breach of security through the Account Holder's account, the
Account Holder will be liable for any unauthorized use of the Dynamic Net,
Inc. services, including any damages resulting there from, until the Account
Holder notifies Dynamic Net, Inc.'s customer service.
11. If Dynamic Net, Inc. assigns the Account Holder an Internet Protocol
address in connection with the Account Holder's use of the Dynamic Net, Inc.
services, the right to use that Internet Protocol address will remain with
and belong only to Dynamic Net, Inc., and the Account Holder will have no
right to use that Internet Protocol address except as allowed by Dynamic
Net, Inc. in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account
Holder and Dynamic Net, Inc. with respect to the Dynamic Net, Inc. services
and supersedes all prior agreements between the Account Holder and Dynamic
Net, Inc. Dynamic Net, Inc.'s failure to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right. In
the event that a portion of this Agreement is held unenforceable, the
unenforceable portion will be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full force and effect. The
terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this
Agreement in a spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute, which cannot be so resolved, shall
be subject to binding arbitration upon the written demand of either party.
Arbitration shall take place in Berks County, Pennsylvania. Should any legal
action permissible under this Agreement be instituted to enforce the terms
and conditions of this Agreement, in particular the right to collect money
due on unpaid invoices, the prevailing party shall be entitled to recover
reasonable attorney's fees and expenses incurred at both the trial and
appellate levels. The terms of this Section will survive any termination of
this Agreement.
14. The Account Holder agrees to indemnify and hold Dynamic Net, Inc.
harmless from any and all Claims resulting from or connected with any
activities conducted by the Account Holder. The Account Holder and Dynamic
Net, Inc. will promptly notify the other upon receipt of any Claim or legal
action arising out of activities conducted pursuant to this Agreement. The
rights and responsibilities established in this paragraph will survive any
termination of this Agreement.
15. Dynamic Net, Inc. may include the Account Holder's name and contact
information in directories of Dynamic Net, Inc. service subscribers for the
purpose promoting the use of the services by additional potential clients.
However, Dynamic Net, Inc. is not authorized to print the Account Holder's
name, trademarks or other identifying information in any other advertising
or promotional materials without the prior written consent of the Account
Holder.
16. The interpretation and enforcement of this Agreement shall be governed
according the laws of the state of Pennsylvania (excluding its choice of law
rules) and the federal laws of United States applicable therein. The Account
Holder hereby consents to personal jurisdiction in the federal and
provincial courts of Berks County, Pennsylvania for any action arising out
of or relating to the Account Holder's use of the Dynamic Net, Inc.
services. The federal and provincial courts of Berks County, Pennsylvania
will have exclusive jurisdiction over all such actions. In any such action,
the prevailing party will be entitled to recover all legal expenses incurred
in connection with the action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's fees. The terms of this
Section will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail,
notices shall be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this Agreement
shall be addressed to the individuals in the capacities indicated below, or
as specified by subsequent written notice delivered by the party whose
address has changed.
18. Because the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to dictate what is
considered "adult material." However, it is not our function to discriminate
against those who choose to utilize adult content or adult related material.
This being said, there are still several reasons why Dynamic Net has been
forced to create its no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund if account is cancelled
within the initial 30 days after sign up. Reseller account holders can
receive a refund if account is cancelled within the initial 7 days after
sign up. If the account holder cancels after the time period specified,
there will be no refund given.
All cancelations must be done via the secure on-line form at
https://www.dynamicnet.net/services/cancellation.html
20. Dynamic Net, Inc. may temporarily deny service or terminate this
Agreement upon the failure of Account Holder to pay charges when they become
due. Such termination or denial will not relieve the Account Holder of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
21. If an account holder's account becomes overdue, the account will be
suspended. Interest will accrue on the overdue account at a rate of 5% per
month until the outstanding balance is paid in full.
22. If an account holder charges back for services rendered, a $50.00 charge
back fee will be added to the amount charged back by the customer.
23. If an account holder's account is overdue for 90 days, the account will
be handed over to an outside collection agency. At that time the account
holder will incur a $50.00 collection fee added to the balance previously
due.
24. All accounts are subject to verification.
25. You agree that Dynamic Net, Inc. may establish limits concerning use of
any Dynamic Net, Inc service offered on any Dynamic Net, Inc. web site,
including without limitation the maximum number of days that e-mail messages
will be retained by any Dynamic Net, Inc. service, the maximum number of
e-mail messages that may be sent from or received by an account on any
Dynamic Net, Inc. service, the maximum size of an e-mail message that may be
sent from or received by an account on any Dynamic Net, Inc. service, the
maximum disk space that will be allotted on Dynamic Net, Inc.'s servers on
your behalf either cumulatively or for any particular service. You agree
that Dynamic Net, Inc. has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by any Dynamic Net, Inc. service. You acknowledge that the
features, parameters (for example, the amount of storage available to users)
or existence of any Dynamic Net, Inc. service may change at any time.
Also see our customer service
agreement for our terms of service and our
Acceptable Use Policy (“AUP”)
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