What is your Customer Service Agreement (Terms of
Service)?
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 cancellations must be done through our on-line,
secure, 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. |
