PCI Compliant Web Hosting and Managed Service Provider
Hosting Solutions since 1995

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.

IP Addresses

IP addresses are assigned as per ARIN policy. Valid use of an IP address is for the primary network card of a physical server, for the primary virtual network card of a virtual machine (VPS node), for DNS name servers, for mail servers, or for a web site using an active (non expired) secure certificate (digital ID).

All IP addresses remain the property of the data center used by Dynamic Net, Inc., and assignments of IP addresses to customers will be revoked when service is cancelled or suspended, if IP addresses are not being used, or if IP addresses are being used in a way inconsistent with ARIN or Dynamic Net, Inc. policies.

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 hatred, 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: helpdesk@dynamicnet.net