Before you register with services offered by Dynamic ASP Inc., you must read and agree to this Terms of Service (“TOS”). By using the services offered by Dynamic ASP Inc. (the “Service”), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Dynamic ASP Inc. (“Dynamic Hosting”) and you.
Dynamic Hosting may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: https://www.dynamichosting.ca/terms-of-service/
Description of Services. Services covered by this agreement are any services offered by Dynamic Hosting (the “Service”). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.
Eligibility
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Dynamic Hosting reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Dynamic Hosting; use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Dynamic Hosting; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
Unlimited Features
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website. If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, reselling, or other prohibited use, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy
Shared Hosting is intended for small businesses or personal use websites. It is very rare that a small business or personal use website will use excessive resources. Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Dynamic Hosting offers a shared hosting service in which environment customers may share resources with other customers, therefore it’s important that Dynamic Hosting control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it:
- Consumes 100% of 1 CPU core, and/or
- 1 GB Memory, and/or
- 20 concurrent connections, and/or
- 20,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”, and/or
- 20GB+ of disk space, and/or
- 5GB+ of for a single database, and/or
- 5GB+ monthly data transfer
There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources can be suspended with or without notice. Dynamic Hosting will make every reasonable effort to notify customer prior to suspension, however, Dynamic Hosting may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer who is using “excessive resources” may be asked to upgrade their package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Dynamic Hosting will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
Payment Terms
Monthly Terms: A valid credit card is required for you to use the product on a month-to-month basis. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modification to Fees and Services
Dynamic Hosting reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Dynamic Hosting reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dynamic Hosting website (dynamichosting.biz) or by e-mail notification. Dynamic Hosting will use the e-mail address(es) that we have on file, and it is the responsibility of the Client to ensure that these are accurate.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time using your client portal at https://billing.dynamichosting.biz/ or by sending an e-mail to accounting@dynamichosting.biz. There will be no refund if you cancel the Service before the end of your current, paid-up billing cycle, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Dynamic Hosting may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Warranties and Liability
Dynamic Hosting does not warrant that:
(i) the Services will meet your requirements or expectations,
(ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
(iii) bugs or errors will be corrected,
(iv) the mathematical calculations performed by the Service is accurate.
The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Dynamic Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dynamic Hosting has been advised of the possibility of such damages), resulting from your usage of the Service.
Jurisdiction
The parties agree that the laws of the province of Ontario, Canada will apply to this agreement and to any disputes between the parties. The parties hereto attorn to the laws of the province of Ontario, Canada and to the exclusive jurisdiction of the courts of Ontario, Canada.
Indemnification
You agree to hold harmless and indemnify Dynamic Hosting, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Dynamic Hosting will provide you with written notice of such claim, suit or action. The failure of Dynamic Hosting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Dynamic Hosting and govern your use of the Service, superseding any prior agreements between you and Dynamic Hosting (including, but not limited to, any prior versions of the TOS).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Dynamic Hosting at support@dynamichosting.biz.
IP Address Changes
Dynamic Hosting reserves the right to change your IP address from time to time. IP address changes stem from, but are not limited to, data center moves, and server migrations. When an IP address changes, customers will be notified 48 hours prior to the IP address change.
Recommended Shared Hosting Usage
Due to the nature of shared hosting resources – Dynamic Hosting does not recommend shared hosting be used for e-commerce with daily sales activity or enterprise email totalling more than 10 email accounts. For the above mentioned cases, Dynamic Hosting recommends a VPS or Managed VPS environment with a dedicated IP.