Terms of Service
Throughout this document and all others contained at monthly-hosting-web.com, Monthly-Hosting-Web refers to Dynalink Web Solutions LLC. Monthly-Hosting-Web is a registered trade name of Dynalink Web Solutions LLC. This Dynalink Web Solutions Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Dynalink Web Solutions' Hosting Services (hereafter referred to as the "Services") will be provided to you (hereafter referred to as the "Customer") upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Dynalink Web Solutions reserves the right to modify it from time to time, effective when notification is posted at www.monthly-hosting-web.com. No verbal or written agreement/statement by any Dynalink Web Solutions employee or at Dynalink Web Solutions' website will take precedence over the TOS. On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. Violation of the TOS or any such action that Dynalink Web Solutions deems inappropriate may result in the termination or suspension of the Services for the Customer.
Payment
The Services purchased by the Customer will be in the form of a specific Windows or Linux Service Plan. Each Service Plan outlines the features, resources and storage that Dynalink Web Solutions will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.monthly-hosting-web.com. Dynalink Web Solutions has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Dynalink Web Solutions before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.monthly-hosting-web.com are in US Dollars (USD).
While registering for a Service Plan, the Customer may choose a Billing Period (also know as Payment Term) of 1 Month, 3 Months, 6 Months or 1 Year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service Fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customer chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy).
All charges will be debited against the Customer's balance maintained by Dynalink Web Solutions. If the Customer's debt exceeds $5.00 USD, he or she is required to clear his or her balance within 7 days by the chosen Payment Mode (selected during registration). If the Customer's chosen payment method is Credit Card, Dynalink Web Solutions would attempt to charge the credit card number provided by the Customer (upon or after registration) automatically. For all other purchases (i.e. purchases made from PayPal.com or by Check), the Customer must manually pay following payment procedures defined by Dynalink Web Solutions. Failure of the Customer to pay manually or for Dynalink Web Solutions to charge the Customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the Customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer doesn't pay his or her balance within 14 days after Service Account suspension, Dynalink Web Solutions reserves the right to terminate the Customer's Service Account
A fee of $30 USD will be levied for every returned check and credit card charge back. Dynalink Web Solutions reserves the right to change pricing of the Services from time to time. Dynalink Web Solutions also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.
Personal Use
The Customer may not resell space in their account. Accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services to other parties. This includes email services, cgi scripts, mySql services, etc. Exceptions to this include ad banners, classified ads, and personal ads. Should a Customer wish to host materials for companies or parties that are not under direct control of the Customer, arrangements should be made with Dynalink Web Solutions. Failure to comply with this is grounds for Service Account suspension.
Overages
If the Customer exceeds the feature, storage or resource limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. The Customer may also purchase additional features, storage and resources by the same overage rates. Users may not purchase more than 300% of the allotted resources for any given Service Plan.
Refunds/Cancellations/Lifetime Money Back Guarantee
All Service Accounts must be cancelled by filling out the cancellation form at http://www.monthly-hosting-web.com/cancelform.php. If at any point the Customer is dissatisfied with Dynalink Web Solutions' service, he or she must first cancel his or her account using the above link, and then may request a refund at http://www.monthly-hosting-web.com/refund.php. The Customer will be refunded his or her Service Fee for the present billing month as well as any unused prepaid Service Fees. Dynalink Web Solutions will not refund any Overage Fees accrued by the Customer under this policy. Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS. If a Customer is requesting a refund and had made a payment via PayPal in the previous 60 days, we will issue the refund via PayPal. If a Customer is requesting a refund and had made a payment via credit card in the previous 120 days, we will issue the refund via credit card. All other refunds will be issued by check. Refunds will be issued within 7 days of their approval by Dynalink Web Solutions.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis. Dynalink Web Solutions is not liable to the Customer for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the Customer's business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of the Customer's Service Account. The Customer is liable to pay all charges accrued during Service Account operation. The Customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation
Material and Product Requirements
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. The Customer must have the necessary knowledge for his or her intended use of the Services. Dynalink Web Solutions will not provide this knowledge to the Customer. The Customer must ensure that all material and data placed on Dynalink Web Solutions' servers/systems is in a form requiring no additional manipulation by Dynalink Web Solutions. Dynalink Web Solutions will make no effort to validate any of this information for content, correctness or usability.
Privacy Policy
Dynalink Web Solutions requests information from the Customer on our order form. Here a Customer must provide contact information (like name, phone number and email address) and billing information. This information is used for billing purposes and to contact Customers from time to time. If Dynalink Web Solutions has trouble processing an order, this contact information is used to get in touch with the Customer. Dynalink Web Solutions uses the services of CDGcommerce Inc. and Authorize.Net as our default method of accepting and processing payments via credit card. Dynalink Web Solutions provides CDGcommerce and Authorize.Net with the Customer's credit card and billing information in order to process his or her payment. Dynalink Web Solutions also stores the Customer's credit card information on our system, in order to bill the Customer at the start of every billing period. Dynalink Web Solutions also provides a web-based method of payment with PayPal.com. If the Customer chooses this method, Dynalink Web Solutions will not store nor be exposed to the Customer's credit card information.
Dynalink Web Solutions will never sell, rent, or disclose the Customer's personally identifiable information to outside parties (other than the aforementioned credit card processing companies) without the Customer's consent unless compelled by a court of law to do so. However Dynalink Web Solutions does reserve the right to disclose the Customer's requirement information (if the Customer is a member) to industry professionals if needed to complete a job the Customer has requested. Dynalink Web Solutions may send the Customer e-mail regarding our new features, services, promotions, news, or other important update information. Dynalink Web Solutions may use various methods to collect information including, cookies and/or IP addresses. In any case, Dynalink Web Solutions will never disclose the Customer's personally identifiable information to third parties.
Intellectual Property Rights
The Customer must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If the Customer uses a domain name in connection with the Services, he or she must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Web Site Operation and Security
If the Customer runs a Web Site through the Services, he or she is solely responsible for it's operation and maintenance and Dynalink Web Solutions plays no such role in it. The Customer is also responsible for the security of any client credit card numbers and related client information the Customer may access as a result of conducting electronic commerce transactions through the Customer's Web Site. Dynalink Web Solutions will not be responsible for the security of such information
The Customer also expressly (i) grants to Dynalink Web Solutions a license to cache the entirety of the Customer's Web Site, including content supplied by third parties, hosted by Dynalink Web Solutions under this Agreement and (ii) agree that such caching is not an infringement of any of the Customer's intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
Dynalink Web Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Dynalink Web Solutions. Dynalink Web Solutions reserves the right to change or remove any and all such IP numbers and addresses.
General Abuse
Any attempt to cause harm or undermine Dynalink Web Solutions' servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of 18
Email Abuse
The following activities are considered as email abuse and are prohibited:
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a server, system or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed by Dynalink Web Solutions are ALSO prohibited if they link to websites, content or material hosted on Dynalink Web Solutions' servers/systems. Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and appropriate legal action.
In order to prevent Email abuse from occurring, Dynalink Web Solutions has a global restriction that will prevent all Customers from sending more than 100 emails per mail box per day. The restriction does not apply to incoming email and Customers can receive unlimited incoming email. Customers who need this restriction lifted my go to http://www.monthly-hosting-web.com/mass-mail.php for more information.
Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive use of the following: CPU, hard disk and memory usage, number of concurrent processes, number of concurrent port or database connections and bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Dynalink Web Solutions will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Dynalink Web Solutions will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service Account itself will only be resumed once the Customer has corrected the problem and convinced Dynalink Web Solutions that the abuse will not occur again. Dynalink Web Solutions will endeavor to provide prior notification before carrying out any such action but Dynalink Web Solutions may do so without any such notification, at its own discretion.
Lawful Purpose
Dynalink Web Solutions reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Dynalink Web Solutions. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Maryland, USA and any dispute will be litigated or arbitrated in Maryland, USA. The Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Maryland. IN NO EVENT SHALL DYNALINK WEB SOLUTIONS' MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY THE CUSTOMER.
Notifications
All notifications to the Customer will be sent by electronic mail (email). It is the responsibility of the Customer to ensure his or her email address is valid at all times. Dynalink Web Solutions will not be responsible if the Customer fails to receive any email Dynalink Web Solutions attempted to send.
Indemnification
THE CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD DYNALINK WEB SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST DYNALINK WEB SOLUTIONS, 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 THE CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. THE CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS DYNALINK WEB SOLUTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH DYNALINK WEB SOLUTIONS SERVICES; (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO THE CUSTOMER FROM DYNALINK WEB SOLUTIONS SERVICES
Disclaimer
DYNALINK WEB SOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. DYNALINK WEB SOLUTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. DYNALINK WEB SOLUTIONS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY DYNALINK WEB SOLUTIONS AND ITS EMPLOYEES. DYNALINK WEB SOLUTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
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