Terms of Service for Dynamic Creation, LLC Adopted :  Aug 1, 1999  modify Jan 12,2004

The following Policy applies to our Hosting services.
You must accept these terms if you wish to use our services.

Dynamic Creation, LLC seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own web site or dedicated server on the World Wide Web (WWW) in the most efficient and effective way possible. We continually upgrade our servers, network, and support to help you achieve your goals in hosting. Budget Hosting is designed to provide you with the most popular and proven hardware and software available to serve your pages to the WWW at the lowest possible prices. Our Premium Hosting is designed to provide faster, more fully featured and reliable hardware, software and networking at a price that is aggressively competitive for any similar service. Dedicated Hosting is designed to offer you administrative control over a leased or co-located server also at the lowest price point possible. To keep this pricing down, we ask that you follow our acceptable use policies.  If you have any questions about these policies, please send your questions to support@dynamiccreation.com

Dynamic Creation, LLC reserves the right to refuse service to anyone at any time. However, if Dynamic Creation, LLC should deem it necessary to initiate termination of services with you, Dynamic Creation, LLC specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network.  In no event shall Dynamic Creation, LLC be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

Web-site Content .  The content of your website will remain on your virtual or dedicated server and is not available to any other entity. You have the right to retain on your virtual or dedicated server; any and all files that you seek to hold that do not violate the following rules.   Customers are prohibited from transmitting on or through any of Dynamic Creation, LLC's services, any material that is, in Dynamic Creation, LLC's sole discretion:  unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treatise. In short, Dynamic Creation, LLC's services may only be used for lawful activities

Network . Our Virtual and Dedicated servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available. Our Network usage is open to all Dynamic Creation, LLC users. Your server is welcome on our network as long as your site does not create a problem for the network.  High Network traffic or throughput is not a problem at Dynamic Creation, LLC, but extreme network traffic or extreme uploading and downloading can create problems.  Your maximum throughput allowed by your website is an estimate of your usage. You are allowed to exceed your maximum usage without being shut off.  You will be billed for the additional throughput on your next billing cycle. Please help Dynamic Creation, LLC plan for the future and popularity of your website. If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us at sales@dynamiccreation.com. This will ensure no downtime and maximum availability of your website at all times.   We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.

Dynamic Creation, LLC customers may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization.  Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server for resolution.

Mass Mailings .  Dynamic Creation, LLC has a zero tolerance policy on SPAM, Junk E-mail or UCE.  Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Dynamic Creation, LLC servers and/or network. Violation of the above terms will result in one or all of the following: A warning from Dynamic Creation, LLC personnel by E-Mail or Telephone. Removal of DNS for the advertised/originating site. Temporary shutdown of the website/server or a block on outgoing mail. Permanent disconnection of service.

Repeat violation of the above terms will result in the following actions:

Immediate disconnection of service with no re-activation
A US$1000 fee assessed and charged to your account for violation
Absolutely NO REFUNDS for ANY REASON
Additional US$10 fee charged to your account per E-Mail sent after notification

If your actions have caused Dynamic Creation, LLC servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP's and Web Hosting companies around the world, you will be assessed a $1000 charge to your account and $150 per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you want to report abuse by one of our users, please send the e-mail to abuse@dynamiccreation.com.

Mailing Lists :  Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with.  Our policy is the following:  An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you.  Your own list servs in which customers have signed up for in the past, is a valid mailing list.  If one of your members asks to be removed, please remove them as soon as feasibly possible. Internally created mailing lists are valid as long as your customers agree to receive the e-mail. Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail.  The final rule to all mailing lists is simple:  if your customers begin to send spam complaints to Dynamic Creation, LLC about your e-mail, you will be bound to the terms of mass mailings listed above.  If you have direct questions in reference to mailing lists, please send your question to support@dynamiccreation.com.

Copyright Infringement – Software Piracy:  During the term of the hosting contract, Dynamic Creation, LLC grants Customer a non-transferable, non-exclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services.  Customer agrees that it will not, directly or indirectly copy the Software, except as is necessary to install on Hardware and for internal, archival purposes.  In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies; reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software; sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

The location of third party software on your virtual or dedicated server that violates Copyright law is prohibited. Dynamic Creation, LLC will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license.   Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on Dynamic Creation, LLC virtual or dedicated servers.  Violators will be terminated

IP Addresses: Dynamic Creation, LLC MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of Dynamic Creation, LLC or its network provider, are non-portable, and will be retained after service has ceased.  Dynamic Creation, LLC does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by Dynamic Creation, LLC will result in a $150 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your virtual or dedicated server will be taken offline until the problem is resolved.  Administrative fees will be billed to your account the following business day.

Late Payments: If for any reason your balance becomes more than 14 days past due, we reserve the right to suspend your account until payment in full has been received. If your account is suspended and needs to be restored, there will be a $50.00 reinstatement fee which must be paid in full before your account can be turned back on. If your account is late more than once, we will require up front payment of any services from us.

Declined or Charged Back credit cards:   If you are paying by credit card and your card is declined, we will assess a $1.00 service fee to your account. If your account has a charge back on it, we will assess a $50.00 service fee to your account. All service fees will be due on your next bill if you are paying monthly. Any other payment term will be billed immediately and due within 14 days.

Suspension :  Dynamic Creation, LLC specifically reserves the right to suspend network service to your virtual, dedicated or co-located server and to your web hosting account at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

SERVICE INTERRUPTIONS .  Dynamic Creation, LLC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.  Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services.  Dynamic Creation, LLC agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Dynamic Creation, LLC be held liable for any financial or other damages due to such interruptions.  In no event shall Dynamic Creation, LLC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum .  This Agreement shall be governed and interpreted according to United States Law.  For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the United States. Customer's address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which Dynamic Creation, LLC is awarded amounts due from Customer, Dynamic Creation, LLC shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys' fees), through trial and appeal. Dynamic Creation, LLC may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United Kingdom and Great Britain.

LIMITATION OF LIABILITY. Dynamic Creation, LLC's liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to Dynamic Creation, LLC under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall Dynamic Creation, LLC be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability.  This limitation will apply even if Dynamic Creation, LLC has been advised of, or is aware of, the possibility of such damages.

DISCLAIMER OF WARRANTIES .  Dynamic Creation, LLC specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.  Except as otherwise provided in this Agreement, any written materials by Dynamic Creation, LLC, or information on Dynamic Creation, LLC's web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

WEB HOSTING REFUND POLICY .   We offer a 7 day 100% refund policy. If within the first 7 days you are not 100% satisfied, we will refund the full amount of your web hosting purchase. You can cancel at any time. If you cancel after your first 7 days of web hosting, we will pro-rate the amount of your refund on month to month accounts only. If you prepay yearly or quarterly refunds are not available.

DOMAIN NAME REGISTRATION REFUND POLICY .   We do not refund any amount of a domain name registration. This is because once you submit a domain name through our system to be registered, it gets registered through the appropriate registrar and we are immediately charged for the domain. The registrars do not allow refunds for ANY reason so we must adopt the same policy.

SSL REFUND POLICY .   We do not refund any amount of a SSL license.

Any violations of the above policies will result in immediate suspension of services and/or termination of your virtual, dedicated or co-located server service. By entering into a hosting contract with Dynamic Creation, LLC you agree to be bound by these policies, terms and conditions.