Dynamic Image Web Design/Dynamic Image Web Hosting
Terms of Service
You must accept these terms of service in order to use our web hosting or any other service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers. Read these terms of service carefully.
1.) Suspension
Violation of these terms of service could result in suspension or termination of your hosting account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered, however incoming emails will be rejected. Accounts found to be running a script which is causing a very high cpu load or mail script being used to send spam will almost always be suspended without notice to prevent further damage. Poorly written scripts must be removed in order for us to restore your service. Reports of spam are taken very seriously usually resulting in immediate account suspension and investigation without notice. We reserve the right to suspend any or all accounts held by you without notice if we deem it necessary to do so.
2.) Scope of Service
Our servers and pricing has been designed to be low cost and therefore, in that spirit we are simply providing basic http, mail & ftp level hosting services. This means that applications or scripts set up by users to run on the server which cause high cpu load may be asked to move to a dedicated server.
High CPU load is defined as using an average of more than 2% of the server processor in a 24 hour period beginning and ending at midnight, as determined by our server.
Script support or other "how-to" services are not provided. It is the responsibility of the user to become learned in setting up and administering their account including script installs, file permissions, uploading procedures, etc. All script engines are checked many times per day to be sure that they work server wide. Support will be strictly limited to making sure that running scripts is possible by running our test script.
3.) Limitation of Liability
You expressly understand and agree that Dynamic Image Web Design/Dynamic Image Web 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 Image Web Design/Dynamic Image Web Hosting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
4.) Content
All services provided by Dynamic Image Web Design/Dynamic Image Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Dynamic Image Web Design/Dynamic Image Web Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
4.1) Pornography and sex-related merchandising are prohibited on any Dynamic Image Web Design/Dynamic Image Web Hosting server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Dynamic Image Web Design/Dynamic Image Web Hosting servers or any other server on the internet. Links to such materials are also prohibited.
4.2) You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
4.3) The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Dynamic Image Web Design/Dynamic Image Web Hosting is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, our servers.
5.) Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Pornography
Illegal or Pirated Music or Video Files
Racially or Ethnically Insulting
Dynamic Image Web Design/Dynamic Image Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled immediately and any resulting monetary damages to us will be multiplied by a factor of two (2) and charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI chat rooms. These tend to be large system hogs and we cannot allow it as a account option. We do provide a choice of JAVA chat rooms free of charge that more than fill your needs and run without hindering the performance of the machine for others.
7.) Background running programs
We may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be operated on our servers. Examples include but are not limited to:
- Any IRC Bouncers such as, but not limited to, psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots or proxy servers will be suspended forever.
9.) SSH (secure shell)
Secure shell access is available to customers by request. SSH is not set up by defaut.
10.) Discussion Forum Scripts
We have recently had issues with popular websites and their associated discussion scripts. To protect all users please use the following guidelines. You are encouraged to use PHP MySQL based discussion scripts whenever possible. Flat file discussion scripts such as Ultimate Bulletin Board (UBB) are not allowed. Scripts which are found to be using excess system resources will be asked to move to a dedicated server or be disabled. This is to protect all users on our servers.
11.) BANNED SCRIPTS
The following are scripts which either cause a great load on our servers and/or pose a serious security risk, therefore can not be run on our servers:
Matt Wright's Formmail (EXTREMELY INSECURE PROGRAM - contact us for an alternative)
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they have at one time been installed by customers and have had a serious impact on the rest of our user accounts. If we find these scripts running on our servers, they will be removed immediately without prior notice. If these banned scripts are reinstalled, Dynamic Image Web Design/Dynamic Image Web Hosting reserves the right to cancel your hosting account immediately, with no refund for the unused portion of your hosting term.
12.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from a Dynamic Image Web Design/Dynamic Image Web Hosting server or using an email address that is maintained on a Dynamic Image Web Design/Dynamic Image Web Hosting machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a Dynamic Image Web Design Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. Dynamic Image Web Design/Dynamic Image Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority. If you wish to report abuse send all details and headers to info@diwd.com as soon as possible.
12.1) Bulk Email Schemes
Safelists (safe lists) or mutually accepted email schemes or the voluntary acceptance of bulk email put an extremely high load on our servers. Using our servers to send or accept spam type or junk email in mass quantities for pay (or free) is expressly forbidden.
12.2) Other Mail
Outgoing mail from our servers is pre-set with a hard limit of 1000 per hour, this includes all outgoing SMTP and Mailing Lists. Maximum POP3 mailbox checking is limited to once each 60 seconds per email account.
13.) Server abuse
Any attempts to undermine or cause harm to a Dynamic Image Web Design/Dynamic Image Web Hosting server or customer of Dynamic Image Web Design/Dynamic Image Web Hosting is strictly prohibited. No user is allowed to use more than 15% of the server's resources. In the event there is a problem the account holder will be notified. If the user continues to use more than 15% of the server's resources the account will be suspended.
14.) Damages
If you violate these terms of service and it results in damage to our servers or causes Dynamic Image Web Design/Dynamic Image Web Hosting any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.
15.) Liability
Dynamic Image Web Design/Dynamic Image Web Hosting is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. Dynamic Image Web Design/Dynamic Image Web Hosting will however, do everything within it's power to assure that each and every client site is up as consistently as possible.
16.) Website Operability
Dynamic Image Web Design/Dynamic Image Web Hosting constantly updates server software and security settings based upon internal and external conditions which can change without notice. For this reason it is usually not feasible to announce some changes in advance, especially where server security is involved. While most changes go completely unnoticed by our customer occasionally a security or server change will break a website's functionality. It is the responsibility of the website developer to create his website to function within our server environment and we cannot troubleshoot, edit, or attempt to fix any website which cannot run in our server environment.
17.) Indemnity
You agree to indemnify and hold Dynamic Image Web Design/Dynamic Image Web Hosting, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
18.) Web Host Billing
Dynamic Image Web Design/Dynamic Image Web Hosting's billing period is on an annual basis unless otherwise agreed to in writing. Web Hosting for new accounts is due 10 days from invoice date. For existing accounts and renewals, the due date is 30 days from invoice date. Any additional charges such as extra bandwidth, email or storage needs will be billed at the end of the month they are incurred, and are due 10 days from billing date. Each account will be automatically renewed and billed for the total annual amount due, until email or other written notice of cancellation is received and confirmed. If the check/money order/credit card authorization for payment is not received by the invoice due date, the account will be subject to suspension without notice until payment is received. When the account becomes 15 calendar days past due it will be subject to deletion without advance warning. Deleted/suspended accounts will not have the service term extended by the suspension period and will only be reinstated at the sole discretion of Dynamic Image Web Design/Dynamic Image Web Hosting. Reinstatement of a deleted account will incur an additional $25 reinstatement fee, to be paid in full by means of guaranteed funds before hosting service resumes. Dynamic Image Web Design/Dynamic Image Web Hosting will re-upload a website (at their sole discretion) and recreate all emails to a deleted account after reinstatement upon receipt of a $50 upload fee (in addition to the $25 reinstatement fee) to be paid in advance and only if Dynamic Image Web Design created the website as displayed before deletion occurred. These parameters can be changed or adjusted, depending on situation, at the sole discretion of Dynamic Image Web Design/Dynamic Image Web Hosting without loss of ability to enforce this clause at any time.
19.) All Other Billing
If Dynamic Image Web Design/Dynamic Image Web Hosting has an account that is past due for ANY invoiced service, one or all of the following may occur until payment is received: 1) hosting (if supplied by Dynamic Image Web Design) may be suspended at any time without advance warning. 2) all changes included on the affected invoice will be removed and website will be posted as it appeared before the changes were made. If payment for any service is not received within 15 days of Invoice due date, web hosting (if supplied by Dynamic Image Web Design) is subject to immediate termination without advance warning and a $50 re-upload and $25 reinstatement fee will apply in addition to any other late charges. Dynamic Image Web Design will not re-upload any site that was not created by Dynamic Image Web Design. These parameters can be changed or adjusted, depending on situation, at the sole discretion of Dynamic Image Web Design/Dynamic Image Web Hosting without loss of ability to enforce this clause at any time.
20.) Returned Checks
Any and all returned checks, regardless of reason, will impose additional fees of $50.00 per check, plus collection, filing and legal costs. The customer will be notified immediately via email and/or phone call, and Web Hosting service will be suspended immediately until the entire account is paid in full with guaranteed funds, including all additional reinstatement and returned check fees. After 10 calender days of suspension due to a returned check, the account will be deleted and reinstatement will no longer be an option.
21.) Refunds:
While we will do everything in our power to make your hosting experience with us as satisfactory as possible, we can in no way please everyone all the time. We reserve the right to use our business discretion in all refunds, however we will always retain an amount of $20/month for each full (or partial) month of hosting provided plus a $20 cancellation fee unless a violation of our terms of service has occured, in which case no refund will be issued.
22.) Canceling Web Hosting Service
To cancel web hosting service, email info@diwd.com indicating that you wish to cancel service. Please supply your account username and password for verification purposes, or we will need to verify via email for your protection. We will delete your account at the end of its current billing cycle for the domain name(s).
| 
