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This agreement documents the terms of service for web accounts provided by DynaNet Network Services (hereinafter 'Dynanet') to the account holder.
- The account holder is responsible for the actions of all account users.
- Any use which interferes with the server's ability to function, including but not limited to its primary purpose of publishing web documents, is prohibited.
- Dynanet Network Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Dynanet Network Services may not use or permit others to use our network to transact in UCE. Customers of Dynanet Network Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Dynanet's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Dynanet will initiate an immediate investigation (within 48 hours of notification). During the investigation, Dynanet may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dynanet may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Dynanet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dynanet will notify law enforcement officials if the violation is believed to be a criminal offense.
Please note that if you do any mass-mailing you MUST properly identify the source of the e-mail, additionally you MUST supply an easy and concise method for the recipient to remove themselves from your mailing lists. Any further contact between you and the person who requested removal will be considered SPAM and may result in termination of your hosting account. All mass-mailing lists you use MUST be opt-in only, you cannot use so called "targeted" e-mail services or e-mail CD services for mass-mailing purposes with our accounts.
- Use of the Dynanet facilities to provide software or lists for mass mailing
unsolicited email is prohibited.
- Use of the Dynanet facilities to commit network abuse (including, but not
limited to, denial of service (DOS) attacks including, but not limited
to, ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop",
etc.) or otherwise compromise the security of hosts or networks is
prohibited.
- All data stored or transmitted must be legal under all applicable
Canadian laws. The account holder is solely responsible for determining
the legality of their data which is stored or transmitted. Dynanet assumes
no liability for any and all data stored or transmitted by any account
holder.
- Should the account holder become the target of a network attack, Dynanet
reserves the right to take any and all necessary actions (including, but
not limited to, temporary suspension of the account holder's account)
required to return server or network operation to normal.
- While Dynanet employs its best efforts to maintain the integrity of data
and communications including, but not limited to, email, network use,
and the contents of user directories, Dynanet makes no assurances,
guarantees, or warranties with regard to the privacy of any and all
aforementioned information and communications.
- Use of the Dynanet services, including, but not limited to, the storage of
information, is at the sole risk of the account holder. Dynanet does not
warrant or guarantee either the results to be obtained from the service
or that the service will be uninterrupted or error free. Dynanet's services
are provided on an "as is" basis without warranties of any kind, either
express or implied. Neither Dynanet nor anyone else involved in creating,
producing, or delivering Dynanet's services shall be liable for any direct,
indirect, incidental, special or consequential damages arising out of
the use of Dynanet, the inability to use Dynanet, or any breach of any warranty.
The provisions of this paragraph will survive termination of this
agreement.
- The account indemnifies and hold harmless Dynanet against any and all
loss, damage, cost, and expense which Dynanet may incur or become liable for
by reason of claims or actions for including, but not limited to,
slander, defamation, libel, violation of privacy rights, plagiarism,
copyright infringement, and claims arising in connection with data
transmitted pursuant to the terms and provisions of this agreement and
any claims or suits resulting from the account holder's use of the
service including, without limitation, the expense and cost of defending
any and all such claims and actions, except where such claims result
solely from the negligence of DynaNet Networks Services failure to perform
its obligations under this agreement. The provisions of this paragraph
shall survive termination of this agreement.
- If Dynanet is informed of an alleged copyright or trademark infringement
involving an account, Dynanet will attempt to notify the account holder of
those allegations and secure a response. Dynanet may, in its sole
discretion, remove or terminate the account containing, on a temporary
or permanent basis, materials which Dynanet believes may create, constitute,
or contribute to copyright or trademark infringements. The account
holder expressly waives the right to assert any claims against Dynanet for
any such removal or termination.
- Dynanet invoices account holders monthly. Payment is due 15 days after
the invoice date. Overdue accounts may be terminated or suspended at
Dynanet's sole discretion. Dynanet reserves the right, at its sole discretion,
to issue special invoices when the balance due will be more than $100
(Canadian funds) over the base monthly service fee. A late payment fee will
be assessed on all accounts at a rate of 24% per annum (2% monthly).
- Dynanet may terminate service to the subscriber at any time, without
notice, for violation of this agreement. Dynanet is not responsible or
liable for any damages or harm to the account holder resulting from such
termination.
- The account holder may terminate their account at any time by
notifying Dynanet via email to accounts@dynanet.ca, or by postal
mail to DynaNet Network Services, 1245 Westurne Heights Road, Qualicum Beach, BC, V9K-1V6, Canada.
- Use of a Dynanet account indicates acceptance of the terms of this
agreement by the account holder.
- Dynanet reserves the right to periodically update this agreement. By
continuing to hold an account with Dynanet, the account holder consents to
be bound by any and all modifications to this agreement.
- This agreement shall be governed by and construed in accordance with
the laws of the Province of British Columbia, Canada, and, where
applicable, by Canadian federal legislation. In the event of any
dispute, legal or otherwise, between Dynanet, the account holder, and any
third party, the account holder agrees that the matter shall be resolved
in British Columbia.
- This agreement contains the full understanding of the parties with
respect to the subject matter hereof. Any email correspondence with the
account holder which is in any way inconsistent with, or which adds to,
the provisions of this agreement is null and void.
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