Terms of Service

Terms Of Service

The use of services from NetDynamics24.com, [hereafter referred to as "NetDynamics LLC"] constitutes agreement to these terms. You may view our Privacy Policy here.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with NetDynamics LLC, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. NetDynamics LLC is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact us via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our support team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some very rare cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee.

Content

All services provided by NetDynamics LLC may only be used for lawful purposes. The laws of the State of New Mexico, and the United States of America apply.
The customer agrees to indemnify and hold harmless NetDynamics LLC from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact us with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all hosting plans include:

Examples of unacceptable material on all Dedicated servers include:

NetDynamics LLC services, including all related equipment, networks and network devices are provided only for authorized customer use. NetDynamics LLC systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of NetDynamics LLC system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. NetDynamics LLC may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on NetDynamics LLC's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. NetDynamics LLC is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like NetDynamics LLC and many of NetDynamics LLC's other webhosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, NetDynamics LLC should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under NetDynamics LLC's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the FBI.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated without any refund and without any notice. Even if the account sends spam within the first month of starting service with us, the account will be terminated without refund.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
NetDynamics LLC reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
NetDynamics LLC reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of NetDynamics LLC.

Payment Information

You agree to supply appropriate payment for the services received from NetDynamics LLC, in advance of the time period during which such services are provided. You agree that until and unless you notify NetDynamics LLC of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done online, prior to the due date and at least 7 days before.
As a client of NetDynamics LLC, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify NetDynamics LLC of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by NetDynamics LLC. NetDynamics LLC reserves the right to bill your credit card or billing information on file with us. NetDynamics LLC provides a 14 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 14 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to NetDynamics LLC for services rendered. Access to the account will not be restored until payment has been received.
Domain renewals are billed and renewed 7 days before the renew date. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Accounts that are 30 days past due will be automatically deleted from our servers, if you wish to activate an account over 30 days past due, there will be a $25.00 fee to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.
Any chargebacks against NetDynamics LLC will occur a $150 chargeback fee.

Backups and Data Loss

Your use of our backup service is at your own sole risk. Our backup service runs many times per week, overwrites any of our previous backups made, and multiple backups are kept (daily, weekly, monthly, etc). This service is provided to you as a courtesy. NetDynamics LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain your own backup of files and data stored on NetDynamics LLC servers. In certain circumstances we have discovered that some websites do not generate backup files properly on the NetDynamics LLC servers. This is usually the result of having unusual file permissions on your data. When this happens NetDynamics LLC will not be responsible for your backups. We strongly urge clients to download their own backup files in case this situation arises.
NetDynamics LLC's multiple remote backups is a free bonus that we provide to all customers. We cannot guarantee the integrity of your data. While we will make every effort to protect your data, we make no guarantees and will not be held accountable if there is a problem with the integrity of your backup files.

Cancellations and Refunds

NetDynamics LLC reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund. Customers may cancel at any time by contacting us. NetDynamics LLC gives you an initial 30 day money back guarantee on semi-dedicated plans.
NetDynamics LLC reserves the right to partially refund in some cases, excluding the transaction fees or other fees.
The 30 days money back guarantee only applies during your first 30 days of our service with us. There are no refunds on dedicated servers, administrative fees, install fees for custom software, dedicated IPs, or domain name purchases. Only first-time accounts are eligible for our money back guarantee. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. After the initial 30 days (your first 30 days of service), no refunds will be issued. If you've set up an automatic payment subscription through Paypal, it can only be cancelled by you. If you do not cancel your automatic payment subscription, we will not be responsible for it and you will not be entitled to a refund. This is strictly under our client's control and we will not be responsible for your subscriptions. Violations of the Terms of Service will waive the refund policy.

Resource Usage

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on all hosting plans.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 5 minutes.
Run any MySQL queries longer than 90 seconds. MySQL tables should be indexed appropriately.
Connect their account to a remote database. In other words, if you are using any of our hosting plans, you must run your programs from a database located on our servers and not from any remote database.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
NetDynamics LLC will not activate new orders or activate new packages for customers who have an outstanding balance with NetDynamics LLC. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by NetDynamics LLC in writing.

Uptime Guarantee

If your server or your hosting has a physical downtime that is not within the 99.99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of NetDynamics LLC dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. NetDynamics LLC does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. NetDynamics LLC will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on NetDynamics LLC, and the right to increase the amount of resources given to plans at any time.

Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold NetDynamics LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against NetDynamics LLC, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless NetDynamics LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with NetDynamics LLC; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from NetDynamics LLC's server.

Arbitration

By using any NetDynamics LLC services, you agree to submit to binding arbitration. If any disputes or claims arise against NetDynamics LLC or its subsidiaries, such disputes will be handled by an arbitrator of NetDynamics LLC's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New Mexico. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

NetDynamics LLC shall not be responsible for any damages your business may suffer. NetDynamics LLC makes no warranties of any kind, expressed or implied for services we provide. NetDynamics LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by NetDynamics LLC and its employees.

Disclosure to law enforcement

NetDynamics LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

NetDynamics LLC reserves the right to revise its policies at any time without notice.