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Terms of Use

Terms of Services
Revision date: November 8, 2009

All services provided by Dynamic Producer ("Dynamic Producer") 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 statute. The subscriber agrees to indemnify and hold harmless Dynamic Producer from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Dynamic Producer' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Dynamic Producer WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and in the event that traffic is exceeded, Dynamic Producer will contact customer and/or take any necessary teps to decrease excess amount.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Dynamic Producer is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Dynamic Producer must adhere to the above policies, with the exception of system resources in respect to dedicated servers.


Billing

By the Account Activation Date of each month, Dynamic Producer shall:
(1) debit the client's credit card via Paypal (when such information has been provided by the client)
(2) deliver, by e-mail or regular mail, a paid receipt in accordance with the applicable Service Fees for services rendered for the current year. 

Terms of Services
Revision date: November 8, 2008

All services provided by Dynamic Producer ("Dynamic Producer") 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 statute. The subscriber agrees to indemnify and hold harmless Dynamic Producer from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Dynamic Producer' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Dynamic Producer WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.


Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Dynamic Producer is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Dynamic Producer must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Dynamic Producer shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail, a paid receipt in accordance with the applicable Service Fees for services rendered for one year from the date of inception. All credit cards and/or Paypal accounts are billed automatically on a yearly basis. It is the client's responsibility to remember the renewal date and ensure that they have sufficient credit to cover this transaction.   In the event that there is insufficient credit, Paypal will send an e-mail notification, at which point the account will be suspended.  In the event that the customer wishes to cancel the upcoming membership renewal, the customer must login to the website and submit a support ticket 7 business days before the renewal is scheduled to draft the account with appropriate email addressed to make payment, username, password and renewal date so that Dynamic Producer can cancel the account.  

Money back guarantee & refund policy
We do not provide refunds for any products, services, membership subscriptions, or event registrations under any circumstances.   For example, if your membership subscription is yearly and you request a refund after your account is automatically renewed the following year, no refunds will be admitted. No refunds are issued for event registrations.  For cancelled or post posed events, Dynamic Producer will allow event registration fee's to be applied to future events.  In case of AUP violations, any and all refunds are forfeit.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Dynamic Producer shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Dynamic Producer ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Dynamic Producer shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Dynamic Producer ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Dynamic Producer cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Dynamic Producer are resold. Thus, certain equipment, routing, software and programming used by Dynamic Producer are not directly owned or written by Dynamic Producer. Moreover, Dynamic Producer holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Dynamic Producer sees fit.

Account Activation
By activating your account with Dynamic Producer, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee

Although Dynamic Producer has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Dynamic Producer reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

Service Fees
Certain services carry a setup fee charged by Dynamic Producer to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Dynamic Producer and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Limitation of Liability


Dynamic Producer shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Dynamic Producer ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Dynamic Producer shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Dynamic Producer ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Dynamic Producer cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Dynamic Producer are resold. Thus, certain equipment, routing, software and programming used by Dynamic Producer are not directly owned or written by Dynamic Producer. Moreover, Dynamic Producer holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Dynamic Producer sees fit.

Account Activation
By activating your account with Dynamic Producer, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee


Although Dynamic Producer has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Dynamic Producer reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy
Revision date: November 8, 2008

As a provider of web site hosting and other Internet-related services, Dynamic Producer offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Dynamic Producer respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Dynamic Producer reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Dynamic Producer has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Dynamic Producer' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Dynamic Producer cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Dynamic Producer cannot monitor or censor the Internet, and will not attempt to do so, Dynamic Producer cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Dynamic Producer does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Dynamic Producer' network and may reach a large number of people, including both subscribers and non-subscribers of Dynamic Producer, subscribers' postings to the Internet may affect other subscribers and may affect Dynamic Producer' goodwill, business, reputation or operations. For these reasons, subscribers violate Dynamic Producer policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Dynamic Producer, but also because it can overload Dynamic Producer' network and disrupt service to Dynamic Producer' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Dynamic Producer will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Dynamic Producer reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Dynamic Producer choose to pursue and prosecute.

Audio/Video Streaming / Large File Policy:
Dynamic Producer may allow streaming of audio and/or video content Audio/Video Streaming.  However, Dynamic Producer' subscribers release all liability from Dynamic Producer for any illegal or misproper use of any files uploaded.

Adult-Oriented Content:
Dynamic Producer does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials:
Using Dynamic Producer' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Dynamic Producer is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Dynamic Producer' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Dynamic Producer reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Dynamic Producer determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Dynamic Producer will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Dynamic Producer' policy or applicable law. However, when Dynamic Producer becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Dynamic Producer.

Dynamic Producer is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Dynamic Producer' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Dynamic Producer does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Dynamic Producer reserves the right to directly take action against a customer of its subscribers. Also, Dynamic Producer may take action against the Dynamic Producer' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Dynamic Producer anticipates that subscribers who offer Internet services will cooperate with Dynamic Producer in any corrective or preventive action that Dynamic Producer deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Dynamic Producer policy.

Dynamic Producer will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Dynamic Producer may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Dynamic Producer may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Dynamic Producer assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Dynamic Producer may disclose subscriber information or information transmitted over its network where necessary to protect Dynamic Producer and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Dynamic Producer will never sell information to other services or outside companies.

Dynamic Producer expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Dynamic Producer policy. Finally, Dynamic Producer wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Dynamic Producer for any violation of the Service Agreement, law or Dynamic Producer policy resulting in loss to Dynamic Producer or the bringing of any claim against Dynamic Producer by any third party. This means that, if Dynamic Producer is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Dynamic Producer, plus costs and reasonable attorney's fees.


We hope this AUP is helpful in clarifying the obligations of Internet users, including Dynamic Producer and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .