DynastyNet's hosting is available to its users and channel owners at discounted pricing, we also provide accounts to those not affiliated with the network at higher rates. The following terms and conditions apply to all accounts hosted with DynastyNet.
Content
No copyrighted materials shall be stored on the web server unless you are the owner of the copyright or have written verifiable permission from the legal owner. This includes, but is not limited to, mp3s, movies, warez, and games. If you have created a level for a game and it doesn't violate any copyright law you may have that on your site. The same applies for original music and videos.
No adult content. Material deemed of an adult nature will be deleted and the account immediately suspended with no refund
No defamation or hate content. Defamatory content is subject to civil liability against the defamer and can bring legal action against those hosting the content.
This service shall not be used to distribute any "hacking" tools such as worms, trojans, viruses, or any other program which can compromise a system or disrupt/destroy other systems. Severe civil and federal penalties can result from such activity.
This service shall not be used to attack or deny service to any other machine or network. Severe civil and federal penalties can result.
The following will not be allowed.
- BNC or bounce programs.
- IRCd servers.
- IRC shell clients. Java chats will be allowed.
- Eggdrop bots.
- Any other process which runs in the background.
DynastyNet reserves the right to take legal action against the lessee of the account responsible for violations of content that bring losses or have an adverse affect on DynastyNet. The account will also be terminated and no refund given.
Service
DynastyNet agrees to enter a contract with the lessee for the time stated in the contract, which is dependant on the plan that is chosen at the time of signup. DynastyNet agrees to provide the hosting stated for the term of contract or offer a refund if it is unable to do so. In this event DynastyNet would refund on a pro-rated basis, your plan/12 = refund due, months already used will not be refunded. *Note this is different from the way a refund is considered if the user cancels the contract
If the user no longer wishes to be hosted with DynastyNet and is on a 6 month or 12 month contract DynastyNet will refund for the months left on the contract after the discount for a longer term contract has been subtracted from the remaining balance.
Example: John Doe purchases a one year agreement at $60 a year. John decides to cancel 7 months into the contract. We convert his account to a 6 month contract and a normal month to total 7 months. The cost would have been $47 if this is what he orignally purchased. Refund due would be $60 - $47 = $13. If during the conversion process money is owed, no money will be refunded and none will be collected.
DynastyNet requires that the nameservers for the domain that is being hosted be pointed to ns.dynastynet.net and ns1.dynastynet.net. No third party DNS hosting will be allowed. For the hosting to work correctly DynastyNet must be the DNS authority.
DynastyNet offers a 99% uptime guarantee on its services. If at anytime your site is down for more than 1% of the time throughout a month we'll refund you the pro-rated difference of the downtime. This does not include scheduled downtimes that are annouced to the mail list. Account owner is required to keep his email address updated in DirectAdmin for notifications.
Payment and payment options
DynastyNet accepts PayPal and money orders or cashiers checks only. In the future we may accept credit cards, and the TOS (Terms Of Service) will be changed to reflect that. Information where to send the money orders or cashiers checks will be given to you when the account is activated. PayPal payments will be accepted and that information will be sent to you when the account is activated.
Monthly accounts.
Monthly accounts will be prorated the first month from the 1st of that month, every month there after payment will be due on or before the 1st of the month. Accounts which are not paid by the 1st of the month will be kept online but the password to the site will be changed. If payment still has not been received by the 5th business day the site will be taken offline.
Contract accounts, 6 month and 1 year.
Contracted accounts will be due 6 months or 1 year to the day that your login information was sent for your account. 6 month contracts will be a term of 183 days. Notification will be sent to you approximately 15 days in advance of the time when payment is due. If payment has not been received by the anniversary date the account's password will be changed but the site will remain online for another 5 business days. If the lessee has not contacted DynastyNet and payment has not been received after 5 business days, the account will be taken offline.
Charges and penalties
Account owner is responsible for tracking their bandwidth and disk space usage via the DirectAdmin login provide with their account. DynastyNet will allow an account to exceed its bandwidth limit for one (1) month in a six (6) month period and only be charged the price listed for extra bandwidth in the Add-on section of the appropriate rate plan. If a site exceeds its bandwidth allowance for more than one (1) month, extra bandwidth will be charged at $5 per gig regardless if a full gig is used or not (1.001 gigs = 2 gigs used). This is to discourage people from just running over the bandwidth instead of upgrading to the next plan or adding on more bandwidth to their current plan so that we can budget our costs accordingly.
Any account that is more than 5 days late in making their payment will be charged an additional 10% late fee.
Any payments that are later returned for non-sufficient funds shall be charged 30% of the amount due, plus any fines incurred by the hosting company in attempt to collect on the debt.
Legal Liability
DynastyNet does not have the time or resources to check every file under every account and the content of every site hosted on this service. The legal responsibility of each site's content is placed upon the lessee (the person financially responsible for the account). It is their responsibility to ensure that the account meets the above requirements for content. If you believe that a site is in violation of any of the above requirements please email us and include the site's web address and what you believe is in violation of the above requirements.
If you are claiming a copyright violation please include the following.
- Identify the work(s) that are copyrighted and which site(s) have them.
- Proof that the work is yours (electronic signature etc).
- Complete information on how to contact you. Name, address, phone number etc.
- Under penalty of perjury, state that the complaint is accurate and that the complaining party is authorized to make the complaint.
Under federal law if you knowingly misrepresent that online materials are infringing on copyrights and such claims are proven to be false, you may be subject to civil penalties including but not limited to, monetary damages, attorney fees, and court costs incurred by DynastyNet. You may also be subject to criminal perjury. DynastyNet prosecutes false claims to the full extent of the law.
If any account violates this agreement in anyway the account will be terminated and no refund given. Legal action may also be taken at the discretion of DynastyNet if it has suffered any financial loss due to the willful violation of this agreement by the owner of the account. The owner of the account is responsible for checking this TOS often. DynastyNet will try to keep it's clients updated to policy changes but it is the lessee's responsiblity to insure that the account follows this TOS. When a new account is created the email submitted on the application will be added to a mailing list and this is the only place that notification of an update will be sent for most updates. However for major policy changes that would affect current accounts, notification of the policy change will be sent to the owner's email address on record. DynastyNet is not responsible for any actions taking if the email address on record or on the mailing list is no longer valid and not received by the owner. Owners will have 30 days from the time of notification to ensure their sites meet the current guidelines, after 30 days the account will be taken offline and the owner will have 5 days to contact DynastyNet before the account is canceled, no refund will be given.
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