The use of services provided by Digital Dynamo Solutions [hereafter referred to as “Digital Dynamo”] is subject to the following Terms and Conditions.
The operative parties referred to in this Agreement are defined as follows:
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS.
BY SUBSCRIBING TO DIGITAL DYNAMO’S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “AGREEMENT”). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK “I ACCEPT,” OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET‐UP PROCESS. YOU SHOULD PRINT‐OUT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE “BACK” BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO DIGITAL DYNAMO’S SERVICES. DIGITAL DYNAMO AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. ANY USE OF DIGITAL DYNAMO’S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
1.1
At the time of initial registration, You will select from the list of available services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Digital Dynamo. Your subscription to the Services will be deemed accepted by Digital Dynamo when Digital Dynamo delivers a confirmation of the subscription to You. Digital Dynamo reserves the right to refuse to provide You with any Service for any reason. Digital Dynamo also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then‐current fees for such additional services. All additional services shall be considered “Services” hereunder. All Services provided are subject to the terms and conditions of this Agreement.
1.2
For purposes of this Agreement, the following categories of Services are applicable:
This Agreement contains the complete and entire terms and conditions that apply to Your use of Digital Dynamo’s Services (as defined below). Digital Dynamo may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1
From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2
We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement. You agree to periodically revisit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed.
2.3
Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the “last modified” date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4
Waiver – If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
2.5
Incorporations by Reference – Although this Agreement represents the primary terms and conditions of service for Digital Dynamo’s Services, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
3.1
The Initial Term shall begin upon the date that You receive Your account login information from Us. The term’s length is chosen by You and shall be indicated when You order Our Services. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2
This Agreement may be terminated by either party any time prior to the billing period ending cycle (Clients must use the Cancellation Request Form found at http://myaccount.yourdigitaldynamo.com/), or by Digital Dynamo in the event of nonpayment or violation of terms of service by You at any time, without notice, if in Digital Dynamo’s sole judgment You have in any way breached this Agreement (“Termination for Cause”).
3.3
Dedicated Server cancellation requires a thirty (30) day notice in writing via email and an official cancellation via the Client Area of the Support Portal.
3.4
Digital Dynamo may also terminate this Agreement in its sole discretion at any time for any or no reason (“Termination without Cause”). In such case, Digital Dynamo will provide You with thirty (30) days written notice before the discontinuation of Services.
3.5
If Digital Dynamo cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.4, Digital Dynamo shall not refund to You any fees paid or prepaid in advance of such cancellation, and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Digital Dynamo terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable.
3.6
Cancellations must be done in writing via the Client Area of the Support Portal. We require You to cancel in writing so that We can confirm Your identity and to confirm with You that You are prepared for all of Your content to be removed from Our servers. Once We receive Your cancellation and have confirmed all necessary information with You via email, We will inform You via email to the email address on file that Your account has been canceled. If You do not receive the confirmation email within twenty-four (24) hours after submitting Your cancellation request, please contact Us immediately via phone.
3.7
Prepaid hosting customers who wish to cancel will be refunded only the remaining balance of their service. This balance is calculated using the difference between Your original payment and the amount of usage as of the date of the cancellation request. Usage is billed at the plan’s regular monthly rate.
3.8
Cancellation of any account which included a “free domain name” will result in that customer being charged the full price for each domain name. Domain name pricing will be determined as of the date of the cancellation request.
3.9
For any Virtual/Shared hosting and/or Reseller Clients who paid the first invoice with a credit card or with PayPal®, Digital Dynamo gives You an unconditional “Any Time Money Back Guarantee.” If Web Hosting/WordPress Hosting or Reseller clients are not completely satisfied with Our Service, You will be given a full refund for any unused time. You must cancel via the Client Area of the Support Portal to take advantage of this guarantee. The following payment methods are non‐refundable, and any refund attempt for Clients using these methods of payment will result in a credit posted to the hosting account: bank wire transfers, checks, and money orders. Refund requests for Virtual/Shared and Reseller accounts after the initial thirty (30) days will be treated as a cancellation request, with any prepaid fees refunded on a prorated basis of any unused time.
3.10
Only first-time customers of Digital Dynamo are eligible for any refund or guarantee offered by Us. If You previously had an account with Digital Dynamo and cancelled it, any and all subsequent accounts will not be eligible for a refund. All refunds are granted at Our sole discretion, and all refund decisions are final.
3.11
IMPORTANT: Digital Dynamo does not offer refunds for Dedicated server accounts, installation and set-up fees, administrative fees, service add-ons such as Certified Protection and additional IP addresses, or domain name purchases/registrations.
3.12
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
3.13
Any violations of this Agreement or any other Digital Dynamo policy will result in Your waiver of any right You may have had to any refunds.
3.14
Domain name transfers: Domain names registered through Us are eligible for transfer to third-party registrars sixty (60) days after registration with Us. Prior to eligibility for transferring a domain name, You may update the domain name server address to point to third parties.
4.1
When You register for the Services, Digital Dynamo will ask You to select a user ID and a password. You may use the Services or modify Your information, data, and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2
You must provide Us with a primary email address that is not part of any domain hosted by Us. All notices and communications between Us will be sent to this email address You provide, and You are therefore required to keep this address current or update Your account profile if Your address changes. It is also Your responsibility to make sure that Our domain(s), including digitaldynamo.com, are not included in any spam block list used by You or Your mail provider.
4.3
Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3.2 of this Agreement.
4.4
For Dedicated server or other high-risk accounts, You must supply a copy of a valid government identification card and a scanned copy of the credit card used to open Your account. If You do not provide these documents in the time frame requested, Your order may be denied.
4.5
You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a website and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Digital Dynamo’s site and/or equipment, and any other site.
4.6
If You have an existing site that You are migrating to Digital Dynamo, We may elect to assist You with moving Your site’s files and getting Your site up and running. This service is purely at Our discretion, and We make no guarantees that Your site will be compatible with Digital Dynamo. Due to the proprietary nature of some hosting platforms, it may not be possible to migrate any or all of Your old site.
All Services provided by Digital Dynamo may only be used for lawful purposes.
5.1
As between You and Digital Dynamo, Digital Dynamo acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audiovisual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your website (“Your Content”). You hereby grant to Digital Dynamo a non‐exclusive, worldwide, and royalty‐free license to copy, make derivative works, display, perform, use, broadcast, and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Digital Dynamo to perform its obligations hereunder.
5.2
In connection with performance of the Services and at the sole discretion of Digital Dynamo with no obligation, Digital Dynamo may provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Digital Dynamo or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know‐how, methodologies, equipment, and processes used by Digital Dynamo to provide You with the Services (“Host Materials”). Subject to the terms and conditions of this Agreement, Digital Dynamo hereby grants You a limited, revocable, non‐transferable, non‐exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and Digital Dynamo, You acknowledge and agree that Digital Dynamo owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark, and other intellectual property rights therein. Any use of the Host Materials is not licensed and is strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from Digital Dynamo.
5.3
This Agreement does not constitute a license to use Digital Dynamo’s trade names, service marks, or any other trade insignia. Any use of any of Digital Dynamo’s trade names, service marks, or any other trade insignia shall be subject to Digital Dynamo’s prior written consent.
5.4
As a specific matter – You are not permitted to register any Uniform Resource Locator (URL) or world wide web address that contains any of Our trademarks or URLs or that contain any terms that are confusingly similar to Our trademarks or Our URLs.
5.5
You may not register any URL or world wide web addresses that consist of, or contain, common or likely misspellings of Our trademarks or Our URLs.
5.6
If You are unclear as to whether a URL You wish to register would be a violation of this provision, You are invited to contact Us. Upon receipt of Your request, We will issue a determination to You within thirty (30) days.
5.7
If You do not receive a response within thirty (30) days, You should consider registration of the URL to be a violation of this Agreement and You should not register the URL.
5.8
If You violate this Agreement, You will immediately transfer the offending URL to Us upon demand, and You agree to pay Us $5,000 in stipulated liquidated damages for each URL registered in violation of this Agreement.
5.9
You specifically agree to pay these liquidated damages. In agreeing to pay these liquidated damages, You acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate appropriate compensation based on anticipated actual damages.
5.10
If We are required to enlist the assistance of an attorney or other person to collect any liquidated damages or any other amount from You, or if We are required to seek injunctive relief, or file an ICANN complaint to bring about a URL transfer, You agree to reimburse Us for all related fees and costs.
5.11
You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
5.12 DMCA COMPLIANCE
We respect the intellectual property of others, and We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent with the following information:
⦁ A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
⦁ B. A description of the copyrighted work or other intellectual property that You claim has been infringed.
⦁ C. A description of where the material that You claim is infringing is located on the Services.
⦁ D. Your physical address, telephone number, and email address.
⦁ E. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
⦁ F. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send Your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
Walters Law Group
781 Douglas Ave.
Altamonte Springs, FL 32714
Fax: (407) 774‐6151
Email: Notice@DMCANotice.com
Please do not send other inquiries or information to Our Designated Agent.
5.13 DMCA COUNTER-NOTIFICATION PROCEDURE
If the Recipient of a Notice of Claimed Infringement (“Notice”) believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.
A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause claims to be brought against Us relating to the Content.
To submit a counter-notification, please provide Our Designated Copyright Agent the following information:
Written notification containing the above information must be signed and sent to:
Lawrence G. Walters, Esquire
Walters Law Group
781 Douglas Ave.
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Alternately, to email the above information, You must electronically sign the email and send it to:
Notice@DMCANotice.com
Do not send any other information or material to the DMCA Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the entity who first provided the original Notice.
Additionally, within ten to fourteen (10–14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
Digital Dynamo reserves the right to modify, alter, or add to this policy, and all users should regularly check back to stay current on any such changes.
6.1
You agree to comply with the content and acceptable use provisions found in this Agreement. Digital Dynamo reserves the right to modify this Agreement at any time by posting the modified policy on its website. You agree to monitor Digital Dynamo’s homepage for any changes to this Agreement.
6.2
Digital Dynamo may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users’ or downstream customers’ conduct violates such acceptable uses.
6.3
We will not actively monitor the content of the websites hosted by Us, although We, at Our sole discretion, may elect to electronically monitor Our network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or governmental request, or to properly operate Our network and protect any of Our customers.
Digital Dynamo will investigate complaints of a violation of a third-party right or of any portion of this Agreement. Digital Dynamo will cooperate with those attempting to minimize Internet abuse and reserves the right to institute “filters” or other mechanisms for that purpose. Digital Dynamo will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities.
6.4
You acknowledge and expressly agree that Digital Dynamo will not be liable to You or any of Your end users for any action Digital Dynamo takes to remove or restrict access to the Services for any alleged violation of this Agreement, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996, Section 230 of the Communications Decency Act, or under the Digital Millennium Copyright Act of 1998.
You may not use the Service to:
Digital Dynamo reserves the right to immediately suspend or terminate any account in violation, especially if illegal activity or public welfare concerns are involved.
6.5
Digital Dynamo has a zero tolerance policy toward content that may be perceived as child pornography. Any content or linking to such content will result in immediate termination without notice. In the case of reseller accounts, the reseller will be instructed to terminate the violating account. We will report violations to law enforcement.
6.6 Section 230 Notice:
You agree to take precautions to prevent minors from accessing harmful content on Your site. You are responsible for any content displayed and agree to take steps (including the use of commercial filters) to restrict minors from such content. Pursuant to the Communications Decency Act (CDA), 47 U.S.C. § 230(c)(1), Digital Dynamo is not liable for the publication of third-party content and retains immunity under the CDA. We may remove content we find to be in violation without impacting our legal immunity.
6.7
We respect the intellectual property rights of all parties and have adopted a Repeat Infringer Policy in compliance with the DMCA. Copies of this policy are available to customers upon request.
7.1
You agree to comply with Digital Dynamo’s Anti-Spam Policy, which may be found at: http://digitaldynamo.com/policies/antispam
This policy is hereby incorporated by reference as an essential part of this Agreement.
7.2
Digital Dynamo reserves the right to modify the Anti-Spam Policy at any time by posting the updated policy on its website. You agree to regularly monitor Digital Dynamo’s homepage and policy pages for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes Your acceptance of such changes.
8.1
Payment for Services is due in advance of the time period for which such payment covers. Services are billed on an automatic and recurring basis unless and until You follow Digital Dynamo’s cancellation procedure set forth in this Agreement.
8.2
You must keep all payment information current to avoid late and/or missing payments. We provide a 10-day grace period from the date Your invoice is created until the time Your payment is due. Any payment received after the 10-day grace period is considered late and will result in a $10.00 late fee and/or suspension of Your account until Your balance is paid in full.
8.3
Digital Dynamo is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, or any and all other fees Your financial institution may impose due to Your use of the Services.
You agree to pay any taxes, including personal property, value-added, or sales taxes, resulting from Your use of the Services.
If Digital Dynamo should receive less than full payment due to taxes, bank charges, transfer fees, or similar issues, Digital Dynamo will invoice You for the difference.
You agree to pay all attorney and collection fees arising from our efforts to collect past due fees, to the extent allowed by law.
8.4
Any overpayment due to multiple PayPal® subscriptions will be applied toward future invoices and will not be refunded via PayPal®.
8.5
Subject to specific provisions within this Agreement, Digital Dynamo reserves the right to change monthly fees or charges at any time.
8.6 Coupons and Discount Codes
From time to time, Digital Dynamo may offer coupons or other discount codes. These:
⦁ Are valid for first-time customers only
⦁ Must be used at the time of your initial purchase
⦁ Cannot be applied after your service has already started
⦁ Are not applicable to domain name purchases or upgrades (unless expressly stated)
Any attempt to use unauthorized codes may result in Termination for Cause
You agree that Your use of Digital Dynamo’s Services is at Your own risk. You are solely responsible for creating backups of Your content.
While Digital Dynamo may make backups of Your content when performing routine maintenance or system-wide backups, You should not rely on Our backup process as Your only means of preserving Your content.
⦁ Digital Dynamo’s backup process will not back up files larger than 40MB, nor will it back up email.
⦁ If We do make a backup that You later request to be restored, We cannot guarantee that Your content will be unharmed during either the original data loss or the restore process.
Best Practice Reminder:
We highly recommend that You establish Your own routine backup procedures and periodically test restoring files from Your backup media to ensure viability.
10.1
Digital Dynamo is not responsible for providing technical support to the customers of Our Reseller clients. If a Reseller is unable to assist its customers with technical issues, We reserve the right to suspend that Reseller account until they are able to properly support their clients.
10.2
If a Reseller requires Our support on behalf of a customer, the Reseller must be the one to submit the request — not the customer.
10.3
Resellers are fully responsible for:
All content
All data
All transmissions made by themselves and their clients
We will hold the Reseller accountable for any violations of applicable law or of this Agreement, regardless of whether the violation originates with the Reseller or one of their clients.
11.1
Only Reseller account holders are permitted to resell hosting services.
Any Web Hosting or WordPress Hosting client found to be reselling services may be Terminated for Cause.
11.2
Web Hosting & WordPress Hosting accounts must have an active website associated with the account.
Using a hosting account solely as a file repository or backup service is prohibited.
11.3
Customers using Web Hosting or WordPress Hosting plans with “Unlimited” storage and bandwidth understand and agree:
⦁ “Unlimited” usage is not truly without limit
⦁ Your usage may be restricted if it causes performance or reliability issues on the shared server
⦁ In such cases, your account may be suspended unless You upgrade or enroll in Our Certified Protection plan (see Section 13.3)
11.4
Refer to Section 6.4 of this Agreement and https://digitaldynamo.com/unlimited for full content restrictions and acceptable use guidelines related to Web Hosting & WordPress Hosting plans.
12.1
Bandwidth pricing and measurement frequency are subject to change at Digital Dynamo’s discretion. Dedicated server clients affected by such changes will receive no less than thirty (30) days’ notice.
12.2
Dedicated server payments are nonrefundable. Dedicated accounts are not eligible for the 30-day money-back guarantee.
For example: If You pay for 12 months of service and decide to cancel after 6, You will not receive a refund for the remaining 6 months.
However, if Digital Dynamo terminates your account without cause (see Section 3.4), We will provide a 30-day written notice before ending services.
12.3
If an existing server requires a hardware upgrade—whether due to Your request or system requirements—Digital Dynamo will perform the upgrade. You will be responsible for:
⦁ An agreed-upon upgrade fee
⦁ An increase in Your monthly service rate
12.4
Digital Dynamo reserves the right to modify Dedicated Server packages advertised on its website at any time.
Unless otherwise agreed in writing, existing customers are not automatically entitled to:
⦁ Hardware upgrades
⦁ Price decreases
⦁ Promotional package benefits
12.5
To protect the security of managed dedicated servers, Digital Dynamo may:
⦁ Apply security patches
⦁ Upgrade the operating system
⦁ Reset server passwords to perform updates or audits
You must maintain a valid, external (non-hosted) email address and provide a current root password to help prevent unnecessary downtime.
12.6
If You have an unmanaged dedicated server, it is Your responsibility to:
⦁ Apply security updates
⦁ Maintain system security
Failure to do so may result in:
⦁ Termination of services without refund
⦁ Additional fees if Digital Dynamo is required to intervene for the sake of network integrity
13.1
Digital Dynamo does not impose hard limits on system resources for each hosting account. However, if your account consumes an excessive amount of server resources (e.g., CPU, memory, I/O), it may negatively impact other users on the same server.
We reserve the right to:
⦁ Place a temporary block on your account
⦁ Notify You of the issue
⦁ Recommend upgrades or modifications
Examples of resource-heavy activities include: large-scale CGI scripts, high-frequency FTP, PHP, HTTP, and other automated processes.
13.2
Except where expressly permitted by law, You may not:
⦁ Translate, reverse-engineer, decompile, or disassemble any of the Site or Host Materials
⦁ Use any bots, scrapers, or software that interfere with Our services
⦁ Disrupt network operations intentionally
Violation of this section may result in liquidated damages of $5,000, plus all legal and recovery fees.
13.3 – INODES
If Your account uses more than 250,000 inodes, You will receive a warning. Repeated violations may lead to suspension.
Accounts with 100,000+ inodes may be excluded from our backup system.
Examples of inode buildup include:
⦁ Leaving your default catch-all email address enabled
⦁ Accumulating thousands of unmonitored messages
To disable catch-all mail in cPanel:
Go to “Mail” → “Default Address” → “Set Default Address” → enter: :fail: No such user here
13.4 – BANDWIDTH USAGE
Your monthly bandwidth allowance is determined by your hosting plan.
If you exceed your allocation, we reserve the right to:
⦁ Suspend your account until the new month begins
⦁ Require an upgrade
⦁ Charge an overage fee
⦁ Terminate your account in accordance with Section 3.2
Unused bandwidth does not roll over to the next billing period.
14.1
Digital Dynamo offers a Service Level Agreement (SLA) to ensure high reliability and uptime across all hosting plans.
You can view the full SLA here:
https://digitaldynamo.com/sla
The SLA outlines our commitment to:
⦁ Network availability
⦁ Response times
⦁ Scheduled maintenance practices
⦁ Compensation structure (if applicable)
The terms of this SLA are incorporated by reference into this Agreement and reflect the guarantees passed down from our upstream providers.
14.2
Digital Dynamo reserves the right to modify the SLA at any time. Any changes will be posted at the link above.
Your continued use of our Services after any posted changes to the SLA will be considered your agreement to the updated terms.
The base price You pay for hosting will not increase from the date of Your original purchase — unless otherwise stated.
However, please note:
⦁ Coupon codes or introductory discounts only apply to the initial term
⦁ Upon renewal, Your service will be billed at the regular, non-discounted rate
Digital Dynamo reserves the right to:
⦁ Change prices listed on⦁ yourdigitaldynamo.com at any time, without notice
⦁ Increase plan resources or modify plan features at our discretion
IMPORTANT:
It is Your responsibility to review Our website and request plan upgrades if you wish to take advantage of new prices or features. Digital Dynamo does not automatically update existing plans. You must submit a request, and changes may:
⦁ Require reinitiating service
⦁ Incur downgrade fees (if applicable)
Bandwidth usage fees for Dedicated Server plans are subject to separate terms. See Section 12.1 for details.
You agree to defend, indemnify, and hold harmless Digital Dynamo and its affiliates from and against any and all claims, liabilities, and expenses, including reasonable attorney and expert fees, arising from:
⦁ (a) Any breach of Your obligations under this Agreement
⦁ (b) Your use of the Services
⦁ (c) Any activity conducted under Your user ID or password
⦁ (d) Any product or service You sell or advertise via Your site or content
⦁ (e) Any defamatory, libelous, illegal, or infringing content within Your site
⦁ (f) Any claim that Your content violates third-party intellectual property, privacy, or publicity rights
⦁ (g) Any third-party’s use of or access to Your content or site
⦁ (h) Any violation of the Acceptable Use Policy
⦁ (i) (If applicable) That:
⦁ Your content complies with 18 U.S.C. §2257 and 28 C.F.R. §75
⦁ All depicted individuals were over 18 at the time the content was created
⦁ Your site does not contain child pornography, bestiality, or violent/illegal acts
⦁ You have appropriate releases or permissions from individuals depicted
Legal Defense
In the event of a claim under this section:
⦁ Digital Dynamo may select its own legal counsel
⦁ We reserve the right to participate in the defense, but are not obligated to do so
⦁ You may not settle any claim without written consent from Digital Dynamo, which will not be unreasonably withheld
You expressly agree that Your use of the Services is at Your sole and exclusive risk. The Services are provided on an “as is, with all faults” and “as available” basis.
Digital Dynamo disclaims all warranties of any kind — whether express or implied — including, but not limited to:
⦁ Implied warranties of merchantability
⦁ Fitness for a particular purpose
⦁ Non-infringement
⦁ Any warranties related to accuracy, reliability, or uptime
Other than as specifically outlined in Section 14 (Uptime Guarantee), Digital Dynamo makes no guarantees that:
⦁ The Services will meet Your specific needs
⦁ The Services will be uninterrupted, error-free, or completely secure
⦁ Any results, content, or information obtained will be accurate or reliable
⦁ Any defects will be corrected
Any marketing, promotional statements, or testimonials do not constitute warranties.
Important Notice:
You are solely responsible for backing up Your content. Unless explicitly stated, Digital Dynamo does not perform backups as part of the Services. You assume all risks related to:
⦁ Downloading materials
⦁ Data loss
⦁ System damage
⦁ Content removal or corruption
Third-Party Services
Digital Dynamo may provide access to third-party software or services. These are offered as-is, and Digital Dynamo has no control over their content or performance.
Use of any third-party service is at Your own risk and subject to separate terms between You and the third-party provider.
No Oral or Implied Warranties
No advice or information obtained from Digital Dynamo — whether oral or written — shall create any warranty not expressly stated in this Agreement.
You are solely responsible for the proper operation of Your website, Your business, and all activities under Your control.
In no event shall Digital Dynamo be liable for any damages arising from or related to:
⦁ The operation or failure of Your website
⦁ Loss of data, revenue, or business
⦁ Any acts or omissions on Your part
⦁ Your inability to use our Services
Types of Claims Covered
This limitation applies to all claims, including but not limited to:
⦁ Breach of contract
⦁ Negligence
⦁ Strict liability
⦁ Fraud or misrepresentation
⦁ Tort or statutory claims
We Are Not Liable For:
⦁ Any action or non-action You take based on information from our Services
⦁ Lost or inaccurate data
⦁ Cost of replacing services, software, or technologies
⦁ Indirect, incidental, special, punitive, or consequential damages
⦁ Lost profits, lost business opportunities, or damaged reputation
⦁ Service interruptions or downtime, even if we’ve been advised of the risk
Maximum Liability
The total aggregate liability of Digital Dynamo (and its affiliates, agents, contractors, service providers, employees, etc.) is strictly limited to:
The amount You paid to Digital Dynamo in the six (6) months prior to the claim.
A. Jurisdiction, Venue, and Choice of Law
This Agreement and any disputes arising from it shall be governed by the laws of the State of Nevada, excluding conflict of law principles.
⦁ Venue and jurisdiction are exclusively in Clark County, Nevada
⦁ Parties waive the right to assert forum non-conveniens or object to venue
⦁ All parties consent to personal jurisdiction in San Bernardino County courts
⦁ Service of process may be made by certified mail or any method with delivery confirmation
B. Arbitration
If a dispute cannot be resolved informally, it must be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
⦁ Conducted in Clark County, Nevada
⦁ Arbitrator will be knowledgeable in internet and e-commerce law
⦁ Each party bears its own legal fees, unless for debt collection
⦁ No punitive damages, class actions, or added parties permitted
⦁ The arbitrator’s decision is final and enforceable
C. Assignment
You may not assign this Agreement without Digital Dynamo’s prior written consent.
This Agreement is binding on the parties’ successors, assigns, executors, and administrators.
D. Severability
If any provision is held unenforceable, the remainder of the Agreement will remain in full force and effect.
E. No Waiver
Failure to enforce any provision shall not be deemed a waiver of future enforcement.
F. Complete Agreement
This document (plus all incorporated policies) is the entire agreement between You and Digital Dynamo.
No oral or prior written communications alter this Agreement unless signed by both parties.
G. Relationship
Nothing in this Agreement creates a partnership, joint venture, or agency. Digital Dynamo is an independent contractor.
H. Headings
Section headings are for convenience only and do not affect interpretation.
I. Force Majeure
Digital Dynamo shall not be liable for delays or failure to perform due to causes beyond our control, including but not limited to:
⦁ Natural disasters
⦁ Terrorism
⦁ War or riot
⦁ Utility failures
⦁ Labor shortages or strikes
⦁ Internet outages or security breaches
J. Export Compliance
You agree to comply with all applicable U.S. export laws.
You will not allow access to regulated software or services in violation of U.S. law.
K. California Consumer Notice
California residents can contact the Consumer Assistance Unit of the Department of Consumer Affairs at:
https://www.dca.ca.gov/online_services/complaints/consumer_complaint.shtml
L. Government Rights
Host Materials are developed privately and considered commercial computer software.
No government rights beyond those expressly permitted by statute are granted.
M. Notices & Electronic Communication
All notices may be sent via email, fax, or mail to the contact info provided.
Electronic communications, digital signatures, and user ID verification are legally binding and accepted as valid under this Agreement.
Prepared by:
Originally drafted by Lawrence G. Walters, Esq., Walters Law Group. Adapted for Digital Dynamo.
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