This is an agreement between Ionbill (Cyprus) LTD, d/b/a DynaBoot.com, as well as its partners on the one hand, and the user of DynaBoot's products and services on the other hand. In this Agreement "You" and "Your" refer to you or any agent, employee, or person authorized to act on your behalf. "We", "Us" and "Our" refer to Ionbill (Cyprus) LTD as well as its subsidiaries and sister companies (collectively "Dynaboot"). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Dynaboot. When You use Your account or allow someone else to use it to buy some products/services or otherwise obtain access to additional Dynaboot service(s) or products or to cancel your Dynaboot services (even if We were not notified of such authorization), this Agreement covers such service or actions.
Customer agrees to provide accurate information and maintain it up-to- date, while using Dynaboot's services. Customers agree to update personal information provided during the registration with Dynaboot no later than five (5) business days upon its change. Customer's failure to reply within five (5) business days to any requests by Dynaboot to define the validity of personal information they have provided shall be deemed as a material breach of the Agreement herof. In case the provided information is inaccurate, misleading, outdated or incomplete, or if Dynaboot has reasonable grounds to suspect so, Dynaboot reserves the right to terminate the provision of Services and suspend Customer's account.
Storage and Security.
Dynaboot is not responsible for the risk of loss and damage to the Customer's server and all a part of its content, as well as the confidentiality of the Customer's account information and password. Customer agrees to bear full responsibility for the acts, including but not limited to omissions, use and charges incurred in connection with their account, password, server or any of its content. It is Customers sole responsibility to exercise efforts in order to: (1) avert any damage or loss of their server content; (2) preserve their server content in independent archives and server backups; (3) guarantee the confidentiality, integrity and security of server content passed through or stored on the servers of Dynaboot; and (4) guarantee the confidentiality of password. Customers agree that Dynaboot's servers do not constitute an archive of any kind and Dynaboot shall not be liable to Customer or any third parties for the loss or damage of any content whatsoever. Dynaboot shall not be liable to Customer or any third parties for their use of Dynaboot products and services that violates the terms hereunder.
Dynaboot will provide hosting services for Customer's account in accordance with the chosen price plan. At the end of the specified time period the agreement will be automatically renewed unless otherwise instructed by the customer. Should the Customer wish to terminate their account, Dynaboot will process this request and the agreement between Customer and Dynaboot shall be officially terminated and Dynaboot reserves the right to remove Customer's account from its servers at any time following the termination of the agreement. After processing the cancellation request Dynaboot shall NOT host the Customer's website for any amount of time and it is solely the Customer's responsibility to ensure their clients' access to the data and files before initiating the termination of the agreement. Once the Customer's account has been cancelled, Dynaboot shall not be liable for any loss of data connected to this account.
Third Party Content.
Customers having chosen to sell/resell web space or advertising to third parties are solely responsible for the actions of third parties and contents of the mentioned advertising. Dynaboot reserves the right to reject any third party content, including but not limited to advertising that is deemed offensive, illegal or in violation of the agreement hereof and/or current Dynaboot policy. The presence of such content may cause Dynaboot to suspend or immediately terminate Customer's account.
Billing and Payment.
In case Customer chooses a monthly price plan, his monthly billing date will be the day of the month he purchased our products or services. In case of an annual (or longer) price plan with the option of automatic renewal we will automatically renew services when they come to an end and charge the Customer in correspondence with the chosen payment method at our then current rates.
Dynaboot shall invoice Customer 10 days prior to their account's official due date. Customer agrees to maintain a standing balance at Dynaboot as long as the account is active, and will make payment on or before the invoice due date. In case the payment is made via credit card, it may be authorized when the invoice is being generated.
Dynaboot reserves the right to suspend Customer's account(s) in case the Customer has not paid for hosting services 3 days after the billing date. If the delay is 6 days after the due date, Dynaboot has the right to terminate the services rendered to the Customer on the 7th day after the due date, unless an agreement has been made by the customer with Dynaboot.
If Customers inquire for their data after their VPS account had been terminated, we charge $25 per incident for providing information on previous services and support. Dynaboot usually keeps backups for 30 days after the due date of an account, but cannot guarantee their availability and its length. This however does NOT apply to dedicated servers.
Cancellation of Services.
The procedure of hosting account cancellation starts with the Customer's cancellation request to our email at [email protected]. It can be processed within several days, so the cancellation request must be sent at least 10 days prior to the due date.
Refunds and Money Back Guarantee.
Dynaboot has a 7 day money back guarantee. Customer shall be refunded for cancelling his account within 7 days after the sign up. If the account is cancelled after this period, no refunds will be issued. Also, refunds do NOT apply to any setup fees, domain names, ssl certificates and admin time. Dynaboot will deduct 10% administrative fee from the available refund amount before transferring it to the Customer.
The refund policy shall not apply in case the terms of this agreement and Acceptable Use Policy are in breach.
Backups and Data Loss.
Customers agree to use this service at their sole risk, not holding Dynaboot responsible for any data and/or files stored in and transferred from/to your account. It is the Customer's responsibility to backup all files and data stored in his account on Dynaboot servers.
The amount Customer pays for a specified hosting service will not increase within the paid period. Dynaboot reserves the right to alter prices for its services listed on dynaboot.com, as well as to increase the amount of resources each plan offers at any time.
Limitation of Liability; Waiver and Release.
Dynaboot offers its services on an "AS IS" basis and expressly disclaims any guarantees, whether expressed or implied, including but not limited to any implied warranties regarding the service's fitness for a specific purpose or merchantability, to the fullest extent permitted by law. Dynaboot does not guarantee its products and/or services will meet the Customer's requirements, function as they are intended to, or that they will be error free or uninterrupted. Customer shall not hold Dynaboot liable for any or all direct, indirect, incidental, exemplary. special or consequential damages (without limitation to loss of use, potential profits or data; procurement of substitute goods/services, interruption of business processes) caused in any way or on any theory of liability, be it in contract, strict liability, or tort (negligence or otherwise) resulting from the use of Services, regardless whether Dynaboot is aware the potential damage.
Under the given agreement Customer agrees to hold harmless and indemnify Dynaboot, its partners and their respective employees, agents, directors and other officers from and against any demands, claims, obligations, liabilities, damages, losses, fines, penalties, punitive damages and amounts in interest, all kinds of expenses and disbursements (including the fees of attorneys) caused by third parties, connected to the actual or alleged use of the services in breach of law or the Restrictive Use Policy by Customer or any third party using Customer's personal information, despite whether they have received Customer's permission to use the services with Customer's access data.
Dynaboot waives all liability for delay of failure to fulfill its obligations under this agreement, provided such delay of failure are caused by the circumstances beyond our control, including, but not limited to authority acts, war, sabotage, rebellion, labor strikes or other disturbances, embargo, fire, flood, transportation and telecommunication delays or interruptions, unavailability of third party services (including the propagation of DNS), breakdown of third party hardware/software, unavailability of raw materials, power or supplies necessary to provide the Services.
Changes to the TOS.
These TOS can be amended at Dynaboot's sole discretion without prior notice.
Acceptable Usage Policy is a part of Dynaboot.s Terms of Service Agreement. Before using the service Customer must agree to the Terms of Service Agreement.
The service can be partially or totally suspended when Customer violates the Acceptable Use Policy, in case of repeat violation the service can be terminated without any refunds.
1. Spam, Warez, Piracy and Illegal Activities.
Dynaboot strictly FORBIDS any illegal activity involving its services including but not limited to piracy, warez hosting, spam, mail bombing, unsolicited commercial email and hacking related activities. Dynaboot has the exclusive right to define what activities are being illegal. Customer realizes that taking part in such activities will effect in instant suspension or termination without refund. Dynaboot has the right to engage law enforcement authorities at its sole discretion.
2. Child Pornography and Zoo Pornography.
If any service provided to customer contains zoo/child pornography, Dynaboot will immediately terminate or suspend the account without refund.
3. Hacking/Denial of Service/Sniffing/Spoofing.
Dynaboot strictly FORBIDS password cracking, spoofing, sniffing, denial of service, distributed denial of service or any type of hacking or similar malicious activities performed using its services. It is also prohibited to perform any activity for system penetration (i.e. stealth scan, port scan, or other data gathering). Dynaboot has the exclusive right to define what activities are being illegal. Customer realizes that taking part in such activities will effect in instant suspension or termination without refund. Dynaboot has the right to engage law enforcement authorities at its sole discretion.
4. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities.
Dynaboot strictly FORBIDS distribution of information on creation and transfer of Trojan horses, worms and other Internet viruses. It is also prohibited to perform any activity that makes it impossible to effectively use equipment, service, system, network or any connected network.
5. Illegal Material.
Dynaboot strictly FORBIDS storage, distribution or transmission of any material protected by trade secret, trademark, copyright, or other intellectual property rights used without authorization. It is also prohibited to perform any activity that violates export control laws.
6. Data Transfer.
Customers have a limited monthly data transfer share. The amount of share depends on the chosen hosting plan. Dynaboot has the exclusive right to suspend the service when the account exceeds the limited data transfer share until next month, or additional share was purchased for an extra charge, or customer subscribed to a hosting plan of a higher level.