Terms of Service
Dynamo-Web.com is a Dynamoinfo Group Website.
By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use (“Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trade mark law.
These Terms govern the use of the products and/or services (“Services”) of Dynamoinfo Group or of any third party that is subscribed to or obtained through Dynamoinfo Group.
As used in this document, the term “User” or “Users” includes any and all users, customers, subscribers, affiliates*, resellers or others who:
- Sign up for, use or obtain services or products from Dynamoinfo Group or from any third party services or products that are offered by or obtained through or in connection with Dynamoinfo Group, or
- Visit the Website of Dynamoinfo Group or of any such third party.
*Including without limitations customers or non-customers to whom Dynamoinfo Group provides links or banners to promote the services or products of Dynamoinfo Group or any third party (the services or products of which are offered by or obtained through or in connection with Dynamoinfo Group).
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our Website and all content and software located on the site shall remain the sole property of Dynamoinfo Group or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Dynamoinfo Group.
Users must not:
- Republish material from our Website without prior written consent.
- Sell or rent material from our Website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our Website for any purpose.
- Redistribute any content from our Website, including onto another Website.
Acceptable Use
Users agree to use the Services of this Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our Website.
Users may not:
- Use the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, Dynamoinfo Group has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list, or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
- Use the Services in connection with any illegal activity or activity otherwise prohibited by these Terms. Without limiting the general application of this rule, Users may not:
- Use the Services for or in connection with any activities or content determined by Dynamoinfo Group, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls (“OFAC”), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Dynamoinfo Group determines to be controversial or disruptive to the operations of Dynamoinfo Group or any other User or third party; or
- Use the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; or
- Use the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; or
- Use the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
- Use the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
- Use the Services in any manner that violates applicable law.
- Use any BitTorrent tracking technology for downloads or
- Use the Services to create Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
- Use the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
- Use the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person; or
- Use the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
- Use the Services in connection with any other disruptive, controversial or abusive activity, as determined by Dynamoinfo Group in its sole discretion. Without limiting the general application of this rule, Users may not:
- Use the Services to cause denial of service attacks against Dynamoinfo Group or other network hosts or Internet users or to otherwise degrade or impair the operation of Dynamoinfo Group’s servers and facilities or the servers and facilities of other network hosts or Internet users; or
- Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
- Use the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account; or
- Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, Users may not store files or other data of third parties on our servers; or
- Use the Services to subvert, or assist others in subverting, the security or integrity of any Dynamoinfo Group systems, facilities or equipment; or
- Use the Services to gain unauthorized access to the computer networks of Dynamoinfo Group or any other person; or
- Use the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
- Use the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames); or
- Use the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
- Use the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
- Use the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or Spam; or
- Use the Services to solicit or collect, or distribute, advertise or promote, email address lists for the purpose of encouraging or facilitating unsolicited commercial email or Spam; or
- Use the Services in any manner that might subject Dynamoinfo Group to unfavorable regulatory, law enforcement or other legal action, subject Dynamoinfo Group to any liability for any reason, or adversely affect Dynamoinfo Group’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Dynamoinfo Group in its sole discretion; or
- While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Website/email hosting, including, without limitation, (A) directly opening any listening port, (B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing ‘tracker’ services to ‘BitTorrent’ clients and/or (H) exploiting web browser vulnerabilities, as determined by Dynamoinfo Group in its sole discretion; or
- Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Dynamoinfo Group, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/signup forms; or
- Use the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
Restricted Access
We may in the future need to restrict access to parts (or all) of our Website and reserve full rights to do so. If, at any point, we provide Users with a username and password for Users to access restricted areas of our Website, Users must ensure that both User’s username and password are kept confidential.
External Links
The Dynamoinfo Group Website may contain links to many other Websites. Dynamoinfo Group cannot guarantee the accuracy of information found at any linked site. Links to or from external Websites not owned or controlled by Dynamoinfo Group do not constitute an endorsement by Dynamoinfo Group or any of its employees of the sponsors of these sites or the products or information presented there.
Violations
Disclaimer
Dynamoinfo Group expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of these Terms. Dynamoinfo Group has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Website.
Reporting Non-Copyright Violations
Dynamoinfo Group encourages Users to report violations of this policy by email to: moc.ofniomanydnull@esuba, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the “subject” field of the email.
Reporting Copyright Violations
Dynamoinfo Group complies with the Digital Millennium Copyright Act (“DMCA”). Dynamoinfo Group encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Website.
Remedies
If Dynamoinfo Group learns of a violation of these Terms, Dynamoinfo Group will respond to the applicable User and may, in Dynamoinfo Group’s sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
- Warning the User: and/or
- Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
- Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
- Removing the offending content; and/or
- Taking other action in accordance with these Terms, the applicable service contract or applicable law.
Reservation of Rights
Dynamoinfo Group reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Dynamoinfo Group’s Services. Dynamoinfo Group reserves all other rights to respond to violations of these Terms to the extent of applicable law and in accordance with any applicable contractual obligations. Dynamoinfo Group may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce these Terms and each User agrees that Dynamoinfo Group is authorized to monitor its communications through Dynamoinfo Group’s network for such purposes.
Revisions
Dynamoinfo Group may change these terms from time to time so Users should check these terms regularly. Your continued use of our Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Services of this Website immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Limitation of Liability
THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL {COMPANY} OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF {COMPANY} HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
If you feel you have discovered a violation of any area of our Terms (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is “moc.ofniomanydnull@lagel“), please report it to:
Dynamo-Web.com
Dynamoinfo Group
13521 Stahelin Ave
Detroit, MI 48223
Phone: 313-444-2295 (M-F 9am – 6pm, Eastern)
Fax: 313-733-2708
moc.ofniomanydnull@esuba
For general comments or questions, please use the “Contact Us” form located on our Website.
NOTE: If you send us a notice of any kind by email and do not receive a response from us, please send a duplicate copy by paper and/or fax. Because of the quirks of the Internet, and email communication in particular, including without limitation the burdens of spam and the occasional, unintended effects of spam filters, sending an alternate form of notice (by paper and/or fax), will help make sure that your notice will be received by us and acted on in a timely manner.
