Terms and Conditions

(2009)

This agreement represents the complete agreement and understanding between SiteDynamo, a division of Matrix PR Group Inc. (The Company hereinafter called ‘SiteDynamo’) and the Customer (hereinafter called ACCOUNT HOLDER’) and supersedes any other written or oral agreement. SiteDynamo may at any time,  modify these terms and conditions, simplify them, and/or modify the prices, as well as discontinue or change the service offered, by posting a new version without notice to you , that may viewed at any time online,  at: www.sitedynamo.com.

SUBMISSION OF YOUR ACCOUNT ORDER, INCLUDED WITH DEPOSIT, SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. Provision of services

  1. Service means - ANY act of serving the ACCOUNT HOLDER, being provided by SiteDynamo, regardless of the duration and whether it's a paid service or a service for free.
  2. Without limiting the scope of term 1.a above, SiteDynamo will provide services on it's host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.
  3. SiteDynamo services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and Information services provided by SiteDynamo. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
  4. SiteDynamo may, without prior notice, amend the fees and/or charges for any usage of servers and/or services and/or other terms & conditions outlined in this document, which will be applicable to all customers & users and existing users.

2. Use of Material

  1. Public Domain materials (e.g. images, text, and programs) may be downloaded or uploaded using SiteDynamo services. ACCOUNT HOLDERS may also redistribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.
  2. As provided by Canadian federal law, United States federal law and by international treaties, copyrighted materials (e.g. images, text, and programs) may not be uploaded using SiteDynamo services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices or can the copyright notices be modified.

3. Permitted Use of Services

  1. The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lower case letters, and numbers or other characters, and not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to the account.
  2. The ACCOUNT HOLDER agrees to use the services provided by SiteDynamo as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by laws, libelous, or against any SiteDynamo policy.
  3. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER'S web site is at the sole discretion of SiteDynamo. SiteDynamo may at its sole discretion reserves the right to refuse or discontinue service and/or web site hosting services to any ACCOUNT HOLDER operating a web site, without notice, through SiteDynamo and refund the remaining balance (if prepaid) of hosting/backend fees for the remaining duration of the pay period on the account, if any. 
  4. The ACCONT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at SiteDynamo. The ACCOUNT HOLDER represents and warrants to SiteDynamo that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which this public can link through, or any products or services made available to the public through his/her web site.
    1. Violate or partially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, lease advertising, unfair competition, defamation, business or personal dispute or argument, limitation of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
    2. Contain any material that is unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold SiteDynamo, and any third party entities, or employees related to SiteDynamo, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to
    3. The ACCOUNT HOLDER's breach of any of the forgoing representations and warranties, or
    4. Any other third party claim with respect thereto.
  5. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER's web site is at the sole discretion of SiteDynamo. SiteDynamo may at its sole discretion discontinue web site hosting services without notice, to any ACCOUNT HOLDER operating a web site that SiteDynamo deems to be in violation of Section (3d.) Of these Terms and Conditions.
  6. SiteDynamo accounts cannot be transferred or used by anyone other than the subscriber. ACCOUNT HOLDERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.
  7. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
  8. ACCOUNT HOLDER will endeavor to prevent viruses from corrupting SiteDynamo Web hosting systems; SiteDynamo may run anti-virus programs to minimize damages.
  9. ACCOUNT HOLDER acknowledges that any recommendation by SiteDynamo Web Hosting employees, contract labour or references for services or products auxiliary to SiteDynamos' services are the recommendations of those individuals and not of SiteDynamo. SiteDynamo does not warrant the integrity or quality of the service or product provided by such third parties.
  10. Spamming - Sending unsolicited bulk/or commercial messages over the Internet (known as "Spamming") is strictly prohibited. It is not only harmful because of its negative impact on consumer attitudes toward SiteDynamo, but also because it can overload SiteDynamos' network and disrupt service to SiteDynamo subscribers. Also, maintaining an open SMPT relay is prohibited. When a complaint is received, SiteDynamo has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list

4. Website Platform Outline

SiteDynamo will set up the basic business platform of the website & the following:

  1. Included, up to 100MB of Web space, traffic up to 1 GB free/month. Additional charges apply for extra usage of all bandwidth, incoming/outgoing.
  2. Email blast additional bandwidth usage is charged separately, as an additional cost/GB as per the calculated rate invoiced.
  3. Website Content to be provided by ACCOUNT HOLDER and provided to SiteDynamo. SiteDynamo accepts no responsibility for changes, errors or data used and reserves the right to approve or disapprove the content
  4. A Basic business website platform includes the basic set-up and the basic design of the website, outlined in the SiteDynamo Estimate.
  5. Point DNS servers to your existing URL. ACCOUNT HOLDER must supply registrar’s name, company user name & password, so we can locate the IP addresses to point the servers, for first time set-up. Set-up fees may be applicable.
  6. The estimate is the total expected cost to build the website. Costs could vary somewhat, dependant changes or discrepancies in design or layout, will affect the final cost.
  7. The website will be accessible by computers operating under the following parameters: Netscape 4.0 – or later, or Internet Explorer or later. Your Computer should be equipped with Windows 95, 98, 2000, ME or Windows NT or XP. Our licensed software works best on computers with more than 32MB RAM and a Pentium II or faster processors. An Internet connection of 56kbps or faster is recommended (including cable, DSL, or T1 connections) Note: Our licensed software does not currently support Netscape 6.0 or the Macintosh, Firefox platform.
  8. The software is designed to be self-maintained, by the Account Holder. A Basic introduction, of ½ hour is included in the estimate cost for one chosen administrator of the website (valid for 30 days after completion of the website, in-office for local clients, via skype.com for out of province/country clients.) Further instructions can be found by going to the navigation menu, on the Account Holders site. Additional training, telephone calls, emailed instructions etc. are charged additionally, at our normal prevailing rates.
  9. A 50% deposit is required to begin the project. SUBMISSION OF YOUR ACCOUNT ORDER, INCLUDED WITH DEPOSIT, SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS found at the SiteDynamo website. Once the website has been completed as decided upon by SiteDynamo noted by the Invoice date for completion, any changes requested thereafter, will be billed separated as per our normal prevailing rates. Any subsequent changes made to the site by the ACCOUNT HOLDER, is the sole responsibility of the ACCOUNT HOLDER.

5. Additional Fees for operating the Website outlined:

1. Annual Hosting/Backend Fees:

  1. All websites are subject to a monthly Hosting/Backend User Fee, to be prepaid annually, plus applicable taxes
  2. Hosting/Backend User Fees, subject to change with a 30-day notice
  3. Allowable bandwidth for website access included is; one (1) GB/month, anything exceeding this, will be charged $4.00/GB/month
  4. Bandwidth charges for website hosting may be subject to change without notice

2. Corporate Email Fees:

  1. Only if requested, with initial order of website, free set-up fee, plus one (3) free corporate email id account, included. Orders after completion of the website, will be subject to a Set-up Fee of $85.00 (subject to change without notice), plus $2.00/corporate email user id account/month (fees subject to change without notice).
  2. Free allowable bandwidth of each corporate email account, holder included, is; one (1) GB/month, anything exceeding this, will be charged $4.00/GB/month

3. Website Data Storage Space:

  1. Allowable bandwidth for website access included, is; one (1) GB/month, anything exceeding this, will be charged $4.00/GB/month

4. Equipment Fees, pertaining only to Account Holders with Dedicated Servers:

  1. Server Collocation Fees; are charged upfront at an average monthly fee/per Server based, on the annual anticipated amount, billed quarterly. Fees adjusted on total annual amount actually used.
  2. Circuit Power Fees; are charged upfront at an average monthly fee/per Server based, on the annual anticipated amount, billed quarterly. Fees adjusted on total annual amount actually used.

6. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify SiteDynamo, it's Executives, Directors, Officers, Managers, Employees, Consultants, Affiliates, Licensors, Co-Branders, or other partners, Agents, and Share Holders from and against any claims, including liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorney's fees, of every kind and nature, resulting from the ACCOUNT Holder's from or in any way related to the use of SiteDynamo’s services or product.

7. LIMITED LIABILITY

  1. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. SiteDynamo Web Hosting has no ability or authority over the material. SiteDynamo Web Hosting can make no warranty of any kind, either expressed or implied regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use Of information obtained from or through SiteDynamo Web hosting services is at the risk of the ACCOUNT HOLDER.
  2. The ACCOUNT HOLDER understands, agrees and acknowledges that SiteDynamo Web Hosting makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or CO-branded, from or by, third-party entities (example: of the above such mentioned items, ‘View Statistics’ report, provided to the ACCOUNT HOLDER as a free value-added service) However, SiteDynamo Web Hosting can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the applications(s), data and/or information involved in such items. SiteDynamo Web hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of these applications(s), data and/or information obtained from or through SiteDynamo Web hosting, or any other referred third party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.
  3. SiteDynamo does not warrant that the services will meet your requirements, the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SiteDynamo does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise. No oral or written information or advice given by service provider or its authorized representatives shall create a warranty. You are entirely responsible for and assume all risk for use of the service and the materials on this site. In no event will SiteDynamo be liable for any special, indirect, incidental or consequential damages even if SiteDynamo has been advised of the possibility of such damages. You should not use the service, web site or the material contained therein where damage could result if an error occurred. SiteDynamo does not warrant or represent that its security procedures will prevent the loss of or improper access to your data. SiteDynamo is not responsible for transmission errors or corruption or security of information carried over telecommunication/data lines.

8. Payment of fees and penalties

  1. The SiteDynamo accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated.
  2. Service payments will be submitted in advance of receiving services. The starting date of the bible period will be the earlier of - the day we receive confirmation from the ACCOUNT HOLDER, by telephone or email the day customer acknowledges in agreement, with the SiteDynamo Hosting accounting office.
  3. The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period has ended, without given notice.
  4. Payment is due at beginning of each accounting cycle.
  5. Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle.
  6. Delinquent accounts, will be charged interest calculated monthly at a rate of 15% per annum and will be charged on accounts over 30 days. This does not include fees and disbursements not yet processed by SiteDynamo, but which might have been incurred during the period covered by this account.
  7. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived for 30 days. Accounts that are unpaid for 2 accounting cycles have their files purged. SiteDynamo accounts continue to accrue charges while they are on hold.
  8. There is a service reconnection charge equal to one half the currently charged monthly fees to remove accounts from accounting hold status.
  9. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
  10. There is a CAN $35.00 service charge for each payment that is not honored.
  11. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT Holder's responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. SiteDynamo has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage, or to produce backlogs of showing bandwidth used.
  12. ACCOUNT HOLDER accepts, SiteDynamo’s right to have SiteDynamo’s name/and/or its’ licensee’s logo visible on the Sponsor bar of the Account Holder’s website or shown as powered by SiteDynamo, linked to SiteDynamo’s website, on all account holder’s websites.
  13. ACCOUNT HOLDER is responsible to ensure that payment to SiteDynamo, made by check or money order is sent to the address as it appears on the SiteDynamo invoice and website.

9. "NOT-TO-RENEW" Requests

  1. This agreement will commence upon the ACCOUNT Holder's acceptance of it and continue on an annual basis.
  2. For ACCOUNT HOLDERS that pay on an ANNUAL basis - "NOT-TO-RENEW" requests for SiteDynamo accounts must be given via fax, or letter to SiteDynamo main office (address available on the contact section of SiteDynamo website). Such requests must be received by 5pm Pacific Standard Time 15 DAYS before the account's anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).
  3. All SiteDynamo accounts must be paid in full before the transaction will be considered completed.
  4. Cancellations will NOT generate ANY refund.

10. Abuse of Services

  1. Any use of SiteDynamo system resources that disrupts the normal use of the system for other SiteDynamo customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, SiteDynamo forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
  2. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by SiteDynamo Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with SiteDynamo Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Account Holder.
  3. Unethical and criminal offenses are violations to SiteDynamo conditions of use. You are expected to report to SiteDynamo any information you may have concerning instances in which the conditions of use have been or are being violated. When SiteDynamo becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, SiteDynamo may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge $100 CAN.

11. IP Addresses

SiteDynamo maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with SiteDynamo either in whole or in part, without the prior written consent of SiteDynamo. SiteDynamo may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of SiteDynamos’ assets or other corporate reorganization.

13. Governing Law/Sever ability

Any Agreement, arising from the business relationships between SiteDynamo and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder for that Agreement will continue in full force and effect.

14. Age of Majority

SiteDynamo cannot accept agreements and payments from persons under the age of 18 years. Therefore, SiteDynamo requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

15. Complete Understanding/Modification

These terms and Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and SiteDynamo, relating to the subject matter hereof, and supercede all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms and Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by SiteDynamo.

GOTOP