Dynamic Hosting understands the importance of network availability to our customers. Thus we are making commitments to our customers in the form of a Service Level Agreement (SLA). We have developed the following SLA to ensure our customers receive maximum performance and value for their patronage.

Network Uptime
Dynamic Hosting was the first Canadian hosting provider to introduce a network uptime money back guarantee of 99.999% (excluding scheduled maintenance outages). We continue to offer this guarantee because we are able to consistently achieve exceptionally high server uptimes that are second to no other provider in the industry. If our network availability does not meet our 99.999% uptime guarantee, credit will be made available to any client upon request, not to exceed 50% of their base monthly fee. Network uptime includes all network infrastructure including routers and switches but does not include services or software running on the client's server. Network downtime exists when a particular customer is unable to send or receive data from a server and such failure is recorded until the server is able to send and receive data again, as confirmed by a third party monitoring system like Alertra.com. The guarantee only applies to our UNIX server plans. If a client is experiencing network connectivity issues with their own Internet Service Provider (ISP) Dynamic Hosting can not be held responsible.

Credits
In order to receive credit the client must submit an email to [email protected] within 7 days of the outage. The date and approximate time must be included in the email. Once Dynamic Hosting confirms the outage, a credit will be applied with in two business days.

Server Hardware Guarantee
This section of our SLA is included within the server contract signed by the client.

Technical Support
Dynamic Hosting provides you with technical support on setup of your account, ftp access, and other server related issues free of charge. Dynamic Hosting does not provide support for web applications, scripts, or components from third parties or developed by you. These services can be provided at reasonable rates. To inquire, call our toll free number (1.866.567.8464). Dynamic Hosting's Technical Support Department operates 24 hours a day, 7 days a week, 365 days per year and is available by E-mail at [email protected] (Note: there is no telephone technical support for customers on the 'Buck A Month' and 'Economy package' hosting plans. See SLA exception #11 for more details). Company's standard response time to technical support issues is one hour. This time, however, depends on the complexity of the inquiry and workload in general. The Technical Support Department assigns the highest priority to customer inquiries related to the servers' unavailability. These issues are addressed immediately upon receiving e-mail notification from a customer. All inquiries regarding Company billing for its services should be sent to [email protected] All inquiries regarding reselling Company's services, purchasing of new accounts, and available discounts should be addressed to [email protected]

Escalation
If You are dissatisfied with DynamicHosting.biz's Shared Web Hosting Service or if you are unable to resolve a technical support issue within the parameters outlined in this Service Level Agreement please contact DynamicHosting.biz's Customer Support Manager at [email protected] regarding your concerns. The Customer Support Manager will review your concerns, investigate, and respond to your request within two business days. As issues may be complex or require extensive investigation, this two business day response time does not imply that a resolution is guaranteed within two business days.

Data Retention
Dynamic Hosting will not retain any of your data after account termination. All data is deleted from the servers at the time the account is terminated. Requests to provide data after account termination require extensive manual efforts and will be billed at our billable rate. Dynamic Hosting must receive payment for this service before any data is supplied.

Payment:
All payment terms are 30 days NET from the invoice due date as specified on each invoice, with the exception of domain name renewals or registrations/transfers. Domain name payment is due prior to any renewal date, and no domain name will be transferred or registered prior to payment. In the case that these terms are not met, Dynamic Hosting reserves the right to suspend, cancel, or terminate any or all services provided to the customer. If a payment is attempted and is declined, or otherwise fails (eg. bounced cheques, or insufficient funds), Dynamic Hosting reserves the right to charge a $50 administration fee which is due along with the initial amount. If service is suspended, both the initial invoice amount as well as the administration fee are due prior to having service re-instated.

Exceptions:
1. This SLA does not apply to delinquent customers.
2. Scheduled maintenance.
3. Network connections between Dynamic Hosting data center and the customer location.
4. Any networks or network equipment not owned or controlled by Dynamic Hosting.
5. Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
6. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, PHP, HTML, ASP, etc.)
7. Any negligence, willful misconduct, or use of the Services in breach of Dynamic Hosting 's Terms and Conditions and Acceptable Use Policy; by user or other users.
8. DNS (Domain Name Server) issues outside the direct control of Dynamic Hosting.
9. False outages reported as a result of any Dynamic Hosting measurement system problems or errors.
10. Customers who run IRC/IRCd are not eligible for this SLA.
11. Customers on the 'Buck A Month' and 'Economy package' hosting plans are not eligible for this SLA If a client calls the toll free number for support while on one of these packages, they will be billed $0.75 CA per minute of support. Email support is free.

Terms of Service

Before you register with services offered by Dynamic ASP Inc., you must read and agree to this Terms of Service (“TOS”). By using the services offered by Dynamic ASP Inc. (the “Service”), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Dynamic ASP Inc. (“Dynamic Hosting”) and you.

Dynamic Hosting may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: https://www.dynamichosting.ca/sla/

Description of Services. Services covered by this agreement are any services offered by Dynamic Hosting (the “Service”). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.

Eligibility.
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Dynamic Hosting reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Dynamic Hosting; use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Dynamic Hosting; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.

Unlimited Features.
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website. If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, reselling, or other prohibited use, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.

Excessive Resource User Policy.
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Dynamic Hosting offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Dynamic Hosting control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 20,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Dynamic Hosting will make every reasonable effort to notify customer prior to suspension, however,Dynamic Hosting may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server.Dynamic Hosting will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

Payment Terms.
Monthly Terms: A valid credit card is required for you to use the product on a month-to-month basis. The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modification to Fees and Services.
Dynamic Hosting reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Dynamic Hosting reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dynamic Hosting website (dynamichosting.biz) or by e-mail notification. Dynamic Hosting will use the e-mail address(es) that we have on file, and it is the responsibility of the Client to ensure that these are accurate.

Cancellation and Termination.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time using your client portal at https://billing.dynamichosting.biz/ or by sending an e-mail to [email protected] There will be no refund if you cancel the Service before the end of your current, paid-up billing cycle, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Dynamic Hosting may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Intellectual Property Rights.
As between you and Dynamic Hosting, you acknowledge that Dynamic Hosting owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Canadian and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Dynamic Hosting claims no intellectual property rights over the material you provide to the Service. Portions of the underlying software code may be subject to licenses from third parties and any ownership rights to such portions of the underlying software code are disclaimed.

Warranties and Liability.
Dynamic Hosting does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Dynamic Hosting shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dynamic Hosting has been advised of the possibility of such damages), resulting from your usage of the Service.

Indemnification.
You agree to hold harmless and indemnify Dynamic Hosting, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Dynamic Hosting will provide you with written notice of such claim, suit or action. The failure of Dynamic Hosting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Dynamic Hosting and govern your use of the Service, superseding any prior agreements between you and Dynamic Hosting (including, but not limited to, any prior versions of the TOS).

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Dynamic Hosting at [email protected]