This Acceptable Use Policy (AUP) describes the prohibited uses of the Internet and web services (the “Services“) offered by Dynamic Concepts, Inc. (Dynamic). The examples described in this Policy are not exhaustive. Dynamic reserves the right to modify this Policy at any time. By using the Services or accessing any Dynamic website or portal (Dynamic Sites), you agree to the latest version of this AUP. If you violate the AUP or authorize or help others to do so, we may temporarily or permanently remove content or suspend or terminate all or a portion of your Services, without notice.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY YOU HAVE GRANTED ACCESS TO THE SERVICES SHALL BE CONSIDERED VIOLATIONS OF THE POLICY.
Dynamic’s networks and services may be used only for lawful purposes. You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Dynamic Sites for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Customer shall at all times comply with all applicable laws and regulations of the United States of America and other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, technical data and/or products and services. Prohibited activities or content include:
- Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
- Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
- Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
- Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
You must comply with any bandwidth; data storage and other limitations that may be in effect for the services you have purchased. Use in excess of any such limits may result in the requirement to move to a higher level of service, or a payment for the additional services being used.
SYSTEM AND NETWORK SECURITY
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
- Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
- Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
- Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. You will not use another site’s mail server to relay mail without the express permission of the site.
MONITORING AND ENFORCEMENT
Violations of system or network security are prohibited, and may result in criminal and civil liability. While Dynamic has no obligations to monitor services or network transmissions, Dynamic reserves the right to monitor such services and transmissions from time to time and will investigate incidents involving such violations.
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Dynamic Sites. We may:
- investigate violations of this Policy or misuse of the Services or Dynamic Sites; or
- remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or a Dynamic Sites.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
You are solely responsible for the content stored or delivered by any of the Services Dynamic provides, as well as the security of your applications and data stored thereon. You must obtain all required legal permissions for the use of such content. Dynamic reserves the right to refuse to post, or, to remove any information or materials, in whole or in part, that, in its sole discretion deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.
Comments, questions, or concerns should be addressed to: firstname.lastname@example.org
Interim Designation by Service Provider of Agent for Notification of Claims of Infringement.
This notification is made without prejudice or admission as to the applicability of the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c), to Dynamic Concepts Incorporated.
Full Legal Name of Service Provider:
Dynamic Concepts Incorporated
Alternative Name(s) of Service Provider (including all names under which the service provider is doing business):
Dynamic, Dynamic Concepts, Dynamic Concepts, Inc., DCI, SimpleWeb
Address of Service Provider:
16501 Scientific Irvine, CA 92656 USA
Name of agent designated to receive notification of claimed infringement:
Full address of designated agent to which notification should be sent:
Dynamic Concepts Inc.
16501 Scientific Irvine, CA 92656 USA
Telephone number of designated agent:
Facsimile number of designated agent:
Email address of designated agent:
Dynamic makes no representations about the suitability of the information contained in the documents published on this Server for any purpose. All such documents are provided “as is” without warranty of any kind. Dynamic hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. In no event shall Dynamic be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this Server.
The documents and related graphics published on this Server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Dynamic may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
This encryption software download license supplements the general terms applicable to any downloaded software. Dynamic Concepts, Inc. (“Dynamic”) software contains encryption technology and subject to export regulations under United States law. The products are eligible for export and subject to License Exception ENC under Sections 740.17(a) and (b)(3) of the export administration regulations of the United States Department of Commerce, Bureau of Industry and Security.
The Export Control Classification for dL4Term, dL4 and UniBasic are: 5D002(C.1)
The Commodity Classification Automated Tracking System (CCATS) numbers are:
• dL4Term: G051176
• dL4 and UniBasic: G052191
You also acknowledge that the software is subject to export restrictions under the Export Administration Act (the “EAR”), and you agree not to export or re-export the software in violation of the rules and regulations of the U.S. Bureau of Industry and Security. Among other things, this software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, any un-authorized country, or any other country subject to U.S. trade sanctions. (See EAR § 738, Supp. 1 for an updated list of unauthorized countries.) This software may not be downloaded or otherwise exported or re-exported to any individuals or entities: (i) which are controlled by such countries, or to nationals or residents of such countries; or (ii) which are listed on either the Bureau of Export Administration’s Denied Parties List or the Treasury Department’s Specially Designated Nationals, Terrorists and Narcotics Traffickers List.
If you do not agree to any of the terms of this agreement you must indicate your choice on the software download page and you may not download, install, or use the software.
INTERNET SERVICES TERMS AND CONDITIONS
This Agreement is between you as an individual, partnership, corporation, association, or any combination thereof (hereinafter referred to as Customer), and Dynamic Concepts Incorporated, a California corporation, at 18-B Journey, Aliso Viejo, California, United States of America (hereinafter referred to as Dynamic)
EFFECTIVENESS, TERM AND RENEWAL
This Agreement shall continue until canceled by either party with thirty (30) day’s written notice.
Dynamic reserves the right to modify the Terms and Conditions at any time, effective upon posting of the modified Terms and Conditions in the “Purchase Terms” section of this page.
Dynamic reserves the right to immediately terminate this Agreement, without notice, if Customer violates any of the Terms and Conditions as outlined in the Dynamic Acceptable Use Policy (AUP) which is posted in the “Acceptable Use Policy” section of this page.
Use of Dynamic’s services constitutes, on the part of the Customer, acceptance of, and agreement to abide by, these Terms and Conditions and Dynamic’s AUP.
INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS AND CONDITIONS, AS WELL AS ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE TERMS AND CONDITIONS BY SUCH CUSTOMER OR END USER.
PRICES DO NOT INCLUDE TAXES
Prices do not include any taxes and are subject to an increase equal in amount to any taxes Dynamic may be required to collect and pay.
PAYMENT AND CHARGES
Internet Services may be prepaid by credit card (Visa, Mastercard or American Express), or billed quarterly.
Invoices for Internet services are invoiced and payable in advance for the term of the service. Invoices not paid within ten (10) days are past due. Internet services are subject to LOCKDOWN for any account twenty (20) days past due and become subject to a re-activation fee and payment by credit card.
LOCKDOWN renders a web site non-operational. Visitors to the site are informed that the site is temporarily unavailable. In addition, you will be unable to download or upload and all email will be returned to sender as undeliverable.
Failure to pay within ten (10) days following LOCKDOWN shall result in the termination of your account.
LIMITATION OF LIABILITY
Dynamic exercises no control whatsoever over the content of the information passing through its network. Dynamic makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. Dynamic also disclaims any warranty of merchantability or fitness for a particular purpose. Dynamic will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or your errors or omissions.
Use of any information obtained via Dynamic’s network is at your own risk. Dynamic specifically denies all responsibility for the accuracy or quality of information obtained through its services.
IN NO EVENT SHALL DYNAMIC BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF DYNAMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH.
Customer shall indemnify, defend and hold harmless Dynamic, its directors, employees, affiliates and agents from any action brought against them by any third-party in connection with these Terms and Conditions or AUP, from any claims resulting from the use of the service by you or any of your employees or agents or others. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer’s use or misuse of any rights granted herein.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in this Agreement or to be done pursuant to its terms and conditions is intended to, or shall, create a partnership or joint venture, for tax purposes or otherwise, between Dynamic and Customer.
GENERAL AND DYNAMIC RIGHTS AND REMEDIES
Violations of the Dynamic Acceptable Use Policy (AUP) may result in Dynamic taking such actions, including, but not limited to, temporary or permanent removal of content and the immediate suspension or termination of all or a portion of the Customer’s Services, without notice.
Upon termination of an account for violation(s) of Dynamic’s AUP or failure by Customer to pay amounts due to Dynamic, Dynamic is authorized to delete any files, programs, email messages and data associated with such account.
Neither Dynamic nor its affiliates shall have any liability for any such responsive actions. The above-described actions are not Dynamic’s exclusive remedies and Dynamic may take any other legal or technical action it deems appropriate.
Dynamic reserves the right to investigate suspected violations of the AUP, including the gathering of information from the parties involved and the complaining party, if any, and examination of material on the Dynamic network. During an investigation, Dynamic may suspend the account(s) involved and/or remove material that potentially violates this Policy.
You hereby authorize Dynamic and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet Service Providers or other network or computing facilities in order to enforce the AUP. Such cooperation may include Dynamic providing the user name, IP address, or other identifying information about a customer.
The failure of Dynamic or its affiliates to enforce the Terms and Conditions or AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of these Terms and Conditions or AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
This License Agreement is governed by, and shall be construed in accordance with the laws of the State of California. Venue for any litigation or claim hereto shall be the California State courts in Orange County, California, USA. Customer consents and unconditionally submits to personal jurisdiction of the California State courts and waives any special treaty or legal requirements providing for restrictions upon such jurisdiction and on service of process.
Effective Date: August 2006
What Type of Personal Information Do We Collect?
You can visit the Dynamic Website without providing any personal information. Whenever you purchase product licenses, or submit information in connection with customer support from the Dynamic Website, we may obtain and collect personally identifiable contact information (your “personal information”) such as your name, email address, payment information (i.e. credit card number/expiration date), tax or resale certificate id, telephone number and mailing address.
How Do We Use Personal Information?
Dynamic uses your personal information to process orders and to better understand customer needs and interests to provide better service. Dynamic will only use personal information to support customer relationships with the company. Dynamic may use personal information in any of the following ways:
Customer Service – Dynamic may use your personal information to respond to customer requests or perform services requested by you. Unless you opt-out of receiving such information, Dynamic may also use your personal information to send marketing email on its own behalf.
Marketing Research – Dynamic may compile and/or distribute aggregate (not individual) information about our visitors, to provide our website designers with information about usage patterns that may aid in developing new features and services.
Financial Transactions – Dynamic may use your financial information to process, validate and verify requests and/or purchase orders. Dynamic employs secure server technology for online purchasing which encrypts your financial information before it is transmitted over the Internet, making it secure. Dynamic will also use personal information to comply with export laws.
Third Party Disclosure
Dynamic will not sell, rent, or otherwise disclose your email address for use in connection with a third party’s marketing without your permission. Dynamic may, from time to time, disclose personal information in connection with any of the following:
Agents – Dynamic reserves the right to disclose personal information to third parties working on Dynamic’s behalf who may require your information in order to provide products or services to you.
Protection of Dynamic – Dynamic reserves the right to disclose personal information in order to enforce its own conditions of use, enforce any other agreements it maintains with its visitors, or to otherwise protect the rights, property, or safety of Dynamic, its employees, its users, or others.
Identity Verification – Dynamic’s right to exchange personal information with third party companies and organizations for purposes of fraud protection, credit reduction, and compliance with export laws.
Disclosure by Law – Dynamic reserves the right to disclose personal information when it believes in good faith that release is necessary to comply with local, state, federal, national or international government or law enforcement authorities. For example, Dynamic may disclose the identity of purchasers of certain software products to the U.S. Department of Commerce, Bureau of Export Administration as required under the terms of our export licenses.
Dynamic does not store or record the Internet Protocol (“IP”) addresses of visitors to the Dynamic Website for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes, to store the source location whenever someone provides Personal Information, or to comply with export laws. We cannot determine your identity solely based upon your IP address. However, an IP address can reveal what geographic area you are connecting from, or which Internet service provider you are using.
We do not collect personally identifiable information about you without your consent. You can always opt not to disclose personal information to Dynamic even though it might preclude you from making a purchase or take advantage of certain Dynamic Website features.
You can check the information that we hold about you by contacting us through our online support ticket system or our consultation page. If you find any inaccuracies we will delete or correct them promptly. You may also request deletion of your Dynamic account.
Dynamic may retain certain of your information if it believes in good faith that retaining such information is necessary to comply with law; enforce its conditions of use; enforce its other agreements it has with visitors; protect the rights, property, or safety of Dynamic, its employees, its users, or others; or comply with export laws.
Our Security Procedures
We are committed to the protection of any personal information we receive from our visitors. As with any transmission over the Internet there is always some risk invovled in sending personal information. To minimize any risk to our visitors, Dynamic encrypts all transactions between you and the Dynamic Website using 128 bit encryption technology. All personal information we obtain from you will be held securely on our corporate network and will not stored on any public servers, directly accessible from the Internet.
Dynamic Concepts Incorporated
Attn: Customer Privacy
16501 Scientific Way
Irvine, CA 92618 USA
Changes To Policy
Retail prices for Dynamic Concepts, Inc. (Dynamic) products and services shall be in accordance with the Dynamic Price List in effect at the time of order, reorder, or as specified on an authorized Dynamic Quotation in force at the time an order is accepted.
Dynamic prices do not include any bank charges or federal, state, municipal, or other government, excise, sales, use, occupational or like taxes. Prices are subject to an increase equal in amount to any tax Dynamic may be required to collect to pay upon sale or delivery of the products or services. Customer must submit any certificate of exemption to which he may be entitled.
TERMS AND CONDITIONS
Orders for products and services purchased shall be subject to and submitted in accordance with these Terms and Conditions irrespective of inconsistent or additional terms and conditions in Customer’s Purchase Orders or other documents submitted by Customer to Dynamic.
Dynamic prefers to establish a single account for each Customer. However, there are instances where a single Customer may require billing to more than one entity. Dynamic performs its billing and accounting by account, not by type of service.
If Customer establishes more than one account with Dynamic for its own accounting purposes, there can be no crossover transactions between such accounts. When paying by check, separate checks are required for each account and when paying by credit card, separate charges will be made for each account.
Dynamic’s terms of payment shall be prepaid by check or credit card (Visa, Master-card or American Express); C.O.D. where applicable; or Net Invoice. Customer may apply, in writing, to open an account and establish credit with Thirty (30) day terms. Only after credit has been approved, in writing, do terms of payment become Net thirty (30) days. Dynamic reserves the right to revoke any credit extended at Dynamic.s sole discretion.
Invoices shall be issued: a) in advance of a covered period for term service products, including Internet and Support services; b) immediately following the delivery of periodical consulting services; c) on delivery in the case of products; or d) as specified in a written quotation or agreement. In all cases, Customer agrees to pay such invoices when due regardless of other scheduled deliveries.
PAYMENT, CHARGES AND RETURNS
Invoices not paid within ten (10) days of the due date are considered past due.
If an account is more than fifteen (15) days past due, new orders may not be accepted until the account is current.
Services may be suspended when an account is more than twenty (20) days past due until the account is current. A re-activation fee is required to restore suspended services.
An account that is more than thirty (30) days past due is on credit hold. Services shall be suspended or terminated and orders shall not be accepted. In addition, any credit may be revoked and all future orders shall be prepaid or C.O.D. only.
Dynamic may include a monthly service charge on past due accounts, equal to five ($5) dollars or 1 1/2% per month on the unpaid balance, whichever is greater.
Accounts more than sixty (60) days past due shall be referred to collection. Customer agrees to pay collection charges incurred.
Dynamic offers a Thirty (30) day money-back return policy for purchases of tangible products. Refunds for term service will be prorated for the amount of unused service on the date we receive written cancellation instructions. Setup fees and consulting services already rendered are not refundable.
Delivery is made F.O.B., Dynamic’s facility in Irvine, California — freight and/or insurance charges paid by Customer.
The time of delivery is the time when the product is picked up or delivered to the carrier. Dynamic shall not be liable for any damages or penalty for delay in delivery of for failure to give notice of delay whether the delay be caused by Acts of God or man-made. In the absence of specific instructions, Dynamic will select the carrier. The carrier shall not be an agent of Dynamic, nor shall Dynamic assume any liability with regard to this shipment.
Ownership of any products purchased shall pass to Customer upon delivery by Dynamic. However, Dynamic shall retain a purchase money security interest in products sold or licensed now or hereafter (collectively called the “collateral”) and to the proceeds thereof until the full purchase price and all other liabilities due or to become due to Dynamic shall have been paid.
Upon any default by Customer under these Terms and Conditions, Dynamic shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, which rights shall be cumulative.
If Customer requires professional services for installation, support, or educational assistance, the services of Dynamic’s technical staff will be available to the Customer. For this service, Dynamic will charge its regular time and materials hourly or daily rates, plus any travel and per diem expenses.
LIMITATION OF LIABILITY
Customer agrees that Dynamic’s liability for any losses or damages, whether direct or indirect, from any cause whatsoever is limited to actual damages incurred by Customer. Customer further agrees that in no event shall such damages exceed the amount previously paid by Customer to Dynamic for products and services.
Customer further agrees that Dynamic will not be liable for any lost profits, or for any claim or demand against the Customer by any other party.
No action, regardless of form, arising out of the transactions under these Terms and Conditions or any other Dynamic Agreement, may be brought by Customer more than one (1) year after the cause of action has occurred.
IN NO EVENT WILL Dynamic BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF Dynamic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Dynamic SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES ORDERED.
Dynamic may sell any of its products and services to other customers without any consideration or liability to Customer whatsoever.
Dynamic and the “dynamic” domain names, including but not limited to dynamic.com, dynamic.net, dynamic.org; dL4, dL4 Term, UniBasic, UniBasic-IRIS, UniBasic-NIROS, UniBasic-IQ, UniBasic-BITS, UniBasic-IDOS, dynamicXport, dynamic paper, Software Assurance and Passport Security are trademarks of Dynamic Concepts Incorporated.
All other product and company names mentioned herein are the trademarks of their respective owners. Any references made are only for explanation and to the owner’s benefit, without intent to infringe.
Acrobat and the Acrobat logo are trademarks of Adobe Systems Incorporated.