Terms of Service

Dynamic Bloom Terms of Service and Acceptable Use Policy (the "Policy")
Terms last updated 12/17/2018

Dynamic Bloom’s Terms of Service & Acceptable Use Policy (the “Policy”) for Dynamic Bloom Products and Services is designed to help protect Dynamic Bloom, Dynamic Bloom’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Dynamic Bloom. Dynamic Bloom reserves the right to modify the Policy at any time, effective upon posting at http://backorderwatch.com/terms. A customer’s use of Dynamic Bloom’s services after changes to the AUP are posted on Dynamic Bloom’s web site will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

General Terms

1. In agreeing with this Terms of Service of Dynamic Bloom, the Client agrees to Terms of Service for all providers utilized by Dynamic Bloom.
2. This Terms of Service may be updated regularly and a copy can be requested by the Client at any time.
3. Services offered are subject to change but if you’re renewing current contract, existing services will be grandfathered in if at all possible.

Website Design and Hosting

1. Dynamic Bloom will not design, support, host, or provide any unmentioned services for or in relation to pornography, hate speech or hate propaganda, extremism, slander, and violence or harassment. Dynamic Bloom reserves the right to refuse service to any client or potential Client and will inform the client or potential Client of such before agreeing to perform work or consulting services. 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, adult, defamatory, constitutes an illegal threat, or violates export control laws.
2. Additionally you should be aware that the transit of material into, or through, other countries may be required to comply with the law in that country. In some cases this may include the transmission of encrypted messages.
3. Client can opt out of having a ‘Website Designed by’ link back to Dynamic Bloom listed on their site at any time by informing Dynamic Bloom via email or postal mail.

Expectation of Privacy

No Expectation of Privacy. You should be aware that, although privacy issues are very important to us, given the current regulatory and technical environment, you should not have an expectation of privacy in your use of any service, your account or any information associated with it. We cannot ensure that all private communications will remain private. We encourage customers to employ technical privacy solutions such as VPNs, e-mail encryption, complex passwords as warranted.

Client Responsibility

Each Dynamic Bloom customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from Dynamic Bloom, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a Dynamic Bloom customer will be forwarded to the Dynamic Bloom customer’s postmaster for action. If violations of the Dynamic Bloom Acceptable Use Policy occur, Dynamic Bloom reserves the right to terminate services with or take action to stop the offending customer from violating Dynamic Bloom’s TOS/AUP as Dynamic Bloom deems appropriate, without notice. Dynamic Bloom at its discretion, may implement technical mechanisms to prevent a Prohibited Activity.

If an abuse complaint is received Dynamic Bloom reserves the right to request information from the customer in order to investigate complaint. Failure to provide the requested information within 48 hours of the request may be grounds for temporary disconnection of service until the requested evidence is produced.

Client Data Responsibility

It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Dynamic Bloom is not responsible for lost data.

Limitation of Damages or Liability

Dynamic Bloom SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. Dynamic Bloom SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF Dynamic Bloom AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED IN ONE MONTH ON THE ACCOUNT. Dynamic Bloom PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND Dynamic Bloom SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

Governing Law

This Agreement will be interpreted and enforced in accordance with the laws of the State of Pennsylvania and Lackawanna County Pennsylvania and the federal laws of the United States of America applicable therein. The venue for any litigation to enforce this agreement shall be the county of Lackawanna and the state of Pennsylvania.

Termination

Dynamic Bloom may terminate user accounts at any time, without notice, for conduct that violates these guidelines or for ANY other reason. Dynamic Bloom may terminate user accounts and delete any and all user information for conduct that Dynamic Bloom believes is harmful to the business of Dynamic Bloom Dynamic Bloom or to any of its users or partners. Web sites found violating these items may be subject to immediate deletion and removal from our servers, and their Webmasters subject to banishment from the Dynamic Bloom network.