This Terms and Conditions of Use Agreement (the "Agreement") controls your referred to as "Customer," "you," or "your") use of DYNTEX Group, Inc. (hereby called "DYNTEX") web site hosting and related services. To offer you the best service possible, all Customers need to follow the same rules and guidelines. These policies are intended to make DYNTEX's Service available to all our Customers as consistently and efficiently as possible.
All services may be used for lawful purposes only. Through DYNTEX's Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, eMail, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the DYNTEX Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.
DYNTEX is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, DYNTEX has the right, but not the obligation, to edit, remove or deny access to such content. DYNTEX may disclose any content or records concerning Customer's account as required to satisfy any Law, Regulation, Governmental Request or Court Order.
Pornography and sex-related merchandising are prohibited on all DYNTEX Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to DYNTEX's Servers or any other Server on the Internet. Links to such materials are also prohibited. Accounts may be terminated that include the following content or which have links to the following content:
Customers may not
use the DYNTEX with an attempt to circumvent user authentication or
security of any host, network, or account. This includes, but is not
limited to, accessing data not intended for the Customer, logging into
a Server or Account the Customer is not expressly authorized to access,
password cracking, probing the security of other networks in search
of weakness, or violation of any other organization's Security Policy.
Customers may not attempt to interfere or deny service to any User,
Host or Network. This includes, but is not limited to, flooding, mail
bombing, or other deliberate attempts to overload or crash a Host or
Network. DYNTEX will cooperate fully with investigations of violations
of Systems or Network Security at other sites, including cooperating
with Law Enforcement Authorities in the investigation of suspected criminal
violations. Users who violate System or Network Security may incur Criminal
or Civil Liability.
Any attempt to undermine or cause harm to a server, or customer, of DYNTEX is strictly prohibited. Unauthorized use of other people's accounts or computers DYNTEX will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a DYNTEX customer, whether or not the attacked account or computer belongs to DYNTEX, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
DYNTEX has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not
run IRC, bots or clients. Unacceptable uses also include, but are NOT
limited to: Bulk emailing, unsolicited emailings, newsgroup spamming
and/or anything else determined by DYNTEX to be unacceptable use of
DYNTEX's services including abuse of server resources.
Unsolicited Email (Spam)
advertisements are not allowed in e-mail, and will likely result in
account suspension or cancellation. Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate
posting may result in account suspension or cancellation. See the newsgroup
or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such. Sending
a message, especially an advertisement, to more than five or six recipients,
is by itself spamming unless the individuals have specifically requested
to be added to a mailing list on that topic. E-mail is a person-to-person
medium, not a broadcast medium. Upon your first Spam offense your mail
will be disabled for 72 hours. Upon your second Spam offense your entire
domain will be disabled for 72 hours and you will be fined $100.00 per
sent Spam. Upon your third offense your account with DYNTEX will be
terminated, you will be fined $200.00 per sent Spam. No refunds will
be given if your account is terminated for Spam.
of SMTP Mail Server
You expressly (i) grant to DYNTEX a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by DYNTEX under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
DYNTEX shall maintain
and control ownership of all IP numbers and addresses that may be assigned
to you by DYNTEX and DYNTEX reserves, in its sole discretion, the right
to change or remove any and all such IP numbers and addresses.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible
for the security of any customer credit card numbers and related customer
information you may access as a result of conducting electronic commerce
transactions through your Web Site. You will keep all such information
confidential and will use the same degree of care and security as you
use with your confidential information.
All accounts are
set up on a pre-pay basis. Setup fees are charged for all new accounts
and major account changes and are non-refundable. All pricing is guaranteed
for the term of pre-payment. DYNTEX reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account not
brought current within a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension. The customer is
responsible for all money owed on the account from the time it was established
to the time that the customer notifies DYNTEX to request for termination
of services. All payment is in U.S. currency. DYNTEX will bill each
client $50 per returned check, per wire transfer received and per credit
card chargeback received. Your particular billing cycle corresponds
to the contract length that was initially chosen at setup. Your account
will automatically renew at this length. Please contact the billing
should you wish to change your billing cycle.
DYNTEX reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by DYNTEX if DYNTEX institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Dyntex's
web hosting plans are backed by a 30 day money back guarantee. If you
are not completely satisfied with our services or support within the
first 30 days of your contract, you will be given a full refund of the
contract amount excluding setup fees, domain registration fees, add-on/upgrade
fees and overages. For web hosting contracts of 3 months or less, the
full contract amount less any setup fees and overages will be refunded
if Dyntex is notified within the first 30 days following activation.
No refund is available after the 30th day. For web hosting contracts
longer than 3 months, a refund equal to one half of the contract amount
less any setup fees and overages will be given if Dyntex is notified
prior to the first day of the third month of the contract term. If you
cancel prior to the end of your contract term and you received special
pre-pay rates, your hosting fees will be adjusted so that you pay the
regular, non-discounted monthly fees. No refunds for any reason will
be given once the third month of the contract term has begun. This policy
does not apply to any additional services such as overages, referrer
logs, real audio/video, additional disk space, additional pop accounts,
etc. Due to security concerns, all account cancellations must be done
via our cancellation
forms. Phone or email requests will not constitute acceptance of
any cancellation. Refunds will be made by company check, or issued back
to your credit card within 30 days of receipt of cancellation.
DYNTEX reserves the right to refuse service to anyone. Customers may only use DYNTEX server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of DYNTEX management. IN NO EVENT SHALL DYNTEX'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
DYNTEX at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against DYNTEX, regarding such changes.
The content available
through the Site is the sole property of DYNTEX or its licensors and
is protected by copyright, trademark and other intellectual property
laws. Except as otherwise explicitly agreed in writing, DYNTEX-owned
content received through the Site may be downloaded, displayed, reformatted
and printed for your personal, non-commercial use only. Content owned
by DYNTEX licensors may be subject to additional restrictions. You agree
not to reproduce, retransmit, distribute, disseminate, sell, publish,
broadcast or circulate the content received through the Site to anyone,
including but not limited to others in the same company or organization
without DYNTEX's express prior written consent.
You acknowledge that third party product and service providers advertise their products and services on the DYNTEX web site. DYNTEX forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is DYNTEX making any representation or warranty regarding any third party's products or services, nor will DYNTEX be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against DYNTEX with respect to third party products and services, to the maximum extent permitted by law.
expects that its customers who provide internet services to others will
fully comply with all applicable laws concerning the privacy of on-line
communications. A customer's failure to comply with those laws will
violate this policy. Finally, DYNTEX wishes to emphasize that in accepting
services, customers indemnify DYNTEX for the violation of any law or
DYNTEX policy, that results in loss to DYNTEX or the bringing of any
claim against DYNTEX. This means that if DYNTEX is sued because of activities
of the customer that violate any law, or this policy, the customer will
pay any damages awarded against DYNTEX, plus costs and reasonable attorneys'
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