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.

User-Supplied Content

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:

• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity;
  
  
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual ;
  
  
• Displaying material containing obscene nudity or pornographic material;
  
  
• Displaying material that exploits children under 18 years of age;
  
  
• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Network Security

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.

Server Abuse

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)

Unsolicited commercial 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.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the DYNTEX Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Server Resources

Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Intellectual Property Rights

Material accessible to you through DYNTEX's Services may be subject to protection under the United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DYNTEX Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the DYNTEX Network. If you use a domain name in connection with the DYNTEX Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.

Static / Dynamic Content Caching

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.

Electronic Commerce

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.

Payment Policies

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 department at should you wish to change your billing cycle.

Cancellation

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.

Lawful Purpose

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.

Indemnification

Customer agrees that it will protect, indemnify, save and hold DYNTEX harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against DYNTEX, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold DYNTEX harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with DYNTEX's Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from DYNTEX's Services.

Disclaimer

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.

DYNTEX will not be responsible for any damages your business may suffer. DYNTEX makes no warranties of any kind, expressed or implied for services we provide. DYNTEX disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DYNTEX and its employees. DYNTEX reserves the right to revise its policies at any time. All sub-networks, resellers and dedicated servers of DYNTEX must adhere to the above policies.

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.

DYNTEX furthermore 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' fees.