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 online to this URL: www.dynamic.net/terms.html

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 online to this URL: http://www.dynamic.net/aup.html

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