Resellers are responsible for:
Assuring that their customers comply with all of Dynamix Incorporated's Terms of use.
Billing and collections for their customers.
Support for their customers.

“Client” – Any Individual, Business, Partnership, company, or charity obtaining or proposing to obtain goods or services from Dynamix Incorporated.

“Intellectual Property Rights” – copyrights, patents, registered, and unregistered design rights, topography rights, trademarks, and services marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence, and other intellectual and industrial property rights in all parts of the world.

“Inappropriate Material” – material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following; abusive, defamatory, harmful, libelous, malicious, obscene, pornographic, profane, threatening, unlawful, infringes any Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, Trojan horse, or other harmful code.

“Services” – the services identified to be provided by Dynamix Incorporated to the Client on any letter of confirmation, quotation or other correspondence from Dynamix Incorporated to the Client.

Once the Client has approved the design concept image, web development will begin and any changes to design concept after that point will be billed at our normal hourly rate.

Once development is complete, Dynamix Incorporated will invoice the Client for any remaining balance. The Client then has a period of up to 7 business days to carefully review the site, test all features, explore all links and advise Dynamix Incorporated of any needed corrections that the Client requires and approve our work. Dynamix Incorporated will carry out, free of charge, minor modifications as suggested by the Client, subject to the condition that the changes suggested by the Client are not unreasonable and do not involve substantial deviation from the original Agreement between Dynamix Incorporated and the Client.
Unless notified otherwise during the 7 day period, Dynamix Incorporated will consider the project approved and complete. Any additional services requested at any time will be billed at our normal hourly rate.

In case the Client has not secured web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the Client on CD or attached to an e-mail message.

Payments should be made payable to:
Dynamix Incorporated
4697 Foots Creek Rd
Gold Hill, OR 97525

All payments will be made in US funds. All Payments should be made by cash, check, or money order. Amounts not paid within 15 days of the date of invoice shall bear interest at the rate of 5% per month.

Client agrees to pay all costs of collection of amounts due hereunder, including reasonable attorneys' fees. At no time shall any associated work, logos, images, or programming code be released to Client until payment for those items have been made in full.

Client is responsible for obtaining any and all clearances and permissions associated with use of such materials on the web page prior to providing same to Dynamix Incorporated. If copyright notices are required to be used in association with such materials, Client is responsible for identification of the materials subject to the restriction, and for providing Dynamix Incorporated with the necessary wording of the notices to be used with the material subject to restriction. Client acknowledges that the equipment which will be used by the public to view Client's Web site provides the capability for all who access such material to copy same for their own use and that Dynamix Incorporated has no means by which to control such copying, and shall not be responsible for any of Client's damages which may result.

Where products or services supplied by Dynamix Incorporated to a Client are supplied to Dynamix Incorporated by third parties, the Client agrees to be bound by any Terms and Conditions of that supplier and any license agreements and fully indemnifies Dynamix Incorporated in every respect.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Dynamix Incorporated provides to customers);
2. any use by customers, or any access provided to customers by Dynamix Incorporated, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Dynamix Incorporated to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by Dynamix Incorporated to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the Dynamix Incorporated's Web site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by Dynamix Incorporated to customers, whether used or not;
8. any other Dynamix Incorporated services that are used by customers, whether offered or provided by Dynamix Incorporated to customers.

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Dynamix Incorporated customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Dynamix Incorporated customer (per the DMCA) to Dynamix Incorporated must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Dynamix Incorporated's sole discretion.

DMCA Copyright Infringement Notification Requirements:

• Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for Dynamix Incorporated to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
• Send the notification via mail, email, or fax to:
  
  Dynamix Incorporated
  DMCA Complaints
  4697 Foots Creek RD.
  Gold Hill, OR 97525
  Email: legal@websitehosting.net
  Fax: 541-582-0108

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Dynamix Incorporated is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Dynamix Incorporated will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Dynamix Incorporated must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Dynamix Incorporated may do so by disabling access to your entire web site.

DMCA Counter Notification Requirements:

• Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf.
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.
• The Customer's name, address, and telephone number(s).
• A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
• A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).
• Email the counter notification to legal@websitehosting.net.
  
  

• Check or Money Order
• Credit Card (VISA, MasterCard, American Express, Discover)
• Bank WireTransfer
• PayPal

• Returned (NSF) Checks
• Dynamix Incorporated charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
  
  
• Credit Card Chargebacks
• A $25.00 chargeback fee will be assessed for each credit card chargeback received by Dynamix Incorporated.
  
  
• Bank Wire Payments
• Dynamix Incorporated chargees a $10.00 fee for accepting payment via bank wire. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Dynamix Incorporated or the amount credited to your account will be less than your intended payment.
  
  
• Reactivation
  Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $50.00 fee will be assessed if Dynamix Incorporated restores your data files to your reactivated account. We do not guarantee that we will have files for a closed account.
  
  
• Hosting Plan Changes
  There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

• Platform Change
• Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
  
  
• Account Splits and Mergers
  Dynamix Incorporated encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Dynamix Incorporated separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: billing@websitehosting.net.
  
  

Hosting plans will automatically renew until a plan is cancelled. Please be aware that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by Dynamix Incorporated a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of Three (3) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan.

Dynamix Incorporated does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Dynamix Incorporated's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Dynamix Incorporated Corporation reserves the right to cancel any account, at any time, without notice, for any reason Dynamix Incorporated Corporation considers appropriate.

Instructions on cancelling a service can be found at http://www.websitehosting.net/knowledgebase.php?action=displayarticle&catid=3&id=36