Web Hosting Terms of Use Policy

1) SERVICE. Brent Dynamics will sell and Customer will purchase Web Hosting Services.
a) Web Hosting Service means - Any act of serving the Customer, being provided by Brent Dynamics, regardless of its duration and whether it's a paid service or a service for free. The Services are provided "as is" and "as available" without warranties or conditions of any kind.
b) Without limiting the scope of item 1.a. above, Brent Dynamics will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document.
c) Brent Dynamics Services are defined as the use by the Customer of computing, telecommunications, software, and information services provided by Brent Dynamics. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
d) Brent Dynamics does not host Adult/Pay-Per-View style websites or pornographic websites.

2) DOMAIN NAME REGISTRATIONS. Brent Dynamics’ role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). Brent Dynamics does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission.
a) Brent Dynamics will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information has to be made to Brent Dynamics. Be advised that upon registering a domain name with Domain Name Systems, Inc and WebNames.ca, Inc. you will be subject to the Terms and Conditions of these registrars, or other registries as applicable.

3) TERM. The term of use is month to month, unless otherwise agreed upon. The Customer's Web Hosting services will be automatically renewed on the final day of the Term unless terminated in accordance with Section 5.

4) UNLIMITED TRAFFIC RESTRICTIONS. For nearly all of our business customers, there will be no practical limit on the amount of traffic from your website. (Among our thousands of business customers, over 99% currently use less than 2GB of traffic per month.) For the 1% of our customers who have heavy traffic requirements, you will be charged for excess traffic above certain limits: For all hosting customers, excess traffic charges will apply above 10GB per month.

5) TERMINATION.
a) For Cause. Either party may terminate the Customer's Web Hosting services for cause without penalty in the event that the other party breaches any material term of this Policy. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate, which shall clearly describe the problem(s) constituting cause. Customer shall cooperate with Brent Dynamics in enforcing the Web Hosting Terms of Use Policy (WHTUP) (www.BrentDynamics.net) or available from Brent Dynamics at Customer's request.
b) For Convenience. Customer may terminate their Web Hosting services at any time for convenience after giving Brent Dynamics written notice 14 days before the following payment period. In the event of such termination, Customer forfeits all prepaid fees.
c) Abusive Conduct. Giving false information to obtain access to the Company's system and/or purchase any service. Any other activity or activities that Brent Dynamics in its sole discretion determines is unethical or damaging to other customers, users of the Internet, Brent Dynamics' Network or to our corporate reputation.

6) ABUSE OF SERVICES. Any use of Brent Dynamics system resources that disrupts the normal use of the system for other Brent Dynamics customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Brent Dynamics forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy, the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.

Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by Brent Dynamics Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Brent Dynamics Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer.

Unethical and criminal offenses are violations of Brent Dynamics conditions of use. You are expected to report to Brent Dynamics any information you may have concerning instances in which the conditions of use have been or are being violated. When Brent Dynamics becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Brent Dynamics may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.

7) BILLING. Customer is responsible for all applicable charges for services rendered, as set forth in the Web Hosting and Hosting Options pricing structure, as detailed at www.BrentDynamics.net at time of order submission, plus all applicable taxes. Web Hosting is a pre-paid service. Invoicing for Web Hosting Services is delivered after the charge has already been applied. If Customer is paying by cheque or money order, Customer will be invoiced in advance of payment due. Customer is required to pay in a minimum of one-month when paying by cheque or money order. Invoices may be delivered by email, fax or mail. Service interruption does not relieve Customer from the obligation to pay the monthly charge. Additional fees may apply for NSF payments, reactivations, terminations, and changes of service. Accounts are in default if payment is not received within 30 days after day of invoice. If Customer defaults, Customer agrees to pay Brent Dynamics its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. Accounts in default are subject to an interest charge of 1.5% per month (19.56%. per annum).

8) USE OF NETWORK. Brent Dynamics Services are for the exclusive use of the Customer as contemplated by this WHTUP and is restricted by the WHTUP. Brent Dynamics reserves the right to amend the WHTUP from time to time. Customer acknowledges that it has read the WHTUP in effect at the date hereof.

9) IP ADDRESSES. Brent Dynamics maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

10) CUSTOMER RESPONSIBILITY. It is Brent Dynamics' responsibility to install and maintain all Brent Dynamics' hardware, software and Network Infrastructure. Customer will have sole responsibility for ensuring that any additional software and services are compatible with Brent Dynamics' requirements and that they continue to be compatible with any modifications to any of the Services by Brent Dynamics from time to time. Brent Dynamics, at its sole discretion may deny any additional software application installations.

11) AGE OF MAJORITY. Brent Dynamics cannot accept agreements and payments from persons under the age of 18 years. Therefore, Brent Dynamics requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept the WHTUP and ensure the proper payment.

12) MODIFICATIONS. Brent Dynamics may, from time to time, modify the charges (including late payment charges) or any other term or condition of the Web Hosting services provided that it gives the Customer at least 30 days advance written notice. Customer shall have the option to continue their Web Hosting services at the new charge or terminate their Web Hosting services upon giving written notice to Brent Dynamics prior to the expiration of the 30 day period referred to above.

13) MISCELLANEOUS. This WHTUP shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada as applicable therein. Brent Dynamics may assign its rights and obligations under this WHTUP without your prior written consent. The Customer may not assign their Web Hosting services without the prior written consent of Brent Dynamics. This WHTUP remains binding upon the parties and their respective heirs, executors, trustees, successors, and assigns.

14) DATA, PROTECTION. Customer acknowledges having read Brent Dynamics's Privacy & Security statement in effect at the date hereof, available at www.BrentDynamics.net.

15) LIMITATION OF LIABILITY. In no event will Brent Dynamics be liable for:
a) incidental, indirect, special or consequential damages or,
b) any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this WHTUP or the use or performance of Brent Dynamics Services, whether in action or of contract or tort including but not limited to negligence. Brent Dynamics' liability for damage to property shall be limited to physical damage directly caused by the sole negligence of Brent Dynamics and in not event shall exceed the charges associated with the provision of the Services. No action may be brought under this WHTUP more than two (2) years after its termination, or in the event of default by one of the parties, more than two (2) years after such default has come to the notice of the other party.

16) INDEMNIFICATION. The Customer hereby covenants and agrees to indemnify, defend and save harmless Brent Dynamics and its Partners, employees, legal representatives, successors and assigns, and each of them, from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, judgments, losses, damages, costs, charges, lawyers' fees, and other expenses of every nature and character by reason of the Partner's business and/or actions in respect of this WHTUP. The Partner further covenants and agrees that the provisions contained in this Section 15 shall survive the termination or earlier expiration of the Customer's Web Hosting services and shall be liberally construed in favour of Brent Dynamics.

17) FORCE MAJEURE. Brent Dynamics shall not be liable for any loss, damage, delay or failure to perform whole or in part resulting from causes beyond Brent Dynamics’ control, including, but not limited to, fires, earthquakes, strikes, delays in transportation, or requirements of any government agency.