Legal Terms, Conditions and Privacy Policy.

1. General. These InternetDynamo Inc. Terms of Service (this “Agreement”) along with the InternetDynamo Inc. Acceptable Use Policy and Privacy Policy govern your purchase and use of all InternetDynamo Inc. services (collectively, the “Services”), as described in the Order Form(s) (collectively, the “Order Forms”), submitted by you on the InternetDynamo Inc. Web Site and accepted by InternetDynamo Inc..

2. Service Fees and Billing. Customer agrees to pay for the Setup Fees and Monthly Service Fees indicated on the Order Forms (collectively, “Service Fees”).

2.1. Setup Fees. Customer shall pay for the Setup Fees along with the first Monthly Service Fees (the “Activation Fee”) upon InternetDynamo Inc.’s acceptance of this Agreement and the Order Forms. InternetDynamo Inc. will begin infrastructure equipment setup, and other setup services described in the Service Description after it receives and accepts: (1) completed Order Forms, (2) electronic confirmation of acceptance of this Agreement, and (3) payment of amounts due under this section and the Order Forms.

2.2. Monthly Service Fees. Customer shall begin paying for Monthly Services on the date that Services are activated. The Services are considered active when they are on-line and accessible through the Internet and the Customer has been notified of the method to access the Services.

2.3. Monthly Overage Fees. Customer shall pay for Overage Fees when their resource usage exceeds the montly allottment of resources included in their service plan. The rates for Monthly Overage Fees are published on the InternetDynamo Inc. Web Site. If the daily rate at which the Customer is accruing Monthly Overage Fees in any given month will cause the Estimated Monthly Overage Fees (caclulated by multiplying the last daily rate by the number of days remaining in the month) for that month to exceed the Monthly Service Fees by two hundred percent (200%), InternetDynamo Inc. may require Customer to secure payment for the Estimated Monthly Overage Fees immediately. It is the Customer's responsibility to monitor their usage using the tools provided on the InternetDynamo Inc. Web Site.

2.4. Payment. Customer shall pay for all fees and charges on or before the invoice due date of each and every month of this Agreement (the “Due Date”) with all amounts being paid without demand at the offices of InternetDynamo Inc.. Late payments will accrue interest at a rate of one and one-half percent (1 ½%) per month, or the highest rate allowed by applicable law, whichever is lower. If in its judgment InternetDynamo Inc. determines that Customer lacks the financial resources to meet its obligations to InternetDynamo Inc., InternetDynamo Inc. may require Customer to secure payment of its obligations to InternetDynamo Inc. before providing Services.

2.5. Taxes. All payments required by this Agreement are exclusive of applicable taxes and Customer shall be solely responsible for the same.

2.6. Modification of Service. Upon notice to Customer, InternetDynamo Inc. may modify or suspend Customer’s Service as necessary to comply with any law or regulation as reasonably determined by InternetDynamo Inc., including, without limitation, any use contrary to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512.

3. Service Maintenance. Customer acknowledges that from time to time InternetDynamo Inc. may deem it necessary to limit or suspend the availability of the Services to perform routine and remedial maintenance to the network, hardware, software, or other related assets.

4. IP Addresses. Any Internet protocol (“IP”) addresses that InternetDynamo Inc. may assign to you remain under the ownership and control of InternetDynamo Inc.. InternetDynamo Inc. may, at its sole discretion change or remove any and all IP addresses.

5. Security. InternetDynamo Inc. does not guarantee security of the information stored on its servers or passing through its Network. If your Site or Server is deemed to have been compromised and found to be the source of an attack or security breach on other Customers, Servers or Internet Users, InternetDynamo Inc. may immediately shut down your Site or Server. You will be responsible for any costs to correct an attack or breach resulting from the compromise of your Site or Server.

6. Other Networks; Approval and Usage. Services include the ability to transmit data beyond InternetDynamo Inc.’s Network, through other networks, public and private. Customer’s use of or presence on other networks may require approval of the respective network authorities and may be subject to any acceptable usage policies established by those networks. Customer will not hold InternetDynamo Inc. responsible for, and InternetDynamo Inc. expressly disclaims liability for, Customer’s violation of such policies. Customer understands that InternetDynamo Inc. does not own or control other networks outside of its Network, and InternetDynamo Inc. is not responsible or liable for performance (or non-performance) of those networks or the interconnection points between the Services and other networks that are operated by third parties.

7. Third Party Products. InternetDynamo Inc. may provide you access to third party software and/or services through relationships InternetDynamo Inc. has established with certain commercial vendors (“Third Party Vendors”). Unless otherwise noted, the Customer understands that support for Third Party Products is provided by InternetDynamo Inc. and not the Third Party Vendor. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER InternetDynamo Inc. NOR ANY THIRD PARTY VENDOR MAKES ANY REPRESENTATIONS OR EXPRESS WARRANTIES REGARDING ANY OF THE THIRD PARTY PRODUCTS AND DISCLAIMS ALL WARRANTIES, DUTIES AND CONDITIONS WITH RESPECT TO THE THIRD PARTY PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, OR CORRESPONDENCE TO DESCRIPTION. THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR QUIET POSSESSION WITH RESPECT TO THE THIRD PARTY PRODUCTS. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE THIRD PARTY PRODUCTS, IF ANY, REMAINS WITH YOU, THE CUSTOMER.

8. Resale. Customer may resell the Service. Customer assumes all liabilities arising out of or related to such third party sites and communications and will indemnify and hold InternetDynamo Inc. harmless from such liabilities and/or the resale of said services. Customer agrees to enter into written agreements with any and all parties to which it resells any portion of the Services with terms and conditions at least as restrictive and protective of InternetDynamo Inc.’s rights as the terms and conditions of this Agreement.

9. Acceptable Use Policy. Customer expressly agrees to at all times conform its use of the Service and Network to InternetDynamo Inc.’s Acceptable Use Policy, as updated from time to time. If InternetDynamo Inc. is informed by government authorities or other parties of inappropriate or illegal use of InternetDynamo Inc.’s facilities (including but not limited to the Network) or other networks accessed through InternetDynamo Inc., or InternetDynamo Inc. otherwise learns of such use or has reason to believe such use may be occurring, then Customer will cooperate in any resulting investigation by InternetDynamo Inc. or government authorities. If Customer fails to cooperate with any such investigation or fails to immediately rectify any illegal use, InternetDynamo Inc. may immediately suspend Customer’s Service without further notice to Customer.

10. Term. This Agreement shall commence on the date Services are first provided by InternetDynamo Inc. and continue for one (1) month (the “Initial Term”), and, unless terminated as herein provided, shall be automatically renewed at the end of the Initial Term and ongoing successive terms for a period of one (1) month on the same terms and conditions contained herein unless either party notifies the other party in writing at least fifteen (15) days prior to the expiration of the current term that it does not want the Term to so renew.

11. Termination

11.1. For Nonpayment. After fifteen (15) days of non-payment from the Due Date, InternetDynamo Inc. may disable Service. To re-enable Service, InternetDynamo Inc. will require a reconnection fee. After thirty (30) days of nonpayment from the Due Date, or such longer period as InternetDynamo Inc.’s Billing Terms & Conditions may provide, InternetDynamo Inc. may terminate the Service permanently. Termination does not terminate Customer’s obligations under this Agreement, including the obligation to pay all fees for Service during the Term.

11.2. Unacceptable Use; Bankruptcy. InternetDynamo Inc. may terminate this Agreement upon written notice to Customer for violation of the Acceptable Use Policy. InternetDynamo Inc. may also terminate this Agreement if Customer becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors or becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

11.3. For Cause. Either party may terminate this Agreement if the other party materially breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees which failure is subject to Section 11.1 above or for failure to comply with InternetDynamo Inc.’s Acceptable Use Policy as set forth in Section 11.2.

11.4. No Liability for Termination. Neither party will be liable to the other for any termination or expiration of this Agreement in accordance with its terms. However, expiration or termination will not extinguish claims or liability (including, without limitation, for payments due) arising prior to such expiration or termination.

11.5. Effect of Termination. Upon the effective date of expiration or termination of this Agreement: (a) InternetDynamo Inc. will immediately cease providing the Services; (b) any and all payment obligations of Customer under this Agreement will become due immediately, including but not limited to Monthly Services through the end of the term indicated on the Order Forms.

11.6. Survival. The following provisions will survive any expiration or termination of the Agreement: 8, 12, 13, 14 (for a period of three (3) years), 11.4-11.6, and 15.

12. Defense of third party claims and Indemnification.

12.1. Defense. Customer will defend InternetDynamo Inc., its directors, officers, employees, affiliates and customers (collectively, the “Covered Entities”) from and against any and all claims, actions or demands brought by or against InternetDynamo Inc. and/or any of the Covered Entities alleging: (a) with respect to the Customer’s business: (I) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the Acceptable Use Policy; (b) any damage or destruction to the Network, InternetDynamo Inc. premises, InternetDynamo Inc. Equipment or to any other InternetDynamo Inc. customer which damage is caused by or otherwise results from acts or omissions by Customer, Customer Representative(s) or Customer's designees; or (d) any other damage arising from the Customer’s business (collectively, the “Covered Claims”).

12.2. Indemnification. Customer hereby agrees to indemnify InternetDynamo Inc. and each Covered Entity from and against all damages, costs, and fees awarded in favor of third parties in each Covered Claim, and Customer will indemnify and hold harmless InternetDynamo Inc. and each Covered Entity from and against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, “Losses”) suffered by InternetDynamo Inc. and each Covered Entity which Losses result from or arise out of a Covered Claim.

12.3. Notification. Customer will provide InternetDynamo Inc. with prompt written notice of each Covered Claim of which Customer becomes aware, and, at InternetDynamo Inc.’s sole option, InternetDynamo Inc. may elect to participate in the defense and settlement of any Covered Claim, provided that such participation shall not relieve Customer of any of its obligations under this Section 12.

13. Limitations of Liability.

13.1. Damage to Customer Business. In no event will InternetDynamo Inc. be liable to Customer, any Customer Representative, or any third party for any claims arising out of or related to Customer’s business, Customer’s customers or clients, Customer Representative’s activities at InternetDynamo Inc. or otherwise, or for any lost revenue, lost profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect or consequential damages, loss of data, or interruption or loss of use of Service or of any Customer’s business, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

13.2. Maximum Liability. Notwithstanding anything to the contrary in this Agreement, InternetDynamo Inc.'s maximum aggregate liability to Customer related to or in connection with this Agreement will be limited to the total amount paid by Customer to InternetDynamo Inc. hereunder for the Three (3) month period prior to the event or events giving rise to such liability.

14. Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, including the terms and conditions of this Agreement (“Confidential Information”). Confidential Information will include, but not be limited to, each party's proprietary software and customer information. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information and will take reasonable precautions to protect the confidentiality of such information. Information will not be deemed Confidential Information hereunder if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; (iv) is independently developed by the receiving party; or (v) is required to be released by law or regulation, provided that the receiving party provide prompt written notice to the disclosing party of such impending release, and the releasing party cooperate fully with the disclosing party to minimize such release.

15. Miscellaneous Provisions.

15.1. Force Majeure. Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.

15.2. Marketing. Customer agrees that InternetDynamo Inc. may refer to Customer by trade name and trademark, and may briefly describe Customer’s Business in InternetDynamo Inc.'s marketing materials and web site. Customer hereby grants InternetDynamo Inc. a limited license to use any Customer trade names and trademarks solely in connection with the rights granted to InternetDynamo Inc. pursuant to this Section 15.2. All goodwill associated with Customer’s trade name and trademarks will inure solely to Customer. Customer may display the InternetDynamo Inc. logo, or any other InternetDynamo Inc. trademark or service mark, on Customer’s web sites or marketing literature only after obtaining InternetDynamo Inc.’s written approval on a case-by-case basis, and provided that Customer abides by the InternetDynamo Inc. trademark guidelines and such other guidelines as InternetDynamo Inc. may provide Customer. All goodwill associated with InternetDynamo Inc.’s trade name, trademarks, slogans and logos will inure solely to InternetDynamo Inc..

15.3. Credit Check. InternetDynamo Inc., at its sole discretion, determination and expense, may take the necessary and required action to conduct a credit check on Customer with any one or more of the major credit reporting agencies. Customer shall reasonably cooperate with InternetDynamo Inc. to obtain credit information.

15.4. Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.

15.5. Assignment. InternetDynamo Inc. reserves the right and Customer grants the right for InternetDynamo Inc. to assign the rights and responsibilities of this Agreement to a third party. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of InternetDynamo Inc. in each instance. Notwithstanding the foregoing, Customer upon notice to InternetDynamo Inc., may assign all of its rights and delegate all of its duties under these terms and conditions and any applicable Contract to (a) a subsidiary, affiliate or parent company; (b) any entity that Customer controls, is controlled by, or is under common control with; or (c) any entity which succeeds to all or substantially all of the party’s assets, whether by merger, sale or otherwise, provided such entity is not a competitor to InternetDynamo Inc.; has a net worth at least equal to Customer at the time of the requested assignment; and agrees in writing to assume all duties, obligations and responsibilities of Customer under all applicable Contracts and these terms and conditions and to otherwise be bound as provided for herein. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns. Each request by Customer for a proposed assignment shall be accompanied by a nonrefundable fee payable to InternetDynamo Inc. in the amount of Five Hundred Dollars ($500.00) to cover InternetDynamo Inc.’s administrative, legal and other costs and expenses incurred in processing each of Customer’s requests.

15.6. Notices. Any notice or communication required or permitted to be given hereunder may be delivered personally, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party first indicated below, or at such other address as either party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered, or five (5) days after mailed or sent, whichever is earlier.

15.7. Relationship of Parties. InternetDynamo Inc. and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between InternetDynamo Inc. and Customer. Neither InternetDynamo Inc. nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

15.8. Choice of Law and Attorney’s Fees. This Agreement will be governed by and construed pursuant to the laws of the State of Florida. Jurisdiction and venue for purposes of any litigation in connection herewith shall be in the Circuit Court located in Miami-Dade County, Florida. In the event of any litigation hereunder the prevailing party shall be entitled to an award of reasonable attorney’s fees and court costs at all trial and appellate court levels.

15.9. Entire Agreement; Amendments. This Agreement, together with the Order Forms and InternetDynamo Inc. policies referred to in this Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral. InternetDynamo Inc. may modify any of the terms and conditions in this Agreement, the Acceptable Use Policy or Privacy Policy, at any time at its sole discretion. Any modifications are effective upon posting of the revisions on the InternetDynamo Inc. Web Site. Continued use of the Services constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the Services and immediately notify InternetDynamo Inc. of your termination of this agreement in the manner described in Section 10.

15.10. Severability. Should any terms of this Agreement be declared void or unenforceable by any arbitrator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect.

Last Update: 4/21/2007

Privacy Policy

Your privacy is important to us. We collect only the information necessary to provide an exceptional level of service. We make every reasonable effort to keep the information we collect secure and protect it from misuse or unauthorized alteration. However, we cannot guarantee that the information kept on our systems will be 100% secure. It is your responsibility to use strong passwords and keep those passwords secure.

What We Collect

• Company name

• Contact name

• Telephone numbers

• Full mailing address

• Email addresses

• Domain names

• IP addresses

• Information on the services you are subscribed to

• Credit card numbers or other payment related information

• Traffic records of network traffic entering and leaving our network

• Records of communications with InternetDynamo Inc. via email, telephone, chat, or any other form of communication used

• Cookie information

How We Use the Information

• Contact you, if necessary
• Send billing notices and statements
• Process recurring charges for subscribed services
• Process charges for excessive usage
• Provide reporting tools to our customers
• Periodically contact our customers with technical information (if subscribed)
• Periodically contact our customers with marketing information (if subscribed)
• Conduct market research in order to improve our business
• Track sessions of visitors to our servers

Disclosure of Information

From time to time, as part of our regular course of business, it may be necessary to disclose some or all of this information to employees, contractors, affiliates, subsidiaries, or partners. The disclosure of this information is only for the purposes of operating and improving our business.

Questions or Comments

If you have any questions or comments regarding our privacy policy, please feel free to write to us at: privacy@internetdynamo.com

Last Update: 4/21/2007

Acceptable Use Policy

At InternetDynamo Inc., we are dedicated to providing exceptional service to our Customers. This policy is intended as a general guideline for acceptable use and is not all-inclusive. InternetDynamo Inc. will use its best judgment and ultimately make the final decision as to what activities are not acceptable.

Violations of this policy whether intentional or unintentional or due to lack of action on your part are cause for immediate Service suspension and if severe enough, Service termination. You will also be held responsible for activities of third parties using your Account or Services by using your login and password. It is very important to always keep your login information secure.

We reserve the right to change this policy at any time and any revisions to this policy will be posted to the InternetDynamo Inc. Web Site.

Illegal Activities

InternetDynamo Inc.’s Services may not be used for illegal activities or to support the illegal activities of others. We reserve the right to cooperate with legal authorities in any investigation resulting from suspected illegal activities.

Threats/Harassment

InternetDynamo Inc.’s Services may not be used to threaten or harass others. You may not store, post, or transmit threatening or harassing material or support the threatening or harassment of others.

Fraud

InternetDynamo Inc.’s Services may not be used to make fraudulent claims or offers to buy or sell goods or services, or to promote pyramid schemes or chain letters.

Email

The following activities are not allowed:

• Sending unsolicited commercial e-mail.
• Sending unsolicited bulk e-mail.
• Sending e-mail bombs.
• E-mail message or header forging.

Excessive or Improper Resource Utilization

The following activities are not allowed:

• Causing excessive or improper CPU utilization which causes service delays or disruptions to others.
• Causing excessive or improper Memory utilization which causes service delays or disruptions to others.
• Causing excessive or improper Network utilization such as sending network traffic or packets for the purposes of disabling, disrupting, attacking, snooping, or harming networks or servers.
• Sending modified Network Packets with the intention of disguising or deceiving or attempting to hide the true identity of any network traffic.
• Distribution of viruses or worms.
• Hacking or attempting to access, modify, or disrupt other servers, systems, or devices without proper authorization.

Note: Using an unreasonable amount of “constant” throughput on the network is not allowed unless you are on a guaranteed bandwidth circuit plan. We may temporarily limit your port speed on a case by case basis in order to ensure optimal performance for other users on the network.

Copyright or Trademark Infringement

InternetDynamo Inc.’s Services may not be used to store, post, or transmit any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of books, music, photographs, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of Personal Information

InternetDynamo Inc.’s Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Last Update: 04/21/2007