Terms of Use Policy

This Terms of Use Policy (this “Policy”) governs your (“Client”) the access and use of the network (the “Network”) and other services (collectively with the Network, the “Products”) of Training Services Incorporation DBA DynaQuest (“DynaQuest”).  This Policy also defines the actions which DynaQuest considers to be abusive, and thus, strictly prohibited.  This Policy and constitutes a legal agreement between DynaQuest and Client.  By using the Products and Services, Client agrees to this Policy.  Client represents and warrants that it has adequate legal capacity to enter into binding agreements such as this Policy.

The examples named in this list are non-exclusive, and are provided solely for guidance to Client. If Client is unsure whether any contemplated use or action is permitted, please contact DynaQuest at support@DynaQuest.net and we will assist you.

To report a violation of this Policy, please email support@DynaQuest.net .

Please note that the actions of Client prohibited below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by DynaQuest, or connected via the Network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

General Conduct 

Client is prohibited from transmitting on or through any of DynaQuest's services, any material that is, in DynaQuest's sole judgment, unlawful, pornographic, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

DynaQuest's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable United States federal, state, municipal or other jurisdictional regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. DynaQuest's reserves the right to remove such material from its servers.

Client is responsible for keeping its billing data with DynaQuest up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Security

Client may not use the Products to 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 Client, logging into a server or account Client 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.

Client may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network. DynaQuest will cooperate fully with investigations of violations of systems or network security at other parties, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability.

E-mail

DynaQuest has zero tolerance for Unsolicited Commercial Email (“UCE”) that is in any way associated with DynaQuest, its clients, or any of its client's associates. Client is prohibited from using UCE as a means of advertising data or services hosted on the Network, or using the Products to distribute UCE. Client is further prohibited from: (a) selling bulk E-mail software (spamware) which has a "stealth" or filter avoidance mode; (b) selling software designed to harvest E-mail addresses from the net; (c) selling E-mail addresses extracted from the net, "targeted" or not; (d) selling services, media or software with spammer specific features; (e) providing bulk mailing services; (f) providing services for spammers; (g) redirecting to or promoting links to web sites which do any of the above. Infringements of this policy can result in any one of the following: (i) a warning from DynaQuest, via E-mail or phone; (ii) removal of DNS for the advertised / originating site; (iii) temporary shutdown of the server or a block on outgoing mail; (iv) or permanent disconnection of service. Infringements of this policy include, but are not limited to: (1) sending mail to users who have not specifically requested to receive such mail; (2) sending, being involved in sending, or employing a third party to send mail which advertises or mentions a site hosted at DynaQuest to users that have not specifically requested this mail; (3) forging of message headers to mask the originator of the message; (4) and actions causing any DynaQuest IP address to be "black listed". Client will be held responsible for the actions of its clients in this matter, so it would be best for Client to implement a similar or stricter policy. Please review the information at http://www.mail-abuse.org/manage.html for more information on what constitutes UCE, or 'Spam' and how to manage a responsible mailing list. Harassment, whether through language, frequency, or size of messages, is prohibited. These rules apply to other types of Internet-based message distribution.

Client shall be responsible to maintain security of all forms and scripts and to upgrade same to prevent exploitation by third parties. This includes but is not limited to open proxies and other types of misuse. Failure to comply may result in removal of the insecure form/ script, and termination of Client's account(s) without prior notification.

General Online Communications

DynaQuest is not liable for the content of any communications or posting, whether or not the communication originated from the Products. Postings to public forums must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them (see Email above). The poster is responsible for determining the etiquette of a given forum, prior to posting. Client is prohibited from posting the same or similar message to large numbers of newsgroups or otherwise flooding users with unwanted information. Client may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. Client is prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. Client may not attempt to impersonate others in a public forum.

User Accounts and Passwords

When Client registers using the Products login registration, it will select a user ID and password.  Client is responsible for keeping such password secure and is responsible for all activities that occur under such user ID. Client agrees to immediately notify DynaQuest of any unauthorized use of Client’s user ID or password.

Minors

Client agrees to supervise usage by, and be responsible for the actions of, any minors who use Client’s computer to access the Products. By providing information or placing an order, Client, if an individual, represents and warrants that it is at least thirteen (13) years of age.

Payment for Services

Client agrees to accept automatic credit card charges for the Services subscribed to by Client, to be processed monthly (unless agreed otherwise by both parties) on the day prior to the start of the next hosting service month. Client notices of cancellation must be received at least seven days prior to the billing/ charge processing date. 

It is Client's responsibility to ensure that billing information on record is accurate and up-to-date. In cases where the payment transaction cannot be completed, termination of service and a re-activation fee equal to one month's hosting fee may also apply.  Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Disclaimer of Warranty

CLIENT’S USE OF THE PRODUCTS IS AT ITS SOLE RISK. THE PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.”  DYNAQUEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DYNAQUEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE PRODUCTS AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DYNAQUEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. DYNAQUESET PROVIDES THE PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT CLIENT WILL BE ABLE TO ACCESS OR USE THE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING.  NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY DYNAQUEST OR AN AUTHORIZED REPRESENTATIVE OF DYNAQUEST SHALL CREATE A WARRANTY.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. NO USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. The foregoing exclusions of implied warranties and limitations on how long an implied warranty may last are made to the fullest extent permitted under applicable law.

Limitation of Liability

EXCEPT AS OTHERWISE EXPRESSLY AGREED BY DYNAQUEST IN WRITING, DYNAQUEST’S ENTIRE LIABILITY AND CLIENT’S (AND ANY PERSON CLAIMING THROUGH CLIENT) EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DYNAQUEST (INCLUDING WITHOUT LIMITATION CLIENT’S USE OF THE PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE PRODUCTS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF DYNAQUEST TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. IN NO EVENT WILL DYNAQUEST, ITS AFFILIATES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, CONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES UNDER ANY THEORY OF LAW OR EQUITY FOR ANY ERRORS IN OR THE USE OR INABILILTY TO USE THE PRODUCTS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DYNAQUEST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.  THE FOREGOIGN LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Modifications to the Terms of Use Policy.

DynaQuest reserves the right to change this Policy from time to time in its sole discretion.  In the event DynaQuest makes material changes to this Policy, Client will be notified via E-mail at least 15 days before the modified Policy go into effect.  DynaQuest will email Client at the E-mail address provided by Client and is not responsible for invalid addresses or undeliverable E-mail. Modified Policy will be posted on the DynaQuest website at least 15 days in advance of the effective date. Client is responsible for regularly reviewing this Policy.  Client’s continued use of the Products constitutes Client’s agreement to all such terms and conditions.  If Client does not agree with the Policy, as modified from time to time, Client’s only remedy is to discontinue using the Products and cancel its registration.

Entire Agreement; Waiver

This Policy along with any written documentation expressly incorporated herein by reference and published from time to time by DynaQuest constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and thereof and supersedes all prior written or verbal agreements and understandings regarding the subject matter hereof and thereof. A waiver of any provision of this Policy must be in writing and shall not constitute a continuing or future waiver of that or any other provision.   

Governing Law; Jurisdiction; Venue

Except to the extent, if any, applicable law requires otherwise, this Policy shall be governed by the laws of the state of Utah, excluding its conflict of law provisions. Any legal action arising out of or relating to this Policy or Client’s use of the Products will take place solely in the state or federal courts in the state of Utah.  Client, to the extent permitted by applicable law, hereby waives and agrees not to assert, by way of motion, as a defense, or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of such courts, that its property is exempt or immune from attachment or execution, that such action is brought in an inconvenient forum, that the venue of such action is improper or that the subject matter of this Policy may not be enforced in or by such court.  Client hereby consents to service of process by mail, at the most recent address given to DynaQuest by Client (either in Client’s profile information or otherwise in writing). Final judgment against Client in any such action, suit or proceeding shall be conclusive, and may be enforced in any other jurisdiction by suit, action or proceeding on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of indebtedness or liability of Client therein described or in any other manner provided by, or pursuant to, the laws of such other jurisdiction.  In the event of any action to resolve a dispute regarding this Policy or the Services, the prevailing party in such action will be entitled to an award of reasonable attorney’s fees and all costs associated with such action.

Severability; Assignment; Survival

If a court of competent jurisdiction finds any provision of this Policy to be unenforceable, that provision shall be enforced to the maximum extent permissible, with the other provisions of this Policy remaining in full force and effect. Client may not assign or otherwise transfer by operation of law or otherwise this Policy or any rights or obligations herein except to an acquirer of Client’s business in the case of a merger or the sale of all or substantially all of your assets to such acquirer. This Policy shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. The relationship between DynaQuest and Client is that of independent contractors and neither Client nor Client’s agents shall have any authority to bind DynaQuest in any way.  The provisions of this Policy shall survive termination of any relationship between DynaQuest and Client.

DynaQuest Cloud Services Agreement

This DynaQuest Cloud Services Agreement (this “Agreement”) contains the policies and terms of use for certain hosting account services (Bronze, Silver, Gold, Starter, Commerce, Enterprise, Dedicated Server) (“Services”) provided by DynaQuest (as defined below). DynaQuest servers may be used for lawful purposes only.  The failure by a customer to meet or follow the terms of this Agreement is grounds for account deactivation. DynaQuest will be the sole arbiter as to what constitutes a violation of this Agreement for this purpose and DynaQuest reserves the right to remove any account without prior notice.

This Agreement is made as of the date that Services are activated between Training Services Incorporated, a Utah corporation DBA DynaQuest (“DynaQuest”), and the party purchasing Services (“Client”).

DynaQuest agrees to provide, and Client agrees to purchase, hosting services, as described herein, subject to the terms and conditions contained herein.

Hosting Services

DynaQuest will provide to Client hosting services as described in the estimate provided by DynaQuest in connection herewith, which is incorporated herein and made a part of this Agreement.

Payment for Services

Client agrees to accept automatic credit card charges to be processed monthly (unless agreed otherwise by both parties) on the day prior to the start of the next hosting service month. Client notices of cancellation must be received at least seven days prior to the billing/ charge processing date. 

It is Client’s responsibility to ensure that billing information on record is accurate and up-to-date. In cases where the payment transaction cannot be completed, termination of service and a re-activation fee equal to one month’s hosting fee may also apply.

Hosting Availability

This Agreement applies to Client if Client has ordered any Services from DynaQuest and Client’s account is current (i.e., not past due). As used herein, the term “Hosting Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of Client’s Hosted Services are available for access by third parties via HTTP and HTTPS, as measured by DynaQuest.

• Service Level

  1. Goal: DynaQuest’s goal is to achieve 100% Hosting Availability for Client.

  2. Remedy: Subject to exceptions below, if the Hosting Availability of Client’s Hosted Services are less than 99.8%, DynaQuest will issue a credit to Client in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Hosting Availability	Credit Percentage
99.8 to 100%	0%
98% to 99.7%	10%
95% to 97.9%	25%
90% to 94.9%	50%
89.9% or below	100%

• Exceptions:  Client shall not receive any credits under this Agreement in connection with any failure or deficiency of Hosting Availability caused by or associated with:

  1. circumstances beyond DynaQuest’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus or denial of service attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

  2. failure of access circuits to the DynaQuest network, unless such failure is caused solely by DynaQuest.

  3. scheduled maintenance and emergency maintenance and upgrades.

  4. DNS issues outside the direct control of DynaQuest.

  5. issues with FTP, POP, or SMTP customer access.

  6. false Agreement breaches reported as a result of outages or errors of any DynaQuest measurement system.

  7. Client’s acts or willful misconduct, or use of the Services in violation of DynaQuest’s Terms of Use.

  8. e-mail or webmail delivery and transmission.

  9. DNS (Domain Name Server) Propagation.

  10. outages elsewhere on the Internet that hinder access to Client’s account.

  11. DynaQuest is not responsible for browser or DNS caching that may make Client’s site appear inaccessible when others can still access it.

  12. DynaQuest will guarantee only those areas considered under the control of DynaQuest: DynaQuest server links to the Internet, DynaQuest’s routers, and DynaQuest’s servers.

• Credit Request and Payment Procedures: To receive a credit for a hosting account, Client must make a request therefore by sending an e-mail message to billing@DynaQuest.net. The e-mail message MUST include the domain name of the Client’s account in the “Subject” line. Each request in connection with this Agreement must include the Client’s account number (per DynaQuest’s invoice or sales receipt) and the dates and times of the unavailability of Client’s Web site and must be received by DynaQuest within five (5) business days after the Client’s Hosting was not available. If the unavailability is confirmed by DynaQuest, credits will be applied to the next billing cycle after DynaQuest’s receipt of the Client’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to Client in a particular month under this Agreement shall not exceed the total hosting fee paid by Client for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Client or collected by DynaQuest and are Client’s sole and exclusive remedy with respect to any failure or deficiency in the Hosting Availability of Client’s Web site.

• Data Backup: DynaQuest provides complete data backups weekly and incremental backups daily. Client acknowledges and agrees that backups are not intended as a comprehensive disaster recovery solution. DynaQuest makes no claims, guarantees, or warranties regarding the availability, effectiveness, timeliness, reliability or performance of such backups.

Indemnification

Client is solely responsible for any legal liability (whether alleged against Client, DynaQuest or both) arising out of or related to Client’s Web pages or any Web pages to which users can link through Client’s Web pages or any e-mail of Client. Client represents and warrants to DynaQuest that Client’s Web pages shall comply with DynaQuest’s standards, as described in this Agreement and the Terms of Use, and that Client holds the rights necessary to permit use of any and all files, media or other materials uploaded to DynaQuest’s servers and that the use, reproduction, distribution, or transmission of Client’s Web site graphics, text and materials does not violate any statutory, civil or criminal laws, or common law, or any rights of third parties, including, but not limited to, such violations as infringement or misappropriation of any patent, copyright, trademark, trade name, trade secret or other proprietary rights of third parties in written material, music/sounds, film/video, photographic or other images or material. Client further represents and warrants to DynaQuest that all files, media or other materials uploaded to DynaQuest’s servers shall not contain any false or misleading advertising and do not constitute unfair competition, defamation, invasion of privacy, misappropriation of rights of celebrity, violation of any anti-discrimination laws, or violation of any other right of any individual or organization or contain anything libelous. Client agrees to indemnify, defend and hold harmless DynaQuest and its officers, directors, managers, employees, agents, and representatives from and against any and all liability, loss, damages, claims, actions, costs and causes of action, including legal fees and expenses, which may arise or be incurred by such parties as a result of or related to (i) Client’s breach of any of the forgoing representations and warranties, (ii) any of Client’s activities conducted in connection with the Services or (ii) Client’s breach of this Agreement or the Terms of Use, unless such liability is directly attributable to the gross negligence or willful misconduct of DynaQuest.

Public Access

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. DynaQuest is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network server Client may utilize.

Privacy 

DynaQuest adheres to a strict privacy policy and does not share information about our clients with third parties. For full information, please review DynaQuest’s Privacy Policy available at http://www.dynaquest.net /privacy.html.

Remedies of DynaQuest; Right To Deactivate Account

When DynaQuest becomes aware of an alleged violation of this Agreement or of the Terms of Use, DynaQuest may initiate an investigation. During the investigation, DynaQuest (without prior notice) may restrict Client’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DynaQuest may, in its sole discretion, restrict, suspend, or terminate Client’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, DynaQuest may notify the appropriate law enforcement authorities of such violation. DynaQuest does not issue credits for outages incurred through service disablement resulting from violation of this Agreement or of the Terms of Use. DynaQuest reserves the right, in its sole discretion, to deactivate the Client’s server account(s), without prior notice for any violation of any of DynaQuest’s policies or, after e-mailing notice to Client, upon failure to pay fees or expiration or termination of the credit card supporting Client’s account with DynaQuest. Client may terminate this Agreement upon providing DynaQuest with written notice prior to the start of Client’s next hosting service period. In the event of deactivation or termination by either party, all of Client’s website html, cgi, source code, and image files will remain the property of Client, and DynaQuest will provide Client with access to same after notice of deactivation of services or termination, provided any and all current and/or past due payments due to DynaQuest have been paid.

IP Number & Addresses

DynaQuest shall maintain control and ownership of any and all IP numbers and addresses that may be assigned to Client and reserves the right, in DynaQuest’s sole discretion, to change or remove any and all IP numbers and addresses. Client shall maintain control and ownership of its registered domain name.    

General

Client and those using the Services through Client shall at all times comply with the then-current version of DynaQuest’s Terms of Use Policy specified at www.DynaQuestweb.net/terms.html (the “Terms of Use”), which is incorporated into and made a part of this Agreement.  This Agreement together with the Terms of Use constitute the entire agreement and understanding between Client and DynaQuest with respect to the subject matter hereof and thereof and supersedes all prior written and oral agreements and understanding between the parties with respect thereto.  DynaQuest may take any of the preventative or corrective actions specified in the Terms of Use, up to and including suspension of the Services or termination of the Agreement, which suspension or termination shall not relieve Client of its obligation to pay the fees for the Services. Client acknowledges and agrees that DynaQuest will provide the Services hereunder subject to its Privacy Policy, as amended from time to time. Client is solely responsible for complying with federal, state and local statutes, rules and regulations applicable to Client.  This Agreement may be amended only by the written agreement of both parties hereto; provided that the Terms of Use may be amended in accordance therewith.  This Agreement and Client’s use of the Services is governed by and subject to the terms of the Policy.  In the event of any express conflict between this Agreement and the Terms of Use, this Agreement shall control.