This Terms of Agreement is between dHex: Discount Hosting Exchange ('dHex', 'Us'), a wholly owned subsidiary of iGiri, LLC; a Nevada LLC and the User ('User', 'You') and is substantially drawn from the terms as included in our various partners Terms of Agreements and covers usage of our services as well as our partners. Therefore, by using our services, you agree to this ENTIRE Terms of Agreements as well as the Terms of Agreements of our partners.

You represent, undertake and warrant to us that:

You are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

You will use the Web space allocated to you only for lawful purposes. You will neither use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit:

(a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.

(b) Any material containing a virus or other hostile computer program.

(c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe

You shall make no use of the Server in a manner detrimental to our other customers including the usage of excessive resources or CPU usage.

Mails sent by you are in accordance with applicable legislation, including data protection legislation and any international legislations.

Terms of User Agreement

You agree to the following terms of agreement:

Acceptable Use

dHex's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. Any use of vulgar or obscene language while contacting dHex will be grounds for immediate cancellation of hosting.

If you are found in violation of the dHex's Terms of Use. Your account will be terminated without notice and you will forfeit all of the moneys that have been paid to dHex.

Examples of content that is not acceptable on dHex vendor Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Casino and Gambling Related","Copyrighted Mp3's", "CGI boards" "Forums that use excessive resources".

On the Plesk1 and CPanel4 Servers the following are not allowed: mp3s, streaming video, IRC, Chat, Forum Boards. If your site hosts any of these it will be suspended. If you set up sites using a Reseller Control panel on Cpanel4 and set up sites in violation of this terms of service, your Reseller Account will be suspended. No claims of refund will be entertained.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Offering Free Hosting - Offers of free hosting from Resellers of our services in any form is not allowed.

If you are found soliciting our clients to steal them away from us or contact them with the intention of promoting issues that any way shape or form compete against dHex business, your account will be immediately suspended without warning and all your sites and files will be deleted. At the same time, all relevant legal action(s) can be taken upon the advice by our attorneys.

Adult Sites

WE DO NOT HOST ADULT SITES UNLESS THE SERVERS ARE SPECIFICALLY MENTIONED AND DESIGNATED AS ADULT SERVERS>

Adult Content or links to Adult Content are not permitted on the Servers that are not designated as adult servers.

Spam

Spam in any shape or form is NOT permitted and is grounds for immediate account termination.

IRC and Chat Rooms

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Security

Attempts to manipulate servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to dHex Networks servers, mail bombing, or other means of deliberately overloading systems.

Network/System Abuse

This includes, but is not limited to, excessive use of CPU resources, disk space or network bandwidth, installing IRC bots, CGI scripts sharing with domains outside of dHex, mass emails, using disproportionate amounts of system resources for CGI Scripts or any manner of monopolization of network resources. dHex or the vendors will determine what constitutes network/system abuse.

Software/Multimedia Distribution

Accounts cannot be used to distribute copyrighted software, "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files. Sites that contain links to pirated software or illegal contraband are also prohibited.

Website Content Management

dHex is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites.

Log Files

Log files may be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

You specifically agree to indemnify and hold dHex harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another.

Web Site Hosting And Email

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

Any access to other networks connected to dHex must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability

We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Termination

Without in any way limiting our (dHex) rights:

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, we may terminate this Agreement.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

On termination of this Agreement or suspension of the Services we will be entitled immediately to block your Web Site and to remove all data located on it. We will be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

We reserve the rights to terminate or refuse service to anyone.

Indemnification

A user's failure to comply with those laws will violate dHex terms of agreement. By using our services, you indemnify dHex for any violation committed by you of the service agreement, law, or other dHex policy, that results in loss to dHex or the bringing of any claim against dHex by any third-party. This means that if dHex is sued because of a user's or customer of a user's activity, the user will pay any damages awarded against dHex , plus costs and reasonable attorneys' fees.

Limitation Of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, .

Nothing in these terms and conditions shall exclude our liability death or personal injury resulting from our negligence.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in the ancillary digital application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Telephone support is provided which is sent to the support team's voicemail that is played on their computers for faster service. Live phone service may be provided in the future. However, Support ticket help is provided round the clock. We do not guarantee any time frame as far responding to support tickets, however we will make every reasonable effort to respond in a timely manner.

Payment

All payments must be in US Dollars. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of UDS $25.00.

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

Your Billing is based on the date that you joined us. If you have a YEARLY plan with us you will be charged same price every year on the anniversary of you enrollment until you decide to cancel the account.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.

Billing

dHex uses merchant processing companies. Your credit card statement can and normally will reflect the company that we use. Monthly Fees are billed every 30 days and yearly billing is done every year.

Other services

dHex can provide other services such as web development, scripting help, web design, programming help separate from webhosting. These services will be billed separately and are NOT included in the webhosting fee. Such services may be provided by an affiliate individual or company.

15 day money back Guarantee

We will issue a refund if you notify us before the 15th day of account set up. Otherwise you will forfeit the entire amount paid by you, whether yearly or monthly. Also, if you request refund after 15 days, you can move/cancel your service without a refund of any monies.

Please allow 5 - 10 days for processing of refunds. In most cases You will be credited through the process that you were billed, however we may also send you a check. You agree hereby that we will only refund the amount we received. Meaning, amount you sent minus the processing fee (if any).

Unlimited Domain Policy

You are responsible for any domains that are placed on our servers. All resellers are allowed to add 50 domains per month for free unless you have a Reseller Control Panel or you're enrolled in our direct Client support where we provide direct support to your clients. If you do decide to add more than the 50 you will be charged $1.00/domain/month. Due within 1 week of setup. We have the right to refuse service to anyone including but not limited to the abuse of our unlimited domain offer. Unlimited domains offer is not to be used in place of a dedicated server.

Payment

You must make payment first for the service to be provided for the billing period (monthly or yearly). If we don't receive your recurring payment within 48 hours of the due date's midnight, your account will be suspended. It's upto dHex to decide whether to reinstate your account upon receipt of proper payment and penalty (if any). Repeated failure to make payment will permamnently block your account from our servers.

Price Guarantee

You are guaranteed the price you purchased at as specified on our site or your winning bid price at auctions for the next renewal period; as long as you remain a client or a Reseller with good standing AND maintain an established subscription for recurring payment whether monthly or yearly. In the event that, your payment can not be processed due to lack of funds or due to your cancellation of subscription, or for any other reason; we're unable to guarantee you the same price in the next renewal period.

eBay auction winners

Please note: You are not allowed to resell unless the auction specifically states that you can resell. If you're found in violation of this, your account will be deleted without notice. Also, you must make payment within 7 days of end of auction, otherwise we'll leave negative feedback. Also, if you will be a Reseller, please see the Reseller section below.

Resellers

You are allowed to setup upto 5 new domains (including subdomains) per day with a maximum of 50 per month if a)you are not enrolled in our client support program where we support your clients or b) You do not have Reseller Control Panel. You can set up unlimited domains if you have a Reseller Control panel from us or you're enrolled on the Direct Client Support Plan. Reseller Control Panels are not transferable and you're not allowed to set up webhosting sites on any Reseller Control Panels. You must purchase a Reseller Control panel for each webhosting site you want to set up. You are responsible for collecting any fees payable to you by your clients. If you are not enrolled in the Reseller Client Support Program, you are responsible for supporting your clients. If you have questions we are here to help, but we will not support your clients unless you are enrolled in our Reseller Client Support Program. If you are enrolled in the Reseller Client Support Program we will provide full tech support to your clients. We will add a Support form on your site and we will remain invisible. You can view what questions your clients are asking and what replies they are getting. The price depends on the number of issues resolved by our support team. Also please be aware that we may cancel any of your clients' accounts for violating the terms of service. Also we do reserve the right to edit the terms of service at any time with or without notice.

If you have any questions please e-mail us at dHex@usa.com