Acceptable Use Policy
Policy Last Modified: February 6, 2006
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
All services provided by Dynamic Network Services, Inc. ("DynDNS") are provided to you (the "Member") under the Terms and Conditions set forth in this Acceptable Use Policy ("AUP") and any other operating rules and policies set forth by DynDNS. The AUP comprises the entire agreement between the Member and DynDNS and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Accept" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AUP.
2. DESCRIPTION OF SERVICE
DynDNS is providing the Member with various DNS-based aliasing and hosting services. The Member must (1) provide all equipment necessary for its own Internet connection, including computer and modem, and (2) provide for the Member's own access to the Internet and pay any fees related with such connection. The Member agrees to provide and maintain certain current, complete, and accurate information about the Member as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, the Member grants DynDNS the right to disclose certain Registration Data about the Member and Service information where required to do so by any applicable law or legal process. If any information provided by the Member is inaccurate, DynDNS reserves the right to terminate the Member's membership and right to use the Service, with or without notification to the Member.
3. MODIFICATIONS TO ACCEPTABLE USE POLICY
DynDNS reserves the right to change the terms and conditions of this AUP as necessary. DynDNS expects the Member to actively ensure that it agrees to the current AUP, and a modification date will be posted on any and all copies of the AUP. Please note that the Member's use of the Service constitutes an acknowledgement by the Member to follow and be bound by the AUP and any modifications.
4. MODIFICATIONS TO SERVICE
DynDNS reserves the right to modify or discontinue the Service with or without notice to the Member. DynDNS shall not be liable to the Member or any third party should DynDNS exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
Please see the Privacy Policy for information on DynDNS' policies regarding the Member's personal and user information.
6. PURCHASE AND REFUND POLICY
See our detailed Refund Policy for information on DynDNS' policies regarding refunds of purchases. No purchase shall exempt the Member from any part of this AUP.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a Member of the Service, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site; you may also set up a new account and close an old account at your convenience. Each Member may only have one (1) free account. The Member agrees to immediately notify DynDNS of any unauthorized use of the Member's account or any other breach of security known to the Member.
8. DISCLAIMER OF WARRANTIES
THE MEMBER EXPRESSLY AGREES THAT THIS WEBSITE AND THE USE OF THE SERVICE IS AT THE MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYNDNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DYNDNS MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DYNDNS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER'S OWN DISCRETION AND RISK AND THAT THE MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. DYNDNS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM DYNDNS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE MEMBER.
9. LIMITATION OF LIABILITY
DYNDNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF DYNDNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE MEMBER.
10. NO RESALE OF THE SERVICE
The Member's right to use the Service is personal to the Member. The Member agrees not to resell the Service without the express consent of DynDNS.
11. HOST CONTENT AND OTHER LIMITATIONS
DynDNS assumes no responsibility for the content of any material located on the hosts provided from the Service. DynDNS has no control over these websites or other material hosted on external hosts; however, DynDNS retains the right, on DynDNS' sole discretion, to determine whether or not the Member's conduct is consistent with the letter and spirit of the AUP and may terminate the Service if the Member's conduct is found to be inconsistent with the AUP.
The Member is solely responsible for the contents of his/her usage of the Service. The Member's use of the Service is subject to all applicable local, state, federal, and international laws and regulations. The Member agrees: (1) to comply with all local, state, and federal laws regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delegate domains; therefore, the Member's conduct is subject to Internet regulations, policies, and procedures. The Member will not use the Service for illegal software, illegal pornography, spamming, linkspamming, spamdexing, or any use of distribution lists to any person who has not given specific permission to be included in such a process. For purposes of this AUP, facilitation of the illegal distribution of copyrighted materials, through operation of a "hub", "tracker", or other filesharing mechanism, shall be considered identical to the actual illegal distribution of those copyrighted materials. The Member agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. A cleanup fee of $100.00/hour (minimum 4 hours) may be assessed by DynDNS for violation of these terms. The Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. DynDNS may, at its sole discretion, immediately terminate the Service should the Member's conduct fail to conform to the terms and conditions of the AUP.
13. INDEMNIFICATION
The Member agrees to indemnify and hold DynDNS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Member's use of the Service, the violation of this AUP by the Member, or the infringement by the Member, or other user of the Service using the Member's computer, of any intellectual property or any other right of any person or entity.
Either the Member or DynDNS may terminate the Service with or without cause at any time and may do so immediately. DynDNS shall not be liable to the Member or any third party for termination of the Service. Should the Member object to any terms or conditions of the AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, the Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate the Member's membership; and (3) notify DynDNS of the Member's termination. Upon termination of the Service, the Member's right to use the Service immediately ceases. The Member shall have no right and DynDNS will have no obligation thereafter to handle domains or hosts for the Member or any third party related to that Member. Account termination facilities are available at https://www.dyndns.com/account/settings/close.html.
15. NOTICE
All notices to a party shall be sent via e-mail or first-class mail. DynDNS may or may not broadcast notices or messages through the Service to inform the Member of changes to the AUP, the Service, the Website or other substantive changes; such broadcasts shall constitute notice to the Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
The DynDNS Website or the Service may include links to websites of advertisers, sponsors or partners (the "Advertisers"), but inclusion of these links does not constitute DynDNS' endorsement of those websites. DynDNS has no control over the content of those websites or the collection and usage of personal information at or by those websites and therefore has no liability to the Member or any third parties for transactions on websites other than the DynDNS website.
The Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. DynDNS assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
The Member acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to the Member by the Service by DynDNS or DynDNS' Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertisers. The Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertisers.
18. GOVERNING JURISDICTION OF THE COURTS OF NEW HAMPSHIRE
This AUP shall be construed in accordance with the laws of The State of New Hampshire, without regard to any conflict of law provisions. Any disputes arising under this AUP shall be resolved exclusively by the state and federal courts of The State of New Hampshire, County of Hillsborough.