DNSbyComodo.com TERMS OF SERVICE AGREEMENT
This is a formal agreement and it governs your participation in and/or use of those services or benefits available at DNSbyComodo.com. In this Agreement, "DNSbyComodo.com", "Company", "we" or "our" all refer to DNSbyComodo.com. By participating in or using the services or features of the Program, or by activating an "Agree" button associated with a service, you are agreeing to be bound by the terms of this Agreement. If you do not wish to become bound by this Agreement, do not access the DNSbyComodo.com website ("Site") or use any of our services.
DNS: The Domain Name System (DNS) is a hierarchical naming system for computers, services, or any resource participating in the Internet. It associates various information with domain names assigned to such participants. Most importantly, it translates domain names meaningful to humans into the numerical (binary) identifiers associated with networking equipment for the purpose of locating and addressing these devices world-wide. An often used analogy to explain the Domain Name System is that it serves as the "phone book" for the Internet by translating human-friendly computer hostnames into IP addresses. (Taken from Wikipedia)
Table of Contents
A. GENERAL TERMS
General Terms - The terms found in this section apply to all customers irrespective of which DNSbyComodo.com services are used. If specific terms found in any of the sub-sections conflict then the sub-sections terms shall take precedence.
1) NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the DNSbyComodo.com site or any of its services or interfere with any other party's use and enjoyment of the Site or use and enjoyment of third party's intellectual property rights. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the DNSbyComodo.com Site, through any means.
2) AGE LIMITATION AND POWER: Use of this site is limited to those over the age of 13 years of age or older. If you are under 13 then your parent or guardian must obtain the account for you and they will be responsible for any of your actions. If you are representing a company, you represent and affirm that you have the legal right to bind said company.
3) INTELLECTUAL PROPERTY RIGHTS:
3.1 Our Material: All material on this site is owned by DNSbyComodo.com. All of our material is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this site. You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of DNSbyComodo.com. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
3.2 Your Domains: You have sole ownership and control over your domains. If you do not possess sole ownership over your domains you must affirm and represent that you have the legal right to access and alter the domains as a representative of a company, partnership or another individual that has given you authorization to do as such. You understand that by using our service to direct your domains that you indemnify us for any liability, attorney's fees or costs for any and all third party claims due to said redirections.
4) CHOICE OF LAW AND DISCLAIMER: Jurisdiction and venue for any and all actions shall be exclusively in Montgomery County, Maryland, USA and you hereby specifically waive any objections pertaining to personal jurisdiction or venue in any actions between you and Company. You further agree that if there is a law suit between us that you will be responsible for all of our attorney's fees and other associated costs unless you can show that we wronged you and we did so intentionally We are not responsible for negligent or even grossly negligent acts by our employees. All cases filed must be in the Court with subject matter jurisdiction physically closest to Montgomery County, Maryland.
5) LINKS: Links to third-party web sites from our Website are not necessarily under DNSbyComodo.com's control and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites or Grids.
6) AMENDMENTS: We may amend this agreement at any time by posting the changes to this site without any notification to you and all amended terms shall automatically be effective the moment posted. You may not modify this agreement without written permission from DNSbyComodo.com.
7) TERMINATION: DNSbyComodo.com may, in its sole discretion and for any reason, with or without notice, for cause or without cause, may terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute. You will note further down in this TOS that disputes shall go to arbitration.
8) WARRANTIES AND DISCLAIMERS: You specifically warrantee that all statements made to us or to any other entity or person are true and correct and hereby indemnify DNSbyComodo.com for any liability, attorney's fees or costs arising from any false statement(s) or actions made by you or those acting for you including any one who uses your username and password. You specifically warrant that you have the right and power to control all domains you place on our system. In no event shall DNSbyComodo.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for any information, software, products, services or otherwise arising out of the use of the site whether based on contract, tort, negligence, strict liability, intentional acts or otherwise, even if DNSbyComodo.com or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $500 USD including all costs and attorneys fees. You specifically agree that such an amount is reasonable. You may use this site in accordance with these terms, but entirely at your own risk. While we will strive to provide our services as advertised we do not guarantee any amount of uptime or that the system will work as advertised. If you lose income because you relied on our system then that is your loss, we take no responsibility for it and you agree that we are not responsible.
9) NOTIFICATIONS: You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement. If you wish to notify us of any legal matters the following legal representatives contact information is provided below:
Greenberg & Lieberman, Inc
Attn: Stevan Lieberman
2141 Wisconsin Ave., NW, Suite C2, Washington, D.C., 20007
Other Email addresses:
Technical Issues: Tech@dnsbycomodo.com
10) DISCLOSURES: We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.
11) THIRD PARTY CLAIMS, NOTIFICATIONS AND DISCLOSURES: As a matter of policy DNSbyComodo.com will not provide any information about any clients without a subpoena. The reason behind this policy is to protect all parties involved.
12) SERVICE PROVIDER: DNSbyComodo.com is a service provider and as such will follow the terms of the Digital Millenium Copyright Act (DMCA) WHENEVER (including, but not limited to: copyright claims, trademark claims, patent claims, unjust enrichment claims, breach of contract claims, trade secret claims, etc) a third party makes a claim of infringement. You, User, hereby specifically agree to these terms and agree that: We are not liable for any losses of any sort for our complying with these terms. Further, You indemnify DNSbyComodo.com for any damages, losses, attorney's fees or any other monetary or non-monetary losses due to a third parties' claim(s) or any other action you may take which affects us. The DMCA requires a designated agent available for notification by third parties. DNSbyComodo.com hereby designates our legal representatives above.
NOTE to Third Parties: YOU MUST FOLLOW THE FOLLOWING STEPS OR WE WILL TAKE NO ACTION:
Please use at least 2 of the above notification methods and more if you need action taken quickly. (1) Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identify the right that has been infringed. (3) The location on our client's site that the infringement of that right has occurred and exactly what you want removed or taken down. (3) Information reasonably sufficient to permit us to contact you, the third party. (4) A statement that you or the third party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law. (5) A statement that the information in the notification is accurate, and (6) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Knowing misrepresentation of any of the above facts shall make the third party liable for all damages to us and our client including costs and attorney's fees. If all of the above terms have been followed exactly then WE will: Take down, remove or disable the complained of material. Notify our client why the material was taken down and provide our client with a copy of the third parties complaint. If we receive a counter notification as described below we will send counter notification to the third party or third party representative; and put back up / re-enable the complained of material between 10 to 14 business days after receipt UNLESS: We receive notice from the third party or their representative that an action has been filed seeking a court order restraining the use of the complained of material.
COUNTER NOTIFICATION: YOU MUST FOLLOW THE FOLLOWING OR WE WILL TAKE NO ACTION:
For it to be effective it must be a written communication including: (1) A physical or electronic signature of the subscriber. (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (4) The subscriber's name, address, and telephone number, and (5) a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and (6) that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
13)SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
14) WAIVER: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
15) ENTIRE AGREEMENT: This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
16) YOUR PRIVATE INFORMATION: We do not sell or rent any of your information. We may however use it for our own marketing purposes. You agree that we may use Your Information to contact you and deliver information to you that, in some cases, is targeted to your perceived interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information. You can request that we not use your contact information for our own marketing purposes. Such a request can only be made upon the initial set up of the account with DNSbyComodo.com and must be requested in writing to firstname.lastname@example.org.
17) FEES: The costs to setup an account with DNSbyComodo.com is free. We do however charge for some of our services and you will be charged in accordance with the listed prices unless you make other arrangements with DNSbyComodo.com personnel. We may change our pricing structure at our sole discretion.
18) WAIVER OF JURY TRIAL: Each of the parties hereto hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms of Service and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
19) NO THIRD PARTY BENEFICIARIES: These Terms of Service are made solely for the benefit of User and the Program Parties and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.
20) PROHIBITION OF ASSIGNMENT: User may not assign any of its rights or delegate any of its duties under these Terms of Service without the prior written consent of the Program Manager. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under these Terms of Service.
21) SUCCESSORS AND ASSIGNS: Except as otherwise expressly provided in these Terms of Service, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to these Terms of Service.
22) FORCE MAJEURE: If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused.
23) WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by DNSbyComodo.com in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
24) ENTIRE AGREEMENT: Except as may be set forth in an written agreement signed between DNSbyComodo.com and User, these Terms of Service constitute the final, complete, and exclusive statement of the terms of the use of the Program between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties.
25) SEVERABILITY: If a court or an arbitrator of competent jurisdiction holds any provision of these Terms of Service to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
26) CONTENT DISCLAIMER. NEITHER DNSbyComodo.com, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, ADVERTISERS AND AGENTS ("DNSbyComodo.com") ARE RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM REMAINS WITH USER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DNSbyComodo.com SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF THE PROGRAM OR SYSTEM, (B) THAT THE SYSTEM WILL BE UP FOR ANY GIVEN AMOUNT OF TIME, (C) THE SALES YOU MAKE THROUGH THE SYSTEM, (D)THE NUMBER OF PERSONS, IF ANY, WHO MAY SEE ADVERTISEMENTS THROUGH THE PROGRAM, AND (E) THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNSbyComodo.com BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF DNSbyComodo.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ANY PROGRAM PARTY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00), WHICH THE PARTIES ACCEPT AS LIQUIDATED DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER.
27) CONFIDENTIALITY: User agrees to safeguard and, except for the benefit of DNSbyComodo.com, not to disclose to anyone any proprietary or confidential information acquired which User has access to because of the use of DNSbyComodo.com's services. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
28) INDEMNIFICATION: User shall indemnify, defend, and hold us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by us ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from User's breach of any term or provision of these Terms of Service or any way related to User's use of the Grid.
29) ATTORNEY'S FEES: If DNSbyComodo.com prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, DNSbyComodo.com shall be entitled to recover from User reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
30) HEADINGS: The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.
31) TAXES: You understand that you are responsible for all of your own taxes and reporting same based on where you live.
B. DOMAIN NAME SYSTEM SERVICES
This is a service where you may use our DNS system.
1) ACCOUNTS: There is no cost for setting up an account. DNSbyComodo.com will only take a fee if you exceed your initial credits or upgrade your account to a higher-level account. The fees we will charge are listed on the PRICES page. When setting up your account you must use your real name and contact information. A violation of this term shall be considered breach of this agreement.
2) RIGHT TO DELETE OR SUSPEND: DNSbyComodo.com reserves the right to delete or suspend any users account for any reason at its sole discretion. A refund of any fees paid to DNSbyComodo.com may or may not be issued. This is decided on a case-by-case basis and is done at the sole discretion of DNSbyComodo.com and is decided on a case-by-case basis. Should a user wish to cancel their account with DNSbyComodo.com they must send their request in writing to email@example.com 30 days prior to the day of requested cancellation as well as deleting their account in the online panel.
3) ARBITRATION: All parties that use our services specifically agree to submit any disputes between themselves and another user to binding Arbitration using the Virtual Courthouse (VirtualCourthouse.com hereinafter "VC"). The party submitting the dispute to arbitration will be responsible for paying the initial fee to VC. By using our service(s) you agree that all such decisions shall be final and bind, shall have the force of law and may be submitted to any court in the world for enforcement. The parties agree that the only material which will be submitted to the arbitrator shall be that which is recorded within our system and the arbitrator shall make his or her decision based on said material.
4) TRADEMARKS: From time to time there will be a claim brought by a third party claiming that the a product being sold carries and infringing trademark or service mark. As noted above DNSbyComodo.com is not a part of this dispute and cannot possibly check every product placed on its site for sale. DNSbyComodo.com will therefore follow the steps laid out above where there is a claim of infringement if you as a third party make a claim. The steps laid out in that section are very reasonable and are there to protect us from liability from our customers. If you do not follow the steps laid out we will not block any sale or take any other action.