2MyDNS.com - Terms of Service


	User: Guest -- Saturday, May 10, 2008 12:02:35 AM (GMT)

Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

All services provided by 2MyDNS.com ("Provider") are provided to you ("User") under the Terms and Conditions set forth in this Terms of Service ("TOS") and any other operating rules and policies set forth by Provider. TOS comprises the entire agreement between User and Provider and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.

2. DESCRIPTION OF SERVICE

Provider is providing User with various DNS-based aliasing and hosting services. User must (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for User's own access to the Internet and pay any fees related with such connection. User agrees to provide and maintain certain current, complete, and accurate information about User as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, User grants Provider the right to disclose certain Registration Data about User and Service information where required to do so by any applicable law or legal process. If any information provided by User is inaccurate, Provider reserves the right to terminate User's membership and rights to use the Service, with or without notification.

3. MODIFICATIONS TO ACCEPTABLE USE POLICY

Provider reserves the right to change the terms and conditions of this TOS as necessary. Provider expects User to actively ensure that they agree to the current TOS, and a modification date will be posted on any and all copies. User's continued use of the Service constitutes an acknowledgement of the TOS and its modifications by the User and an agreement by the User to abide and be bound by the TOS and its modifications.

4. MODIFICATIONS TO SERVICE

Provider reserves the right to modify or discontinue the Service with or without notice to the User. Provider shall not be liable to User or any third party should Provider exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY

See the Privacy Policy for information on Provider’s policies regarding user information.

6. EXTRA DONATIONS

Any donations received by the Provider will be used to help cover the expenses of providing DNS services to the community. Members that donated may or may not receive extra benefits. Any and all donations are non-refundable.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a User 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 one at your convenience. User agrees to immediately notify Provider of any unauthorized use of User's account or any other breach of security known to User.

8. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER 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. PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES PROVIDER 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. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. PROVIDER 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 USER FROM PROVIDER 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 YOU.

9. LIMITATION OF LIABILITY

PROVIDER 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 USER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF PROVIDER 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 YOU.

10. NO RESALE OF THE SERVICE

User's right to use the Service is personal to User. User agrees not to resell the Service without the express consent of Provider.

11. HOST CONTENT AND OTHER LIMITATIONS

Provider assumes no responsibility for the content of any material located on the hosts provided from the Service. Provider has no control over these websites or other material hosted on external hosts; however, Provider retains the right, on Provider's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a User's conduct is found to be inconsistent with the TOS.

12. USER CONDUCT

User is solely responsible for the contents of his/her usage of Service. User's use of the Service is subject to all applicable local, state, national, and international laws and regulations. User agrees: (1) to comply with US law 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, User's conduct is subject to Internet regulations, policies, and procedures. User will not use the Service for illegal software, junk pornography, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. User 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. User 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. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Provider may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the TOS.

13. INDEMNIFICATION

User agrees to indemnify and hold Provider, 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 User's use of the Service, the violation of this TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

14. TERMINATION

Either User or Provider may terminate the Service with or without cause at any time and effective immediately. Provider shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the Provider TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Provider of termination. Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and Provider will have no obligation thereafter to handle domains or hosts for the User or any third party related to that User.

15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

User 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 User and the Advertiser. Provider assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

16. PROPRIETARY RIGHTS TO CONTENT

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service ("Content") by Provider or Provider's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

17. CHOICE OF LAW

This Agreement shall be construed and controlled by the laws of the State of New York. Further, any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of New York. User agrees to personal jurisdiction by the state and federal courts sitting in the State of New York.