Terms of Service
1. ACCEPTANCE OF TERMS
DNS Exit offers DNS Hosting, dynamic DNS, web hosting, email relay, domain name registration, server monitoring, and software utilities. Netdorm, Inc, doing business as DNSExit.com, (hereafter "DNS Exit" or "Netdorm"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By completing the signup process and clicking the "accept/setup/continue" button, you ("Customer")are indicating your agreement to be bound by all of the terms and conditions of the TOS.
No personally identifiable information that you provide to DNS Exit or information
regarding the manner in which you use DNS Exit will be disclosed by DNS Exit
except as permitted by this TOS. By becoming a subscriber, you agree that DNS Exit
may share with other parties both aggregate information and limited individual
information gathered during your use of DNS Exit. "Aggregate information"
is information that describes the habits, usage patterns and/or demographics
of customers as a group but does not indicate the identity of particular customers.
"Individual information" is information about a customer presented
in a form distinguishable from information relating to other customers but not
in a form that enables the recipient to identify any particular customer. See
on Netdorm's policies regarding customer information.
3. OWNERSHIP OF SITE CONTENT
Netdorm and/or its suppliers wholly own all articles, illustrations, programs,
services, processes, designs, software, technologies, trademarks, trade names,
inventions, and materials comprising DNS Exit.
4. ACCEPTABLE USE
1. Customer certifies that he or she is at least 18 years of age.
2. Customer is solely responsible for his/her usage of the Services. Each Customer is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Customer's use of the Services is subject to, and Customer agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) U.S. law regarding the transmission of technical data exported from the United States and (2) Internet regulations, policies, and procedures.
3. Customer may use the Service for any lawful purpose so long as he or she does not (i) abuse or fraudulently use the Service, (ii) use the Service in a manner that causes interference to or tampers with another subscriber's or authorized user's use of the DNS Exit Services, or (iii) otherwise use the Service in a manner that violates this TOS. The terms of this TOS apply to any application or use of the Services.
4. Customer may use the DNS Exit Free service for both personal use and commercial use.
5. Activities that fall within the scope of C(i), (ii) or (iii) above include, but are not limited to, the following:
* transmitting Unsolicited Commercial Email (UCE)
* transmitting bulk email (Excluding solicited bulk email using mail relay outbound service. All other mail services are not allowed to send any bulk emails)
* posting bulk Usenet articles
* Denial of Service attacks of any kind
* copyright infringement
* failure to provide legitimate contact information
* misrepresentation of DNS Exit's services
* unlawful or illegal activities of any kind
* use of web redirects for distributed file sharing software and networks
* pointing DNS Exit hostnames to a public IRC network
* pointing hostnames on DNS Exit owned domains to an IRC server
* causing lossage or creating service degradation for other DNS Exit Users, whether intentional or inadvertent
* causing or attempting to cause harm to another computer or network
* violating any applicable law or regulation
* search engine spamming
* distributing or promoting adult material utilizing the DNS Exit Free or DNS Exit Enhanced services
5. TERMINATION OF SERVICE
DNS Exit may suspend or terminate your account or access rights to Services
at any time,without notice, for conduct that DNS Exit reasonably believes
violates this TOS or any other applicable policies or guidelines that DNS Exit
has posted on the DNSExit.com Web site. Payment are not subject for
refund for violation of policy. In addition to restricting or terminating
Customer's access to the Service, DNS Exit may remove any materials that we have
reasonable grounds to believe are in violation of the copyright laws of the
United States or may be otherwise illegal, may subject us to liability or that
violate this TOS. DNS Exit may also cooperate with legal authorities and/or third
parties in the investigation of any suspected criminal activity. DNS Exit also maintain
the rights to terminate your service without advanced notices if your service is causing
production problems affecting our normal business to serve other customers.
Customer agrees to hold DNS Exit harmless from any claims, whether brought
by Customer or by a third party, and expenses, including reasonable attorney's
fees and court costs, related to or arising from Customer's breach or violation
of any of the terms of this TOS, or from any information, software or content
placed by Customer on a server accessible through a Service.
7. CHOICE OF LAW
This TOS shall be construed and controlled by the laws of the State of Ohio.
Any dispute arising from the terms of this TOS or a breach of this TOS will
be governed by the laws of Ohio without regard to the conflicts of laws provisions
thereof, and shall be brought in a state or federal court in Ohio. Customer
agrees to submit to the personal jurisdiction of any of those courts.
8. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between the parties with respect
to the subject matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral between DNS Exit
representatives and Customer. DNS Exit may amend or modify this TOS or impose
new conditions at any time without written notice from DNS Exit to Customer,
except publication on the DNSExit.com Web site. Any use of the
Service by Customer after such modification shall be deemed to constitute acceptance
by Customer of such amendments, modifications or new conditions
9. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT
Netdorm assumes no responsibility for the content of any material located on
third party servers outside its control, including all servers accessed through
a Service. Netdorm has no control over Web sites or other material hosted on
such external servers. Netdorm retains the right, in its sole discretion, to
terminate Services pursuant to Section 7 above if a Customer's conduct in hosting
such content violates the TOS.
10. LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. DNS Exit'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE DNS Exit SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, DNS Exit DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT DNS Exit IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER DNS Exit NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
CUSTOMER AGREES THAT NETDORM, INC WILL NOT BE LIABLE FOR
ANY LOSS OF OR USE OF CUSTOMER'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS,
OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER Netdorm HAS BEEN NOTIFIED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
11. FEES, PAYMENT AND TERM OF SERVICE.
As consideration for the Services you have selected, you agree to pay Netdorm
the applicable service(s) fees set forth on our Web site at the time of your
selection. All fees are due immediately and are non-refundable unless specified
in the individual service term. Netdorm may take all remedies available to collect
fees owed. Unless otherwise specified, each Netdorm Service is for a one-year
term. Any renewal of your Services with us is subject to our then current terms
and conditions and payment of all applicable service fees at the time of renewal.
Payments are not subject for refund for suspended accounts due to violation of TOS.
12. CUSTOMER DOMAIN MODIFICATIONS
Customer understands that the domain for which a particular Service is purchased may be substituted only once during the term for which the particular Service fee has been paid, and that any additional substitutions will result in a fee being charged. Customer also understands that there is no domain substitution in the case of domain name registration Service. DNS Exit reserves the right to seek remedy in the event of fraudulent payment, chargeback or otherwise uncollectible fees including, but not limited to, suspending all services rendered on said domain name or commencing litigation.