Terms of Service
Last Updated: April 10, 2014
Welcome! DNS Park, LLC (“us”, “we” or “our”) provides these Terms of Service (the “Agreement“) to inform you of our policies and procedures regarding the use of www.dnspark.com, including any subdomains of this website or other websites owned by us or operated on our behalf (the “Site”) and the use of our Services or software (as defined hereinafter) via our Site.
Please read this Agreement carefully before using this Site, and check it periodically for changes.
EACH AND ANY USE OF THIS SITE OR SERVICES AVAILABLE ON OR THROUGH THIS SITE FROM TIME TO TIME (INCLUDING WITHOUT LIMITATION ANY PROGRAMS, TOOLS, COMPONENTS, UPGRADES, UPDATES AND ALL RELATED APPLICATIONS AND REPORTS) (“SERVICES“) IS SUBJECT TO, AND CONDITIONED UPON, ASSENT TO AND COMPLIANCE WITH THE AGREEMENT. BY USING THE SITE OR THE SERVICES YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SERVICES. IF YOU DO NOT AGREE TO THE AGREEMENT YOU MUST NOT USE THE SITE OR THE SERVICES.
1. The Services
We provide online Services that host domain name data and mail data ("Data") on cloud servers. Access and use of the Site, Services and any content made available at the Site or through the Services or that you otherwise obtain in connection with the Site or the Services (“Content“), is permitted only for your personal use or internal company use as intended pursuant to the Site and the Services, and only as long as you are in compliance with all of the provisions of this Agreement.
When using the Services you will provide us with your Data. You retain full ownership to your Data. We don’t claim any ownership to any of it. This Agreement does not grant us any rights to your Data or intellectual property except for the limited rights that are needed to run the Services, as explained herein. We may need to make design choices to technically administer the Services, for example, how to replicate, store, scale, cluster, or backup your Data. You hereby give us full permissions to make any such design choice.
The Services is accessible only to registered members of the Site, and we are under no obligation to accept any person as a registered member of the Site.
The Services is subject to additional terms posted on the Site. If conflicts exist between such terms and this Agreement, the terms of this Agreement shall govern unless such terms expressly state that they prevail over the provisions of this Agreement.
Minimum hardware and software requirements for use of the Site and Services may be posted on the Site from time to time. However, we do not guarantee the access to or performance of the Site or the Services, even if you meet such minimum requirements. Occasionally, you may experience interrupted Services, delays or errors in the Site or Services. This may be due to a number of reasons including, maintenance that we perform on the Site as well as reasons beyond our control. We will attempt to provide you with prior notice of any interruptions, delays or errors, but we cannot guarantee that such notice will be provided.
In consideration for your access to and use of the Site, we or third parties may from time to time place commercial content on the Site. We have no control over the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do we endorse or are responsible in connection with such content (even if you or we receive any benefits related to the Site in connection with such third party offers). It is your responsibility to understand and accept the terms and payment obligations of all such content that you pursue.
You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Services without prior notice, and establish or change limits concerning use of the Services without prior notice, including without limitation (i) the number of users that can access the Services or use the Services at any one time, (ii) the number of projects managed by the Services, and (iii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. You may reject changes by discontinuing use of the Site and Services. Your continued use of the Site or Services will constitute your acceptance of and agreement to such changes.
We may, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Site and Services (or any portion thereof) without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, loss, theft or unauthorized use of your personal data, our determination that you violated the letter or spirit of this Agreement or any other.
Certain parts of the Services are subject to your purchase and payment of applicable fees ("Chargeable Services").
The pricing for Chargeable Services through the Site can be found at http://dnspark.com/pricing or such other URLs, as may be provided by us from time to time. The pricing for Chargeable Services through third-party providers offering the Services (“Partners”) can be found at each such Partner’s website. We may modify the price, content, or nature of the Chargeable Services at any time. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
By providing a credit card or other payment method accepted by us ("Payment Method") for the Chargeable Services, you are expressly agreeing that we are authorized to charge you the applicable fee at the then current rate, and any other charges you may incur in connection with your use of the Chargeable Services to your elected Payment Method.
For all purchased Chargeable Services, your Payment Method will be charged on an annual basis or at the interval indicated in our fees and payment policies, if different.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL-MONTH PERIODS OR NON-PARTICIPATION OR UNUSED SERVICES AND/OR PRODUCT.
If we do not receive payment from you through the Payment Method, you agree to pay all amounts due upon demand. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Without derogating from the aforesaid, we reserve the right to discontinue the provision of the Services to you for any late payments.
Charges are exclusive of taxes. Charges are solely based on our measurements of your use of the Chargeable Services.
You may use the Services for no charge (“Free Services”), provided that such usage is limited per each user (an individual or a company) to one (1) DNS Hosting subscription with restrictions designated at http://www.dnspark.com/. We reserve the right to discontinue the provision of the Free Services at any given time, without providing a prior notice to that effect.
3. Personal Data
Some functions of the Services require you to provide certain personal information, including among others, name, company name, email address and telephone number (“Personal Data“). You agree to:
- Provide true, accurate, current and complete Personal Data as prompted by the Site’s processes.
- Maintain and promptly update the Personal Data to keep it accurate, current and complete.
- Maintain the security and confidentiality of any usernames and passwords, and any other security or access information used by you to access the Site or Services.
- Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s Personal Data.
- Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Personal Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.
- Log out of any accounts you have created on the Site or through the Services at the end of each session.
We assume that any communications and other activities through use of your Personal Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Personal Data. We will not be liable for your losses caused by any unauthorized use of your Personal Data. We further do not assume any responsibility for any communications sent by you.
Without derogating from the foregoing, we reserve the right to reset any usernames and passwords if there has been any unauthorized access to, or use of, the Services using your Personal Data.
You declare that by providing Personal Data to us, you hereby consent to, us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to the Site, Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
4. User Conduct
In connection with your use of the Site and, Services (including without limitation any information, data, images, feedback, material or ideas that you provide to us or post on or through the Services or the Site (each, a “Submission“), you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, and (ii) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Services. Without limiting the foregoing you may:
- Not display, distribute or otherwise use any Content (excluding Content provided entirely by you), except as reasonably required for the intended purposes of the Services and Site related communications.
- Not use the Site, the Services or any of its Content (including without limitation any programming, images, photographs, graphics), to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Not interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by us reasonable); harass or defame others; or promote hatred towards any group of people.
- Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site, the Services, any Content (including without limitation trademarks, Services marks and logos contained in the Site but excluding Content provide entirely by you). However, you may copy Content that is reasonably required for the intended purposes of the Site and the Services.
- Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Site or any of the Site’s security and traffic management devices, software or routines.
- Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law.
- Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, make Submissions, monitor or scrap information from this Site or the Services, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site), if any.
- Not use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us.
- Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for\profit or not.
5. Your Submissions
We may, in our sole discretion, use any feedback, material or ideas that you provide to us or post on or through the Services or the Site to enhance and better customize the Site and the Services. You further grant us and our successors a perpetual, worldwide, non-exclusive, transferable, non-revocable, sub-licensable, royalty-free license to un-restrictedly use, modify, create derivative works from, distribute and display any feedback you provide to us with respect to the Site or the Services, without compensation, liability or notice to you, in any promotions or redistribution of part or all of the Site or any other sites that were created (as private labels for others or otherwise), are operated or are wholly or partially owned by us, in any media formats and through any media channels including without limitations in future modifications of the Site. You are entirely responsible for all your Submissions and the consequences of posting or publishing them on the Site.
6. Our Feeds
We may from time to time offer our own RSS (“Really Simple Syndication“) or other feeds or podcasts as a free service to users (the “Feed Service“). Your use of the Feed Service is subject to the following terms and conditions:
- You may not charge a fee or otherwise require a user to purchase a product or service in exchange for receiving the Feed Service.
- Use is limited to platforms in which a functional link is made available allowing immediate display of the full article/post on the Site, as specified in the feed.
- Use is accompanied by proper attribution to us as the source.
By accessing the Feed Service, you agree that you will not use the service in contravention of the above conditions. We reserve the right to discontinue the Feed Service at any time, and the right to require that you immediately cease any specific use of the Feed Service or to prevent you from using the service.
7. Public Communications
When using the Site or the Services, you may be exposed to Submissions from a variety of sources, and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Submissions. You may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to your use of the Site, the Services or the Content. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. Please respect and interact with other users as you would in any public arena when using the Services. We do not endorse and are not responsible for the accuracy of Submissions on the Services. Do not reveal information that you do not want to make public, such as by including your contact information or email address in a Submission.
9. Copyright and Trademarks
All of the Content and all of the copyright, database rights, trademark rights and other intellectual property rights in and to the Content (including without limitation all design, text, graphics, audio, video or image files and software) is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site, Services and its Content not expressly granted in the Agreement and excluding users’ Submissions, are reserved by us and our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us or our licensors. No ownership of any Content or trademarks, service marks, trade names, trade dress or other proprietary rights in the Site and related goodwill, is transferred to you. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title. You may print and download extracts from this Site for your own personal use. You may not modify, alter, republish, redistribute, resend, sell or broadcast any material on this Site to any other party or make such material available on-line or make the same available in hard copy or on any other media without our prior written permission. If you breach any of these terms your permission to use this Site automatically terminates and you must immediately destroy any downloads or printed extracts from this Site.
10. Links to and from other Websites; Third Party's Services
11. Links to this Site
Subject to the terms of this Agreement, you may display a link to the Site as long as your use is not misleading, illegal or defamatory, and your linked website contains no infringing or illegal content. You may not suggest that we endorse or sponsor your site, nor tarnish, blur or dilute the quality of our trademarks or any associated goodwill.
The Site, the Services and any Content provided on an “as is” and “as available” basis. WE EXPRESSLY DISCLAIM 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.YOUR USE OF THIS SITE AND CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
13. No Liability
UNDER NO CIRCUMSTANCES WE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE, SERVICES OR CONTENT, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR SERVICES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. Without derogating from any of the foregoing, our total aggregate liability in connection with the Site, Content, Services or the Agreement will be limited to the amount of fees actually paid by you to us during the preceding one month, if any. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THIS SITE, THE SERVICES OR THE CONTENT; (III) ANY USE, MISUSE, OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES THROUGH YOUR PERSONAL DATA; AND (III) YOUR SUBMISSIONS. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
15. Infringement Notices and Takedown
If you believe that any material contained on this Site infringes your copyright, you should notify us at firstname.lastname@example.org.
Your notice should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Site; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
We will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
16. Fair Usage
You may use the Service only for the purpose and the authorized usage set forth herein and only for as long as you are in compliance with all of the terms and conditions herein. Unfair usage and illegitimate use are expressly prohibited.
The following is a non-exhaustive list of practices that would be considered illegitimate use or unfair usage:
- use the Services in a manner that may be or become jeopardizing, malicious, misleading, inappropriate, improper or otherwise harmful;
- use any part of the Services for any illegal or unethical purposes;
- interfere with the ordinary use of the Services; and/or
- breach or otherwise circumvent any security or authentication measures;
We, at our option, may terminate our relationship with you, or may suspend the Services immediately if we determine, at our sole discretion, you are using the Services for unfair usage or illegitimate use. Where reasonable, we will provide you with notice of improper usage before suspension or termination of the Services.
17. Changes to this Agreement
We may revise the Agreement at any time by updating this posting and posting notice on the Site. Your continued use of the Site shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site.
18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the State of Texas laws without regard to its conflict of law principles. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the applicable United States federal and state courts of the State of Texas.
19. Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any part of the Agreement is found to be invalid, unlawful or unenforceable, the offending part shall be amended or extracted from the remaining terms all of which shall remain in full force as permitted by law. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement and our rules and policies in this Site comprise the entire agreement between you and us, states our and our suppliers’ entire liability and your exclusive remedy with respect to the Site and the Services, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.