[dynDNSorg] DNS-based aliasing and hosting services -> similar to the "old" [ml.org] [MONOLITH]

[Bruce F Lucca]

dynDNSorg_policy.doc
<http://www.dynDNS.org/legal/policy.shtml>
====================Wednesday, April 11, 2001====12:15:48=====

All users must agree to this Acceptable Use Policy before using services
provided by Dynamic DNS Network Services

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

All services provided by Dynamic DNS Network Services ("DynDNS") are
provided to you ("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 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 Member with various DNS-based aliasing and hosting
services. Member must (1) provide all equipment necessary for their own
Internet connection, including computer and modem, and (2) provide for
Member's own access to the Internet and pay any fees related with such
connection.

Member agrees to provide and maintain certain current, complete, and
accurate information about 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, Member grants DynDNS the right to
disclose certain Registration Data about Member and Service information
where required to do so by any applicable law or legal process. If any
information provided by Member is inaccurate, DynDNS reserves the right to
terminate Member's membership and rights to use the Service, with or
without notification.

3. MODIFICATIONS TO ACCEPTABLE USE POLICY

DynDNS reserves the right to change the terms and conditions of this AUP as
necessary. DynDNS
expects Member to actively ensure that they agree to the current AUP, and a
modification date will be
posted on any and all copies. Member's continued use of the Service
constitutes an acknowledgement
of the AUP and its modifications by the Member and an agreement by the
Member to abide and be
bound by the AUP and its 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 Member or any third party should DynDNS
exercise its right to modify or
discontinue the Service.

5. PRIVACY POLICY

See the Privacy Policy for information on DynDNS's policies regarding user
information.

6. EXTRA DONATIONS

Any donations received by DynDNS will be used to aid paying for the service
being offered to the
Internet Community. A Member who has donated may receive extra benefits
free of charge, as
specified elsewhere on the DynDNS site. Any Member who makes an extra
donation will still be bound
by the terms 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 one at your convenience. Member agrees to
immediately notify
DynDNS of any unauthorized use of Member's account or any other breach of
security known to
Member.

8. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT 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 YOUR 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.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S
OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO 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 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 YOU.

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 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 YOU.

10. NO RESALE OF THE SERVICE

Member's right to use the Service is personal to Member. Member agrees not
to resell or make any
commercial use of 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 Member's
conduct is consistent with the letter and spirit of the AUP and may
terminate Service if a Member's
conduct is found to be inconsistent with the AUP.

12. MEMBER CONDUCT

Member is solely responsible for the contents of his/her usage of Service.
Member's use of the Service
is subject to all applicable local, state, national, and international laws
and regulations. Member
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, Member's conduct is
subject to Internet
regulations, policies, and procedures. Member 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. 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. 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. 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 Service should Member's conduct fail
to conform with these
terms and conditions of the AUP.

13. INDEMNIFICATION

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 Member's use of the Service, the
violation of this AUP by Member, or
the infringement by Member, or other user of the Service using Member's
computer, of any intellectual
property or any other right of any person or entity.

14. TERMINATION

Either Member or DynDNS may terminate the Service with or without cause at
any time and effective immediately. DynDNS shall not be liable to Member or
any third party for termination of Service. Should Member object to any
terms and conditions of the DynDNS AUP or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Member's only
recourse is to immediately: (1) discontinue use of the Service; (2)
terminate Service membership; and (3) notify DynDNS of termination. Upon
termination of the Service, Member's right to use the Service immediately
ceases.

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 deletion facilities are available here

15. NOTICE

All notices to a party shall be in writing or e-mail. DynDNS may broadcast
notices or messages through the Service to inform Member of changes to the
AUP, the Service, or other matters of importance; such broadcasts shall
constitute notice to Member.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

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

Member acknowledges that 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 Member by the Service
("Content") by DynDNS or DynDNS' Advertisers, is protected by copyrights,
trademarks, service marks, patents or their proprietary rights and laws;
therefore, Member is only permitted to use this Content as expressly
authorized by the Service or the Advertiser. 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 Advertiser.

18. GOVERNING JURISDICTION OF THE COURTS OF NEW YORK

Insofar as this contract defines New York jurisdiction, both parties to the
contract refer to the courts of New York, having the ultimate jurisdiction
over the matters in question; this contract is formed under the laws of New
York and therefore such laws shall be inevitable jurisdiction of the
contract. 

This contract shall be governed by the laws of New York insofar as
possible, particularly to the exclusion of other legal systems within the
United States and Canada.


All pages copyright (C) 1999-2001 Dynamic DNS Network Services. Last
Modified: Tuesday, 14 Nov-2000 18:55:41 EST Please read the Acceptable Use
Policy and Privacy Policy before signing up for any services. 
    |===============<-30->===============|