Terms of Service
In order to create an account you must agree to the following Terms of Service.
Last Updated: November 6, 2011
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
DtDNS ("Service"), owned and operated by North Loop Networks, LLC ("Operator"), is provided to you ("Member") under the terms and conditions of this Terms of Service ("TOS") and any operating rules or policies that may be published by Operator. The TOS comprises the entire agreement between Member and Operator and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CREATING AN ACCOUNT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. DESCRIPTION OF SERVICE
Operator is providing Member with a DNS service, which will translate an Internet Domain Name to an IP (Internet Protocol) Address. Member must: (1) provide all equipment, including a computer, modem, and/or all other equipment necessary to establish a connection to the Internet; (2) provide for own access to the Internet and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants Operator the right to disclose to third parties certain Registration Data about Member and Service membership in the case where Operator is required to disclose such information by any applicable law or legal process served on Operator. If any information provided by Member is inaccurate, Operator retains the right to terminate Member's membership and rights to use the Service.
3. MODIFICATIONS TO TERMS OF SERVICE
Operator may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, Operator will notify Member by sending a message to the e-mail address on file for each Member, and by posting a notification on the main web site. Using the service after such a message has been posted is indication of Member's acceptance of the updated TOS. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and its modifications; (2) agreement by Member to abide and be bound by the TOS and its modifications.
Operator reserves the right to modify or discontinue the Service with or without notice to Member. Operator shall not be liable to Member or any third party should Operator exercise its right to modify or discontinue the Service.
4. GOVERNING JURISDICTION OF THE COURTS OF MINNESOTA
Insofar as this contract defines Minnesota jurisdiction, both parties to the contract refer to the courts of Minnesota, having the ultimate jurisdiction over the matters in question: this contract is formed under the laws of Minnesota and therefore such laws shall be the inevitable jurisdiction of the contract.
This contract shall be governed by the provisions of Minnesota law insofar as possible, particularly to the exclusion of other legal systems within the United States and Canada.
In addition to the privacy of registration data as discussed in Section 2 above, Operator will not edit or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Operator; (2) protect and defend the rights or property of Operator; or (3) act under exigent circumstances to protect the personal safety of its Members or the public. Member acknowledges and agrees that Operator neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
For more information regarding the type of information we collect and how this information is used, please read our Privacy Statement.
Any donations received by Operator will be used to aide paying for the services being offered to the Internet Community. A Member who has donated may or may not receive extra benefits free of charge to a Member who has not donated. Any Member who makes an extra donation will still be bound by the terms of this TOS.
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 if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time using the Account Settings screen; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify Operator 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. OPERATOR 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. OPERATOR MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OPERATOR 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. OPERATOR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OPERATOR 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
OPERATOR 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 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 OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW 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 agrees not to resell the Service, without the express consent of Operator.
11. HOST CONTENT AND OTHER LIMITATIONS
Operator assumes no responsibility for the content of any material located on the hosts provided from our Service. Operator has no control over the content of bulletin boards or web sites located on domains or hosts provided by our service; however, Operator retains the right, at Operator's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
12. MEMBER CONDUCT
Member is solely responsible for the contents of his or her usage of our 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 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 delete 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. Operator may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.
Member agrees to indemnify and hold Operator, 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 TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
Either Member or Operator may terminate the Service with or without cause at any time and effective immediately. Operator shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the Operator 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 Operator of termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and Operator will have no obligation thereafter to handle domains or hosts for the Member or any third party.
All notices to a party shall be in writing or e-mail. Operator may broadcast notices or messages through the Service to inform Member of changes to the TOS, 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. Operator 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 Operator or Operator's Advertisers, is protected by copyrights, trademarks, service marks, patents or other 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.
This contract is governed by and construed in accordance with the conflict of laws provision rules of the jurisdiction of the courts of Minnesota. Member and Operator agree to submit to the exclusive jurisdiction of the courts of the jurisdiction of the courts of Minnesota.
If any provision(s) of the TOS is held by court of Minnesota jurisdiction to be contrary to law, then such provision(s) shall be construed, in accordance within the provisions of Minnesota courts, to reflect the intentions of the parties (as construed by the jurisdiction of the courts of Minnesota) with the other provisions remaining in full force and effect.
Operator's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Operator in writing.
Member and Operator agree that any cause of action arising out of or related to this Service must commence within three (3) months after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.