EveryDNS Terms of Service
This agreement ("Acceptable
Use Policy", "Terms of Service", "AUP", "TOS")
is written in by EveryDNS ("us", "we", "EveryDNS")
for the End-User ("you", "customer", "account holder").
Just read through this and know that you have probably already agreed to
it. If you are a normal person who can use common sense then most doesn't
apply to you. We are worried about the few people out there who like to
ruin everyone's fun. To those people: Read this and then please don't sign
up. Walk, no wait, RUN to www.register.com or something. ;-)
1. Acceptance of
this Agreement; Changes to this Agreement; Voluntary Termination
1.1 Acceptance
of this Agreement; Registration for Services.
By signing up for an account, (signified by creating an account) you have
indicated your acceptance of these Terms of Service and are at least 13
years of age. You agree to use EveryDNS for the service it was designed
for and none other.
1.2 Changes to
this Agreement.
We reserve the right to change these terms at any time without prior notification.
Such changes will be effective immediately unless posted otherwise. If
such changes are not acceptable to you, immediately terminate your account
and cease use of our services.
1.3 Voluntary Termination.
You have the right to stop using our services and to have your account
removed at any time so long as you are not in violation of our terms of
service or have an account with a "hold" status.
2. Registration for
EveryDNS service.
2.1 Complete and
Accurate Registration Information.
It is your duty to provide us with complete and accurate information when
registering. Failure to provide accurate or factual information could
result in a loss of service and placement of your account on "hold"
status.
2.2 License to
use our services and Restrictions. You
are licensed to use any feature of our service that your account allows.
At no time are you permitted to attempt to alter or masquerade your account
information in order to change your account permissions.
2.2.1 Unsolicited
Commercial Email.
It is never at any time permissible to send Unsolicited Commercial Email
('spam', 'UCE') using a domain for which DNS is served by us. Doing
so would immediately put an account on "hold" status and would
start an investigation by our security team. If it is found that UCE
is originating from a domain for which we provide DNS our legal counsel
will be contacted to commence a legal inquiry into the matter. To report
any abuse of our services please email abuse@everydns.net
with all possible information as well as contact information if you
are a network or systems administrator.
2.3 Service Guarantees.While
we at EveryDNS will try to maintain one hundred percent uptime, it is
possible we will have degradation of service and/or loss of uptime. We
make no guarantee whatsoever as to our reliability or data integrity.
Your password is never stored in plaintext on any of our servers and has
had measures taken to insure it cannot be deciphered or garnered by other
means.
2.3.1
Resource Abuse. If
we find that any user is utilizing a certain amount of resources which
we deem to be excessive we will contact that user and allow him or her
to either begin paying us or we will recommend a premium DNS provider
such as our friends at UltraDNS.
3.0 Termination of
Service
3.1 Termination
of Service.We
reserve the right to terminate or "hold" service at anytime for any reason.
Don't violate our terms of service and you will most likely never have
an account terminated.
3.2 Compliance
with authorities.
In the event that we are asked by investigators of an international, federal,
state or local level to turn over logs or information regarding an account
within our service we will do so with a court order. We will also take
a "no-stance" opinion in all domain disputes. Unless ordered
by a court, we will not change any users data without consulting with
the user first. This does not apply for support issues in which case we
may make changes to a user's data.
4.1 Disclaimer of
Warranties
4.1 Disclaimer
of Warranties.
We do not insure the integrity or legality of any of our account holders
personal data. Personal data includes domain names, ip addresses, web
sites, and all other personal data not contained on our servers. No advice
or information given out by our staff constitutes a change in warranty
or liability unless the change is directly related to our Terms of Service.
Some jurisdictions do not allow the exclusion of certain warranties, in
such cases some of the above exclusions may not apply to those persons.
4.1 Liabilities.
EveryDNS
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 EveryDNS has been advised of the possibility
of such damages.
4.2 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. EveryDNS may, at its sole discretion, immediately
terminate Service should Member's conduct fail to conform with these terms
and conditions of the AUP.
5.1 Notices to
all users. EveryDNS
will never send third-party commercial email to its users. EveryDNS may
in rare instances send email to all users alerting them of changes in
the AUP, changes in service, or any other form of major change.
5.2 Notice of violations.
EveryDNS
will attempt to notify all account holders whose accounts are moved to
"hold" status. While it is possible that an account will be
placed on hold before the account holder is contacted, attempts will be
tried to contact owner before an account is put on "hold." Note,
a response from the account holder is not required for us to place an
account on hold nor are we required to alert an account holder of their
account status.
X. Addendum: Privacy
Policy.
X1. Privacy. EveryDNS
will not disclose any private account data regarding a user to third-parties
unless required to do so by law or in the good faith belief that such
action is neccesary to: a) Conform to the edicts of the law or comply
with legal processes served on EveryDNS, b) Protect and defend the rights
or property of EveryDNS, c) Act under exigent circumstances to protect
the personal safety of its account holders or the public, or d) Administer
the system to maintain performance for account holders.
X2. Sale of data
to third-parties. EveryDNS
will never sell personal or aggregate usage data to third-parties or marketers.
No account data will be shared with advertisers or any other sponsors
of EveryDNS.
X3. Aggregate data
on site. From
time to time EveryDNS may choose to release some statistics in aggregate
form on our own site. Statistics may include but are not limited to: total
number of users, total number of domains served, total number of DNS records,
total number of queries served.
Please
direct all questions to our support
team.
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