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Terms and Conditions
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I. For the purposes of this agreement, DomainControlPanel.com and Dynaserve Technologies Ltd. may be used interchangeably.
Dynaserve.com is owned by Dynaserve Technologies Ltd. DBA. Dynaserve Online, a corporation organized under the laws of the Province of British Columbia, Canada.
This Agreement (the"Agreement") between Dynaserve and you (the "Applicant") contains the following terms and
conditions.
The Terms and Conditions apply to all services provided by
Dynaserve including but not limited to Webhosting, Domain Registration, Domain Name Parking,
Domain Record Management, DNS, DNS Management, URL Redirection, Domain Forwarding, Website
Design, Email Forwarding, and Email Accounts, hereby referred to as Services ("Services").
By submitting an application for Services the
Applicant agrees to be bound by this Agreement, the Domain Registration Agreement,
the Webhosting Customer Service Agreement, the Uniform Dispute Resolution Policy, the Acceptable Use Policy,
and all Terms and Conditions of any Partner Services utilized by the Applicant.
It is the Applicant's responsibility to review the Terms and Conditions of Dynaserves' Partner Services before utilizing the services.
The Applicant agrees to use the services provided by Dynaserve
as permitted by applicable local, state and federal
laws. The Applicant will not use these services to conduct any business or
activity or solicit the performance of any activity that is prohibited by law.
II. DomainControlPanel.com cannot be held responsible for the content of pages hosted under our service. DomainControlPanel.com does not review pages for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their Web site.
III. DomainControlPanel.com may terminate user accounts at any time, without notice, for conduct that violates these guidelines or for any other reason. DomainControlPanel.com may terminate user accounts and delete any and all user information for conduct that DomainControlPanel.com believes is harmful to the business of DomainControlPanel.com or to any of its users or partners. Pages found violating these items may be subject to immediate deletion and removal from our servers, and their Webmasters subject to banishment from the DomainControlPanel.com network. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE on DomainControlPanel.com.
a. Content that contains or contains links to nudity, pornography, adult content, sex, extreme violence, or foul language.
b. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
c. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize DomainControlPanel.com resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
d. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
e. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
f. Storage of log files or non-HTML content, or any use of space that circumvents the display of advertising.
g. Having password-only, hidden, or restricted access pages (all Web pages must be accessible to the Internet community at large).
h. Sites that exploit images of children under 18 years of age.
i. Binary files, downloads, etc. that are not linked to an HTML page on the user's site, such that an advertising banner is displayed. Links back to files on a user's DomainControlPanel.com page from other sites must also link first to an HTML page on DomainControlPanel.com, which then links to the binary files.
j. Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
k. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
l. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any people or animals.
m. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
IV. DomainControlPanel.com makes no implied or express warranties about the reliability of
Services or related services. DomainControlPanel.com is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. DomainControlPanel.com makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
a. Users agree to use the DomainControlPanel.com resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither DomainControlPanel.com nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this
service.
b. DomainControlPanel.com and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by DomainControlPanel.com.
c. DomainControlPanel.com may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your Web site and provide added value to our service.
d. You agree to indemnify DomainControlPanel.com and its partners against any and all claims and expenses, including attorneys' fees, arising from the your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your Web site.
e. Because DomainControlPanel.com sites are hosted by Dynaserve, Dynaserve reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs hosted by Dynaserve for use in their projection of Dynaserve's overall traffic.
V. DomainControlPanel.com services are advertiser-supported. We require all advertising to be suited to general audiences, and make every effort to provide advertising relevant to the content of user Web pages.
a. Each page is required to display a banner. An advertising banner will be displayed by default on every page served by our servers. Any attempts to undermine or avoid the display of the banner is considered a violation of this agreement and the site will be subject to immediate removal.
b. DomainControlPanel.com may make provisions for those users who do not desire advertising on their site to have an advertising-free site for a fee. In such cases, all other aspects of this Acceptable Use Policy still apply.
VI. Other DomainControlPanel.com rules and guidelines:
a. Each user is responsible for providing valid and accurate user registration information, and maintaining the same.
b. Each user is responsible for ensuring their username and password is kept private, and notify DomainControlPanel.com immediately of any breach of security.
c. User accounts may be deleted after 60 days if there is no activity on the account, in order to free unused resources.
d. Each user is requested to take only one account. Multiple accounts may be taken, but only if each site contains completely different subject matter.
e. DomainControlPanel.com sites MAY be used as an entry to a non-DomainControlPanel.com site ONLY if the user is not automatically redirected to the non-DomainControlPanel.com site.
VII. DomainControlPanel.com reserves the right to amend or change these guidelines at any time without notice.
Prohibited Use: Prohibited uses of Dynaserve's Services
include but are not limited to; pornographic
content and sex-related merchandising; unsolicited bulk e-mail:
hacker programs or archives; pirated software, and warez sites. This includes sites that
either contain prohibited content, or contain links to prohibited content
elsewhere. Dynaserve will be the sole arbiter in
determining violations of this provision. Dynaserve reserves the right to refuse, cancel or suspend
service at our sole discretion. The Applicant agrees to
indemnify and hold harmless Dynaserve from any claims
resulting from the use of the service that damages the Applicant or any other party.
Termination Policy: Any misuse of Dynaserve resources that
disrupts the normal use of the system is strictly prohibited. Such system abuse
may lead to termination of the account without notice. Examples of such system
abuse include, but are not limited to, consuming excessive amounts of disk
storage or main memory or CPU for long periods of time, spawning many processes
that consume resources, or the like. Any attempts to penetrate Dynaserve
security will result in the termination of the Customer’s account(s) without
notice, as well as notification of appropriate law-enforcement and government
agencies. Dynaserve reserves the right to suspend or terminate any domain name
services which, in our judgment or upon notification, has been used for any
unlawful purpose, including but not limited to trademark of copyright violation
or infringement.
Spam Policy: We reserve the right, in extreme
circumstances, to revoke without refund any domain name services which, in our
judgment, has been used for any unlawful purpose, including theft of e-mail
service, or as a source of unsolicited bulk e-mail or as an address to use for
replying to unsolicited bulk email. This policy also applies to Usenet Spam
(off-topic, bulk posting/cross-posting, advertising in non-commercial
newsgroups, etc.). This will not apply to e-mail return addresses used without
the owners knowledge or consent, however.
Domain Name Registration
The Applicant will be charged a registration fee by Dynaserve for each year of
domain registration. The registration fee per domain year is a non-refundable one-time domain
registration fee. Renewals after the initial term will by billed at
the same rate. All fees paid to Dynaserve are
non-refundable and non-transferable. Failure to fulfill payment terms will result in the domain ownership to
revert to Dynaserve and will incur a $200.00US transfer and collection fee. In the event of a disputed credit card
charge resulting in a chargeback of the purchase of a domain name, Dynaserve reserves the right to suspend all service to the Applicant's domain until the
domain is paid in full.
Dynaserve will not
guarantee that the Domain Name being applied for will be registered for the
applicant.
The Applicant warrants to Dynaserve
that the details submitted by the Applicant to Dynaserve are true and correct, and that future additions or alterations to those details
will be true and correct. Once registered, the Applicant assumes all responsibility
for any future obligations, trademark disputes, maintenance fees etc. required
to maintain or to modify the Domain Name.
A domain name can only be modified/transferred by one of
the contacts listed under the registered domain name.
Dynaserve does not accept
the responsibility for the use of any Domain Name for any conflict with trade
marks, registered or unregistered, or with rights to names in other contexts.
Dynaserve will attempt to
avoid the registration of Domain Names that are potentially disputable, but will
not be held responsible in the event that a dispute does arise. Dynaserve
is entitled to reject an application which Dynaserve considers as being unsuitable or likely to be involved in a trade mark dispute.
Domain names may be parked on Dynaserve servers at no
charge. Domains not in use will forward to the standard Dynaserve Under
Construction page.
Dynaserve reserves the right
to modify or to make additions to its domain service policies at any time
without notice.
All accounts will be
subject to the terms and conditions current at the time of the registration,
renewal or transfer.
Disputes between Domain Name Holders and Third Parties
Dynaserve neither acts as
arbiter nor provides resolution of disputes between Applicants and third party
complainants arising out of the registration or use of a domain name. In case of
a dispute as to the rights to a particular domain name registration, Dynaserve
shall have no role or responsibility other than to provide the contact
information to both parties. In the event of dispute of ownership or control of
a domain, Applicant agrees to be bound by the terms and conditions of the
Uniform Dispute Resolution Policy found at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
This Policy does not limit the administrative or legal procedures Dynaserve may use when third-party conflicts arise. Dynaserve
shall have the right to revoke, suspend, transfer or otherwise modify a Domain
Name registration at such time as Dynaserve receives
a properly authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the revocation, suspension, transfer or
modification of the domain name registration.
The Applicant hereby agrees to defend, indemnify and hold
harmless (i) Dynaserve, its officers, directors,
employees and agents; (ii) the United States Government ("USG"), its
officers and employees; (iii) the Internet Corporation for Assigned Names and
Numbers ("ICANN"), its officers, directors, employees and agents; (iv)
agents acting in such Role, or such other entity as may come to
act as registry, (collectively, the "Indemnified Parties"), for any
claims, action, demand, liabilities, losses, costs, expenses or damages awarded
by a court of competent jurisdiction, including reasonable legal fees and
expenses, arising out of, resulting from or related to the registration or use
of the Domain Name. Such claims shall include, without limitation, those based
upon trademark or service mark infringement, tradename infringement, dilution,
tortuous interference with contract or prospective business advantage, unfair
competition, defamation or injury to business reputation. Each Indemnified Party
shall send written notice to the Applicant of any such claim, action, or demand
against that party within a reasonable time. The failure of any Indemnified
Party to give the appropriate notice shall not affect the rights of other
Indemnified Parties. Dynaserve recognizes that
certain educational and governmental entities may not be able to provide
complete indemnification. If the Applicant is (i) a governmental or non-profit
educational entity, and (ii) not permitted by law or under its organizational
documents to provide indemnification, the Applicant must notify Dynaserve in writing and, upon receiving appropriate proof of such restriction, Dynaserve
may provide an alternative provision for such a Applicant.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE DYNASERVE WEB
SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR
INFORMATION RESIDING ON ANY DYNASERVE COMPUTER, OR COMPUTER SYSTEM ACCESSED
THROUGH DYNASERVE. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, DYNASERVE SHALL NOT BE LIABLE TO YOU OR YOUR
BUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING
OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR
USE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS
ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY)
AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS
DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE
THEIR PRODUCTS AND SERVICES ON THE DYNASERVE WEB SITE AND THAT DYNASERVE MAY
FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM
TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES
TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS DYNASERVE MAKING
ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES,
NOR WILL DYNASERVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING
FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY
DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST DYNASERVE WITH
RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
Dynaserve reserves the right to interrupt service periodically, and without
notice, for maintenance. Dynaserve will do its utmost to provide service 24
hours a day, 7 days a week.
This Terms of Service and any disputes arising out of or related to the Service and the DomainControlPanel.com Sites shall be governed by, and construed and enforced in accordance with, the laws of the Province of British Columbia, Canada.
Customers acknowledge and agree that this Policy may change from
time to time and that, upon thirty (30) days posting on the Dynaserve website, Dynaserve
may modify or amend this Policy and that such changes are binding upon the
Customer. If you do not agree with these terms, conditions, and policies please
send email to support@dynaserve.com
to terminate your account. Failure to comply with this Policy may result in
termination of your account(s) with no refunds offered.
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