TERMS OF SERVICE
24/7 DNS services ("Services") is provided by 247DNS LLC. (“247DNS”).
Subject to your acceptance of and compliance with these Terms of Service and any applicable additional policies for the Service which may be set forth on the applicable Service as may be updated from time to time, 247DNS hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable right and license, subject to 247DNS&rsquos intellectual property rights, to access the Website and use the Services during the Term (as defined below).
If you are an individual accepting these Terms of Service on behalf of an entity Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind your employer, please do not use the Services.
From time to time, 247DNS may update the functionality and user interface of the Services, add new features to the Service, change the access configuration for the Services or update the related software. In such event, these Terms of Service shall also apply to any upgrades or updates subsequently provided by 247DNS for the Services or related software. If you do not accept and agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Services.
2. Packages of Services.
247DNS offers the following Services:
24/7 DNS Basic: alert the user, when he/she is going to open websites with viruses and malware.
24/7 DNS Family: blocks access to websites with erotic and/or pornographic content, violence content and alert the user, when he/she is going to open websites with viruses and malware.
24/7 DNS Rule: allows access to a number of trusted resources and deny access to the user-defined resources.
The all Services include the feature of protection your IP address from tracking traffic patterns and behavior of the users of the Services.
You may purchase all Services through Website or make use of for free through the free trial period within 30 days (it&rsquos applies only to 24/7 DNS Basic and 24/7 DNS Family).
To activate the Services 24/7 DNS Basic and 24/7 DNS Family your device is to have static IP address.
If you have a dynamic IP address 247DNS can provide you with IP address on 247DNS’s network. The provision of IP address at the same time is included in the Service 24/7 DNS Personal.
If you purchased a Service or enrolled in the free trial period, you can use the applicable Service only as authorized in these Terms of Service and related documentation as described on the Website for the duration of the subscription term and for the unlimited number of devices having its own IP address.
After 30-day free trial period use of the Services, you are given the opportunity to purchase any package of Services. In case of refusal to purchase any Service 247DNS stops providing the Service and disables the protection of your IP address from advertisement.
After the free trial period to purchase certain Services you must register for an account by completing a User registration form. After 247DNS&rsquos review of your registration information, you shall become a "Registered User" after acceptance of these Terms of Service. You represent and warrant that all of the information that you provide to 247DNS in the user registration form is truthful and accurate. If you provide any false, inaccurate, or incomplete information in your user registration form, 247DNS may immediately terminate your account. Registered Users are responsible for maintaining the confidentiality of their passwords, and are not to share their User IDs or passwords with any other individuals. You agree to immediately notify 247DNS of any unauthorized use of any User ID or password. You will be solely responsible and liable for any and all access to and use of the Website or Service (including all activities and transactions) by any person logging in under your account.
4. Payment Terms
If you purchase Services through the Website you expressly agree that 247DNS is permitted to invoice and charge your credit card or accepted payment account the applicable fees, any applicable taxes and any other charges that you may incur with your use of the Services and that such fees, taxes and related charges will be billed to the credit card.
i. i. You agree to allow 247DNS, or our payment affiliates or services providers, to process/or store your payment information.
ii. If payment is not received or cannot be charged to your credit card or accepted payment account for any reason in advance of the applicable subscription period, 247DNS reserves the right to either suspend or terminate your access to the Service, and at 247DNS’s sole discretion, terminate these Terms of Service.
iii. All fees are payable in U.S. Dollars and are based on Services purchased and not on actual usage. All fees are non-refundable.
iv. The prices do not include any taxes and you shall pay any applicable sales use, excise, withholding or other taxes applicable to sale or furnishing of the Services or related Software. If sales tax is applicable, we will either (i) collect and remit such tax to the relevant State authority or (ii) you are responsible for paying this tax directly to the relevant authority.
5. Service Term, Termination and Suspension.
a. The term of the Service (the "Term") will commence when you agree to these Terms of Service, or any revisions hereto, by taking the actions referenced above and will remain in effect until terminated by you or 247DNS in accordance with Sections 5.b., 5.c.
b. 247DNS may terminate access to all or any part of the Services and terminate these Terms of Service, in the event you commit a material breach of any provision of these Terms of Service which is not cured within ten (10) days of written notice from 247DNS.
c. 247DNS reserves the right to suspend Services as it may deem appropriate in response to actual or suspected violations of these Terms of Service if 247DNS reasonably concludes that your Service is being used to engage in illegal activity or causing immediate, material and ongoing harm to 247DNS or others. You agree that 247DNS shall not be liable to you nor to any third party for any suspension of the Service under such circumstances as described in this Section 5.c.
d. You may terminate your subscription to the Services at any time and if you terminate at least thirty (30) days prior to the next renewal period you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees that you have paid in advance will not be refunded.
Unless expressly authorized in a separate written agreement between you and 247DNS, the grant to access and use any of the Services herein, whether purchased for a fee or free, does not include any right to resell the Services, manage the Services on behalf of third parties, make other commercial use or distribution of the Services or to make any derivative use of Services, integrate the Services into another service, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Services. 247DNS retain all right, title, and interest in the Services, including any and all intellectual property rights. 247DNS reserves all rights not expressly granted.
7. User Data.
8. Prohibited Use.
9. Warranty Disclaimer.
Content and other information contained within the Services has been prepared by 247DNS as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. 247DNS has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of such content or other information contained in or linked to the Services. Users relying on such content or other information from the Services do so at their own risk. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND 247DNS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. 247DNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED.
10. Limitation of Liability.
IN NO EVENT SHALL 247DNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL 247DNS’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF SERVICE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO 247DNS IN THE PRECEDING TWELVE (12) MONTHS OR (II) THE AMOUNT OF FIFTY DOLLARS ($50.00).
You agree to defend, indemnify and hold harmless 247DNS, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to (i) your unauthorized or unlawful use of the Services, (ii) your breach of these Terms of Service as stated herein or (iii) the infringement by you or any third party using your account, of any intellectual property or other right of any third party. 247DNS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with 247DNS in asserting any available defenses.
12. Modifications and Revisions
247DNS reserves the right to modify or discontinue the Services with or without notice to you. 247DNS shall not be liable to you or any third party should 247DNS exercise its right to modify or discontinue the Service.
You agree that 247DNS may modify these Terms of Service and any other 247DNS policies referenced herein, at any time by posting a revised version of the document at issue on the relevant website.
All revisions to these Terms of Service and any of the other policies shall be effective immediately upon posting of such revisions to the Website. It is your responsibility to check the Website regularly for changes to these Terms of Service or the other policies, as applicable. Continued use constitutes acceptance of revised terms. By continuing to use or receive the Services after the effective date of any revisions to the Terms of Service or the other policies, you agree to be bound by the revised term.
13. Force Majeure.
247DNS shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
14. General Information
a. Entire Agreement
These Terms of Service constitute the entire agreement between you and 247DNS governing your use of the Website and the Service, superseding any prior agreements, whether written or oral, between you and 247DNS regarding the subject matter hereof.
b. Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of the British Virgin Islands without giving effect to any conflict of law principles that may require the application of the law of another jurisdiction. In connection with any claims, dispute, controversies, or proceeding arising from or relating to the Service, you agree to submit to the personal and exclusive jurisdiction of the British Virgin Islands courts. You and 247DNS agree to submit to the jurisdiction of, and you hereby consent to the exercise of jurisdiction over you by such courts in any such legal action or proceeding. 247DNS makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
The failure of 247DNS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
If any clause or provision set forth above is determined to be illegal, invalid or unenforceable under present or future law, then, in that event the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
e. Section Headings
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Any notices to you from 247DNS regarding the Services or these Terms of Service will be posted on the Website or made by e-mail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving them unless you terminate your account. Any notice or communication that you desire or are required to send 247DNS under these Terms of Service should be sent to 247DNS through one of the means listed in the Contacting Us section below.
15. Contacting Us.
If you have any questions or concerns about these Terms of Service, please contact us at firstname.lastname@example.org or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
These Terms of Service were last updated and posted on October 2, 2014
Copyright © 2014. All rights reserved.