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 Domain Name Registration, Domain Name Parking, Webhosting, Website Design, Domain Name Forwarding, and Email Forwarding, 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 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.
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.
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.
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.
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 Customerís 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's credit card will be billed $35US by Dynaserve for each registration year selected. The $35US 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.
Domain names may be parked on Dynaserve servers at no charge. Domains not in use will forward to the standard Dynaserve Under Construction page.
A domain name can only be modified/transferred by one of the contacts listed under the registered domain name.
Chargeback Policy: 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 reserves the right to modify or to make additions to its domain service policies at any time without notice.
1. Dynaserve will not guarantee that the Domain Name being applied for will be registered for the applicant.
2. Only valid credit cards will be billed automatically by Dynaserve.
3. Dynaserve will only accept credit card form of payment to successfully register Domain Names.
4. 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.
5. 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.
6. Dynaserve may change this agreement only on renewal or transfer of the Domain Name. All accounts will be subject to the terms and conditions current at the time of the registration, renewal or transfer.
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
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.
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 email@example.com to terminate your account. Failure to comply with this Policy may result in termination of your account(s) with no refunds offered.