| Terms and Conditions |
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 andconditions.
The Terms and Conditions apply to all services provided byDynaserve including but not limited to Webhosting, Domain Registration, Domain Name Parking,Domain Record Management, DNS, DNS Management, URL Redirection, Domain Forwarding, WebsiteDesign, Email Forwarding, and Email Accounts, hereby referred to as Services ("Services").
By submitting an application for Services theApplicant 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 Dynaserveas permitted by applicable local, state and federallaws. The Applicant will not use these services to conduct any business oractivity 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 thisservice.
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 Servicesinclude 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 thateither 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 thatdisrupts the normal use of the system is strictly prohibited. Such system abusemay lead to termination of the account without notice. Examples of such systemabuse include, but are not limited to, consuming excessive amounts of diskstorage or main memory or CPU for long periods of time, spawning many processesthat consume resources, or the like. Any attempts to penetrate Dynaservesecurity will result in the termination of the Customerís account(s) withoutnotice, as well as notification of appropriate law-enforcement and governmentagencies. Dynaserve reserves the right to suspend or terminate any domain nameservices which, in our judgment or upon notification, has been used for anyunlawful purpose, including but not limited to trademark of copyright violationor infringement.
Spam Policy: We reserve the right, in extremecircumstances, to revoke without refund any domain name services which, in ourjudgment, has been used for any unlawful purpose, including theft of e-mailservice, or as a source of unsolicited bulk e-mail or as an address to use forreplying to unsolicited bulk email. This policy also applies to Usenet Spam(off-topic, bulk posting/cross-posting, advertising in non-commercialnewsgroups, etc.). This will not apply to e-mail return addresses used withoutthe owners knowledge or consent, however.
Domain Name Registration
The Applicant will be charged a registration fee by Dynaserve for each year ofdomain 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 arenon-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 cardcharge 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 thedomain is paid in full.
Dynaserve will notguarantee that the Domain Name being applied for will be registered for theapplicant.
The Applicant warrants to Dynaservethat the details submitted by the Applicant to Dynaserve are true and correct, and that future additions or alterations to those detailswill be true and correct. Once registered, the Applicant assumes all responsibilityfor any future obligations, trademark disputes, maintenance fees etc. requiredto maintain or to modify the Domain Name. A domain name can only be modified/transferred by one ofthe contacts listed under the registered domain name.
Dynaserve does not acceptthe responsibility for the use of any Domain Name for any conflict with trademarks, registered or unregistered, or with rights to names in other contexts.
Dynaserve will attempt toavoid the registration of Domain Names that are potentially disputable, but willnot be held responsible in the event that a dispute does arise. Dynaserveis 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 nocharge. Domains not in use will forward to the standard Dynaserve UnderConstruction page.
Dynaserve reserves the rightto modify or to make additions to its domain service policies at any timewithout notice. All accounts will besubject 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 asarbiter nor provides resolution of disputes between Applicants and third partycomplainants arising out of the registration or use of a domain name. In case ofa dispute as to the rights to a particular domain name registration, Dynaserve shall have no role or responsibility other than to provide the contactinformation to both parties. In the event of dispute of ownership or control ofa domain, Applicant agrees to be bound by the terms and conditions of theUniform 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. Dynaserveshall have the right to revoke, suspend, transfer or otherwise modify a DomainName registration at such time as Dynaserve receivesa properly authenticated order from a court of competent jurisdiction, orarbitration award, requiring the revocation, suspension, transfer ormodification of the domain name registration.
The Applicant hereby agrees to defend, indemnify and holdharmless (i) Dynaserve, its officers, directors,employees and agents; (ii) the United States Government ("USG"), itsofficers and employees; (iii) the Internet Corporation for Assigned Names andNumbers ("ICANN"), its officers, directors, employees and agents; (iv)agents acting in such Role, or such other entity as may come toact as registry, (collectively, the "Indemnified Parties"), for anyclaims, action, demand, liabilities, losses, costs, expenses or damages awardedby a court of competent jurisdiction, including reasonable legal fees andexpenses, arising out of, resulting from or related to the registration or useof the Domain Name. Such claims shall include, without limitation, those basedupon trademark or service mark infringement, tradename infringement, dilution,tortuous interference with contract or prospective business advantage, unfaircompetition, defamation or injury to business reputation. Each Indemnified Partyshall send written notice to the Applicant of any such claim, action, or demandagainst that party within a reasonable time. The failure of any IndemnifiedParty to give the appropriate notice shall not affect the rights of otherIndemnified Parties. Dynaserve recognizes thatcertain educational and governmental entities may not be able to providecomplete indemnification. If the Applicant is (i) a governmental or non-profiteducational entity, and (ii) not permitted by law or under its organizationaldocuments to provide indemnification, the Applicant must notify Dynaserve in writing and, upon receiving appropriate proof of such restriction, Dynaservemay provide an alternative provision for such a Applicant.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE DYNASERVE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/ORINFORMATION RESIDING ON ANY DYNASERVE COMPUTER, OR COMPUTER SYSTEM ACCESSEDTHROUGH DYNASERVE. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLYDISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOWTHE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLYTO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVEOTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, DYNASERVE SHALL NOT BE LIABLE TO YOU OR YOURBUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVEDAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISINGOUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF ORUSE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OFWARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY ISASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY)AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCHLOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONSDEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISETHEIR PRODUCTS AND SERVICES ON THE DYNASERVE WEB SITE AND THAT DYNASERVE MAYFORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROMTIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICESTO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS DYNASERVE MAKINGANY 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 ARISINGFROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBYDISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST DYNASERVE WITHRESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BYLAW.
Dynaserve reserves the right to interrupt service periodically, and withoutnotice, for maintenance. Dynaserve will do its utmost to provide service 24hours 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 fromtime to time and that, upon thirty (30) days posting on the Dynaserve website, Dynaservemay modify or amend this Policy and that such changes are binding upon theCustomer. If you do not agree with these terms, conditions, and policies pleasesend email to firstname.lastname@example.org terminate your account. Failure to comply with this Policy may result intermination of your account(s) with no refunds offered.