Public UltraDNS Terms Of Use
By accessing and using the open recursive service (“Service”), you (“You”) accept the terms and conditions of use as set forth herein (“Agreement”).
1. Access to the Services
Subject to the terms and conditions of this Agreement, Vercara LLC (“Vercara”) grants You the non-exclusive, revocable right to use Service solely as set forth herein. You may use the Service by configuring Your computer(s), IP-enabled electronic devices and/or network equipment settings to use the UltraDNS Public Vercara Primary and Secondary IP addresses (“Vercara Open Recursive NameServers”). Vercara shall accept, process, and resolve recursive DNS queries (“Recursive Traffic”) from You subject to the terms and conditions contained herein. Vercara reserves the right to re-direct or terminate Recursive Traffic that Vercara, in its sole discretion, determines or considers to be harmful or invalid. Except as set forth herein, Vercara grants no other rights or licenses to You with respect to the Service.
2. Ownership
You acknowledge and agree that the Service is the property of Vercara or its licensors and that the domain name server, software, and that all data and know-how used, developed or derived by Vercara in the provision and operation of the Service are owned exclusively by Vercara or its licensors, and, where applicable, are protected by copyright and other intellectual property laws and You claims no ownership interest therein. Nothing in these Terms of Use grants You any rights to, and You agree not to (a) modify, adapt, alter, copy, reverse engineer, except to the extent permitted by applicable law, or disassemble the Services, including without limitation any software or data contained therein, in any way or (b) re-sell or create or offer derivative versions of the Services either directly or indirectly, (i) as a standalone service offering, (ii) as bundled with your services or products, or (iii) on a service-bureau basis.
3. Termination Right; Change of Service
Vercara may terminate this Agreement at any time without notice to You. In the event of termination of this Agreement, Your access to the Services will end and Vercara will not be responsible in any fashion for Your access to alternative services. You may terminate this Agreement at any time without notice by ceasing to point Recursive Traffic to the Vercara Open Recursive NameServers. Vercara may change or discontinue the Service, or portions thereof, at any time. Your use of the Service after the effective date of any change will be deemed acceptance of the change by You.
4. Changes to Terms & Conditions
Vercara may, in its sole discretion, modify, amend or change the terms and conditions of this Agreement at any time. Such change shall be effective immediately upon posting such revised terms and conditions. Vercara may, but shall not be required to, notify You of such changes. Your continued use of the Service following any changes the terms and conditions of this Agreement constitutes Your acceptance of those changes.
5. Changes to the Service
Vercara reserves the right to change or terminate the Services at any time without notice to You.
6. Assumption of Responsibility
You assume all responsibility for use of the Services. You waive all claims against Vercara, its officers, directors, employees, suppliers, and programmers that may arise from the use of the Services.
7. Warranties
You represent and warrant that You have all right, title and interest to use any of the data, information or content that You provide to Vercara to perform the Services (collectively, the “Data”), and that you have full power and authority to enter into this Agreement. You represent and warrant that You will not use, or allow use of, the Services in a manner that: (a) is prohibited by any law or regulation or the acceptable use policy set forth herein; or (b) will disrupt third parties’ use of the Services.
8. Disclaimer
NEITHER VERCARA NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER VERCARA, NOR ITS AGENTS OR PARTNERS WARRANT THE ACCURACY OR THE SERVICE. VERCARA DOES NOT WARRANT THE SERVICE AGAINST MALFUNCTION OR CESSATION OF INTERNET SERVICES BY INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS THAT FORM THE INTERNET, WHICH MAY MAKE THE SERVICE TEMPORARILY OR PERMANENTLY UNAVAILABLE. NEITHER VERCARA, NOR ITS AGENTS OR PARTNERS MAKE ANY WARRANTY: (A) AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE; (B) THAT ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR COMPLETE; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ALL TIMES; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, VERCARA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.
9. Limitation of Liability
IN NO EVENT SHALL VERCARA NOR ANYONE ELSE INVOLVED IN CREATING, SUPPORTING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING WITHOUT LIMITATION SUSPENDING OR DISCONTINUING THE SERVICES) BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, WHICH ARE RELATED TO THIS AGREEMENT AND THE PROVISION OF SERVICES HEREUNDER, EVEN IF VERCARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VERCARA’S TOTAL CUMULATIVE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO VERCARA FOR USE OF THE SERVICES OR (II) ONE DOLLAR ($1.00).
10. Restrictions on Use of Services/Acceptable Use Policy
You shall use the Services for lawful purposes only. You shall not use, or allow use of, the Services in any of the following manners (“Abuses”) and shall be responsible for any such Abuses if committed by end users: (a) Use of the Services in an unlawful manner or for an unlawful purpose, including display of unlawful content; (b) Use of the Services to transmit or distribute material that intentionally contains a virus, “Trojan Horse,” adware, spyware or data that is designed to corrupt or disable any computer file, database or network or, in Vercara’s sole discretion, is obscene, defamatory, or promotes unlawful behavior, including, without limitation, terrorism or violence; (c) Use of the Services in a manner that, in Vercara’s commercially reasonable discretion, directly or indirectly produces or threatens to produce a materially negative effect on the Vercara Network or that interferes with the use of the Services or Vercara network by other customers or authorized users including, without limitation, overloading servers or causing portions of the Vercara Network to be blocked; (d) Use of the Services to post substantively similar articles to an excessive number of newsgroups or to send unsolicited and/or mass e-mailings, whether or not such activities provoke complaints from the recipients; (e) Altering any aspect of the Service where such is not authorized by Vercara; or (f) Use of the Services in a manner that causes or is designed to cause, a denial-of-service or similar attack to any other party whether on the Vercara Network or on another network or for any malicious purpose or in such a manner that, directly or indirectly, produces a negative effect on Vercara or its systems or network (including, without limitation, overloading servers on the network or causing portions of the network to be blocked) or the systems or networks of any third party. In addition to its right to suspend and/or terminate the Service in accordance with this Section, Vercara reserves the right to notify the appropriate law-enforcement agencies of such Abuse.
11. Accurate Information
You agree to provide complete, accurate, and current information as requested by Vercara in order to provide the Services.
12. Contact
You agree that Vercara may contact You with information that it deems of possible interest to You. These notices and announcements may include, but are not limited to, commercial emails and direct mailings concerning service changes, service/product upgrades, new services/products, or other relevant information.
13. Indemnification
You will defend, at Your own expense any third party action brought against Vercara, its directors, officers, or employees to the extent that the action is based on a claim, suit, or proceeding (“Claim”) that arises out of, or relates to, any content passing through the Service to or from You, or resulting from, or in connection with, Your use of the Service including, without limitation, any Claim (a) that Your website, products or services infringe or misappropriate any intellectual property rights of a third party; (b) that Your website, products or services contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party’s rights of privacy or publicity; (c) brought by users of Your website; (d) related to Your use or misuse of the Service or (e) that arises out of Your breach of this Agreement. You will pay those costs and damages (including, but not limited to, reasonable attorneys’ fees) awarded against Vercara, its directors, officers, or employees by a court of competent jurisdiction in any such action that are specifically attributable to such Claim, or those costs and damages agreed to in a monetary settlement of such action; provided, however, that Vercara provides You with prompt written notice of the Claim, sole control of the defense and settlement of that Claim, and Vercara provides You reasonable assistance regarding such Claim at Your reasonable expense. You may not enter into any settlement or compromise of any such claim without Vercara’s prior written consent if such settlement or compromise would create obligations on Vercara or adversely affect Vercara’s exercise of any of its rights under this Agreement, which consent shall not be unreasonably withheld. In addition, Vercara will have the right to participate in the investigation, defense and settlement negotiations of any such Claim with separate counsel chosen and paid for by Vercara.
14. Security
In no event will Vercara be liable for any unauthorized use or misuse of Your account number or password.
15. Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any dispute arising hereunder shall exclusively be resolved and/or litigated in the state or federal courts of Fairfax County, Virginia and each party consents to the jurisdiction thereof. The parties hereby expressly opt-out from the applicability of the Uniform Computer Information Transactions Act (“UCITA”).
16. Taxes
Provision of the Services is exclusive of any applicable federal, state or local use, excise, value-added, gross receipts, sales and privilege taxes, duties, fees, universal service assessments or similar liabilities (other than general income or property taxes imposed on Vercara). Any taxes or similar liabilities, however denominated, that may now or hereafter be levied on the Services provided, chargeable to or against You by any applicable government authority, shall be passed through to and payable by You.
17. Copyright and Trademark Notices
All images, text, programs, and other materials found in the website are protected by the United States copyright laws. Any commercial use of these images, text, programs or other materials is strictly prohibited without the express written consent of Vercara. The trademarks, service marks and logos identifying Vercara’s products and services are the trademarks and/or service marks of Vercara. All other trademarks and service marks are the property of their respective owners.
18. Notices
Any notices to Vercara sent under this Agreement should be sent to: Vercara, LLC 45980 Center Oak Plaza Sterling, VA 20166 Attn: General Counsel
19. Effect
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be modified or eliminated to the minimum extent necessary and the remainder of the provision, as well as the other provisions will continue in full force and effect. Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
20. Survival
Section 13 shall survive the expiration or termination of this Agreement. This Agreement represents the entire agreement between Vercara and You with respect to its subject matter, and there are no other representations, understandings, or agreements between Vercara and You relative to such subject matter. Neither this Agreement nor any amendment thereto, or change, waiver or discharge of, any provision of this Agreement shall be valid against Vercara unless in writing and signed by You and an authorized representative of Vercara. You may not assign or otherwise transfer all or any portion of Your rights or obligations under the Agreement without the prior written consent of Vercara.
