1. Acceptance Of Terms
No-IP is an Internet-based Web site that offers DNS Hosting, dynamic DNS, URL Redirection, email hosting, domain name registration, server monitoring, SSL certificates and software utilities (each a "Service" and collectively "Services"). Vitalwerks Internet Solutions, LLC, doing business as No-IP, (hereafter "No-IP" or "Vitalwerks"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By completing the registration process and clicking the "accept" button, you ("Customer" or "you") are indicating your agreement to be bound by all of the terms and conditions of the TOS.
3. Ownership Of Site Content
Vitalwerks and/or its suppliers wholly own all articles, illustrations, programs, Services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising No-IP.
4. Acceptable Use
- If an individual customer certifies that he or she is at least 18 years of age.
- Customer is solely responsible for his/her/its usage of the Services. Each Customer is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Customer's use of the Services is subject to, and Customer agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) U.S. law regarding the transmission of technical data exported from the United States, (2) European Union law regarding the export of data to the United States, and (2) Internet regulations, policies, and procedures.
- Customer may use the Service for any lawful purpose so long as he, she or it does not (i) abuse or fraudulently use the Service, (ii) use the Service in a manner that causes interference to or tampers with another subscriber's or authorized user's use of No-IP Services, or (iii) otherwise use the Service in a manner that violates this TOS.
- Customer may only use the No-IP Free Service for personal use.
Prohibited Activities Include, But Are Not Limited To, The Following:
- transmitting Unsolicited Commercial Email (UCE)
- transmitting bulk email
- posting bulk Usenet articles
- Denial of Service attacks of any kind
- copyright infringement
- failure to provide legitimate contact information
- misrepresentation of No-IP's Services
- reselling or attempting to resell No-IP's Services without the permission of Vitalwerks
- unlawful or illegal activities of any kind
- use of web redirects for distributed file sharing software and networks
- pointing No-IP hostnames to a public IRC network
- pointing hostnames on No-IP owned domains to an IRC server
- causing lossage or creating Service degradation for other No-IP Users, whether intentional or inadvertent
- causing or attempting to cause harm to another computer or network
- violating any applicable law or regulation
- utilizing the No-IP Free Service under more than one account
- utilizing the No-IP Free or Enhanced Dynamic DNS Service for commercial use
- search engine spamming
- distributing or promoting pornography utilizing the No-IP Free or Enhanced Dynamic DNS Services
5. Termination Of Service
No-IP may suspend or terminate your account or access rights to Services at any time, without notice, for conduct that No-IP reasonably believes violates this TOS or any other applicable policies or guidelines that No-IP has posted on the No-IP Web site. In addition to restricting or terminating Customer's access to the Service, No-IP may remove any materials that we have reasonable grounds to believe are in violation of the copyright laws of the United States or may be otherwise illegal, may subject us to liability or that violate this TOS. No-IP may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.
Customer agrees to hold No-IP harmless from any claims, whether brought by Customer or by a third party, and expenses, including reasonable attorney's fees and court costs, related to or arising from Customer's breach or violation of any of the terms of this TOS, or from any information, software or content placed by Customer on a server accessible through a Service.
7. Choice Of Law
This TOS shall be construed and controlled by the laws of the United States and the State of Nevada. Any dispute arising from Customer’s use of the Service or a breach of this TOS will be governed by the laws of Nevada without regard to the conflicts of laws provisions thereof, and shall be brought in a state or federal court in Nevada. Customer agrees to submit to the personal jurisdiction of any of those courts.
8. Entire Agreement
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between No-IP representatives and Customer. No-IP may amend or modify this TOS or impose new conditions at any time upon written notice from No-IP to Customer, either by email or by publication on the No-IP Web site. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
9. No Resale Of This Service
Customer's right to use the Service is personal to Customer. Customer agrees not to resell the Service without the express written consent of Vitalwerks, and all resellers and resales shall be subject the Additional Terms
10. Disclaimer Of Responsibility For Third Party Content
Vitalwerks assumes no responsibility for the content of any material located on third party servers outside its control, including all servers accessed through the Service. Vitalwerks has no control over Web sites or other material hosted on such external servers. Vitalwerks retains the right, in its sole discretion, to terminate Services pursuant to Section 7 above if a Customer's conduct in hosting such content violates the TOS.
11. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICES IS ENTIRELY AT CUSTOMER'S OWN RISK. No-IP'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE No-IP SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. No-IP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT No-IP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER No-IP NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OR ACCESSED THROUGH THE SERVICES. CUSTOMER AGREES THAT No-IP WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER No-IP OR VITALWERKS HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. Fees, Payment And Billing Cycle
As consideration for the Services you have selected, you agree to pay Vitalwerks the applicable Service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. Vitalwerks may take all remedies available to collect fees owed. Unless otherwise specified, each Service will be charged on a yearly basis on the calendar day corresponding to the commencement of the paying portion of your Service until your Service is cancelled. No-IP will automatically bill and charge for any service that is active and not canceled as of the end of the current billing cycle, and will take payment from the Payment Method You have on file with No-IP, at No-IP's current price for the service. We may authorize your Payment Method in anticipation of service-related charges. In some instances, your available balance or credit limit may be reduced to reflect the authorization. Additionally If a payment method is not on file, notifications will be sent via email to the email address on file prior to your next billing date. If for any reason No-IP is not able to take the payment from the Payment Method You have on file, and You fail to pay the amount due on the invoice for the service, Your service will expire. Notices of expiration will be sent via email to the email address on file on the day of expiration. Additionally, past due notices are sent via email 1, 3 and 30 days after the expiration date. It is Your responsibility to keep current Your Payment Method information, which includes the expiration date if You are using a credit card.
Vitalwerks may participate in recurring billing and/or updater services offered by your credit card provider. If we are unable to successfully collect payment from the existing payment method on file, your credit card provider may notify us of updates to your credit card number and/or expiration date. In some cases, your credit card provider may automatically charge your new credit card on our behalf without notifying use. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, we will automatically update your payment profile on your behalf. We make no guarantees that we will request or receive updated credit card information. It is your sole responsibility to modify and maintain your account settings, including but not limited to (i) cancelling products and (ii) ensuring your associated payment method(s) are current and valid. Failure to do so may result in the interruption or loss of services, and we shall not be liable to you or any third party regarding the same.
Modifications to your service can be made at any time during your term. Upgrade charges will be pro-rated based on the number of days remaining on your current term. Upgrades will take effect upon successful payment.
13. Customer Domain Modifications
Customer understands that the domain for which a particular Service is purchased may be substituted only once during the term for which the particular Service fee has been paid, and that any additional substitutions will result in a fee being charged. Customer also understands that there is no domain substitution in the case of domain name registration Service. No-IP reserves the right to seek remedy in the event of fraudulent payment, chargeback or otherwise uncollectible fees, including, but not limited to, suspending all Services rendered on said domain name or commencing litigation.
Additional Terms Applicable to Resale of Services
14. Ability to Resell
You may not resell any Services to any individual or entity for use or further resale without the written permission of Vitalwerks. Each individual or entity to which you resell Services is referred to as a "Resold Customer." The Additional Terms Applicable to Resale of Services shall apply to all resales of Services, whether or not approved in writing by No-IP. In these additional terms, you may also be referred to as "Reseller."
15. Reseller WarranteesReseller represents and warrants that
(a) It is licensed and at all times it is reselling Services will continue to be licensed to resell the Services in each jurisdiction where it resells Services and where such licensing is necessary.
(b) It is paying and at all times it is reselling Services will continue to pay in each jurisdiction where it resells Services all applicable federal, state and local taxes arising out of its activities under this contract, and any other taxes or business license fees as required.
(c) It is authorized by each Resold Customer to purchase Services for and to provide information to NO-IP on behalf of Such Resold Customer.
(e) It has provided complete and accurate identification and payment information to No-IP and at all times it is reselling Services will continue to ensure the completeness and accuracy of such information.
16. Our Relationship
No-IP and Reseller are independent contractors. Nothing in this TOS or in the course of its performance will create any other relationship, including but not limited to those of principal and agent, employer and employee, partners or joint venturers. Neither party will represent to any third party that it is the partner, agent or employee of the other.
17. Additional Indemnification By Reseller
In addition to the indemnification provided for in Section 6 above, you agree to indemnify and hold No-IP harmless from any claims and expenses ( including reasonable attorney's fees and court costs), whether brought by you, a Resold Customer or any other third party, related to or arising from your resale of any Services (including any dispute under Section 19 below), your breach of any of the terms of this TOS or any agreement between you and such third party, any data security breach or privacy violation, or the ownership or control of any software, content or data placed or maintained by a Resold Customer or any authorized end user of a Resold Customer on a server accessible through a Service.
18. Customer Service
The customer Service offered by No-IP is provided only to you and your employees, and No-IP has no obligation to, and will not, make it available to Resold Customers
19. Rights of Domain Owners
Consistent with its obligations as an ICANN domain registrar, Vitalwerks recognizes the right of a domain owner to control all facets of the operation of its own domain. Our policy is that content transmitted to or from a domain or stored under a domain is the sole and exclusive property of the domain owner, even if that owner is a Resold Customer or the authorized user of a Resold Customer. You acknowledge that in the event of a dispute between you and a domain owner using Services resold by you, Vitalwerks will recognize the right of the domain owner to control the domain, including the data (including emails) and infrastructure Services associated with the domain, notwithstanding any claims to the contrary based on contracts between the domain owner and either you or a third party.