1. ACCEPTANCE OF TERMS
DDNS.ma is an Internet-based Web site that offers DNS Hosting, dynamic DNS,
URL Redirection, email hosting, domain name registration, server monitoring, and
software utilities (each a "Service" and collectively "Services"). MarocData
Internet Solutions, LLC, doing business as DDNS.ma, (hereafter "DDNS.ma" or
"MarocData"), 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")are indicating your agreement
to be bound by all of the terms and conditions of the TOS.
2. USE OF CUSTOMER INFORMATION AND PRIVACY POLICY
No personally identifiable information that you provide to DDNS.ma or
information regarding the manner in which you use DDNS.ma will be disclosed by
No-IP except as permitted by this TOS. By becoming a subscriber, you agree that
DDNS.ma may share with other parties both aggregate information and limited
individual information gathered during your use of DDNS.ma. "Aggregate
information" is information that describes the habits, usage patterns and/or
demographics of customers as a group but does not indicate the identity of
particular customers. "Individual information" is information about a customer
presented in a form distinguishable from information relating to other customers
but not in a form that enables the recipient to identify any particular
customer. See our Privacy Policy for complete information on MarocData'
policies regarding customer information.
3. OWNERSHIP OF SITE CONTENT
MarocData and/or its suppliers wholly own all articles, illustrations,
programs, services, processes, designs, software, technologies, trademarks,
trade names, inventions, and materials comprising DDNS.ma.
4. ACCEPTABLE USE
Customer certifies that he or she is at least 18 years of age.
Customer is solely responsible for his/her 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 and
(2) Internet regulations, policies, and procedures.
Customer may use the Service for any lawful purpose so long as he or she 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 the No-IP Services, or (iii) otherwise use the Service in a manner
that violates this TOS. The terms of this TOS apply to any application or use of
the Services.
Customer to use the No-IP Free service for personal use.
Activities That Fall Within The Scope Of C(I), (Ii) Or (Iii) Above 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
unlawful or illegal activities of any kind
use of web redirects for distributed file sharing software and networks
pointing DDNS.ma hostnames to a public IRC network
pointing hostnames on DDNS.ma 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 No-IP Enhanced service for commercial use
search engine spamming
distributing or promoting adult material utilizing the No-IP Free or No-IP
Enhanced services
5. TERMINATION OF SERVICE
DDNS.ma may suspend or terminate your account or access rights to Services at
any time,without notice, for conduct that DDNS.ma reasonably believes violates
this TOS or any other applicable policies or guidelines that DDNS.ma has
posted on the DDNS.ma 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.
6. INDEMNIFICATION
Customer agrees to hold DDNS.ma 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 State of Nevada.
Any dispute arising from the terms of this TOS 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 DDNS.ma representatives and Customer. DDNS.ma may amend or modify
this TOS or impose new conditions at any time upon written notice from DDNS.ma
to Customer, either by email or by publication on the DDNS.ma 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 consent of DDNS.ma.
10. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT
MarocData assumes no responsibility for the content of any material located on
third party servers outside its control, including all servers accessed through
a Service. MarocData has no control over Web sites or other material hosted on
such external servers. MarocData 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 SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK.
DDNS.ma'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 DDNS.ma SOFTWARE LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY,
DDNS.ma DISCLAIMS ANY AND ALL WARRANTIES, 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 DDNS.ma 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 DDNS.ma 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 SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
CUSTOMER AGREES THAT VITALWERKS INTERNET SOLUTIONS, LLC 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 VITALWERKS
HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. FEES, PAYMENT AND TERM OF SERVICE.
As consideration for the Services you have selected, you agree to pay MarocData
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. MarocData may
take all remedies available to collect fees owed. Unless otherwise specified,
each MarocData Service is for a one-year term. Any renewal of your Services
with us is subject to our then current terms and conditions and payment of all
applicable service fees at the time of renewal.
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. DDNS.ma 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.