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 de MarocVentes.com
SARL , doing business as DDNS.ma, (hereafter "DDNS.ma" 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")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 DDNS.ma 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 Vitalwerks'
policies regarding customer information.
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 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 DDNS.ma 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 DDNS.ma 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 DDNS.ma's services reselling or attempting to resell DDNS.ma'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 DDNS.ma Users, whether intentional or inadvertent
causing or attempting to cause harm to another computer or network violating any
applicable law or regulation utilizing the DDNS.ma Free service under more than
one account utilizing the DDNS.ma Free or DDNS.ma Enhanced service for commercial
use search engine spamming distributing or promoting adult material utilizing the
DDNS.ma Free or DDNS.ma 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, DDNS.ma 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. DDNS.ma 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
Vitalwerks assumes no responsibility for the content of any material located on
third party servers outside its control, including all servers accessed through
a 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 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 THATMarocData
de MarocVentes.com SARL 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 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 Vitalwerks 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.