SuperDDNS is an Internet-based Web site that offers DNS Hosting, dynamic DNS, URL Redirection, server monitoring and software utilities (each a "Service" and collectively "Services"). X12 Labs, doing business as SuperDDNS, (hereafter "SuperDDNS" or "X12 Labs"), provides the Services subject to the terms and conditions outlined 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.
X12 Labs and/or its suppliers wholly own all articles, graphics, programs, Services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising SuperDDNS.
SuperDDNS may suspend or terminate your account or access rights to Services at any time, without notice, for conduct that SuperDDNS reasonably believes violates this TOS or any other applicable policies or guidelines that SuperDDNS has posted on the SuperDDNS Web site. In addition to restricting or terminating Customer's access to the Service, SuperDDNS may remove any materials that we have reasonable grounds to believe violation the copyright laws of the United States or Canada or may be otherwise illegal, may subject us to liability or that violate this TOS. SuperDDNS may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.
Customer agrees to hold SuperDDNS 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.
This TOS shall be construed and controlled by the laws of Canada and the Province of British Columbia. Any dispute arising from Customer’s use of the Service or a breach of this TOS will be governed by the laws of British Columbia without regard to the conflicts of laws provisions thereof, and shall be brought in a state or federal court in British Columbia. Customer agrees to submit to the personal jurisdiction of any of those courts.
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 SuperDDNS representatives and Customer. SuperDDNS may amend or modify this TOS or impose new conditions at any time upon written notice from SuperDDNS to Customer, either by email or by publication on the SuperDDNS 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.
X12 Labs assumes no responsibility for the content of any material located on third party servers outside its control, including all servers accessed through the Service. X12 Labs has no control over Web sites or other material hosted on such external servers. X12 Labs 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.
CUSTOMER AGREES THAT USE OF THE SERVICES IS ENTIRELY AT CUSTOMER'S OWN RISK. SUPERDDNS'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 SUPERDDNS SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SUPERDDNS 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 SUPERDDNS 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 SUPERDDNS 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 SUPERDDNS 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 SUPERDDNS OR X12 Labs HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
As consideration for the Services you have selected, you agree to pay X12 Labs 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. X12 Labs may take all remedies available to collect fees owed. Unless otherwise specified, each X12 Labs 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.
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. SuperDDNS 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.
You may not resell any Services to any individual or entity for use or further resale without the written permission of X12 Labs. 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 SuperDDNS. In these additional terms, you may also be referred to as "Reseller."
Reseller represents and warrants that
SuperDDNS 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.
In addition to the indemnification provided for in Section 6 above, you agree to indemnify and hold SuperDDNS 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 enduser of a Resold Customer on a server accessible through a Service.
The customer Service offered by SuperDDNS is provided only to you and your employees, and SuperDDNS has no obligation to, and will not, make it available to Resold Customers