visualDNS Terms of Service
This agreement ("Acceptable Use Policy", "Terms of Service", "AUP", "TOS") is written in by visualDNS ("us", "we","visualDNS") for the End-User ("you", "customer", "account holder").
1. Acceptance of this Agreement; Changes to this Agreement; Voluntary Termination
1.1 Acceptance of this Agreement; Registration for Services. By signing up for an account, (signified by creating an account) you have indicated your acceptance of these Terms of Service and are at least 13 years of age. You agree to use visualDNS for the service it was designed for and none other.
1.2 Changes to this Agreement. We reserve the right to change these terms at any time without prior notification. Such changes will be effective immediately unless posted otherwise. If such changes are not acceptable to you, immediately terminate your account and cease use of our services.
1.3 Voluntary Termination. You have the right to stop using our services and to have your account removed at any time so long as you are not in violation of our terms of service or have an account with a “hold” status.
2. Registration for visualDNS service.
2.1 Complete and Accurate Registration Information. It is your duty to provide us with complete and accurate information when registering. Failure to provide accurate or factual information could result in a loss of service and placement of your account on “hold” status.
2.2 License to use our services and Restrictions. You are licensed to use any feature of our service that your account allows. At no time are you permitted to attempt to alter or masquerade your account information in order to change your account permissions.
2.2.1 Unsolicited Commercial Email. It is never at any time permissible to send Unsolicited Commercial Email ('spam', 'UCE') using a domain for which DNS is served by us. Doing so would immediately put an account on “hold” status and would start an investigation by our security team. If it is found that UCE is originating from a domain for which we provide DNS our legal counsel will be contacted to commence a legal inquiry into the matter. To report any abuse of our services please email abuse@visualDNS.net with all possible information as well as contact information if you are a network or systems administrator.
2.3 Service Guarantees.While we at visualDNS will try to maintain one hundred percent uptime, it is possible we will have degradation of service and/or loss of uptime. We make no guarantee whatsoever as to our reliability or data integrity. Your password is never stored in plaintext on any of our servers and has had measures taken to insure it cannot be deciphered or garnered by other means.
2.3.1 Resource Abuse. If we find that any user is utilizing a certain amount of resources which we deem to be excessive we will contact that user and allow him or her to either begin paying us or we will recommend another DNS provider.
3. Termination of Service
3.1 Termination of Service.We reserve the right to terminate or “hold” service at anytime for any reason. Don't violate our terms of service and you will most likely never have an account terminated.
3.2 Compliance with authorities. In the event that we are asked by investigators of an international, federal, state or local level to turn over logs or information regarding an account within our service we will do so with a court order. We will also take a “no-stance” opinion in all domain disputes. Unless ordered by a court, we will not change any users data without consulting with the user first. This does not apply for support issues in which case we may make changes to a user's data.
4. Disclaimer of Warranties
4.1 Disclaimer of Warranties. We do not insure the integrity or legality of any of our account holders personal data. Personal data includes domain names, ip addresses, web sites, and all other personal data not contained on our servers. No advice or information given out by our staff constitutes a change in warranty or liability unless the change is directly related to our Terms of Service. Some jurisdictions do not allow the exclusion of certain warranties, in such cases some of the above exclusions may not apply to those persons.
4.1 Liabilities. visualDNS shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or domains moved or resulting from unauthorized access to or alteration of member's transmissions of data, including but not limited to, damages for loss of profits, use, data, or other intangible, even if visualDNS has been advised of the possibility of such damages.
4.2 Member Conduct. Member is solely responsible for the contents of his/her usage of Service. Member's use of the Service is subject to all applicable local, state, national, and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delegate domains; therefore, Member's conduct is subject to Internet regulations, policies, and procedures. Member will not use the Service for illegal software, junk pornography, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. visualDNS may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the AUP.
5.1 Notices to all users. visualDNS could send its own or third-party commercial email to its users.
5.2 Notice of violations. visualDNS will attempt to notify all account holders whose accounts are moved to “hold” status. While it is possible that an account will be placed on hold before the account holder is contacted, attempts will be tried to contact owner before an account is put on “hold.” Note, a response from the account holder is not required for us to place an account on hold nor are we required to alert an account holder of their account status.
5.3 visualDNS could use the client's logo or image for service success story showcases, which could be published on its own site or third parties ones.
X1. Privacy. visualDNS will not disclose any private account data regarding a user to third-parties unless required to do so by law or in the good faith belief that such action is neccesary to: a) Conform to the edicts of the law or comply with legal processes served on visualDNS, b) Protect and defend the rights or property of visualDNS, c) Act under exigent circumstances to protect the personal safety of its account holders or the public, or d) Administer the system to maintain performance for account holders.
X2. Sale of data to third-parties. visualDNS will never sell personal or aggregate usage data to third-parties or marketers. No account data will be shared with advertisers or any other sponsors of visualDNS.
X3. Aggregate data on site. From time to time visualDNS may choose to release some statistics in aggregate form on our own site. Statistics may include but are not limited to: total number of users, total number of domains served, total number of DNS records, total number of queries served.
visualDNS or the customer can cancel this service in his sole discretion without any prior notice.