DNSCog is a free, non-downloadable, internet-accessed software based service that allows users to analyze the security, reliability and performance of the domain name system in relation to a particular domain name.
Last Modified March 25, 2009
All services (the .Services.) provided by Dynamic Network Services, Inc. (.Dyn Inc..) by and through www.dnscog.com (the .Website.) and or in connection with the DNSCog. brand are provided to you (the .You. or .Your.) under the terms and conditions set forth in this Terms of Service agreement (the .Agreement.). By Your use and continued use of Website and the Services, You agree to be bound by this Agreement.
Dyn Inc. may terminate the Service and/or take down the Website with or without cause at any time and may do so immediately and without notice.
Dyn Inc. reserves the right to change the terms and conditions of this Agreement as it deems necessary. Dyn Inc. expects You to actively ensure that You agree to then current terms of the Agreement prior to Your use or continued use of the Website and/or Services. A modification date will be posted on any and all copies of this Agreement. Please note that Your continued use of the Website and/or Services constitutes an acknowledgement by You understand that You are bound to follow the then current form of this Agreement.
Notwithstanding the below, You retain the right to recommend use of the Website and/or Service, under the "DNSCog" brand.
Your right to use the Website and Services is personal to You. You agree that You will not reproduce, duplicate, copy, sell, trade, or resell, whether by itself or in concert with one or more additional services: (a) any portion of the Website and/or Service; (b) use of the Website and/or Service; or (c) access to the Website and/or Service.
Additionally, You agree not to use the Website and/or Services in a way that: (a) separates the "DNSCog" trademark from the Website and/or Services (or any portion thereof); (b) obscures the connection between the "DNSCog" trademark and the Website and/or Services (or any portion thereof); or (c) otherwise rebrands the Website and/or Services (or any portion thereof) in any way.
You acknowledge that the .recommendations. provided on the Website (the .Content.) are protected by copyright laws. Therefore, You understand that You are only permitted to use said Content for your own personal use. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Dyn Inc.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND SERVICE ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYN INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DYN INC. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES DYN INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR SERVICE OR THAT DEFECTS IN THE SOFTWARE SUPPORTING THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUR FROM DYN INC. THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DYN INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM YOUR USE OF THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE DAMAGES, EVEN IF DYN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Dyn Inc., its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Your use of the Service and/or Website, Your violation of this Agreement, or Your infringement of any intellectual property or any other right of any person or entity.
This Agreement shall be construed in accordance with the laws of The State of New Hampshire, without regard to any conflict of law provisions. Any and all disputes arising under this Agreement shall be resolved exclusively by the state and federal courts of The State of New Hampshire and Dyn and You hereby submit to the jurisdiction of such courts.