Terms & Conditions
 

The agreement between the User and CommunityDNS "CDNS" (as operators of the Security-DNS.net service) contains the following terms and conditions. By completing and submitting an application to CDNS for processing by CDNS, the User agrees that he/she has read and agrees to be bound by these terms and conditions 1 through 19 below.

1     Definitions

"Registration Agreement" means any data field completed by the User in part or in its entirity for submission to and processing by Security-DNS.net server(s) and these Terms and Conditions for the use of Security-DNS.net's service;

"User" means (i) the person or organization seeking to use CDNS' services; (ii) the person or organisation that submits information to, or receives information from, the Security-DNS.net server(s) which may, or may not, be directly admininistered by CDNS; or (iii) the registered keeper of the e-mail address registered in the Security-DNS.net server(s); and shall where appropriate include the User's agent.

"CDNS" means the organisation and services provided by Community DNS limited including any subcontractors directly employed;

"Data Privacy Policy" means the Data Privacy Policy for Security-DNS.net services which can be found on the World Wide Web at http://www.Security-DNS.net/dataprivacy.html

"Account User Name" means the person or organisation responsible for a given account name registered in the system to whom all enquiries relating to the service may be sent;

"Registration" means all information supplied by the User and contained within a Security-DNS data record;

Subject to clause 11, once payment has been received the Registration Agreement shall be deemed accepted at the offices of CDNS.

2.1 If the User uses an agent for the payment of any fees, CDNS is not deemed to have received such fees unless a receipt is provided by CDNS or there is verifiable proof from an external party that funds have been transferred to CDNS bank account by either the User or the agent of the User.

2.2 The User agrees that if the Registration Agreement is entered into by an agent for the User, such as an ISP or Registrar/Agent, the User is nonetheless bound as a principal by all terms and conditions herein.

2.3 It is intended that low-volume usage of CDNS's service provided under the "Security-DNS.net" brand will be free from charge; however irrespective of whether consideration in financial terms passes from one party to another, consideration in terms of the requirement for a contract to exist shall be deemed exchanged by virtue of the customer requesting, using and therefore accepting the service delivered by CDNS to the User.

2.4 The acceptance of these terms and conditions by any agent for the User (whether by e-mail or other means) shall bind such agent as if he were a principal to the Registration Agreement and the agent by submitting the data confirms that he has notified the User of the Terms and Conditions under which service is provided.

The User, the User's agent (if applicable) and domain holder expressly grant their consent (i) for the Register of signed zone data (such as DS Records) to be made public by CDNS, and (ii). This information (if it refers to individuals or corporates) is 'personal data' for the purposes of Data Protection legislation or any legislation replacing or re-enacting the same. CDNS shall be permitted by the named User and or the User's Agent (who shall expressly obtain the consent of individuals whose personal data is to be held on the CDNS database and if such consent is withheld or withdrawn then the agent shall immediately remove the data held by Security-DNS.net) to allow other organisations and members of the public to access, though CDNS services, the data for the purpose of obtaining information about DS and or the registration of the Domain Name or any other related purpose. If such consent is withheld or withdrawn, CDNS has the right to immediately delete all data held in its system and associated with a given User - such User should not use the CDNS, Security-DNS.net service(s).

4.1 By submitting its data to the CDNS service, the User represents that all information provided to CDNS its application and subsequent modification is accurate. Any information (or any modification to registered information) found to be false constitutes a basis for the suspension or cancellation of CDNS service(s) to the User.

4.2 The User warrants that any future changes to this information required to maintain its accuracy will be provided to CDNS in an expeditious manner according to the data modification procedures in place at that time.

4.3 CDNS has no obligation to verify the accuracy of any information supplied by the User and may rely on the User's representations in this respect.

4.4 The User represents and warrants that (a) the statements made in its Registration are complete and accurate; (b) to its knowledge, the registration of data will not infringe upon or otherwise violate the rights of any third party; (c) User is not registering the domain name for an unlawful purpose; and (d) User will not knowingly use the CDNS system(s) in violation of any applicable laws or regulations. It is User's responsibility to determine whether a data supplied to CDNS infringes or violates someone else's rights.

4.5 The User represents and warrants that it has exercised its best efforts to determine that neither the registration nor the manner in which it or the results of the (signing) process delivered by CDNS will be directly or indirectly used shall infringe upon or otherwise violate the rights, including trade or service marks, of any third party.

4.6 CDNS's remedies against the User for any breach of this clause shall continue to be available notwithstanding any modification, surrender, cancellation or transfer of the registration or data resulting from processing by CDNS.

5.1 The User agrees that it is technically impracticable to provide services free of faults and CDNS does not undertake to do so.

5.2 1The User agrees that CDNS shall have no liability to the User for any loss

(i)in connection with CDNS's processing of any application for registration, processing or subsequent modification

(ii)in connection with CDNS's processing of any data held by or generated by CDNS

(iii)resulting from the refusal of CDNS to accept any application or data supplied by the User

(iv)as the result of any failure on the part of the User's agent to pay any fee(s) payable

(v)as a result of the implementation by CDNS of any order or decision referred to in a Dispute determination.

5.3 Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.

Such shall continue in effect after the termination of the Registration Agreement.

5.4 The User agrees that in no circumstances will CDNS be liable for any loss of profit loss of business or anticipated savings suffered by the User howsoever incurred.

5.5 The User agrees that CDNS will not be liable for any losses caused by loss of registration or loss of use of the User's domain name or for interruption of business or any indirect special incidental or consequential losses of any kind (including lost profits) whether in contract, tort (including negligence) or otherwise, save as provided in clauses 12.3.

Nothing contained within the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between CDNS and the User or between the User and any other person.

In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under applicable law or be so held by any applicable decision of a Court, such unenforceability or invalidity shall not render the Registration Agreement unenforceable or invalid as a whole. CDNS will use its best endeavours within one month of being notified that any such provision is unenforceable or invalid as aforesaid to substitute a valid and enforceable provision which achieves, to the extent possible, the original objectives and intent of CDNS as reflected in the original provision.

The User agrees that, by registration of data in CDNS's system(s), such registration does not confer immunity from objection to either the registration or use of the domain name by any party.

9.1 The User shall hold CDNS and any of its directors, officers, employees, sub-contractors and agents harmless from any claim by a third party arising out of or in connection with

(1)the registration or use of a domain name or

(2)the implementation by CDNS of any Court order or legal decision/determination.

Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination of the Registration Agreement.

9.2 CDNS recognizes that certain educational and government entities may not be able to provide indemnification. If the User is (i) a governmental or non-profit educational entity and (ii) not permitted by law or under its organisational documents to provide indemnification, the User must notify CDNS in writing before making use of CDNS's service, upon receiving appropriate proof of such restriction, CDNS will provide an alternative indemnification provision for such an User.

The User acknowledges that CDNS does not have the legal obligation to screen information submitted by the User to determine the accuracy of the information held by CDNS nor if the information may infringe upon the right(s) of a third party. It is the responsibility of the User to ensure that such information remains accurate.

11.1 CDNS, in its absolute discretion, reserves the right to refuse to process the data provided by any User. The User agrees that the submission of data to CDNS does not obligate CDNS to accept the data or any agreement. The User agrees that CDNS shall not be liable for loss or damages that may result from CDNS's refusal to accept any Registration Agreement. If the application is not accepted, CDNS will notify the User or the User's agent and return any payments received.

11.2 In the event of a breach by the User of any provision of the Registration Agreement, CDNS, in its discretion, shall have the right to cancel service delivery to the User, without any refund (where paymant has been received by CDNS) entitlements for the User and without prejudice to any other remedies to which CDNS may be entitled.

12.1 The User may terminate the Agreement by having the registered data deleted from the CDNS system(s).

12.2 Termination of the Agreement shall not determine rights and obligations between the parties which are of a continuing nature nor shall modification, surrender, cancellation or transfer data held by CDNS provided directly or indirectly by the User extinguish any rights which have accrued under the terms of this agreement.

12.3 If for reasons beyond the control of CDNS, including actions of any person or corporate or government body exercising (or claiming to exercise) any rights to take control of CDNS and or where CDNS is prevented from providing the service under this agreement.

12.4 CDNS shall not be liable to the User for any damages or consequential loss following the cancellation of the service under this Agreement where such cancellation results from actions of any person or corporate or government body exercising (or claiming to exercise) any rights to take control of CDNS.

CDNS does not accept any responsibility for the registration or use of any data or information generally held or generated by CDNS and in particular for any conflict with trade marks, registered or unregistered, or with any other intellectual property rights.

The User agrees that the Registration Agreement is the complete and exclusive agreement between the User and CDNS regarding the registration of the User's domain name. This Registration Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in the Registration Agreement including Articles 5.2 , 13, 15, and 16 of the Terms and Conditions, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorised representative of the User and CDNS.

The Registration Agreement may be assigned by CDNS. The User may assign the Registration Agreement and any data derived therefrom subject to any change made pursuant to clause 16 below, and transfer the registration of the Domain Name, by strict adherence to the procedure in force at the time of transfer. No other method of assignment is permitted.

CDNS may vary the terms of the Registration Agreement and may provide 3 months notice of any change to the Registration Agreement.

Save as otherwise provided in this Agreement, in this clause any notice to be given under the Registration Agreement shall only be deemed to be served if delivered by hand or sent by pre-paid first class post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered by hand, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the seventh day after posting.

Clause headings are for ease of reference and are not part of the Registration Agreement and accordingly shall not affect its interpretation.

The Registration Agreement shall be governed by English Law in every particular including information and interpretation and shall be deemed to have been made in England. Any legal action concerning the Registration Agreement shall be brought exclusively in the courts of England.