Terms of Service
Welcome to Alternate DNS services, owned and operated by Alternate DNS, Inc. (hereinafter “Alternate DNS”, “we”, “our” or “us”). Alternate DNS is a global provider of Domain Name System (DNS) services available through Alternate-DNS.com (“Website”), enabling the world to connect to the Internet with confidence on any device, anywhere, any time. Alternate DNS provides businesses, schools and households with a safer, faster and more intelligent Internet experience by blocking intrusive advertisements. Alternate DNS offers both free services and fee-based services. More information on these unique offerings can be found on the Website at http://alternate-dns.com
1. Acceptance of Terms.
Your use and/or purchase of any Alternate DNS service (“Service”), whether fee-based or offered for free on our Website, is subject to these Terms of Service (“Terms of Service”). Please read these Terms of Service carefully before accessing or using the Services. If you are an individual accepting these Terms of Service on behalf of an entity Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind your employer, please do not use the Services. From time to time, Alternate DNS may update the functionality and user interface of the Services, add new features to the Service, change the access configuration for the Services or update the related software. In such event, these Terms of Service shall also apply to any upgrades or updates subsequently provided by Alternate DNS for the Services or related software. If you do not accept and agree to be bound by these Terms of Service, you are not authorized to access or otherwise use the Services.
2. Modification of Terms of Service.
These Terms of Service may be changed, modified, supplemented or updated by Alternate DNS from time to time. Any updates to the Terms of Service will be in effect for any new or renewal Service orders for purchased Services placed after the effective date of such updated Terms of Service. If Alternate DNS makes a material change to these Terms or Service that will affect an existing Service subscription, Alternate DNS may notify you by sending an email at least thirty (30) days in advance of such change or posting a notice on your account administration page. If the change has a material adverse impact on you and you do not agree to the change, you must so notify Alternate DNS via support@alternate-dns.com within thirty days after receiving notice of the change. If you notify Alternate DNS as required, then you will remain governed by the Terms of Service in effect immediately prior to the change until the end of your current subscription term for the affected Service. If the affected purchased Service is renewed, it will be renewed under Alternate DNS's then current Terms of Service. For free Services, you will be bound by any changed, modified, supplemented or updated Terms of Service if you choose to continue to use such free Services after such changes to the Terms of Service are posted.
3. Account Management/Passwords.
To purchase, use or access certain Services, you must have a valid Alternate DNS account. You will be prompted by our Website or contacted by email to either create an account or to login using your account credentials for such Services. If you have been given the option to open an account within the Services that will provide you with access to password protected portions of the Services and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify Alternate DNS upon learning of any unauthorized use of your account or any other breach of security.
4. Fee-Based Services.
a. Types of Services. Alternate DNS offers some Services (e.g., Alternate DNS - Family Premium) for purchase through the on-line store on its Website (“Online Store”). If you want to learn more about purchasing Family Premium Services through an Order Form, please contact us by email at support@alternate-dns.com.
b. License Grant. If you purchased a Service, Alternate DNS grants to you, and you accept, the non-assignable, nontransferable, non-sublicensable, and nonexclusive right to access and use the applicable Service only as authorized in these Terms of Service and related documentation as described on the Website for the duration of the subscription term and for the number of seats or access points purchased through the on-line store or as described on the applicable Order Form. For the avoidance of doubt, seats means the total number of Internet connected users that may have access to the Service. Access points are single nodes on a computer network actively broadcasting wireless network information and providing wireless network connectivity to end-user devices. Additional rights and restrictions may apply to Services ordered via an Order Form, and in such cases, the terms of the Order Form and/or supporting agreements will govern where conflicts exist between these Terms of Service and the Order Form or supporting agreements.
c. License Grant for Installed Software. If the Service you purchase or enroll in includes downloading any related software that is required to be installed on your systems, including but not limited to client software or a virtual appliance (collectively “Software”), then subject to these Terms of Service, Alternate DNS grants you a limited, non-transferable, non-exclusive right to install and use the object code version of the Software in conjunction with the Services solely for your internal use. Customer acknowledges that all right, title and interest in the Software, including but not limited to copyrights, patents, trade secrets, and other proprietary rights, shall remain with Alternate DNS and its licensors, except for the limited rights granted to Customer herein. Customer shall not remove any proprietary notices or labels from the Software.
d. Renewal Terms. Your subscription to the applicable Service will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate the subscription at least sixty (60) days prior to the next renewal period, unless otherwise agreed upon by you and Alternate DNS as expressly reflected in an applicable Order Form. For Online Store purchases, you must provide Alternate DNS written notice in accordance with Section 5.c below. For subscriptions purchased through a reseller, your subscription and obligation to pay Alternate DNS through your reseller shall automatically renew unless you notify both Alternate DNS and the reseller at least sixty (60) days prior to the expiration of your current subscription period.
5. Online Store Purchases.
a. Payment Terms. Online Store purchases do not include those purchases that are made through and subject to an Alternate DNS Order Form. If you purchase Services through the Online Store: You expressly agree that Alternate DNS is permitted to invoice and charge your credit card or accepted payment account the applicable fees, any applicable taxes and any other charges that you may incur with Alternate DNS in connection with your use of the Services and that such fees, taxes and related charges will be billed to the credit card or accepted payment account that you provide at the time a fee or charge is due and payable.
i. You agree to allow Alternate DNS, or our payment affiliates or services providers, to process/or store your payment information.
ii. If payment is not received or cannot be charged to your credit card or accepted payment account for any reason in advance of the applicable subscription period, Alternate DNS reserves the right to either suspend or terminate your access to the Service, and at Alternate DNS's sole discretion, terminate these Terms of Service.
iii. All fees are payable in U.S. Dollars and are based on Services purchased and not on actual usage. All fees are non-refundable.
iv. The prices do not include any taxes and you shall pay any applicable sales use, excise, withholding or other taxes applicable to sale or furnishing of the Services or related Software. If sales tax is applicable, we will either (i) collect and remit such tax to the relevant State authority or (ii) you are responsible for paying this tax directly to the relevant authority.
b. Renewal Terms.
You acknowledge and agree that Alternate DNS will charge your credit card or accepted payment account on record with Alternate DNS for the then-current subscription period upon the commencement of any renewal period.
c. Your Option to Terminate.
For Online Store purchases only, you may terminate your subscription to the Services at any time and if you terminate at least thirty (30) days prior to the next renewal period you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees that you have paid in advance will not be refunded. For clarity purposes, purchases made through an Alternate DNS Order Form are not subject to this Section 5.
6. Service Termination and Suspension.
a. Termination. Alternate DNS may terminate access to all or any part of the Services and terminate these Terms of Service, in the event you commit a material breach of any provision of these Terms of Service which is not cured within thirty (30) days of written notice from Alternate DNS.
b. Suspension. Alternate DNS reserves the right to suspend Services as it may deem appropriate in response to actual or suspected violations of these Terms of Service if Alternate DNS reasonably concludes that your Service is being used to engage in illegal activity, used outside the scope of the license (e.g. used on more than the number of seats purchased) or causing immediate, material and ongoing harm to Alternate DNS or others. You agree that Alternate DNS shall not be liable to you nor to any third party for any suspension of the Service under such circumstances as described in this Section 6.b.
c. Non-Payment by Reseller. In the event you purchase Services through an authorized reseller and such reseller fails to pay Alternate DNS for such Services, then Alternate DNS may suspend or terminate your access to all or any part of the Services upon written notice, until payment is received by Alternate DNS, regardless of whether you have paid such reseller.
d. Survival. Sections 1 and 8 through 16 shall survive any termination of these Terms of Service.
7. Free Services.
Subject to the these Terms of Service, Alternate DNS grants to you, and you accept, the non-assignable, nontransferable, non-sublicensable, and nonexclusive right to access and use any of the Services made available for free on its Website in accordance with the related documentation on the Website. You may terminate free Services by simply discontinuing your use of such Services and/or requesting that Alternate DNS terminate your account if you have created an Alternate DNS account. Alternate DNS may terminate your access to all or any part of the free Services at any time, with or without cause and with or without notice.
8. Ownership.
Unless expressly authorized in a separate written agreement between you and Alternate DNS, the grant to access and use any of the Services and Software herein, whether purchased for a fee or free, does not include any right to resell the Services or Software, manage the Services on behalf of third parties, make other commercial use or distribution of the Services or Software or to make any derivative use of Services or Software , integrate the Services into another service, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Services or Software. Alternate DNS (or its licensors retain all right, title, and interest in the Services and Software, including any and all intellectual property rights. Alternate DNS (or its licensors) reserve all rights not expressly granted.
9. User Data.
The Software together with the Service may collect certain data and information about your use and, if you are an entity, your individual users' use of the Service (“User Data”). Any personally identifiable information contained in User Data provided to Alternate DNS will be treated as set forth in the Alternate DNS Privacy Policy available at http://alternate-dns.com/privacy.html. With the exception of any personally identifiable information you or your individual users submit, any information you transmit to Alternate DNS via the Services related to the functionality of the Services and Software, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Alternate DNS. Alternate DNS also owns all data generated by the Services and Software, and any statistical information related to the usage, traffic patterns and behavior of the users of the Services (“Statistical Data”) (so long as such Statistical Data will not include personally identifying User Data).
10. Prohibited Use.
You will not: (i) use the Services or Software for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Software (except to the limited extent applicable laws specifically prohibit such restriction); (iii) bypass any measures Alternate DNS may use to prevent or restrict access to the Services or Software or otherwise interfere with any other party's use and enjoyment of the Services; (iv) use your account or the Services or Software to infringe any intellectual property or other right of any other third party. Alternate DNS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Subject to our Privacy Policy, Alternate DNS reserves the right at all times to disclose any information as Alternate DNS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Alternate DNS's sole discretion.
11. Warranty Disclaimer.
Content and other information contained within the Services and Software has been prepared by Alternate DNS as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Alternate DNS has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of such content or other information contained in or linked to the Services or Software. Users relying on such content or other information from the Services and Software do so at their own risk. YOUR USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. ALL SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND ALTERNATE DNS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED , INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. ALTERNATE DNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES OR SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED.
12. Limitation of Liability.
IN NO EVENT SHALL ALTERNATE DNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR SOFTWARE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL ALTERNATE DNS' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF SERVICE, THE SERVICE AND THE SOFTWARE EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO ALTERNATE DNS IN THE PRECEDING TWELVE (12) MONTHS OR (II) THE AMOUNT OF FIFTY DOLLARS ($50.00). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
13. Indemnification.
You agree to defend, indemnify and hold harmless Alternate DNS, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to (i) your unauthorized or unlawful use of the Services or Software, (ii) your breach of these Terms of Service as stated herein or (iii) the infringement by you or any third party using your account, of any intellectual property or other right of any third party. Alternate DNS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will assist and cooperate with Alternate DNS in asserting any available defenses.
14. Force Majeure.
Alternate DNS shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
15. Notices.
Any notices to you from Alternate DNS regarding the Services or these Terms of Service will be posted on the Website or made by e-mail or regular mail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Alternate DNS account, which you may not be able to opt-out from receiving them unless you terminate your account. Any notice or communication that you desire or are required to send Alternate DNS under these Terms of Service should be sent to Alternate DNS through one of the means listed in the Contacting Us section below.
16. Entire Agreement.
These Terms of Service together with your Order Form (if any) constitute the entire agreement between Alternate DNS and you in connection with your use of the Services and supersedes any prior agreements between Alternate DNS and you regarding use of the Services and Software, including prior versions of these Terms of Service. Any different or additional terms of any related quote, purchase order, confirmation, or similar order form provided to Alternate DNS is hereby rejected and shall have no force or effect. If you have entered into a separate Master Services Agreement or other written agreement with Alternate DNS for Services, the terms in such Master Services Agreement will control your use of the Services and Software.
17. Governing Law; Jurisdiction; Venue; Severability of Provisions; Disputes.
These Terms of Service are governed by the laws of the State of Delaware, USA and the federal U.S. laws applicable therein, excluding its choice of law provisions. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if we cannot enforce a portion of these Terms of Service as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. You agree that the Uniform Computer Information Technology Act (UCITA) and the United National Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service. You shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Services and Software and obtain any permits, licenses and authorizations required for such compliance.
18. Contacting Us.
If you have any questions or concerns about these Terms of Service, please contact us at support@alternate-dns.com or using the contact us form found here. We will attempt to respond to your questions or concerns promptly after we receive them.
These Terms of Service were last updated and posted on June 24, 2016