The following are the conditions for using all DNS-related and other services ("Services") provided by Algenta Technologies LLC ("Algenta") and available through dnsmax.com. Please read and understand these conditions before creating an account. By creating an account with dnsmax.com you agree to be bound by all these conditions without modification.
A "User" is defined as any individual who purchases and uses any services available through dnsmax.com.
The term of an account shall begin when a User provides payment for the account. If a user adds service features to the account, any additional fees associated with the new services become due when the services are added. Service renewal fees will become due at the end of the service's term, which is specified at the time of purchase, and is normally one year. If any amount is not paid when due the user will be notified and service may be suspended until payment is received.
Algenta will attempt to provide all services in accordance with industry standards. In the event of a service failure which renders the services unusable, except when the failure is caused by the user or by acts or conditions beyond Algenta's reasonable control, Algenta will lengthen the term of an account based on the extent of the failure. To receive this credit the user must contact Algenta upon discovery of the problems and request an adjustment within 5 days of the failure. In no event shall Algenta's liability exceed the most recent payment received by Algenta from the user. The user acknowledges that Algenta has made no warranty with respect to quality or availability of the service or that the service may not be interrupted or limited from time to time. THIS SERVICE IS PROVIDED BY THE SERVICE PROVIDER ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The user shall indemnify and hold Algenta and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) arising out of any breach by users of any of the representations, warrantees or agreements set forth in the this agreement or other material related to the Services.
Algenta may terminate the term and a User's right to use the Service at any time without cause by sending a notice to the User. A User's Service may be terminated immediately and without notice if any term in this agreement is breached. The User may terminate the Service by giving notice to Algenta and discontinuing use of the Service. No refund will be given if the Service is terminated, and under no circumstances will any termination of the Services result in a refund exceeding the unused portion of any fees paid to Algenta.
Algenta may modify these conditions of service or service prices and terms and may discontinue or change any aspect of the service without notice.
1. Resource Limitations
Users agree to use only the resources that are specified when the Service is established. Resource limitations may apply to the number of DNS records allowed to be created, the number of DNS queries answered per month, the minimum DNS time-to-live setting, available reports, and other more. Users may upgrade their Service to expand available resources.
2. No Spam
If our services are used by the User to generate any unsolicited communication where the receiver pays any portion of the cost of transmitting the communication, or if a hostname is advertised by such spam, service to the User will terminated.
3. Legal Use
If the Services are used for illegal purposes by the User, service to the User will be terminated.
1. The user agrees that Algenta may use the User's name and trademarks for promotional purposes, provided that such use accurately represents the relationship between Algenta and the User.
2. By creating an account on dnsmax.com, the User agrees the these conditions. These conditions represent the entire agreement between Algenta and the User, and supercede and previous written or oral agreements.
3. This agreement shall be governed by the laws of the State of Wisconsin.