This agreement (“Agreement”) is between Dynadot Inc, a Californian general stock corporation, acting through its DynaGuide division (“DynaGuide”), and you (“You”). WHEREAS, DynaGuide provides services related to the domain name industry and to the internet (“Services”) and manages this website and DynaGuide’s downloadable application (“App”), and You wish to review this website and/or App and/or utilize the Services. NOW THEREFORE, in consideration of the terms and conditions set out herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows.
1 ACCEPTANCE OF AGREEMENT
1.1 You agree to the terms and conditions outlined in this Agreement, including to the terms and conditions enumerated in the following parts, appendices and exhibits attached to and incorporated by reference to this agreement (each a “Part”): a)Service Agreement b)Privacy Policy
1.2 This Agreement constitutes the entire and only agreement between DynaGuide and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject-matter of this Agreement.
1.3 You agree to review this Agreement prior to reviewing any information on this website or App, obtaining any documents from this website or App or interacting with this website or App.
1.4 This Agreement may be amended by DynaGuide from time to time without specific advance notice to You. The latest Agreement will be posted on this website, and you should review the Agreement prior to using this website or App.
2 ACCEPTABLE USE & CONTENT
2.1 The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this website and App are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such content or any part of this website or App is strictly prohibited. You do not acquire ownership rights to any content or document obtained through this website or App. The posting of information or materials on this website and App does not constitute a waiver of any right in such information and materials.
2.2 You shall not republish, distribute, assign, sublicense, sell or prepare derivative of any content, form or document provided on this website or App. Unless otherwise stated herein, no part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.
2.3 This website and App contain links to other websites. DynaGuide is not responsible for the content, accuracy, or opinions expressed in such other websites, and such other websites are not investigated, monitored or checked for accuracy or completeness by DynaGuide. Inclusion of any linked website does not imply approval or endorsement of the linked website by DynaGuide. If You decide to leave this website or App and access a third-party website, You do so at Your own risk.
3 GENERAL
3.1 DynaGuide reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on this website or App.
3.2 You agree to indemnify, defend and hold harmless DynaGuide and its partners, attorneys, directors, employees, agents, staff and affiliates from any liability, loss, claim and expense, including reasonable attorney fees, related to Your violation of this Agreement, use of this website, use of the App and acceptance of the Services.
3.3 Your right to use this website and App is not transferable and any password or right given to You to obtain access is not transferable.
3.4 The Services, the App and this website, including but not limited to information, forms and agreements within, are provided "as is", "as available" and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). This website, the App and the Services may contain bugs, errors, problems or other limitations. DynaGuide shall not be liable whatsoever for Your use of the website, the App or any Service. In particular, but not as a limitation thereof, DynaGuide shall not be liable for any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between DynaGuide and You. This website, the App and the Services would not be provided without such limitations. You understand and agree that DynaGuide disclaims any loss or liability resulting from: (1) access delays or access interruptions to our web site or any Service; (2) data non-delivery or data mis-delivery; (3) acts of God; (4) the unauthorized use or misuse of any of the Services; (5) the inadvertent disclosure or theft of Your personal information; (6) errors, omissions, or misstatements in any and all information provided by DynaGuide; (7) the deletion of, failure to store, or failure to process or act upon email messages, other mail and other means of communication; (8) the interruption of any Service; (9) service performance (throughput speed) levels; and, (10) any losses or damages related to any cancellation, discontinuation, expiration, or termination of any Service.
3.5 Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. This website and the App are provided and each form, agreement and document is provided with the understanding and agreement that DynaGuide is not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve Your intended results.
3.6 This Agreement shall be treated as though it were executed and performed in the State of California, San Mateo County, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement, with anyone’s use of this website or App or with anyone’s use of the Services shall be brought solely either in the United States District Court for the Northern District of California or in the Superior Court of California, San Mateo County. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of this Agreement.
3.7 You agree to waive Your rights to a trial by jury (regardless of the source of that right) in any action against DynaGuide, including tort claims, arising from this Agreement. If DynaGuide prevails in any litigation against You then DynaGuide will receive from You all costs and reasonable, actual attorney fees incurred in that litigation.
3.8 Any cause of action related to anyone’s use of this website or App (and/or information, forms and agreements, thereon) or DynaGuide’s Services must be instituted within six months after the cause of action arose or be forever waived and barred.
3.9 Unless otherwise stated herein, nothing herein shall be deemed to create an agency, joint venture, amalgamation, partnership or similar relationship between any parties and no party shall assume any obligation or responsibility on behalf of another party.
3.10 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
3.11 This Agreement, along with all documents and information provided on this website and App, is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English version and a translated version, the English version will control and prevail.
3.12 Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
3.13 To the extent that anything in or associated with this website or App is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
3.14 Failure of DynaGuide to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
3.15 The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
1 DATA PROCESSING AND SECURITY
1.1 DynaGuide shall not process any personal data collected from You in a way incompatible with the purposes and other limitations about which DynaGuide has provided notice to You in accordance with the Privacy Policy.
2 APPLICATION PROGRAMMING INTERFACE
2.1 You shall not, and shall not permit any third party to: a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in DynaGuide’s application programming interface (“API”) or any portion thereof; b) distribute, transfer, grant sublicenses to, or otherwise make available the API (or any portion thereof, or any data derived out of its use) to third parties; c) embed or incorporate in any manner the API (or any element thereof, or any data derived out of its use) into other applications or third parties; d) create modifications to or derivative works of the API; e) reproduce the API; f) attempt or permit any third party to attempt to modify, alter, or circumvent the license control and protection mechanisms within the API; g) use or transmit the API in violation of any applicable law, rule or regulation, including any export/import laws; h) use or transmit the API in a manner that causes or contributes to, directly or indirectly, the degradation of the API service, this website or App or in a manner determined by DynaGuide, in its absolute and sole discretion, as abusive of the API service; or, i)) in any way access, use, or copy any portion of the API code (including the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the API.
2.2 DynaGuide shall retain all ownership rights in and to the API, its associated marks, functionality, documentation, deliverables, support services, updates, upgrades, other derivative works of the API and all intellectual property rights incorporated into or related to the foregoing. All rights not expressly licensed by DynaGuide under this Agreement are reserved.
Protecting our customers’ privacy and personal information is of paramount importance and fundamental to the way DynaGuide does business.
1 APPLICATION
1.1 This Part II (Privacy Policy) applies to any person who accepts services from DynaGuide, visits this website or App, or provides DynaGuide with personal information. The terms herein may change from time to time, so you should review them for changes periodically.
2 DATA PROTECTION OFFICER
2.1 For the purpose of this Part II (Privacy Policy), the contact information for DynaGuide’s data protection officer is: Data Protection Officer
3 IDENTIFYING PURPOSE
3.1 DynaGuide identifies the reasons for processing personal data before or at the time of collection. Unless required by law, DynaGuide does not use or disclose, for any new purpose, personal data that has been processed without first identifying and documenting the purpose and obtaining Your consent.
3.2 DynaGuide may process the following information about You (“Processed Information”): Google referral sources, page visits, IP address, domain searches and associated TLD rankings, single sign-on (Open ID), form submissions, referring page and referral landing page. If You use the App, Processed Information shall include partial geographic location information, ID of Your device, phone camera permissions and mobile phone photo gallery permissions. Processing may include automated methods and manual reviews of automated methods.
3.3 The purposes for processing Processed Information include, but are not limited to: troubleshooting errors, abuse detection, targeted marketing, localizing data, site and usage statistics, communication with You, provisioning of Services, provisioning of Services via the App, to train, build and improve the accuracy of automated processing methods, to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider, and to establish, assert, or defend our legal rights, and to avoid any actual or potential civil or criminal liability on our part and our affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders.
3.4 You understand and agree that the processing of Processed Information is required for the provisioning of Services.
4 ACCESS, RECTIFICATION & PROCESSING
4.1 You may request and obtain from DynaGuide’s data protection officer confirmation as to whether or not personal data concerning You is being processed by DynaGuide and, where that is the case, access to the personal data and the purposes of the processing.
4.2 You may request DynaGuide’s data protection officer to restrict the processing of or to rectify personal data concerning You. DynaGuide, in its absolute and sole discretion, may refrain from complying with any portion of such request where such compliance would undermine DynaGuide’s ability to establish, exercise or defend legal claims or conflict with DynaGuide’s reasonable grounds for processing which override Your interests, rights and freedoms.
4.3 Notwithstanding anything to the contrary herein, DynaGuide may refrain from complying with any requirements of this Section 4 (Access, Rectification & Processing) where DynaGuide is unable to reasonably determine Your identity.
4.4 DynaGuide may refrain from complying with any access request(s) under this Section 4 (Access, Rectification & Processing) until You pay DynaGuide’s fee(s) for same.
5 RIGHT TO ERASURE
5.1 DynaGuide shall maintain reasonable controls and practices for retention and erasure of personal data that is no longer necessary or relevant for the identified purposes or required by law to be retained.
5.2 You may request DynaGuide’s data protection officer to erase personal data concerning You. DynaGuide shall comply with such a request where the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
5.3 Notwithstanding anything to the contrary herein, DynaGuide may refrain from complying with any requirements of this Section 5 (Right to Erasure) where such compliance: a) undermines DynaGuide’s ability to establish, exercise or defend legal claims; b) conflicts with DynaGuide’s reasonable grounds for processing which override Your interests, rights and freedoms; c) undermines an individual’s right of freedom of expression and information; d) undermines archiving in the public interest, statistical purposes, or for scientific or historical research; or, e) undermines DynaGuide’s compliance with a legal obligation.
6 SAFEGUARDS
6.1 DynaGuide shall protect personal data against such risks as loss, misuse, unauthorized access or disclosure, alteration, or destruction through appropriate security measures. DynaGuide shall protect the information regardless of the format in which it is held.