By accessing and using the web site located at ultradnshealthcheck.com (the "Site") you ("You") accept the terms and conditions of use set forth below and agree as set forth herein (“Agreement”).
Security Services LLC d/b/a Neustar Security Services ("Neustar") grants you the non-exclusive, revocable right to use the services available through the Site (the "Services") and the information obtained through the Site (the "Information") solely to assist You in performing analysis related to DNS settings to which You have the legal right and for no other purpose. You may only access the Site directly via a single Web browser and not via bulk or automated mechanisms.
Neustar may terminate this Agreement at any time without notice to You. In the event of termination of this Agreement, Your access to the Services will end and Neustar will not be responsible in any fashion for your access to alternative services.
Neustar reserves the right to change the terms and conditions set forth herein, effective immediately upon posting such revised terms and conditions on the Site.
Neustar reserves the right to change the Services at any time without notice to You.
You assume all responsibility for use of the Site and Services. You waive all claims against Neustar, its officers, directors, employees, suppliers, and programmers that may arise from the use of the Site, the Services and the Information.
You represent and warrant that You have all right, title and interest to use any of the data You provide to Neustar to perform the Services (the "Data"). You represent and warrant that You will not use, or allow use of, the Services in a manner that: (a) is prohibited by any law or regulation or the acceptable use policy set forth herein; or (b) will disrupt third parties' use of the Services.
NEITHER NEUSTAR NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE, THE SERVICES OR THE INFORMATION. NEUSTAR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL NEUSTAR NOR ANYONE ELSE INVOLVED IN CREATING, SUPPORTING, PRODUCING, OR DELIVERING THE SITE, THE SERVICES OR THE INFORMATION (INCLUDING WITHOUT LIMITATION SUSPENDING OR DISCONTINUING THE SERVICES) BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, WHICH ARE RELATED TO THIS AGREEMENT AND THE PROVISION OF SERVICES HEREUNDER, EVEN IF NEUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEUSTAR'S TOTAL CUMULATIVE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO NEUSTAR FOR USE OF THE SERVICES OR (II) ONE DOLLAR ($1.00).
You shall use the Services for lawful purposes only. You shall not to use the Services for any malicious purpose or in such a manner that, directly or indirectly, produces a negative effect on Neustar or its systems or network (including, without limitation, overloading servers on the network or causing portions of the network to be blocked) or the systems or networks of any third party. In addition to its right to suspend and/or terminate the Service in accordance with this Section, Neustar reserves the right to notify the appropriate law-enforcement agencies of such abuse.
You agree to provide complete, accurate, and current information as requested by Neustar in order to provide the Services.
You agree that Neustar may contact You with information that it deems of possible interest to You. These notices and announcements may include, but are not limited to, commercial emails and direct mailings concerning service changes, service/product upgrades, new services/products, or other relevant information.
You will defend at your own expense any action brought against Neustar, its directors, officers, or employees by a third party to the extent that the action is based on a claim, suit, or proceeding ("Claim") that arises out of Your use of the Services, without limitation, any Claim (a) that the Data infringe or misappropriate any intellectual property rights of a third party; (b) that arises out of Your breach of this Agreement. You will pay those costs and damages (including, but not limited to, reasonable attorneys' fees) awarded against Neustar by a court of competent jurisdiction in any such action that are specifically attributable to such Claim, or those costs and damages agreed to in a monetary settlement of such action; provided, however, that Neustar provides You with prompt written notice of the Claim, sole control of the defense and settlement of that Claim, and Neustar provides You reasonable assistance regarding such Claim at your reasonable expense. You may not enter into any settlement or compromise of any such claim without Neustar's prior written consent if such settlement or compromise would create obligations on Neustar or adversely affect Neustar's exercise of any of its rights under this Agreement, which consent shall not be unreasonably withheld. In addition, Neustar will have the right to participate in the investigation, defense and settlement negotiations of any such Claim with separate counsel chosen and paid for by Neustar.
In no event will Neustar be liable for any unauthorized use or misuse of Your account number or password.
This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any dispute arising hereunder shall exclusively be resolved and/or litigated in the state or federal courts of Fairfax County, Virginia and each party consents to the jurisdiction thereof.
Provision of the Services is exclusive of any applicable federal, state or local use, excise, value-added, gross receipts, sales and privilege taxes, duties, fees, universal service assessments or similar liabilities (other than general income or property taxes imposed on Neustar). Any taxes or similar liabilities, however denominated, that may now or hereafter be levied on the Services provided, chargeable to or against You by any applicable government authority, shall be passed through to and payable by You.
All images, text, programs, and other materials found in the Site are protected by the United States copyright laws. Any commercial use of the images, text, programs or other materials found in the Site is strictly prohibited without the express written consent of Neustar. The trademarks, service marks and logos identifying Neustar's products and services are the trademarks and/or service marks of Neustar. All other trademarks and service marks are the property of their respective owners.
Any notices to Neustar sent under this Agreement should be sent to:
Security Services, LLC 45980 Center Oak Plaza Sterling, VA 20166 Attn: General Counsel
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be modified or eliminated to the minimum extent necessary and the remainder of the provision, as well as the other provisions will continue in full force and effect. Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Section 13 shall survive the expiration or termination of this Agreement. This Agreement represents the entire agreement between Neustar and You with respect to its subject matter, and there are no other representations, understandings, or agreements between Neustar and You relative to such subject matter. Neither this Agreement nor any amendment thereto, or change, waiver or discharge of, any provision of this Agreement shall be valid against Neustar unless in writing and signed by You and an authorized representative of Neustar.