MAZi DDNS Agreement

TERMS OF USE FOR MAZIDDNS WEBSITES AND SERVICES PROVIDED UNDER THE MAZIDDNS BRANDS PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT

Last Modified: January 2, 2017

THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) IS A BINDING AGREEMENT BETWEEN MAZI SECURITY SYSTEM GMBH (“MAZIDDNS”) AND YOU AS MAZIDDNS “CLIENT”. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” OR “CLIENT” SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT CONTINUE TO CREATE AN ACCOUNT AND/OR USE MAZIDDNS WEBSITES AND SERVICES. THIS AGREEMENT INCORPORATES BY REFERENCE ALL OTHER POLICIES REFERENCED HEREIN AND LISTED ON MAZIDDNS LEGAL NOTICES WEBPAGE (MAZIDDNS.COM/LEGAL/).

1. Acceptance by You.

a. Use of the Services. In order to use websites owned and operated by MAZiDDNS (“MAZiDDNS Websites”) and Services, You must first agree to the terms of this Agreement. You may not use the MAZiDDNS Websites or the Services if you do not accept the terms of this Agreement and the applicable Additional Policies. You can accept the terms of this Agreement and the Additional Policies by: (i) clicking to accept or agree to this Agreement, where this option is made available to you by MAZiDDNS in the user interface for any Service; or (ii) actually using the Services. In the case of the later, You understand and agree that MAZiDDNS will treat your use of the Services as acceptance of this Agreement and all applicable Additional Policies from this time forward.

b. Use Prohibited. You may not use the Services and may not accept the Terms if: (i) You are not old enough age to form a legal, binding contract with MAZiDDNS or (ii) You are a person barred from receiving the Services under the laws of the United States or any other country including the country in which You are resident or from which You use the Services.

c. Copy of Agreement. Before You accept the terms of this Agreement, You should print off or save a copy of this Agreement and any relevant Additional Policies for your records.

2. Access to Your Account.

a. Authorized User. “Authorized User” means You or all authorized employees, agents and representatives of Client that have been granted rights to access and use the Services on Your behalf.

b. Email OR User name Authentication Tool. You acknowledge and agree that the sole means by which MAZiDDNS will authenticate Your right to control Your account with MAZiDDNS is via the email address or username You keep on file with MAZiDDNS. You should appropriately protect safeguard any and all security credentials provided by You to MAZiDDNS or provided by MAZiDDNS to You. All actions taken using Your email address and/or username and/or password shall be deemed to be actions taken by You. Additionally, You agree to immediately notify MAZiDDNS of any unauthorized use of Your account or any other breach of security of which You become aware.

c. Contact Email Address Must Be Kept Up To Date. You agree to immediately notify MAZiDDNS of any change in Your email address.

3. Free Services. The Free Services include the DynDNS® dynamic DNS service and all other services that MAZiDDNS makes available to You free of charge on MAZiDDNS Websites.

4. Modifications to this Agreement.
 You agree that MAZiDDNS may modify this Agreement and the Additional Policies, at any time by posting a revised version of the document at issue on MAZiDDNS Websites.

a. Revisions Effective upon Posting. All revisions to this Agreement and the Additional Policies shall be effective immediately upon posting of such revisions to MAZiDDNS Websites. It is Your responsibility to check MAZiDDNS Website pages regularly for changes to this Agreement or the Additional Policies, as applicable. For Your convenience, a “last modified on” date will be set fourth near the top of this Agreement, and if possible, all Additional Policies.

b. Continued Use Constitutes Acceptance of Revised Terms. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or the Additional Policies, You agree to be bound by the revised Agreement and Additional Policies.

5. Term, Suspension and Termination.

a. Term. The term of this Agreement (the “Term”) will commence when You agree to the terms and
conditions of this Agreement, or any revisions hereto, by taking the actions referenced in Section 1. This Agreement will remain in effect until terminated by You or MAZiDDNS in accordance with this Section 5.

b. Suspension of Services. MAZiDDNS may suspend Your access to the Services, in whole or in part, for any reason and at any time without notice to You.

c. Termination.

i. Termination of Particular Services. If You fail to (a) take any action that You are required by MAZiDDNS policy to take in relation to any Free Service, MAZiDDNS shall immediately and without notice have the right to terminate Your ability to use the Free Service at issue.

d. Data Preservation.

i. In the event of a Suspension. In the event of a suspension by MAZiDDNS of Your access to any Service for any reason, during the period of suspension: MAZiDDNS will not take any action to intentionally erase any of Your data stored on the Services.

ii. In the Event of Termination of Particular Service or Agreement. In the event of Termination of a particular Service or of this Agreement under Section 5.c., MAZiDDNS shall have no obligation to continue to store any information or data that You provide or provided to MAZiDDNS or to permit You to retrieve the same.

e. Post-Termination Assistance. Following the Suspension or Termination of any Service or of this Agreement, MAZiDDNS may make available, on a paid or an unpaid basis, services that ease Your transition to another service provider. Your right to take advantage of any such services shall be conditioned upon Your acceptance of and compliance with the terms, conditions, and fees associated with the provision of such services by MAZiDDNS.

7. Confidentiality.

a. Use and Disclosure. You agree that You will not disclose any MAZiDDNS Confidential Information during the Term or at any time during the three (3) year period following the end of the Term. As used in this Agreement, “MAZiDDNS Confidential Information” shall mean all non-public information disclosed to You by MAZiDDNS, its affiliates, or its business partners or its or their respective agents, assigns or contractors that are designated as confidential or that by its nature or the circumstances surrounding its disclosure, should reasonably be understood to be confidential.

b. Excluded Information. Notwithstanding any other provision in this Agreement, You shall have no confidentiality obligation to MAZiDDNS under Section 7.a, with respect to any information provided or made available by MAZiDDNS hereunder, and MAZiDDNS shall not have any confidentiality or non-use obligation to You hereunder with respect to any information, software application, data or content provided or made available by You hereunder that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to the receiving party at the time of its receipt from the disclosing party; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by the receiving party.

8. Disclaimers; Limitations of Liability.

a. Disclaimers. THE SERVICES, MAZIDDNS PROPERTIES, THE MAZIDDNS MARKS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY MAZIDDNS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY. MAZIDDNS MAKES NO WARRANTIES HEREUNDER, AND MAZIDDNS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. MAZIDDNS DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITH OR IN CONNECTION WITH THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. MAZIDDNS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM MAZIDDNS OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

b. Links. MAZiDDNS Websites and/or the Services may contain links to websites that are not under MAZiDDNS control (“Third-Party Sites”). MAZiDDNS is not responsible for the contents or functionality of any Third-Party Sites or any website that can be accessed via links on any Third-Party Site. MAZiDDNS provide these links to You as a convenience and the inclusion of any such links does not constitute or imply MAZiDDNS endorsement or validation of any Third-Party Site.

d. Limitations of Liability. MAZIDDNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF MAZIDDNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PROGRAMS AND/OR YOUR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN ANY SUCH CASE, MAZIDDNS AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MAZIDDNS HEREUNDER FOR THE SERVICES. CLIENT ACKNOWLEDGES AND AGREES THAT THIS SECTION 8 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

9. Miscellaneous Provisions.

a. Notice.

i. To You. Except as otherwise set forth herein, notices made by MAZiDDNS to You under this Agreement that affect customers generally will be posted on the MAZiDDNS Website. Notices made by MAZiDDNS under this Agreement for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via the email address provided to MAZiDDNS in Your registration for the Services or in any updated email address You provide to MAZiDDNS in accordance with standard account information update procedures MAZiDDNS may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon MAZiDDNS sending of the email, whether or not You actually receive the email.

ii. To Us. For notices made by You to MAZiDDNS under this Agreement and for questions regarding this Agreement or the Additional Policies email info@mazisecurity.com and send a copy via first class mail to MAZi Security Systems GmbH, Ludwig-Jahn Str. 8, Tönisvorst, 47918 Germany.

b. Language. You agree that the English language version of this Agreement will govern Your relationship with MAZiDDNS and that all communications and notices to be made or given pursuant to this Agreement shall be in the English language.

c. Third-Party Activities. If You allow, authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, You shall be deemed to have taken the action Yourself.

d. Severability. If any provision, or portion thereof, of this Agreement or any of the Additional Policies are determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of the relevant agreement, and each provision, or portion thereof, is hereby declared to be separate, severable and distinct and the parties shall use their best efforts to agree upon a substitute provision that comports as closely as possible with the intent and effect of the stricken provision, failing which the court shall construe the relevant agreement to as closely as possible achieve the intention of the parties had the stricken provision remained.

e. Force Majeure. In the event either party is unable to carry out its material obligations under this Agreement by reason of “force majeure” (defined below) those obligations will be suspended during the continuance of the force majeure, provided the cause of the force majeure is remedied as quickly as practicable. The term “force majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of the Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment.

f. Successors and Assigns. This Agreement will be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns.

g. Relationship. The performance by MAZiDDNS of its duties and obligations under this Agreement and shall be that of an independent contractor, and nothing in this Agreement shall create or imply an agency relationship between MAZiDDNS and Client, nor will the Agreement be deemed to constitute a joint venture or partnership between the parties hereto.

h. Entire Agreement. This Agreement, together with the Additional Policies, constitute the complete and exclusive statement of all mutual understandings between You and MAZiDDNS with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.