Terms of Services
1. ACCEPTANCE OF TERMS
DOT.KURD.KR is an Internet-based Web site that offers DNS Hosting, dynamic DNS, URL Redirection, email hosting, domain name registration, server monitoring, and software utilities (each a "Service" and collectively "Services"). DOT.KURD.KR Inc., doing business as DOT.KURD.KR, (hereafter "DOT.KURD.KR" or "DOT.KURD.KR"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By clicking the "I accept" button, you ("Customer")are indicating your agreement to be bound by all of the terms and conditions of the TOS.
2. USE OF CUSTOMER INFORMATION AND PRIVACY POLICY
No personally identifiable information that you provide to DOT.KURD.KR or information regarding the manner in which you use DOT.KURD.KR will be disclosed by DOT.KURD.KR except as permitted by this TOS. By becoming a subscriber, you agree that DOT.KURD.KR may share with other parties both aggregate information and limited individual information gathered during your use of DOT.KURD.KR. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of customers as a group but does not indicate the identity of particular customers. "Individual information" is information about a customer presented in a form distinguishable from information relating to other customers but not in a form that enables the recipient to identify any particular customer. See our Privacy Policy for complete information on DOT.KURD.KR' policies regarding customer information.
3. OWNERSHIP OF SITE CONTENT
DOT.KURD.KR and/or its suppliers wholly own all articles, illustrations, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising DOT.KURD.KR.
4. ACCEPTABLE USE
Customer certifies that he or she is at least 18 years of age.
Customer is solely responsible for his/her usage of the Services. Each Customer is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Customer's use of the Services is subject to, and Customer agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) South Korea law regarding the transmission of technical data exported from the South Korea and (2) Internet regulations, policies, and procedures.
Customer may use the Service for any lawful purpose so long as he or she does not (i) abuse or fraudulently use the Service, (ii) use the Service in a manner that causes interference to or tampers with another subscriber's or authorized user's use of the DOT.KURD.KR Services, or (iii) otherwise use the Service in a manner that violates this TOS. The terms of this TOS apply to any application or use of the Services.
Customer to use the DOT.KURD.KR Free service for personal use.
Activities that fall within the scope of C(i), (ii) or (iii) above include, but are not limited to, the following:
transmitting Unsolicited Commercial Email (UCE)
transmitting bulk email
posting bulk Usenet articles
Denial of Service attacks of any kind
copyright infringement
failure to provide legitimate contact information
misrepresentation of DOT.KURD.KR's services
reselling or attempting to resell DOT.KURD.KR's services
unlawful or illegal activities of any kind
use of web redirects for distributed file sharing software and
networks
pointing DOT.KURD.KR hostnames to a public IRC network
pointing hostnames on DOT.KURD.KR owned domains to an IRC server
causing lossage or creating service degradation for other DOT.KURD.KR
Users, whether intentional or inadvertent
causing or attempting to cause harm to another computer or network
violating any applicable law or regulation
utilizing the DOT.KURD.KR Free service under more than one account
utilizing the DOT.KURD.KR Free or DOT.KURD.KR Enhanced service for commercial use
search engine spamming
distributing or promoting adult material utilizing the DOT.KURD.KR Free or DOT.KURD.KR Enhanced services
5. TERMINATION OF SERVICE
DOT.KURD.KR may suspend or terminate your account or access rights to Services at any time,without notice, for conduct that DOT.KURD.KR reasonably believes violates this TOS or any other applicable policies or guidelines that DOT.KURD.KR has posted on the DOT.KURD.KR Web site. In addition to restricting or terminating Customer's access to the Service, DOT.KURD.KR may remove any materials that we have reasonable grounds to believe are in violation of the copyright laws of the United States or may be otherwise illegal, may subject us to liability or that violate this TOS. DOT.KURD.KR may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.
6. INDEMNIFICATION
Customer agrees to hold DOT.KURD.KR harmless from any claims, whether brought by Customer or by a third party, and expenses, including reasonable attorney's fees and court costs, related to or arising from Customer's breach or violation of any of the terms of this TOS, or from any information, software or content placed by Customer on a server accessible through a Service.
7. CHOICE OF LAW
This TOS shall be construed and controlled by the laws of South Korea. Any dispute arising from the terms of this TOS or a breach of this TOS will be governed by the laws of South Korea without regard to the conflicts of laws provisions thereof, and shall be brought in a district or high or supreme court in South Korea. Customer agrees to submit to the personal jurisdiction of any of those courts.
8. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between DOT.KURD.KR representatives and Customer. DOT.KURD.KR may amend or modify this TOS or impose new conditions at any time upon written notice from DOT.KURD.KR to Customer, either by email or by publication on the DOT.KURD.KR Web site. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions
9. NO RESALE OF THIS SERVICE
Customer's right to use the Service is personal to Customer. Customer
agrees not to resell the Service without the express consent of DOT.KURD.KR.
10. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT
DOT.KURD.KR assumes no responsibility for the content of any material
located on third party servers outside its control, including all servers accessed through a Service. DOT.KURD.KR has no control over Web sites or other material hosted on such external servers. DOT.KURD.KR retains the right, in its sole discretion, to terminate Services pursuant to Section 7 above if a Customer's conduct in hosting such content violates the TOS.
11. LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN
RISK. DOT.KURD.KR'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT
LIMITATION THE DOT.KURD.KR SOFTWARE LICENSED TO THE CUSTOMER AND THE
RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, DOT.KURD.KR DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT DOT.KURD.KR IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH CUSTOMER.
NEITHER DOT.KURD.KR NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THE SERVICE. CUSTOMER AGREES THAT VITALWERKS INTERNET SOLUTIONS, LLC WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER'S DOMAIN NAME, OR
FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, AND REGARDLESS OF WHETHER VITALWERKS HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. FEES, PAYMENT AND TERM OF SERVICE.
As consideration for the Services you have selected, you agree to pay
DOT.KURD.KR the applicable service(s) fees set forth on our Web site at
the time of your selection. All fees are due immediately and are
non-refundable. DOT.KURD.KR may take all remedies available to collect
fees owed. Unless otherwise specified, each DOT.KURD.KR Service is for a
one-year term. Any renewal of your Services with us is subject to our
then current terms and conditions and payment of all applicable service
fees at the time of renewal.