ChangeIP.com Terms of Service Agreement

Terms of Use / Acceptable Use Policy

ChangeIP.com provides Dynamic DNS services for everyone on the planet. You will find that our Dynamic DNS service offers more flexibility than other Dynamic DNS services.

Thank you for reading the Terms of Use. We, ChangeIP.com, have put in place these Terms of Use for everyone's protection. Before signing up for services from ChangeIP.com you must agree to these rules:

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

All services provided by ChangeIP.com ("http://www.ChangeIP.com/") are delivered to you ("User") under the rules set forth in these Terms of Use ("TOU") and any other policies set forth by ChangeIP.com. The TOU comprises the entire agreement between User and ChangeIP.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE SIGNUP PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE RULES OF THE TOU.

2. DESCRIPTION OF SERVICE

ChangeIP.com is providing Member with various DNS-based aliasing and hosting services. Member must (1) provide all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for Member's own access to the Internet and pay any fees related with such connection. Member agrees to provide and maintain certain current, complete, and accurate information about Member as prompted to do so by the Service. All information requested on sign-up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants ChangeIP.com the right to disclose certain Registration Data about Member and Service information where required to do so by any applicable law or legal process. If any information provided by Member is inaccurate, ChangeIP.com reserves the right to terminate Member's membership and rights to use the Service, with or without notification.

3. MODIFICATIONS TO ACCEPTABLE USE POLICY

ChangeIP.com reserves the right to change the terms and conditions of this AUP as necessary. ChangeIP.com expects Member to actively ensure that they agree to the current AUP, and a modification date will be posted on any and all copies. Member's continued use of the Service constitutes an acknowledgement of the AUP and its modifications by the Member and an agreement by the Member to abide and be bound by the AUP and its modifications.

4. MODIFICATIONS TO SERVICE

ChangeIP.com reserves the right to modify or discontinue the Service with or without notice to the Member. ChangeIP.com shall not be liable to Member or any third party should ChangeIP.com exercise its right to modify or discontinue the Service.

5. PRIVACY POLICY

All information contained within our systems may be available to the public. It is, however, ChangeIP.com' policy to respect the privacy of its Members. Therefore, in addition to the privacy of Registration Data as discussed in Section 2 above, ChangeIP.com will not monitor, edit, or disclose the contents of a Member's private communications or data unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal processes served on ChangeIP.com; (2) protect and defend the rights or property of ChangeIP.com; (3) act under exigent circumstances to protect the personal safety of its Members or the public, or (4) administer the system to maintain performance for Members. Member acknowledges and agrees that ChangeIP.com neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing, or offensive material contained therein, any infringement on third party intellectual property rights arising therefrom, or any crime facilitated thereby.

6. EXTRA DONATIONS

Any donations received by ChangeIP.com will be used to aid paying for the service being offered to the Internet Community. A Member who has donated may receive extra benefits free of charge, as specified elsewhere on the ChangeIP.com site. Any Member who makes an extra donation will still be bound by the terms of this AUP.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a Member of the Service, you shall receive a password and an account. You are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following the instructions put forth elsewhere on the web site; you may also set up a new account and close an old one at your convenience. Member agrees to immediately notify ChangeIP.com of any unauthorized use of Member's account or any other breach of security known to Member.

8. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ChangeIP.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ChangeIP.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ChangeIP.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ChangeIP.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR IN ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM ChangeIP.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

ChangeIP.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE, EVEN IF ChangeIP.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. NO RESALE OF THE SERVICE

Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service without the express consent of ChangeIP.com.

11. HOST CONTENT AND OTHER LIMITATIONS

ChangeIP.com assumes no responsibility for the content of any material located on the hosts provided from the Service. ChangeIP.com has no control over these websites or other material hosted on external hosts; however, ChangeIP.com retains the right, on ChangeIP.com' sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the AUP and may terminate Service if a Member's conduct is found to be inconsistent with the AUP.

12. MEMBER CONDUCT

Member is solely responsible for the contents of his/her usage of Service. Member's use of the Service is subject to all applicable local, state, national, and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the service; (2) not to use the Service for illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; and (4) to comply with all regulations, policies, and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delegate domains; therefore, Member's conduct is subject to Internet regulations, policies, and procedures. Member will not use the Service for illegal software, junk pornography, spamming, linkspamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. ChangeIP.com may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the AUP.

NOTE REGARDING BOTNETS: ChangeIP.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct the involved hostnames to a honeypot, sinkhole, loopback address, logging facility, or any other destination at our discretion.

13. INDEMNIFICATION

Member agrees to indemnify and hold ChangeIP.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this AUP by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

14. TERMINATION

Either Member or ChangeIP.com may terminate the Service with or without cause at any time and effective immediately. ChangeIP.com shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the ChangeIP.com AUP or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify ChangeIP.com of termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and ChangeIP.com will have no obligation thereafter to handle domains or hosts for the Member or any third party related to that Member. Account deletion facilities are available.

15. NOTICE

All notices to a party shall be in writing or e-mail. ChangeIP.com may broadcast notices or messages through the Service to inform Member of changes to the AUP, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. ChangeIP.com assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion.

17. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to Member by the Service ("Content") by ChangeIP.com or ChangeIP.com' Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

18. GOVERNING JURISDICTION OF THE COURTS OF CALIFORNIA

Insofar as this contract defines California jurisdiction, both parties to the contract refer to the courts of California, having the ultimate jurisdiction over the matters in question; this contract is formed under the laws of California and therefore such laws shall be inevitable jurisdiction of the contract. This contract shall be governed by the laws of California insofar as possible, particularly to the exclusion of other legal systems within the United States and Canada.

Modified June 6th, 2005 - Added 'linkspam' to paragraph 12.