Please read the following terms and conditions carefully before continuing to use this web site.
These Terms (including any amendments made by Trilab B.V.) will continue in force until such time as either you or we terminate it.
TERMINATION
If either Trilab B.V. or you wish to terminate the agreement between us this can be done by sending an e-mail (by us to your e-mail address and by you to info@powerDNS.net or by post (by us to your usual address and by you to our registered office as given above. Notices will be deemed to have been served one hour after transmission by e-mail and 3 working days after dispatch by post. You are responsible for notifying Trilab B.V. of any change to your e-mail address and where provided to us your postal address.
Any breach of these Terms shall entitle Trilab B.V. to immediately terminate the service to you without notice.
Neither party is obliged to provide to the other any reason for their decision to terminate the agreement between us.
INTELLECTUAL PROPERTY
Unless otherwise stated, any intellectual property rights arising in respect of this Site's design, text, graphics, its selection and arrangement, software and all other material (the 'Content') on or in this Site belong to Trilab B.V. and/or its licensors. Any use of such intellectual property rights or software is strictly prohibited except where expressly allowed under these Terms.
Permission is hereby granted to electronically copy and store (but not on any server or other storage device connected to a network) and print individual pages of the Content on paper (but not photocopy them) from this Site only for purpose of your private and personal non-commercial use. You may also permit your computer to make an electronically stored, transient copy of the Content for the purpose of viewing it while connected to the Internet only. However you may only make one copy of the Content. Any other use of the Content, including reproduction for purposes other than that hereby authorised (including the removal of copyright or trade mark notices), creation of an electronic or manual database by systematically downloading and storing the Content, distribution (whether electronically or not) or republication is prohibited.
Any requests for permission to use the Content in a manner otherwise than permitted by these Terms should be addressed to info@powerDNS.net.
For the avoidance of doubt, this permission does not transfer ownership or confer any other right to you in the whole or any part of the Content.
The name and logo of PowerDNS.net and Trilab B.V. are trade marks. You are not permitted to use or reproduce or allow anyone else to use or reproduce these trade marks for any reason.
UNAUTHORISED ACCESS BY THIRD PARTIES
It is possible that third parties such as 'hackers' or 'crackers' may access the Site and alter its contents. Trilab B.V. will not be liable for any damages or loss arising out of or in connection with such unauthorised access. Trilab B.V. excludes all liability in respect of any unauthorised access to the fullest extent permitted by law.
ADVERTISEMENTS
This Site contains material, including advertising and sponsorship, which originates from third parties. Trilab B.V. excludes, to the extent permitted by law, all liability for any illegality arising from or error, omission or inaccuracy of such material or failure to comply with any relevant law or regulation. It is the responsibility of such advertisers, sponsors and other third parties to ensure that such material complies with all relevant laws and regulations.
HYPER-LINKS
We provide hyper-links from our site to web sites of third parties. Please note that we have no control over and are not responsible for the content of linked web sites and accordingly make no warranty or representation as to their contents. Trilab B.V. provides these links for your convenience only but does not necessarily endorse the material on those web sites nor are we in any way responsible for any transaction conducted between you and any such third parties to whose web site we provide a link. You proceed to these web sites at your own risk.
DISCLAIMER
Trilab B.V. makes no express or implied warranty as to:
* the information accessible via this Site being accurate, complete, fit for any particular purpose or current; * the Content being free from infection by viruses or anything else that has contaminating or destructive properties; * the operation, quality, functionality, accessibility of the Site.
The information on the Site is provided 'as is' and 'as available'. It is for information purposes only and Trilab B.V. does not hold itself out as providing any advice or recommendation of whatsoever nature and you should not rely on any information on the Site to make (or refrain from making) any decision or take (or refrain from taking) any action.
Trilab B.V. shall, unless specifically stated otherwise, not be liable, including liability for negligence (except for personal injury or death) for any damages or loss arising out of or in connection with the use of Trilab B.V.'s Site including (but not limited to) direct or indirect consequential loss, special loss, loss of data, income or profit, loss of or damage to property, damage to goodwill and claims of third parties whether resulting from use of or inability to use this Site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Trilab B.V. or its employees or agents are advised of the possibility of such damages or losses.
All warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory or otherwise (if any) arising out of or in connection with use of (or inability to use) the Site or any material on the Site or any action or decision taken as a result of using the Site or any material on it is hereby excluded to the fullest extent permitted by law and shall be limited in respect of any one incident or a series of two or more connected incidents to an amount equal to the cover provided to Trilab B.V. under its policies of insurance.
You hereby agree to fully indemnify Trilab B.V. against any claim brought by a third party resulting from use of the Site by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by Trilab B.V. in consequence of your breach or non-observance of these Terms.
In addition, you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against Trilab B.V. arising from any claims and shall provide Trilab B.V. with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defense such claims at your own expense.
ACCEPTABLE USE POLICY
This Acceptable Use Policy is an integral part of your License Agreement with Trilab B.V. If you engage in any of the activities prohibited by this AUP document Trilab B.V. may suspend or terminate your account.
PowerDNS.net Hosting Acceptable Use Policy (the "Policy") for license agreement of our software is designed to help protect Trilab B.V., her customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Trilab B.V.
Trilab B.V. reserves the right to modify the Policy at any time, effective upon posting here.
Trilab B.V. has the right to terminate any domain or account that exceeds acceptable use. The actions of Trilab B.V. are based on the type of the account that is provisioned and based on the expectation of the account to pay for overages (if overages are going to be assigned). Trilab B.V. reserves the right to make record modifications at anytime. However, if a client’s account consistently receives a massive query volume, then your domain / account will be removed.
ILLEGAL USE
You may only use the Site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trademark, trade secret or intellectual property right which you use without permission.
You may not circumvent or attempt to circumvent PowerDNS.net Hosting's security (referred to as 'cracking' or 'hacking').
In the interests of all our users, Trilab B.V. will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.
PRIVACY
We take the issue of data protection very seriously. Our policy is set out in our Privacy Statement.
It is your responsibility to make sure that information which we hold about you is up to date and accurate. Failure to do so will be a breach of these Terms.
CHANGES
We pride ourselves on keeping up to the minute in terms of advances in technology and legal developments. As these areas are changing at an ever increasing rate, we request that you refer to this Site on a regular basis in order to ensure that you are aware of our most recent Terms, Privacy Statement Rules and other policies.
Trilab B.V. reserves the right to modify, add to or change these Terms, our Privacy Statement, Rules and any other policies at any time and any such modifications, additions or changes will be effective immediately on being posted to this Site. It is your responsibility to make sure that you are aware of any such modifications, additions or changes and you will be deemed to have accepted them if you access the Site after any modifications, additions or changes have been made.
We will do our best to ensure that the Site is what we believe to be relevant, up to date and as interesting as possible and we accordingly reserve the right, at our discretion, to make changes to any part of this Site. Trilab B.V. reserves the right to begin, increase of decrease charges for it's service(s) at anytime.
GOVERNING LAW AND DISPUTES
This Agreement is deemed to have been made in The Netherland and is governed by Dutch Law. Any dispute relating to this Agreement shall be referred to the Dutch Courts.
For the exclusive benefit of Trilab B.V., Trilab B.V. retains the right to bring proceedings in the courts of the country of your residence or your principal place of business.
GENERAL
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
These Terms can not be varied except in writing by a director of Trilab B.V. Nothing said by any employee or agent of Trilab B.V. will be capable of varying these Terms.
If any provision in these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.