IMPORTANT - READ THE TERMS AND CONDITIONS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING COMODO'S RECURSIVE SERVICES, INCLUDING THE DNS NAMESERVERS, THE DISPLAYED WEBSITES AND LINKS, SEARCH RESULTS, AND THIRD PARTY TOOLS (THE "SERVICES"). USE OF THE SERVICES IS CONDITIONED UPON YOUR REPRESENTATION THAT THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT UNMODIFIED. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES.
The Services are owned and operated by Comodo Security Solutions, Inc. and its licensors. Throughout this Agreement, "Comodo" refers collectively and individually to Comodo Security Solutions, Inc., the licensors providing the Services, and their subsidiaries, affiliates, and related companies. Please take time to read these important terms and conditions before using or relying on the Services.
1.1 This Agreement governs the relationship between you and Comodo with regard to your use of the Services.
1.2 Comodo may change this Agreement or the Services at any time without notice. Please check this Agreement each time you use the Services to be aware of any changes. Use of the Services after a change has been made to either the Agreement or the Services will be deemed your acceptance of the change.
2.1 The Comodo Services are provided "as is" and "as available" for your own personal, non-commercial use only.
2.2 As agreed to by you, your computer is configured to use the Services to accept, process, and resolve recursive DNS queries ("Recursive Traffic"). Comodo may re-direct or terminate Recursive Traffic that Comodo, in its sole discretion, determines or considers to be harmful or invalid.
2.3 You may not use the Services for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Services. You may not access or use the Services from any jurisdiction where such use or access would be restricted or prohibited by law.
2.4 Comodo may terminate this Agreement at any time and may block or restrict access to the Services without notice. You may terminate this Agreement by ceasing to use the Services and changing your DNS settings away from Comodo's NameServers. As stated in 1.2, Comodo may change or discontinue the Service, or portions thereof, at any time. If this Agreement terminates, your access and use of the Services will end. Comodo will not be responsible for any discontinuation of the services and is not required to provide access to alternative services.
3.1 The Services contain links to websites operated by third parties ("Third Party Sites"). These links are for your convenience only. Comodo does not endorse, control, monitor, or verify the contents of the Third Party Sites and is not liable for the contents or for any loss, damage or injury sustained arising out of your access to the Third Party Sites.
4.1 All copyright and other intellectual property rights associated with the Services are owned by Comodo or its licensors. No part of the Services or any contents displayed through the Services may be copied or reproduced except as required for the typical use of the Internet. You may not modify, adapt, alter, copy, reverse engineer or disassemble the Services in any way, (b) create derivative versions of the Services; or (c) offer the Services for resale or distribution. You must not disclose the NameServer addresses to any third party who has not accepted this Agreement.
4.2 All rights not granted herein are reserved to Comodo and its licensors.
5.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMODO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMODO DOES NOT WARRANT (A) THE AVAILABILITY, ACCURACY, OR THE CONTENT OF ANY WEBSITE LINKED THROUGH THE SERVICES, (B) THE DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, (C) THE SECURITY OR AVAILABILITY OF THE SERVICES (D) THE SERVICES WILL BE FREE FROM ANY DEFECTS OR ERRORS OR THAT SUCH DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
5.2 WITH RESPECT TO THE SERVICES, YOU AGREE TO HOLD COMODO AND ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS HARMLESS AND WAIVE ALL LIABILITY RESULTING FROM ANY DAMAGE OR INJURY, INCLUDING ALL DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE DAMAGES, REGARDLESS OF WHETHER OR NOT SUCH DAMAGES ARE REASONABLY FORESEEABLE POR KNOWN TO COMODO. THIS WAIVER EXTENDS TO ALL CLAIMS REGARLDESS OF THEORY AND WAIVES ALL DAMAGES FOR LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, FOR ANY WEBSITE OR NETWORK DOWNTIME, AND FOR ANY COST OF PROCURING SUBSTITUTE SERVICE.
6.1 You will defend, at your own expense, any third party action brought against Comodo, its licensors or their directors, officers, or employees to the extent that the action is based on a claim, suit, or proceeding ("Claim") related to your use of the Services, including any Claim related to content passing through the Services, any infringement by you of the rights of a third party, or any breach of this Agreement. You are responsible for all costs and damages (including attorney's fees) awarded by a court of competent jurisdiction against or settled with Comodo. Comodo will provide prompt written notice of any Claim and will provide reasonable assistance at your expense. You may not enter into any settlement or compromise of a Claim without Comodo's written consent if such settlement or compromise would create obligations on Comodo or adversely affect Comodo's ability to exercise of any of its rights under this Agreement.
8.1 This Agreement shall be governed by the laws of New Jersey, without regard to any conflict of laws. The state and federal courts of New Jersey have exclusive jurisdiction and venue over all matters related to this Agreement.
8.2 The parties hereby expressly opt-out from the applicability of the Uniform Computer Information Transactions Act ("UCITA").
8.3 In the event of litigation or any collection activity arising out of the Services or this Agreement, the prevailing party shall be awarded its costs and reasonable expert and attorneys' fees.
8.4 This Agreement, including all documents referred to herein, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
8.5 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.
8.6 Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
8.7 You may not assign or otherwise transfer all or any portion of your rights or obligations under the Agreement without the prior written consent of Comodo. Comodo may assign or transfer this Agreement or its obligations in its sole discretion.
8.8 A party shall be excused from any delay or failure in performance of their obligations hereunder to the extent caused by reason of any force majeure event such as an occurrence or contingency beyond its reasonable control.
8.9 All provisions of the Agreement related to limitation on liability, ownership provisions, warranty disclaimers, indemnity and limitations of liability shall survive the termination of this Agreement.