SafeServe Terms of Service Agreement

This SafeServe Terms of Service Agreement ("Agreement") sets forth the terms and conditions of Your use of Namecheap, Inc.’s public DNS services (the “Services”) as defined below. The Services may, at the sole and absolute discretion of Namecheap, Inc., be delivered by a third-party provider (“Vendor”). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies and any third-party providers, including but not limited to the Vendor (collectively, “Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using the Services. These obligations are in addition to (not in lieu of) any terms and conditions that apply to Your use of the Services under any other Namecheap policies and/or agreements. When You use the Services, You signify Your agreement to the terms and conditions contained in this Agreement along with the Namecheap Universal Terms of Service Agreement and all applicable policies and product agreements incorporated by reference therein. You agree that Namecheap may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services after such changes or modifications have been made constitutes Your agreement to be bound by this Agreement as last revised.

1. Definitions.

Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings set forth below.

• “Confidential Information” means material, data, systems and other information concerning the operation, business projections, market goals, financial affairs, products, services, customers and Intellectual Property Rights of the other party that may not be accessible or known to the general public. Confidential Information shall include, but shall not be limited to, any information which concerns technical details of operation of the Services.

• “DNS” means the Domain Name System that is a distributed database and hierarchical global infrastructure deployed on the Internet and private IP-based networks used to resolve domain names into IP addresses.

• “DNS Query” shall mean a request received by the Name Servers.

• “DNS Security Extensions” or “DNSSEC” shall mean a service which allows a Customer to digitally sign its Domain Name’s authoritative zone data.

• “Intellectual Property Rights” mean any and all now known or hereafter existing rights associated with the United States and foreign copyrights (including, without limitation, the right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), database rights, trademarks (including, without limitation, trade dress, trade names, service marks, corporate names and logos), inventions, patents (including, without limitation, the right to make, use, offer for sale and sell), patent applications, software, firmware, know-how, trade secrets, moral rights and all rights or forms of protection of proprietary rights of every kind and of a similar nature, or having similar effect to any of them, which may exist throughout the world however designated, whether or not any of them is registered, and having applications for registration for any of the foregoing.

• “Name Servers” means the name servers, hardware, software, data, algorithms and processes used to host and resolve DNS Queries.

• “Service Infrastructure” includes, but is not limited to, the database, Name Servers, application servers, application gateways, network devices, software, specifications, protocols, IP addresses, configurations, routing data and processes and any other tangible or intangible asset used by Namecheap to provide the Services.

2. Service Description.

Namecheap SafeServe is a resolution service (name resolver or recursive DNS service) that will provide the corresponded IP address to the requested domain name.

3. Permission to Use.

Namecheap grants to permission to use SafeServe free of charge. You acknowledge and agree that (a) Namecheap retains all Intellectual Property Rights (as defined herein), title to and interest in all other information, data, content, software, systems, infrastructure, ideas, concepts, techniques, processes, configurations or other intellectual property embodied in or used or practiced in connection with SafeServe.

4. No Right of Indemnification Against Vendor.

You acknowledge and agree that You shall have no right to seek, and shall not seek, any indemnification directly from Namecheap or the Vendor.

5. Disclaimers.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAMECHEAP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.

6. Service Availability; Suspension & Termination of Services.

• Service Availability. Namecheap has no liability or responsibility for any damage, loss of use or other loss occurring in connection with Your use of these Services.

• Suspension & Termination of Services. Namecheap may suspend the Services being provided to You at any time and for any reason. You agree that, should the Services be suspended, Namecheap has no liability or responsibility for damage, loss of use or other loss occurring in connection with Your use of these Services.