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TERMS OF SERVICE



The website located at www.dnsfilter.com (the “Site”) is a copyrighted work
belonging to DNSFilter, Inc. (“DNSFilter”, “us”, “our”, and “we”). Certain
features of the Site and the DNS service(s) may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection with
such features. All such additional terms, guidelines, and rules are incorporated
by reference into these terms and conditions (“Terms” or “Agreement”). We
reserve the right to change these Terms at any time by posting updated versions
on this site; your continued use of the Site and DNSFilter services following
such changes constitutes your acceptance of such changes. Therefore, be sure to
review these Terms periodically.

BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF
YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT
YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF
OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE
SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT
AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE
SITE.

PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT
YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION,
ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR
ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT
WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED
TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION
AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK
RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR
RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE
A JURY TRIAL.

Overview
Accounts
Free Trial and Conversion to Subscription
Subscription Billing and Renewal
Covered Users
Term and Termination
Suspension of Services
Access to the Site
Third Party Links
Audit Rights
Customer Control
Disclaimer
Indemnification
Limitation of Liability
Intellectual Property
Miscellaneous

 


1. OVERVIEW

a. This Agreement governs DNSFilter’s solutions (including this website) and
software (collectively, “Services”). This Agreement applies to your use of the
Services, unless you have entered into a separate written agreement with
DNSFilter, in which case that agreement would control.

 2. Accounts

a. When you create an account with us, you represent and warrant that you are
above the age of 18, and that the information you provide us is accurate and
complete, and you will update the information if it changes. Inaccurate,
incomplete, or obsolete information may result in our inability to provide
Service to your account and/or the immediate termination of your account on the
Service.

b. You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use of
your account.

c. We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.

d. We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons; or if fraud or an unauthorized or illegal transaction is suspected.

e. You can delete your account at any time by emailing your request for deletion
to support@dnsfilter.com, or following the instructions at this webpage.

 


3. FREE TRIAL AND CONVERSION TO SUBSCRIPTION

a. DNSFilter, Inc. may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time (“Free Trial”).

b. You may be required to enter your billing information in order to sign up for
the Free Trial.

c. If you do enter your billing information when signing up for the Free Trial,
you will not be charged by DNSFilter, Inc. until the Free Trial has expired. On
the last day of the Free Trial period, unless you canceled your Free Trial, you
will begin accruing charges and be billed at the end of the billing period for
the applicable Subscription fees for the type of Subscription you have selected.

d. At any time and without notice, DNSFilter, Inc. reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.

 


4. SUBSCRIPTION BILLING AND RENEWAL

a. Some parts of the Service are billed on a subscription basis
(“Subscription(s)”). You will be billed on a recurring and periodic basis
(“Billing Cycle”) as set forth in your Order Form and in the “Covered Users”:
section below. Billing cycles are set either on a monthly or annual basis,
depending on the type of subscription plan you select when purchasing a
Subscription.

b. All Fees shall be paid within 30 days after the date of the invoice, in US
dollars on such third-party platform as may be directed by DNSFilter.

c. A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide DNSFilter, Inc. with accurate
and complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such
payment information, you automatically authorize DNSFilter, Inc. to charge all
Subscription fees incurred through your account to any such payment instruments.

d. You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and complete.

e. The service may employ the use of third-party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.

f. Should automatic billing fail to occur for any reason, DNSFilter, Inc. will
issue an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing period
as indicated on the invoice.

g. Except when required by law, paid Subscription fees are non-refundable.

h. Taxes. All Fees and other amounts payable by Customer under this Agreement
are exclusive of taxes and similar assessments. Without limiting the foregoing,
Customer is responsible for all sales, use, and excise taxes, and any other
similar taxes, duties, and charges of any kind imposed by any federal, state, or
local governmental or regulatory authority on any amounts payable by Customer
hereunder, other than any taxes imposed on DNSFilter’s income.

i. Late Payment. If Customer fails to make any payment when due then, in
addition to all other remedies that may be available:

i. DNSFilter may charge interest on the past due amount at the rate of 1.5% per
month calculated daily and compounded monthly or, if lower, the highest rate
permitted under applicable Law;

ii. Customer shall reimburse DNSFilter for all costs incurred by DNSFilter in
collecting any late payments or interest, including attorneys’ fees, court
costs, and collection agency fees; and

iii. if such failure continues for 14 days following written notice thereof,
DNSFilter may suspend performance of the Services until all past due amounts
have been paid, without incurring any obligation or liability to Customer or any
other Person by reason of such suspension.

j. Fee Increases. DNSFilter may increase Fees no more than once annually, by
providing written notice to Customer at least 60 calendar days prior to the
commencement of such Renewal Term, and any applicable Order Form will be deemed
amended accordingly.

 


5. COVERED USERS

a. For standard, non-specialty subscriptions with user-based pricing, one
license is required for each Covered User. DNSFilter has identified a limit of
up to 5,000 DNS queries per one Covered user per day, which is generous compared
to our competitors, who use 3,000. DNSFilter will monitor usage monthly to
determine your monthly DNS queries. If DNSFilter identifies that your usage
exceeds 5,000 DNS queries, per user, per day, DNSFilter reserves the right to
require additional licenses be purchased.

 


6. TERM AND TERMINATION

a. The term of this Agreement commences as of the Effective Date and continues
until terminated pursuant any of the Agreement’s express provisions (the
“Initial Term”).

b. Renewal Term. This Agreement will automatically renew for additional terms
unless earlier terminated pursuant to this Agreement’s express provisions or
either party gives the other party written notice of non-renewal at least 60
days prior to the expiration of the then-current term, or otherwise cancels
through the Customer portal (each a “Renewal Term” and, together with the
Initial Term, the “Term”). c. Termination. In addition to any other express
termination right set forth elsewhere in this Agreement:

i. DNSFilter may terminate this Agreement, effective on written notice to
Customer, if Customer fails to pay any amount when due hereunder, and such
failure continues more than 30 days after DNSFilter’s delivery of written notice
thereof.

ii. Either party may terminate this Agreement, effective on written notice to
the other party, if the other party materially breaches this Agreement, and such
breach remains uncured thirty days after the non-breaching party provides the
breaching party with written notice of such breach.

iii. Either party may terminate this Agreement, effective immediately upon
written notice to the other party, if the other party: (i) becomes insolvent or
is generally unable to pay, or fails to pay, its debts as they become due; (ii)
files, or has filed against it, a petition for voluntary or involuntary
bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any
proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii)
makes or seeks to make a general assignment for the benefit of its creditors; or
(iv) applies for or has appointed a receiver, trustee, custodian, or similar
agent appointed by order of any court of competent jurisdiction to take charge
of or sell any material portion of its property or business.

d. Effect of Termination. Upon any expiration or termination of this Agreement,
except as expressly otherwise provided in this Agreement:

i. All rights, licenses, consents, and authorizations granted by either party to
the other hereunder will immediately terminate and DNSFilter may disable all
Customer and Authorized User access to the DNSFilter Materials;

ii. Customer shall immediately cease all use of any Services or DNSFilter
Materials and immediately at DNSFilter’s written request destroy, all documents
and tangible materials containing, reflecting, incorporating, or based on any
DNSFilter Materials or DNSFilter’s Confidential Information;

iii. Notwithstanding anything to the contrary in this Agreement, with respect to
information and materials then in its possession or control: (i) the Receiving
Party may retain the Disclosing Party’s Confidential Information in its
then-current state and solely to the extent and for so long as required by
applicable Law; (ii) DNSFilter may also retain Customer Data in its backups,
archives, and disaster recovery systems until such Customer Data is deleted in
the ordinary course; and (iii) all information and materials described in this
Section will remain subject to all confidentiality, security, and other
applicable requirements of this Agreement.

 


7. SUSPENSION OF SERVICES

a. Suspension or Termination of Services. DNSFilter may suspend, terminate, or
otherwise deny Customer’s, any Authorized User’s, or any other Person’s access
to or use of all or any part of the Services or DNSFilter Materials, without
incurring any resulting obligation or liability, if: (a) DNSFilter receives a
judicial or other governmental demand or order, subpoena, or law enforcement
request that expressly or by reasonable implication requires DNSFilter to do so;
or (b) DNSFilter believes, in its reasonable discretion, that: (i) Customer or
any Authorized User is abusing the Service, as determined in DNSFilter’s sole
discretion; (ii) Customer or any Authorized User has failed to comply with any
material term of this Agreement, or accessed or used the Services beyond the
scope of the rights granted or for a purpose not authorized under this Agreement
or in any manner that does not comply with any material instruction or
requirement of the Specifications; (iii) Customer or any Authorized User is, has
been, or is likely to be involved in any fraudulent, misleading, or unlawful
activities; or (iv) this Agreement expires or is terminated. This Section does
not limit any of DNSFilter’s other rights or remedies, whether at law, in
equity, or under this Agreement.

 


8. ACCESS TO THE SITE

a. Unless otherwise agreed in writing, the rights granted to you in these Terms
are specifically for use of the Services and are subject to the following
restrictions:

i. you shall not license, sell, rent, lease, transfer, assign, distribute, host,
or otherwise commercially exploit the Site, whether in whole or in part, or any
content displayed on the Site;

ii. you shall not copy, modify, make derivative works of, disassemble, reverse
compile or reverse engineer or otherwise attempt to derive or gain access to the
source code of the Services or any part of the Site;

iii. you shall not access the Site in order to build a similar or competitive
website, product, or service, or otherwise to DNSFilter’s commercial
disadvantage; and/or

iv. You shall not otherwise access or use the Services beyond the scope of
authorization.

v. Except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be subject
to these Terms. All copyright and other proprietary notices on the Site (or on
any content displayed on the Site) must be retained on all copies thereof.

b. Modification. DNSFilter reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice to you. You
agree that DNSFilter will not be liable to you or to any third party for any
modification, suspension, or discontinuation of the Site or any part thereof.

c. No Support or Maintenance. You acknowledge and agree that DNSFilter will have
no obligation to provide you with any support or maintenance in connection with
the Site.

d. Feedback. If you provide DNSFilter with any feedback or suggestions regarding
the Site (“Feedback”), you hereby assign to DNSFilter all rights in such
Feedback and agree that DNSFilter shall have the right to use and fully exploit
such Feedback and related information in any manner it deems appropriate.
DNSFilter will treat any Feedback you provide to DNSFilter as non-confidential
and non-proprietary. You agree that you will not submit to DNSFilter any
information or ideas that you consider to be confidential or proprietary.

e. DNSFilter reserves the right, in its sole discretion, to make any changes to
the Services and DNSFilter Materials that it deems necessary or useful to: (a)
maintain or enhance: (i) the quality or delivery of DNSFilter’s services to its
customers; (ii) the competitive strength of or market for DNSFilter’s services;
or (iii) the Services’ cost efficiency or performance; or (b) to comply with
applicable Law.

 


9. THIRD PARTY LINKS

a. Our Service may contain links to third-party websites or services that are
not owned or controlled by DNSFilter. DNSFilter. has no control over and assumes
no responsibility for the content, privacy policies, or practices of any
third-party websites or services. We do not warrant the offerings of any of
these entities/individuals or their websites. b. You acknowledge and agree that
DNSFilter shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods or services available on or through
any such third party websites or services.

c. You should make whatever investigation you feel necessary or appropriate
before proceeding with any transaction in connection with such Third-Party
Links.

 


10. AUDIT RIGHTS

a. Audit Procedure. DNSFilter or its designee may, upon reasonable notice and
during normal working hours, inspect and audit Customer’s use of the Services
under this Agreement at any time during the Term and for two (2) years following
the termination or earlier expiration of this Agreement. Customer shall make
available all such books, records, equipment, information, and personnel, and
provide all such cooperation and assistance, as may reasonably be requested by
or on behalf of DNSFilter with respect to such audit. DNSFilter shall only
examine information directly related to Customer’s use of the Software.
DNSFilter’s continuous monitoring of Customer’s usage levels shall not be
considered an “audit” for purposes of this section.

b. Cost and Results of Audit. If the audit determines that Customer’s use of the
Services exceeded the usage permitted by this Agreement by more than 10%,
Customer shall pay to DNSFilter all amounts due for such excess use of the
Software, plus interest on such amounts. If the audit determines that such
excess use equals or exceeds 25% of Customer’s permitted level of use, DNSFilter
shall be entitled to recover from Customer reasonable costs incurred by
DNSFilter in conducting the audit. Customer shall make all payments required
under this Section within thirty days of the date of written demand for payment
of such costs.

 


11. CUSTOMER CONTROL

a. Customer Control and Responsibility. Customer has and will retain sole
responsibility for: (a) all Customer Data, including its content and use; (b)
all information, instructions, and materials provided by or on behalf of
Customer or any Authorized User in connection with the Services; (c) Customer’s
information technology infrastructure, including computers, software, databases,
electronic systems (including database management systems), and networks,
whether operated directly by Customer or through the use of third-party services
(”Customer Systems”); (d) the security and use of Customer’s and its Authorized
Users’ Access Credentials; and (e) all access to and use of the Services and
DNSFilter Materials directly or indirectly by or through the Customer Systems or
its or its Authorized Users’ Access Credentials, with or without Customer’s
knowledge or consent, including all results obtained from, and all conclusions,
decisions, and actions based on, such access or use.

 


12. DISCLAIMER

a. THE SERVICES AND SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS,
AND DNSFILTER (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST
USE.

b. We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other websites. The information found on the Service may contain
errors or inaccuracies and may not be complete or current. Products or services
may be mispriced, described inaccurately, or unavailable on the Service and we
cannot guarantee the accuracy or completeness of any information found on the
Service.

c. We reserve the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.

 


13. INDEMNIFICATION

a. You agree to indemnify and hold DNSFilter (and its officers, employees, and
agents) harmless, including costs and attorneys’ fees, from any claim or demand
made by any third party due to or arising out of (a) your use of the Services or
Site, (b) your violation of these Terms or (c) your violation of applicable laws
or regulations. DNSFilter reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of DNSFilter.
DNSFilter will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.

 


14. LIMITATION OF LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DNSFILTER (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DNSFILTER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE
IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT PAID OR
PAYABLE BY YOU TO DNSFILTER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE
EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR
SUPPLIERS

WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

c. Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.

 


15. INTELLECTUAL PROPERTY

a. Ownership. You acknowledge that all the intellectual property rights,
including copyrights, patents, trade marks, and trade secrets, in the Site and
its content are owned by DNSFilter or DNSFilter’s suppliers. Neither these Terms
(nor your access to the Site) transfers to you or any third party any rights,
title or interest in or to such intellectual property rights, except for the
limited access rights expressly set forth in Section 2.1. DNSFilter and its
suppliers reserve all rights not granted in these Terms. There are no implied
licenses granted under these Terms.

b. Reservation of Rights. Nothing in this Agreement grants any right, title, or
interest in or to (including any license under) any Intellectual Property Rights
in or relating to, the Services, DNSFilter Materials, or Third-Party Materials,
whether expressly, by implication, estoppel, or otherwise. All right, title, and
interest in and to the Services, the DNSFilter Materials, and the Third-Party
Materials are and will remain with DNSFilter and the respective rights holders
in the Third-Party Materials.

 


16. MISCELLANEOUS

a. Governing Law. These Terms shall be governed and construed in accordance with
the laws of Delaware, United States, without regard to its conflict of law
provisions.

b. No Waiver. Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior agreements
we might have had between us regarding the Service.

c. Survival. All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

d. Copyright/Trademark Information. Copyright © 2022 DNSFilter, Inc. All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on the
Site are our property or the property of other third parties. You are not
permitted to use these Marks without our prior written consent or the consent of
such third party which may own the Marks.

e. Changes. These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last
e-mail address you provided to us (if any), and/or by prominently posting notice
of the changes on our Site. You are responsible for providing us with your most
current e-mail address. In the event that the last e-mail address that you have
provided us is not valid, or for any reason is not capable of delivering to you
the notice described above, our dispatch of the e-mail containing such notice
will nonetheless constitute effective notice of the changes described in the
notice. Continued use of our Site following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be bound by the
terms and conditions of such changes.

f. Publicity. Neither party shall issue or release any announcement, statement,
press release, or other publicity or marketing materials relating to this
Agreement or, unless expressly permitted under this Agreement, otherwise use the
other party’s trademarks, service marks, trade names, logos, domain names, or
other indicia of source, association, or sponsorship, in each case, without the
prior written consent of the other party, which consent shall not be
unreasonably withheld, provided, however, that DNSFilter may, without Customer’s
consent, include Customer’s name and other indicia in its lists of DNSFilter’s
current or former customers of DNSFilter in promotional and marketing materials.
Customer may revoke such permission at any time by sending a revocation to
legal@dnsfilter.com.

g. Headings. The headings in this Agreement are for reference only and do not
affect the interpretation of this Agreement.

h. Entire Agreement. This Agreement, together with the Customer’s Order Form,
constitutes the sole and entire agreement of the parties with respect to the
subject matter of this Agreement and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and
oral, with respect to such subject matter.

i. Notices. Except as otherwise expressly set forth in this Agreement, any
notice, request, consent, claim, demand, waiver, or other communications under
this Agreement have legal effect only if in writing and addressed to a party as
follows (or to such other address or such other person that such party may
designate from time to time in accordance with this Section 15.4. All notices to
DNSFilter shall be copied to legal@dnsfilter.com. Notices sent in accordance
with this Section will be deemed effectively given: (a) when received, if sent
by a nationally recognized overnight courier, signature required; and (b) on the
2nd day after the date mailed by certified or registered mail, return receipt
requested, postage prepaid.

j. Contact Us. If you have any questions about these Terms, please contact us
here or email us at legal@dnsfilter.com.

k. Force Majeure.

i. No Breach or Default. In no event will either Party be liable or responsible
to the other party, or be deemed to have defaulted under or breached this
Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement, (except for any obligations to make payments), when and to the extent
such failure or delay is caused by any circumstances beyond such party’s
reasonable control (a “Force Majeure Event”), including (i) acts of God; (ii)
flood, fire, earthquake, epidemic/pandemic, or explosion; (iii) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot or
other civil unrest; (iv) government order, law, or actions; (v) embargoes or
blockades in effect on or after the date of this Agreement; (vi) national or
regional emergency[(vii) shortage of adequate power or transportation
facilities.

ii. In the event of any failure or delay caused by a Force Majeure Event, the
affected party shall give prompt written notice to the other party stating the
period of time the occurrence is expected to continue and use commercially
reasonable efforts to end the failure or delay and minimize the effects of such
Force Majeure Event.

iii. If a Force Majeure condition impacting a party’s performance continues
substantially unchanged for a period of thirty (30) days, the non-affected party
may terminate this agreement upon written notice to the affected party.

l. Amendment and Modification; Waiver. Except as specifically set forth herein,
no amendment to or modification of this Agreement is effective unless it is in
writing and signed by an authorized representative of each party. No waiver by
any party of any of the provisions hereof shall be effective unless explicitly
set forth in writing and signed by the party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any
rights, remedy, power, or privilege arising from this Agreement will operate or
be construed as a waiver thereof; nor shall any single or partial exercise of
any right, remedy, power, or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, remedy, power, or
privilege.

m. Severability. If any term or provision of this Agreement is invalid, illegal,
or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Agreement
or invalidate or render unenforceable such term or provision in any other
jurisdiction. Upon such determination that any term or other provision is
invalid, illegal, or unenforceable, the parties hereto shall negotiate in good
faith to modify this Agreement so as to effect the original intent of the
parties as closely as possible in a mutually acceptable manner in order that the
transactions contemplated hereby be consummated as originally contemplated to
the greatest extent possible.

 
Archived TOS

 

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