Terms of Service – SecureDNS
mnemonic SecureDNS (the "Service") is owned and operated by mnemonic AS (hereinafter “mnemonic”, “we”, “our” or “us”).
Please refer to https://www.mnemonic.io/legal/ (the "Website") for further details about the features of the Service.
1. Acceptance of Terms.
Your use of the Service is subject to these Terms of Service (“Terms of Service”). Please read these Terms of Service carefully before accessing or using the Service.
If you are an individual accepting these Terms of Service on behalf of an entity/enterprise, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service.
From time to time, mnemonic may update the functionality and user interface of the Service, add new features to the Service, change the access configuration for the Services or update the related software. In such event, these Terms of Service shall also apply to any upgrades or updates subsequently provided by mnemonic for the Services or related software.
2. Modification of Terms of Service.
These Terms of Service may be changed, modified, supplemented or updated by mnemonic from time to time. Any such changes will be made available at the Website. Users of the Service should access the Website with due intervals in order to obtain information on any amendments to the Terms of Service. You will be bound by any changed, modified, supplemented or updated Terms of Service if you choose to continue to use the Services after such changes to the Terms of Service are posted and effectuated.
3. Service Termination and Suspension.
mnemonic may terminate your access to all or any part of the Services at any time, with or without cause and with or without notice. mnemonic will aim at informing you about such termination in reasonable time prior to the termination.
You may terminate the Service by simply discontinuing your use of the Service.
mnemonic reserves the right to suspend the Service as it may deem appropriate (i) in response to actual or suspected violations of these Terms of Service, (ii) if mnemonic at their sole discretion reasonably concludes that the Service is being used to engage in illegal activity, (iii) used outside the scope of the license or (iv) causing immediate, material and ongoing harm to mnemonic or others. You agree that mnemonic shall not be liable to you nor to any third party for any suspension of the Service under such circumstances as described in this Section 3.b.
c. Survival of terms.
The restrictions and obligations applicable on any user, set forth herein, shall apply also after any termination or suspension of the Service.
Subject to the these Terms of Service, mnemonic grants to you, and you accept, the non-assignable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Service in accordance with the related documentation on the Website.
The Service contains material protected under copyright and other intellectual property laws. Unless expressly authorized in a separate written agreement between you and mnemonic, the grant to access and use any of the Service and Software herein does not include any right to resell the Service or Software, manage the Service on behalf of any third party, make other commercial use or distribution of the Service or Software or to make any derivative use of Service or Software, integrate the Service into another service, reproduce, duplicate, copy, or otherwise exploit for any commercial purpose the Service or Software, other than specifically granted herein. mnemonic (or its licensors) retain all right, title, and interest in the Service and Software, including any and all intellectual property rights. mnemonic (or its licensors) reserve all rights not expressly granted.
6. User Data.
The Service may collect certain data and information about your use (“User Data”). As standard, only the destination IP / Domain pair you look up is stored in our passive DNS database. If mnemonic discovers that any of the traffic is deemed malicious, mnemonic may collect further threat intelligence data about the malicious traffic.
7. Prohibited Use.
8. Warranty Disclaimer.
Content and other information contained within the Service and Software has been prepared by mnemonic as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. mnemonic has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of such content or other information contained in or linked to the Services or Software. Users relying on such content or other information from the Service and Software do so at their own risk. Your use of the Service and Software is at your sole risk. All Services and Software are provided on an “as is” or “as available” basis, and mnemonic expressly disclaims all warranties and conditions of any kind whether express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, non-infringement and satisfactory quality. mnemonic, its officers, directors, employees, agents, or suppliers make no warranty that the Service or software are accurate, timely, uninterrupted, virus-free or error-free, or that any problems encountered will be corrected.
9. Limitation of Liability.
In no event shall mnemonic, its officers, directors, employees, agents, or suppliers be liable with respect to the Service or Software (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). In no event shall mnemonic’ aggregate liability to you or any third party arising out of these Terms of Service, the Service and the Software exceed the greater of (i) the amount paid by you to mnemonic in the preceding twelve (12) months as related to the Service or (ii) the amount of one thousand Norwegian Kroner (NOK 1 000).
As a user of the Service, you agree to indemnify and keep mnemonic and its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees, and third party service providers harmless with regard to any and all claims, actions, losses, damages, costs and liabilities (including attorney fees) which may arise from (i) your unauthorized or unlawful use of the Services, (ii) your breach of these Terms of Service or (iii) the infringement by you or any third party using the your Service, of any intellectual property or other right of any third party. mnemonic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by user, in which event user will assist and cooperate with mnemonic in asserting any available defenses.
mnemonic cannot be held liable for any unauthorized use of the Services or Software, for any breach of this Terms of Services or for the infringement by you or any third party using your Service or account.
11. Force Majeure.
mnemonic shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of mnemonic or its contractors, agents or suppliers, including, but not limited to, events of Force Majeure.
Any notices to you from mnemonic regarding the Services or these Terms of Service will be posted on the Website and/or the Block Page. Any notice or communication that you desire or are required to send mnemonic under these Terms of Service should be sent to mnemonic through one of the means listed in the Contacting Us section below.
13. Entire Agreement.
These Terms of Service together constitute the entire agreement between mnemonic and you in connection with your use of the Service. The Terms of Service supersede any different terms of any related quote, purchase order, confirmation or similar order form provided to mnemonic and any prior agreements between mnemonic and you regarding use of the Service and Software, including prior versions of these Terms of Service. If you have entered into a separate Master Services Agreement or other written agreement with mnemonic for services, the terms in such Master Services Agreement will govern your use of the Service and Software.
14. Governing Law; Jurisdiction; Venue; Severability of Provisions; Disputes.
These Terms of Service are governed by Norwegian Law. Endeavours shall be made to resolve any disagreement about the effect, content or performance of the Terms through negotiations. If the negotiations are unsuccessful, any disputes shall be brought before the ordinary courts. The parties agree that the legal venue shall be Oslo District Court.
15. Contacting Us.
If you have any questions or concerns about these Terms of Service, or use of the Service please contact us at [email protected] or at the mailing address provided below. We will attempt to respond to your questions or concerns within reasonable time after we receive them.
Henrik Ibsens gate 100
These Terms of Service were last updated and posted on October 25, 2022.