The following terms of service govern all use of DNS Query Tools, including, but not limited to, query.tools, all related websites, products, services, APIs, and content (collectively the ‘Service’). Our Service is offered subject to your acceptance, without modification, of this entire Terms of Service. If you do not fully agree, you may not use any part of the Service.
Our Service, including logos, graphics, documentation, text, software, etc. are Copyright 2020 Notioneer, Inc. (‘Notioneer’). The Notioneer and Server names and logos, and all other trademarks, service marks, graphics, and logos used within our Service are each trademarks or registered trademarks of Notioneer or third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Notioneer or third-party trademarks.
You must be of legal age to use our Service or create an account. An account is required to access most of our Service. You are responsible for maintaining the security and confidentiality of your account, including all passwords, API keys, and other credentials used to access our Service. You are responsible for ALL use of your account, including use of your account by others. Notioneer is not liable for damages or losses that come from your failure to sufficiently secure your account. You must immediately notify us of any unauthorized use of your account or any other breaches of security.
You are responsible for keeping your contact information with us up-to-date and for ensuring that you are able to receive email from us. Notioneer is not liable for damage or losses that arise from our inability to contact you.
Our Service may only be used for lawful purposes. Transmission or storage of any information, data or other material (collectively, ‘Data’) in violation of any United States, State of Colorado, or other local (to us) law, or any law to which you are subject, is prohibited.
Our Service may not be used in conjunction with:
Use of our Service must also be reasonable and not negatively impact our Service or our ability to adequately serve other customers. Access to our Service may be rate limited or blocked as we deem appropriate.
Notioneer has sole determination of misuse or other violation of our Terms of Service. In the case of misuse or violation, any prepaid service credit is forfeit and we may assess a processing fee.
Notioneer complies with the Digital Millennium Copyright Act. Copyright infringement notifications should be sent (email preferred) to:
PO Box 974
Littleton, CO 80160
In the course of providing Service to you, Notioneer creates, receives, stores, and/or transmits data that may be private or sensitive, such as personal name, business name, email addresses, phone numbers, billing information, logs of account activity, and service information.
In general, we do not disclose personal or account information unless we believe, in good faith, that disclosing such information is necessary to identify, make contact with, bring legal action against, or otherwise protect against someone who may be causing harm or interfering with the property of Notioneer, our Service, our customers, or others. We may also disclose personal or account information as necessary, in our discretion, to provide Service to you.
In the course of using our Service, comments, suggestions, ideas, questions, or other content (collectively ‘User Content’) may be submitted to us by email, through our websites, or by other channels. You grant Notioneer a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, derive, and/or display such User Content.
Payment must be made via a credit card that we accept. You agree that Notioneer is permitted to automatically charge your card on a periodic basis, in advance or in arrears, for regular, usage, and overage charges. Payment is due upon invoicing and Service may be interrupted on accounts that are past due. Charges accrued but unpaid at the time of cancelation of Service must still be paid.
If Service is canceled by us without cause, which we reserve the right to do, a prorated refund of unused service will be granted; in all other circumstances, no refund will be issued. Refunds may be issued to the original credit card or by check drawn on a US bank, at our discretion. Refunded amounts always apply to outstanding or accrued charges first.
We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and your credit card issuer.
We may measure usage of Services using exact measurements or statistical sampling, at our discretion.
Any charges you incur from third-parties while using our Services is your sole responsibility. This includes, but is not limited to phone, text messaging, bandwidth, internet access, or currency conversion charges.
Modifications to our Service, in particular APIs, may occur from time to time. While we try to minimize backward-incompatible changes, such changes may occur. Accordingly, updates to your application or API consumers may be required. All such changes are your responsibility and at your cost.
Selected service plans include a Service Level Agreement (“SLA”). Plans that do not expressly include an SLA do not include an SLA.
When included, our SLA covers availability of our API and services available to end users. The SLA does not cover circumstances outside our control, including, but not limited to, accounts that are past due, upstream network issues between you and us, and force majeure events. Additionally, scheduled maintenance with at least 48 hours notice is not covered.
Uptime is measured on a per-minute basis by a third-party. Any covered unavailability of at least three consecutive minutes is considered an outage. If the cumulative outage minutes in a month exceed the allowed downtime (calcuated as SLA Percentage * Minutes in Month = Allowed Downtime), then a credit (calculated as Outage Percentage * Monthly Base Plan Rate = Credit Amount) will be issued.
Credits will be issued within 21 days of the end of the measured month and may only be used for services billed after the credit is issued. We may use calendar months or individual monthly billing cycles as the measured month, at our discretion. Credits may not exceed the amount paid for the affected month.
IN NO EVENT SHALL NOTIONEER BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, GOODWILL, OR USE; OTHER INTANIGIBLE LOSSES; ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; USE OF ANY NOTIONEER SERVICE; OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF NOTIONEER AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH NOTIONEER SERVICE, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED ONE MONTH’S WORTH OF RECURRING FEES FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
USE OF NOTIONEER SERVICE IS AND SHALL BE AT YOUR SOLE RISK. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING OUR SERVICES. YOU ACCEPT, AND WE EXPRESSLY DISCLAIM, ALL LIABILITIES FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FROM FAILURE TO PERFORM, FAILURE TO MEET EXPECTATIONS, LOSS OF SERVICE, LOSS OF DATA, LOSS OF EMAIL, LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER DAMAGE.
You agree to defend, indemnify and hold harmless Notioneer, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Notioneer Service; (ii) your violation of any term of this Terms of Services; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that use of our Service caused damage to a third party; or (v) any claim that use of our services or participation in any program offered by Notioneer creates a legal nexus between Notioneer and any jurisdiction other than Colorado, USA. This defense and indemnification obligation will survive this Terms of Service and your use of our Service.
If any of the provisions, or portions thereof, of this Terms of Service are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Terms of Service shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Further, when possible, a court shall give effect to the intention of the invalid provision to the fullest extent possible within the law.
This Terms of Service (including the Exhibits, attachments and/or addenda, if any) represents the full and complete agreement of the parties and supersedes all prior agreements or understandings, written or oral between the parties.
This Terms of Service and its rights and obligations may not be transferred, assigned or delegated in any manner by you, but may be transferred, assigned or delegated by Notioneer.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any provision, shall neither be considered as a continuing waiver nor create an expectation of non-enforcement of that or any other provision.
In any legal proceeding between the parties under this Terms of Service, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
This Terms of Service, your use of our Service, and the relationship between you and Notioneer are made under and shall be governed by the laws of the State of Colorado without regard to conflict of law provisions. You further agree to the exclusive venue of the courts of Arapahoe County, Colorado.
This Terms of Service and Notioneer’s policies may be changed by Notioneer at any time and posting them on our website shall be considered sufficient notice of doing so. Continued usage of Service after a change to this Terms of Service or after a new policy is implemented and posted on our website constitutes your acceptance of such change or policy. We encourage you to regularly check our website for any changes or additions.
Last updated: July 8, 2017