Website Terms of Use

Welcome to the OpenDNS.com and Umbrella.com (“Websites”) owned and operated by OpenDNS, Inc. (hereinafter “OpenDNS”, “we”, “our” or “us”).  OpenDNS is the world’s leading provider of Internet security and Domain Name System (DNS) services, enabling the world to connect to the Internet with confidence on any device, anywhere, any time. OpenDNS provides millions of businesses, schools and households with a safer, faster and more intelligent Internet experience by protecting them from malicious Web threats and providing them control over how users navigate the Internet.

1. Acceptance of Terms.

These Websites contain text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Websites (collectively with all information and material about OpenDNS and its services, “Content”). Your access to and use of these Websites is subject to these OpenDNS Terms of Use (“Website Terms of Use”), as well as all applicable laws and regulations. In addition, certain Content, and all fee-based and free OpenDNS or Umbrella services (“Services”), are subject to additional terms and conditions set forth in the OpenDNS Terms of Service which are located at https://www.opendns.com/terms (“Terms of Service”). The Website and Services are available only to individuals who are at least 13 years old or possess legal parental or guardian consent. Please read these Website Terms of Use carefully before accessing or using the Websites.  Your access to and use of either Website constitutes your acceptance of and agreement to abide by these Website Terms of Use. If you do not accept and agree to be bound by any of these Website Terms of Use, you are not authorized to access or otherwise use the Websites or any information or Content contained on the Websites.

2. Modification of Websites and Terms.

OpenDNS may update the Websites, add new features or content to the Websites or change the access configuration for the Websites from time to time.  In such event, these Website Terms of Use shall apply to any updates or new Content. In addition, these Website Terms of Use may be changed, modified, supplemented or updated by OpenDNS from time to time without advance notice by posting here.   If the change has a material adverse impact on you and you do not agree to the change, you must so notify OpenDNS via contact@opendns.com within thirty days after the change takes effect.  If you notify OpenDNS as required, then you will remain governed by the Website Terms of Use in effect immediately prior to the change with respect to your use of the Websites and Content therein prior to the effective date of change.  But you will be bound by any such changed, modified, supplemented or updated Website Terms of Use if you continue to use either Website after such changes are posted. Unless otherwise indicated, any new Content added to the Websites will also be subject to these Website Terms of Use effective upon the date of any such addition. You are encouraged to review the Websites and these Website Terms of Use periodically for updates and changes.

3. Website Use Rights and Restrictions; All Rights Reserved.

Subject to these Website Terms of Use, OpenDNS grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicenseable and non-exclusive right to access and make personal use of the Websites, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of OpenDNS.  This license does not include any resale or commercial use of a Website or the Content; any collection and use of any pages; any derivative use of a Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither Website nor any portion of a Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of OpenDNS. You may not frame or utilize framing techniques to enclose any portion of the Websites (including images, text, page layout, or form) with or without the trademark, logo or other proprietary information of OpenDNS without OpenDNS’ express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of OpenDNS’ or any third party’s name(s) or service marks without the express written consent of their respective owners.  Any unauthorized use terminates the use rights granted by OpenDNS.

4. Ownership.

OpenDNS (or the respective third party owners of Content) retain all right, title, and interest in the Websites and any Content, features and services offered on the Websites, including any and all intellectual property rights. OpenDNS reserves all rights not expressly granted.  Except as otherwise expressly stated, all Content appearing on the Websites is the copyrighted work of OpenDNS, its users or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of OpenDNS and is protected by U.S. and international copyright laws. You may download information from a Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Websites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of OpenDNS or any applicable third party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by OpenDNS. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. OpenDNS does not warrant or represent that your use of Content or any other materials displayed on either Website will not infringe rights of third parties.

5. Trademarks and Service Marks.

Certain trademarks, including OpenDNS®, Umbrella, and PhishTank are the service marks and trademarks of OpenDNS or one of its affiliates. The domain name for the Websites, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of OpenDNS. All other trademarks, service marks, trade dress, names of Services, company names or logos, whether registered or not, on the Websites are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any trademarks, service marks, trade dress, or other logos from the Websites without the prior written authorization of their owners.

6. Privacy Policy and User Submissions.

Any personally identifiable information contained in any submissions to the Websites will be treated as set forth in the OpenDNS Privacy Policy available at http://www.opendns.com/privacy/ .  We strongly urge you to read our Privacy Policy. With the exception of any such personal information you submit, any information you transmit to OpenDNS via the Websites, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of OpenDNS. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting.  OpenDNS shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to OpenDNS via a Website or by any other means for any purpose whatsoever.  When you submit any material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to a Website, you represent, warrant and covenant to OpenDNS that you have the necessary rights to copy and display such information.  Furthermore, you covenant and specifically grant to OpenDNS a non-exclusive, transferable, sub-licensable, fully paid up, royalty-free, irrevocable, worldwide license to use any such content that you post on or in connection with the Websites.

7. Prohibited Use.

While using ​the Websites: 

• Don’t upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity.

• Don’t upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise.

• Don’t violate copyright or other intellectual property rights’ of third parties and don’t delete any author attributions, legal notices or proprietary designations or labels on any content that you upload to any communication feature. Your material must be your own and original or used with the express permission of the owner.

• Don’t use other people’s online identities or use “bogus” profiles that don’t accurately describe you.

• Don’t harvest or otherwise collect information about others, including e-mail addresses.

• Don’t upload files that contain viruses, trojan horses, worms, or any other software or programs that may damage the operation of another’s computer or property of another.

• Don’t take any action  that could damage, disable, overburden, or impair any OpenDNS server, or the network(s) connected to any OpenDNS server.

• Don’t probe, scan, test the vulnerability of or breach the authentication measures of the Websites or any related networks or systems or take any action to bypass any measures OpenDNS may use to prevent or restrict access to the Websites.

• Don’t use any robot, spider, scraper, or other automated or manual means to access the Websites, or copy any Content or information on the Websites.

• Don’t use a Website for any unlawful, unauthorized, fraudulent or malicious purpose or in a manner that could interfere with any other party’s use and enjoyment of the Websites.

OpenDNS reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or Services account. OpenDNS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Subject to our Privacy Policy, OpenDNS reserves the right at all times to disclose any information as OpenDNS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OpenDNS’ sole discretion.

8. No Monitoring Obligation.

OpenDNS neither actively monitors general use of the Websites under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through the Websites. To the extent that any of the Content included in the Websites is provided by users or third party content providers, OpenDNS has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on a Website are those of such users or third party suppliers. OpenDNS does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on the Websites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with OpenDNS. Notwithstanding the foregoing, OpenDNS does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in OpenDNS’ sole discretion, may be illegal, may subject OpenDNS to liability, may violate these Website Terms of Use, or are, in the sole discretion of OpenDNS, inconsistent with OpenDNS’ purpose for these Websites. OpenDNS may also use analytical monitoring as described in our Privacy Policy in connection with our Websites.

9. Digital Millenium Copyright Act.

OpenDNS has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of OpenDNS’ Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed below. It is OpenDNS’ policy to (1) block access to or remove Content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the service to repeat offenders.

If you believe that any Content on either Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at contact@opendns.com(“Designated Agent”) with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.  Once receiving proper notice, if the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed above: If a counter-notice is received by the Designated Agent, OpenDNS’ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OpenDNS’ discretion.

Please contact OpenDNS’ Designated Agent to Receive Notification of Claimed Infringement at the following address: contact@opendns.com.

10. Links to Third Party Websites.

The Websites may contain hyperlinks to other sites owned and operated by parties other than OpenDNS. Such hyperlinks are provided only for ready reference, ease of use, commerce and other such uses as desired by our users.  We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event a Website provide hyperlinks to other websites that are not owned, operated or maintained by OpenDNS, you acknowledge and agree that OpenDNS is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. OpenDNS is under no obligation to maintain any link on the Websites and may remove a link at any time in its sole discretion for any reason whatsoever. OpenDNS shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.  OpenDNS is not responsible for the privacy practices of any other websites.

11. Termination and Suspension.

OpenDNS may terminate or suspend your access to all or any part of the Websites as it may deem appropriate in response to actual or suspected violations of these Website Terms of Use if OpenDNS reasonably concludes that you are in material breach or these Website Terms of Use,  using the Websites to engage in illegal activity or otherwise causing immediate, material and ongoing harm to OpenDNS or others.  OpenDNS also reserves the right to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Websites or any subscription to the Websites, in whole or in part, including, but not limited to, as OpenDNS deems necessary for purposes of maintenance, upgrades and the like, to maintain the Website or to comply with applicable law.  OpenDNS shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Websites or subscriptions to the Websites and shall have no obligation to refund any fees paid pursuant to this Agreement.

12. Warranty Disclaimer.

Content and other information contained on these Websites have been prepared by OpenDNS as a convenience to its users and are not intended to constitute advice or recommendations upon which a user may rely. OpenDNS 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 the Content or other information contained in or linked to the Websites maintained by OpenDNS. Users relying on Content or other information from these Websites do so at their own risk. YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND OPENDNS 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. OPENDNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS MAKE NO WARRANTY THAT THE CONTENT OR THE WEBSITES ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY PROBLEMS ENCOUNTERED WILL BE CORRECTED.

13. Limitation of Liability.

IN NO EVENT SHALL OPENDNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO YOUR USE OF THE WEBSITES OR CONTENT (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 OPENDNS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE WEBSITE TERMS OF USE OR THE USE OF THE WEBSITES EXCEED FIFTY DOLLARS ($50.00).  Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

14. Indemnification.

You agree to defend, indemnify and hold harmless OpenDNS, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to (i) your unauthorized or unlawful use of the Websites or Content or (ii) your breach of these Website Terms of Use as stated herein or .

15. Force Majeure.

OpenDNS 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 such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

16. Notices.

Any notices to you from OpenDNS regarding the Websites or these Website Terms of Use will be posted on the Websites. Any notice or communication that you desire or are required to send OpenDNS under these Website Terms of Use should be sent to OpenDNS through one of the means listed in the Contacting Us section below.

17. Entire Agreement.

These Website Terms of Use constitutes the entire agreement between OpenDNS and you in connection with your use of this Website and the Content and supersedes any prior agreements between OpenDNS and you regarding use of the Websites, including prior versions of these Website Terms of Use.

18. Governing Law; Jurisdiction; Venue; Severability of Provisions; Disputes.

The Website Terms of Use are governed by the laws of the State of California, USA and the federal U.S. laws applicable therein, excluding its choice  of law provisions.  All parts of these Website Terms of Use apply to the maximum extent permitted by law.  We both agree that if we cannot enforce a portion of these Website Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Website Terms of Use will not affect the validity and enforceability of the remaining provisions.  The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises.  Any claim or dispute arising out of or relating to these Website Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in San Francisco County, California, and you hereby consent and submit to the personal jurisdiction of such courts. In any action or proceeding to enforce rights under these Website Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

19. Contacting Us.

If you have any questions or concerns about these Website Terms of Use, please contact us at contact@opendns.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

OpenDNS
145 Bluxome Street
San Francisco, CA  94107
Or by phone at 415-344-3200

These Website Terms of Use were last updated and posted on November 12, 2012.