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.
2. Modification of Websites and Terms.
3. Website Use Rights and Restrictions; All Rights Reserved.
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.
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.
8. No Monitoring Obligation.
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 email@example.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: firstname.lastname@example.org.
10. Links to Third Party Websites.
11. Termination and Suspension.
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.
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.
17. Entire Agreement.
18. Governing Law; Jurisdiction; Venue; Severability of Provisions; Disputes.
19. Contacting Us.
135 Bluxome Street
San Francisco, CA 94107
Or by phone at 415-344-3200