Customer Responsibility

Customers are required to use the DNZOOM, INC. network responsibly. This includes respecting the other customers of DNZOOM, INC. DNZOOM, INC. reserves the right to suspend and/or cancel service with any customer who uses the DNZOOM, INC. network in such a way that adversely affects other DNZOOM, INC. customers. While DNZOOM, INC. may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, DNZOOM, INC. does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when DNZOOM, INC. becomes aware of any violation of the Terms of Use (”TOU”) or other user agreements, DNZOOM, INC. may take any action to stop or correct such violation, including, but not limited to, denying access to DNZOOM, INC.’s services and equipment or to the Internet. In addition, DNZOOM, INC. may take action against a customer or a customer of such customer because of the activities of such customer. DNZOOM, INC. anticipates that customers who offer Internet services will cooperate with DNZOOM, INC. in any corrective or preventive action that DNZOOM, INC. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DNZOOM, INC. policy and DNZOOM, INC. reserves the right to take any such action even though such action may affect other customers of the DNZOOM, INC. customer.

Actions Taken by DNZOOM, INC.

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. DNZOOM, INC. will be the sole arbiter as to what constitutes a violation of the TOU. DNZOOM, INC. reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When DNZOOM, INC. becomes aware of an alleged violation of its TOU, DNZOOM, INC. will initiate an investigation. During the investigation, DNZOOM, INC. may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, DNZOOM, INC. may, at its sole discretion, restrict, suspend, or terminate a customer’s Domain Management account and/or pursue other civil remedies. If such violation is a criminal offense, DNZOOM, INC. will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. DNZOOM, INC. does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by DNZOOM, INC..

Indemnification

DNZOOM, INC. customers agree to protect, defend, hold harmless, and indemnify DNZOOM, INC., any third party entity related to DNZOOM, INC. (including, without limitation, third party vendors), and DNZOOM, INC.’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of DNZOOM, INC.’s services.

Disclaimer

The DNZOOM, INC. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. DNZOOM, INC. expressly disclaims any representation or warranty that the DNZOOM, INC. service will be error-free, secure or uninterrupted. No oral advice or written information given by DNZOOM, INC., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. DNZOOM, INC. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, DNZOOM, INC. may immediately terminate provision of DNZOOM, INC.’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against DNZOOM, INC. in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL DNZOOM, INC. (INCLUDING, WITHOUT LIMITATION, DNZOOM, INC.’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING DNZOOM, INC.’S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR DNZOOM, INC. SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY DNZOOM, INC. SERVICES EVEN IF DNZOOM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DNZOOM, INC.’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR DNZOOM, INC.’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY DNZOOM, INC. OR DNZOOM, INC.’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

DNZOOM, INC. may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with DNZOOM, INC.’s services. Certain changes to DNZOOM, INC.’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and DNZOOM, INC. is not liable, for any and all such personalized applications and content, except as expressly agreed to by DNZOOM, INC..

Backup of Data

Except where DNZOOM, INC. has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and DNZOOM, INC. is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with DNZOOM, INC. services.

Third Party Licenses

DNZOOM, INC. makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, DNZOOM, INC. makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, DNZOOM, INC. specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold DNZOOM, INC. liable in any way for the revocation of any license, which has been licensed to DNZOOM, INC. The use of the Technologies obtained from or through DNZOOM, INC., or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-DNZOOM, INC. Products

Any mention of non-DNZOOM, INC. products by DNZOOM, INC., its employees, or any third party entity related to DNZOOM, INC. is for information purposes only and does not constitute an endorsement or recommendation by DNZOOM, INC. DNZOOM, INC. disclaims any and all liabilities for any representation or warranty made by the vendors of such non-DNZOOM, INC. products or services.

DNZOOM, INC.’s Intellectual Property

Customers will not, without DNZOOM, INC.’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on DNZOOM, INC.’s Web site, and customers will not use any of DNZOOM, INC.’s trademarks, service marks, copyrighted materials, or other intellectual property without DNZOOM, INC.’s express written consent. Customers will not, in any way, misrepresent their relationship with DNZOOM, INC. attempt to pass themselves off as DNZOOM, INC. or claim that customers are DNZOOM, INC.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for DNZOOM, INC.’s services, either in whole or in part, without the prior written consent of DNZOOM, INC.

Minimum Age Requirement

DNZOOM, INC. customers must be at least 18 years of age. Any individual under the age of 18 years (”Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a DNZOOM, INC. customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for DNZOOM, INC. services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains DNZOOM, INC.’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for DNZOOM, INC.’s services will be deemed null and void to the extent that DNZOOM, INC. will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of DNZOOM, INC.’s services.

Governing Law and Severability

The TOU, and any other agreement for DNZOOM, INC. services, will be governed by and construed in accordance with the laws of the State of Kentucky, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and DNZOOM, INC. will take place in Kentucky, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other DNZOOM, INC. agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

DNZOOM, INC. will not be liable for delays in its performance of the TOU or DNZOOM, INC. services caused by circumstances beyond DNZOOM, INC.’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). DNZOOM, INC. will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the TOU or other agreement for DNZOOM, INC. services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of DNZOOM, INC.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between DNZOOM, INC. and its customers. Each of DNZOOM, INC. and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for DNZOOM, INC. services, constitutes the complete understanding and agreement between DNZOOM, INC. and its customers. This TOU is subject to change at any time within the confines of applicable law at the discretion of a majority of the Board of Directors of DnZoom, Inc. Except when expressly agreed to the contrary in signed writing by an authorized representative of DNZOOM, INC., the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for DNZOOM, INC. services is between DNZOOM, INC. and its customers only and will not confer any rights in any third party except as otherwise expressly provided by DNZOOM, INC..

Support Serviced & Privacy

DNZOOM, INC. may provide you with support services related to the online domain management solution. Use of any such support services is governed by the DNZOOM, INC. policies and programs described in “online” documentation and/or other DNZOOM, INC.-provided materials. Any supplemental software code or related materials that DNZOOM, INC. provides to you as part of the online domain management solution is to be considered part of same online domain management solution and is subject to the terms and conditions of this TOU. With respect to any technical information you provide to DNZOOM, INC. as part of the support services, DNZOOM, INC. may use such information for its business purposes without restriction, including for product support and development. DNZOOM, INC. will not use such technical information in a form that personally identifies you. DNZOOM, INC. hereby commits not to share certain user data with any non-DNZOOM, INC. Partners.

CONTACT INFORMATION

If you have any questions about this Terms of Use Agreement, or if you want to contact DNZOOM, INC. for any reason, please direct all correspondence to:

DNZOOM, INC.

201 E Jefferson Street, Suite 205

Louisville, KY 40202

or email: sales (at) dnzoom.com.

DNZoom, DNZoom, Inc. and DNZOOM, INC. are trademarks of DNZOOM, INC.

All assets of DNZoom are the property of Bido, LLC, Florida, USA.