1. Scope of this Service
Brandsec shall provide DNS services that consist of the creation, management and resolution of authoritative DNS queries for any DNS zone operating on the Brandsec’s nameservers (collectively, the “Services”), to the Customer in accordance with the terms and conditions set forth in this Order.
a. The included queries per month is for all zones within the Customer’s account; there is no individual domain or zone pricing.
a. The Customer will contract to a minimum purchase level of queries and so there is no rebate if the Customer use less queries than the level in any given month.
b. The Customer will pay the price per month for the included number of queries and any excess will be calculated at the excess price rounded up to the nearest million.
c. The Customer can increase its included queries level as many times as the Customer chooses in any 12 month period with an adjustment to the price per month.
d. The Customer can only decrease their included queries per month once in any 12-month period.
e. Supported record types are provided on request.
f. A query response to any record type counts as one query when calculating the number of queries per month.
2. Term of this Order
The term of this Order shall commence upon the date hereof and shall continue for one (1) year (the “Initial Term”). The Initial Term will automatically renew for this Agreement for one (1) year period (each a “Renewal Term”) unless either Party terminates the Agreement by providing thirty (30) days written notice prior to the end of the Initial Term or then-current renewal term (the initial term and any renewal term(s) shall constitute the “Term”).
3. Service Levels
Brandsec will use commercially reasonable effort to provide the DNS services without a service outage. Brandsec, in its sole but reasonable discretion, shall determine whether a Service Outage occurred based on its records and data.
a. 99.9998% uptime for Ultra DNS.
b. The assigned network within the service shall not fail to respond to authoritative DNS queries for more than 5 consecutive minutes in any calendar month.
c. Ultra DNS query response time shall be an average of less than 100ms in any calendar month for any account.
d. Query packet loss shall be an average of less than 1% in any calendar month.
e. The AXFR/IXFR mechanism shall be functionally available and processing AXFR/IXFR requests greater than or equal to 99.9% of the time in any given calendar month.
Failure of an SLA shall not be considered a service outage when any of the following exceptions apply:
a. Non-performance or negligent or unlawful acts of omissions by Customer or Customer’s agents.
b. Problems or delays associated with domain name registrars.
c. Unavailability of Customer’s network or the network of the party conducting the query, including that resulting from telecommunication failures.
d. Problems or delays associated with third party networks or networks outside the DNS Services Network.
e. Force majeure events or denial-of-service attack (e.g., synchronized number sequence attacks) or similar, malicious, attack on the Brandsec or Brandsec’s partner’s network, authorized agents or suppliers.
f. Suspension or termination of the services by Brandsec in accordance with the terms of the quote.
g. Inaccurate and/or insufficient information or configuration information provided by the Customer.
h. The queried hostname receives less than 1000 queries per day.
i. Scheduled maintenance.
4. Payment Terms
Ultra DNS pricing will be provided in a quote. The payment terms are defined in our Standard Terms & Conditions.
Customer acknowledges and agrees that Brandsec shall, as soon as practicable hereafter, as applicable per Customer’s current invoicing process, an amount equal to:
a. the monthly fee set forth in this Order plus
b. any accrued but unpaid Excess Pricing fees due under the Agreement.
5. Warranties and disclaimers
Customer represents and warrants that it has all right, title and interest to use any of the data it provides as part of the Services (“Data”).
Customer represents and warrants that it will not utilize (or allow utilization of) the Services in any manner that:
a. is prohibited by any law or regulation, including the acceptable use policies;
b. will disrupt third parties use or enjoyment of the Services;
c. neither customer nor any of its respective Brandsec, licensors, employees or agents, makes any warranty as to the results to be obtained from use of the services;
d. the Services are purchased on the sole basis of this warranty and customer and its licensors specifically disclaim all other warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise.
6. Acceptable use
Customer agrees to use the Services for lawful purposes only. Customer agrees not to use the Services for any of the unacceptable purposes set forth below (“Abuses”). Brandsec and its licensors reserve the right to terminate Customer’s or end-user’s account or this Agreement if, in Brandsec’s or its licensors’ reasonable determination:
a. A domain hosted by Brandsec or its licensors for Customer or an end user is found to be pointing or otherwise directing traffic to any material in violation of any applicable law or regulation.
b. Customer or an end user uses the Service(s) to point to web sites or locations that create,
transmit, distribute or store material that: violates trademark, copyright, trade secret or other intellectual property laws; violates the privacy, publicity or other personal rights of others; violates EU or U.S. export control laws; impairs the privacy of communications; may be threatening, abusive or hateful; or encourages conduct that would constitute a criminal offense or gives rise to civil liability.
c. Further, any misuse of the Services or resources that disrupts the normal use of Brandsec’s or its licensor’s systems is strictly prohibited. Abusive uses, including facilitating, aiding or encouraging such uses, may lead to termination of Customer’s or an end user’s account or this Agreement.
d. Any attempts to penetrate Partner or its licensors security will result in the immediate termination of Customer’s account and Agreement without notice, as well as notification of appropriate law-enforcement agencies.
e. The following violations are grounds for immediate suspension of Service(s) pending an investigation and will result in termination of the account(s) and agreement(s) if, in Brandsec’s or its licensors’ sole judgment, that Customer or its end users have originated or is any way responsible for such activities:
i. posting article(s) or substantively similar article(s) to an excessive number of newsgroups using a partner, or its licensors, -hosted domain, or posting such messages through the Service; and
ii. sending unsolicited e-mailings, whether or not such activities provoke complaints from the recipients.
f. Customer is entirely responsible for all content or information directly or indirectly delivered to or passed through Brandsec or its licensors. Brandsec and its licensors exercise no control over, and accepts no responsibility for such content or information, including, without limitation, content provided on any third-party Web sites linked to the Brandsec Web Site. Any such links are provided for informational purposes only and not as an endorsement by Brandsec or its licensors of the contents of such Web sites. Brandsec or its licensors do not adopt nor warrant the accuracy of or the content of any linked Web site.
g. Brandsec or its licensors reserve the right to suspend or terminate access to the Service(s) upon notice to Customer for any Abuses. Failure to promptly correct such Abuses and comply with the policy in this section may result in termination of account(s) with no refunds offered. Indirect or attempted violations of this section, and actual or attempted violation by a third party, shall be considered violation of this policy section.
7. Limitations and Indemnity
a. Customer recognizes that the internet consists of multiple participating networks which are separately owned and therefore are not subject to the control of the Brandsec or its licensors. Malfunction of, or cessation of internet services by ISPs or of any of the networks which form the internet may make the services temporarily or permanently unavailable.
b. Customer agrees that Brandsec and its licensors shall not be liable for damages incurred or sums paid when the services are temporarily or permanently unavailable due to malfunction of or cessation of internet services by network (s) or ISPs not subject to the control of Brandsec or its licensors, or due to any accident or abuse by customer.
c. Brandsec is not liable for any breach of security on the Customer’s network, regardless of whether any remedy provided in this agreement fails of its essential purpose. Neither Brandsec nor its licensors nor anyone else involved in creating, producing, delivering (including suspending or discontinuing service) or supporting the service shall be liable to Customer, any representative, or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of use of the Service or inability to use the Service (including catastrophic situations beyond the control of Brandsec or its suppliers and
licensors), including, without limitation, lost revenue, lost profits, loss of technology, rights or services, even if advised of the possibility of such damages, whether under theory of contract or tort (including negligence, strict liability or otherwise).
d. Customer agrees that it will not in any way hold Brandsec or its licensors responsible for transmission errors in, corruption of, or the security of Customer’s information carried over interexchange carriers’, local exchange carriers’, or other Brandsec s’ facilities.
e. Customer agrees that it will not in any way hold Brandsec or its licensors responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the service (including those with whom Brandsec or its licensors may contract to operate the service).
f. Account Misuse. In no event will Brandsec or its licensors be liable for any unauthorized use or misuse of Customer’s account number or password. It is Customer’s responsibility to protect the information provided to it by the Brandsec or its licensors.
Definitions are defined in our Standard Terms & Conditions.