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Effective from April 1st, 2021

Wholesale Services Agreement

Schedule: DNS Services


Internal DNS Zone.
A DNS zone for a domain currently maintained by Service Provider through one of its Registry accreditation.
External DNS Zone.
A DNS Zone for a domain currently maintained by a Registrar other than Service Provider.
  1. 1. Introduction

    This Schedule for DNS Services (“DNS Schedule”) is governed by and subject to the Master Service Agreement and/or Reseller Agreement between Key-Systems GmbH ("Service Provider") and customer ("Customer"). Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. Subject to the terms and conditions of the Agreement, Service Provider will provide to Customer the Services as described below. Customer agrees to the terms of this Schedule and agrees to pay the fees as provided in this Schedule for each Order of Services included in this Schedule. This Schedule is effective as of the date of acceptance (electronically or in writing) by the Customer. The term of this Schedule shall run concurrently with the Term of the Agreement unless terminated earlier.

    The Customer's acceptance (electronically, in writing, or by creating a DNS zone in Service Provider's system) of this DNS Schedule signifies that the Customer has read and understands, acknowledges and agrees to be bound by this DNS Schedule.

    Service Provider may amend, in its sole and absolute discretion, the Terms and Conditions contained in this DNS Schedule from time to time. In this event it will inform the Customer through Service Provider's Services and/or by other means, such as by posting the complete new agreement with the last date of change on Service Provider's Website. The continued use of the DNS Service thirty (30) days following any changes to this Policy will be deemed to constitute Customer's consent to such changes. The operative and effective version of this Policy will be the latest version available on the Website.

  2. 2. DNS Service Description

  3. 2.1 The DNS Service consists of the creation, management and resolution of authoritative DNS queries for any DNS zone operating on Service Provider nameservers.

    The DNS Service includes but is not limited to:

    1. Creation or modification of DNS zones via Web browser or API
    2. URL forwarding (Redirect / Frame)
    3. Email forwarding
  4. 2.2 The Customers acknowledge that Service Provider may exchange relevant information with a third party where necessary to provide DNS Services. For more information see Service Provider's Privacy Policy.

  5. 3. DNS Service Availability, Suspension and Termination

  6. 3.1 DNS Service Availability for Incoming Domain Name Transfers

  7. 3.1.1 The DNS Service is not available during any period of an incoming transfer of a domain name to Service Provider

  8. 3.1.2 Customer acknowledges and agrees that they are solely responsible for creating a zone and/or adding DNS records at Service Provider that were previously utilized at any third-party nameservers prior to the initiation of a domain name transfer or at the latest before completion of the transfer.

  9. 3.1.3 Service Provider has no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with any downtime resulting from Customer's decision to start an incoming transfer of a domain name to Service Provider and cease use of third-party nameservers.

  10. 3.2 DNS Service Availability for Outgoing Domain Name Transfers

  11. 3.2.1 The DNS Service for an Internal DNS zone is available for up to fourteen (14) days after a domain name transfer has completed, then the DNS Service may be terminated at any time.

  12. 3.2.3 Customer acknowledges and agrees that they are solely responsible for the resolution of their domain name upon transferring to another registrar.

  13. 3.2.4 Service Provider has no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with any downtime resulting from Customer's decision to use third-party nameservers or transferring his domain name.

  14. 3.3 DNS Service Availability for Deleted and Expired Domain Names

    The DNS Service for an Internal DNS zone will be maintained for up to fourteen (14) days after a domain name is deleted by the Registry and may be deleted at any time thereafter.

  15. 3.4 DNS Service Availability for External DNS zones

  16. 3.4.1 The DNS Service for an External DNS zone will be available after it has been ordered by the Customer and will be maintained indefinitely until the DNS Service for the External DNS zone is cancelled by the Customer.

  17. 3.4.2 Customer acknowledges and agrees that they are solely responsible for the configuration of the DNS records at their sponsoring registrar to ensure the External DNS zone is used.

  18. 3.4.3 Service Provider is not obliged to check whether the external domain name registration still exists or still uses the DNS records.

  19. 3.5 Suspension and Termination of DNS Service

  20. 3.5.1 Service Provider may defer commencement or suspend the DNS Service being provided to the Customer at any time and for any reason, including but not limited to a deferral or suspension arising as a result of any third-party service provider. Further, Service Provider may reject a Customer's purchase of the DNS Service, or elect to discontinue providing DNS Services, at any time (i) for breach of this DNS Schedule, Service Provider's Terms or any Service Provider policies or agreements; (ii) following the cancellation or termination of your domain name registration with Service Provider; or (iii) as a result of the rejection, suspension or termination of any other services by Service Provider or any third-party service provider. No refund is available for any period of deferral or suspension or termination of DNS Service.

  21. 3.5.2 In the case of a disrupting event outside Service Provider’s control, and additionally if Service Provider has reason to believe that a disrupting event involves or is direct related to the Customer, Service Provider may immediately and without prior notice suspend the DNS Service, as well as, any connected Services, provided to the Customer for maintenance purposes. In that case it will notify the Customer of the disrupting event and of the suspension via Service Provider’s Services within a commercially reasonable time-frame. The Customer hereby acknowledges that they are obliged to assist Service Provider in good faith with the maintenance in the event of such notification.

  22. 4. Acceptable Use

  23. 4.1 The Customer warrants that Customer Zones do not exceed the amount of 1,000 Resource Records.

  24. 4.2. In order to preserve the stability of the DNS infrastructure, Service Provider reserves the right to throttle or deactivate any Zone for which queries exceed 10,000 queries per hour or for which the Customer fails to adhere to the requirements in section 6.4 below.

  25. 4.3. In order to ensure an equitable allocation of resources among all users, Service Provider may, at its sole discretion, require Customers whose zones regularly exceed 2 million queries per month to pay an additional fee for the traffic generated above the limit mentioned above.

  26. 4.4 Service Provider may, at its sole discretion, deactivate DNS zones for domain names that violate the Anti-Abuse Policies of Service Provider.

  27. 5. DNS Resolution

  28. 5.1 Service Provider will use commercially reasonable efforts to ensure the DNS Service delivers 99.99% DNS resolution subject to service availability terms in section three (3) of the DNS Schedule. Service Provider shall not be liable for any consequential or indirect loss or damage caused by the failure of the DNS Service.

  29. 5.2 Customer acknowledges and accepts that use of a DNS zone comes with absolutely no guarantees of service up-time, response time, or DNS resolution and is subject to service availability terms in section three (3) of this Agreement as well as suspension or throttling for excessive query usage as identified in section 3.4 above, as solely determined by Service Provider.

  30. 5.3 DNS Service outages caused or associated with issues such as the following (regardless of whether an internal infrastructure or equipment failure caused or contributed to the interruption of services) do not qualify as failures: (a) Suspension or termination of DNS Services as outlined in section three (3) of this DNS Schedule; (b) Suspension of the DNS Service as a result of malicious and unlawful acts by the Customer or Customer-Clients; (c) DDoS or similar attacks; (d) Third-party software, system and platform failure; (f) Issues resulting from errors or omissions by the Customer; (g) Interruptions caused by the Customer as a result of misuse, custom scripting, coding or the installation of third-party applications; (h) Network conditions in parts of the internet (outside of Service Provider's network); (h) Firewall blocks/bans; (i) Browser or DNS caching issues; (j) Outages related to the reliability of certain programming environments; (k) any other circumstances beyond the control of Service Provider or that are not reasonably foreseeable; or (l) acts of God or force majeure which results in a service interruptions.

  31. 5.4. Scheduled Maintenance:

    Service Provider may from time to time schedule maintenance on its infrastructure. When Service Provider schedules a maintenance, the Customer will be notified in advance through Service Provider's DNS Service and/or by other means such as via email. The maintenance period shall not be considered as an error, failure or downtime of the DNS Service.

  32. 5.5. No Liability

    The Customer acknowledges that Service Provider is neither responsible nor liable for any damage, loss of information or any other loss in conjunction with a service failure or with any failure mentioned in this section of the DNS Schedule.

  33. 6. Customers Obligations

  34. 6.1. The Customer ensures to keep the Customer's zone(s) updated and configured during the term of this DNS Schedule.

  35. 6.2. The Customer needs to cooperate with Service Provider with regard to the DNS Service, in particular to provide Service Provider with reasonable access and accurate information in a timely manner and make necessary technical changes or ensure that these changes are made by their contracted third party upon Service Provider's request related to the DNS Service.

  36. 6.3. The Customer is responsible to provide accurate data and update their information immediately after any change.

  37. 6.4. It is the duty of the customer to delete external DNS zone records that are no longer needed. Customer will remain fully liable for payment of the service fees for any external DNS Zone that is not deleted by the Customer in his/her account, regardless of whether the associated domain is still registered, owned or managed by the customer or whether the Service Provider nameservers are still listed as authoritative for the domain at the Registry.

  38. 6.5 The Customer warrants that the use of the DNS Service, will comply with this DNS Schedule and all applicable local, state, national and international laws, rules and regulations and the Anti-Abuse-Policies of Service Provider. In particular, the DNS Service shall not be used in connection with the promotion of, encouragement of or engagement in or for the purpose of:

    1. Transmission of unsolicited email (Spam) or other unsolicited bulk email, or computer or network hacking or cracking;
    2. Transmission of repetitive, high volume inquiries into any of the Services provided by Service Provider (i.e. domain name availability, etc.);
    3. Use that is illegal, potentially illegal, or promotes or encourages illegal activity;
    4. Collection, storage or distribution of Child Abuse Material or other exploitation of children;
    5. Terrorism, violence against people, animals, or property;
    6. The sale or distribution of prescription medication without a valid prescription, or advertisement for such services;
    7. Infringes on the intellectual property rights of any other person or entity;
    8. Distribution of content that is generally objectionable in the Internet community;
    9. Violation the privacy or publicity rights of any other person or entity, or breaches any duty of confidentiality that they owe to any other person or entity;
    10. Interferes with the operation of this Website or the Services;
    11. Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
    12. Distribution of content that constitutes a legal risk to Service Provider; or
    13. Distribution of content that contains false or deceptive language, or unsubstantiated or comparative claims, that degrades the quality, goodwill, reputation, or provision of Service Provider or Service Provider’s Services.
  39. 7. Service Provider's Obligations

  40. 7.1. Service Provider shall provide the DNS Service according to the terms of the DNS Schedule.

  41. 7.2. Service Provider shall provide the Customer support for inquiries related to the DNS Service.

  42. 7.3. Service Provider is not responsible to provide any support to the Customer with regard to access or use of third-party nameservers.

  43. 8. Term of the DNS Schedule and Effect of Termination

  44. 8.1 Term

    The Term of this DNS Schedule shall initiate as of the date of acceptance (electronically, in writing of the DNS Schedule, creation of a DNS zone by the Customer, and/or the first day of the order/purchase of a Service by the Customer) and apply until terminated.

  45. 8.2. Termination by the Customer

    The Customer may terminate this DNS Schedule by deleting the DNS Zone in his account and removing the Service Provider Nameservers from the whois record of the domain associated with the DNS zone.

  46. 8.3. Termination by Service Provider

  47. 8.3.1. Service Provider may terminate this DNS Schedule by providing the Customer with 30 calendar days’ written notice.

  48. 8.3.2. If Service Provider has, at its sole discretion, reason to believe that the Customer is in breach of its obligations stated in this DNS Schedule and/or violates Agreement and/or the Terms in particular the Anti-Abuse Policy, Service Provider has the right without prior notice to proceed with necessary actions including, but not limited to the following:

    1. suspension of the DNS Service
    2. termination of the DNS Schedule
    3. If Service Provider has, at its sole discretion, reason to believe that the Customer is using the DNS Service:
      • contrary to the law
      • in violation of the Anti-Abuse Policy
      • is in breach of its obligations stated in Section six (6) of this DNS Schedule
      • otherwise materially abuses any of the Services
  49. 8.3.3 Service Provider shall have no liability towards the Customer or any third party regarding any inaction or action taken in connection with this Section (8.3.)

  50. 8.4. Effect of Termination of DNS Schedule

  51. 8.4.1. The terms of this DNS Schedule which by their nature continue beyond the termination of this DNS Schedule will continue to be effective (including the terms relating to Payment, Termination and the Terms of the Agreement).

  52. 8.4.2. The DNS Service will be terminated for all Customer's zone(s) after the termination date. When the termination of this DNS Schedule becomes effective, the Customer is responsible to ensure the Customer's zones are deleted. If the Customer does not remove the Customer's zones, the Customer hereby agrees that Service Provider has the right to take action, such as stop DNS resolution, to redirect or respond differently to DNS queries in order to stop the service or to delete the DNS zones.

  53. 8.4.3. Service Provider is further not responsible for discontinuing the DNS Service, removing the data on Customer zone(s) and getting in contact with any third party in order to redirect name server delegation of the DNS for the respective Customer's zone(s).

  54. 9. Pricing and Payment

  55. 9.1. The terms of Pricing and Payment of the DNS Service shall be in accordance to the terms published by Service Provider on its website, Control Panel and/or incorporated in the General Terms of Service Agreement, the Reseller Agreement and the Wholesale Master Agreement.

  56. 9.2.Should the Customer's account have insufficient funds to pay for and process the renewal of a DNS zone, Customer acknowledges that Service Provider may suspend or terminate the service for any DNS zone for which payment in full is not received within fourteen (14) days from the last failed attempt to charge the renewal fee.