DNS Service Agreement
Last Updated: May 09, 2017 - © HEXONET. All Rights Reserved.
The terms and conditions set forth in the DNS Services Agreement (thereof “Agreement”) apply to HEXONET’s DNS service ( the "Service") and govern the relationship between the users (“User”) of the DNS Services and HEXONET GmbH. ( "HEXONET") with regard to the use of the Service. Each of HEXONET and User are also herein referred to as a “Party” and collectively as the “Parties". This Agreement is made effective as of the date of acceptance (electronically or in writing) by the User.
The provisions of this Agreement are in addition to any terms and conditions that apply to the User's use of the Services under any other HEXONET's policies and/or agreements.
By using this Service, the User consents to the provisions set forth in this Agreement.
The User's acceptance (electronically, in writing, or by creating a dns zone in HEXONET's system) of this Agreement signifies that the User has read and understands, acknowledges and agrees to be bound by this Agreement.
The provisions of this Agreement are in addition to any agreement that apply to the User's use of the Services under other HEXONET’s policies and/or agreements applicable, in particular contingent on the HEXONET Terms & Conditions.
HEXONET may amend, in its sole and absolute discretion, the Terms and Conditions contained in this Agreement from time to time. In this event it will inform the User through HEXONET's services and/or by other means, such as by posting the complete new agreement with the last date of change on HEXONET's Website. The continued use of the Services 30 days following any changes to this Policy will be deemed to constitute User's consent to such changes. The operative and effective version of this Policy will be the latest version available on the Website.
2. Service Description
2.1 The Service consists of the management and resolution of authoritative dns zones operated on nameservers of HEXONET. The DNS service platform was designed to substantially simplify the management of DNS. HEXONET provides the User with the tools to sell this high-margin service either as a standalone or as a valuable add-on option to the User's domain customers.
- Redundant DNS systems across independent data centers
- Create or Modify DNS zones via Web browser or API
- APIs allow for remote access and integration with DNS system
- URL forwarding (Redirect / Frame)
- Email forwarding
- Create “Virtual Nameservers” for private branding
2.3 The User warrants that Customer Zones do not exceed the amount of 1,000 Resource Records. Regarding the Service the User will be limited to 10,000 queries per hour. The User acknowledges that HEXONET reserves the right to deactivate the respective Zone if the queries exceed 10,000 queries per hour.
3. Service Availability
3.1.1. Scheduled Maintenance: HEXONET will schedule maintenance on its infrastructure regularly. When HEXONET schedules a maintenance, the User will be notified in advance through HEXONET's Services and/or by other means such as via email. The maintenance shall not be considered as an error in the Service.
3.1.3. Disrupting event
220.127.116.11 Outages originated outside the infrastructure of HEXONET or outages that occur due to User's misuse of the Service, malicious and unlawful acts by the User and/or third parties and events of force majeure shall not be considered as an error in the Service.
18.104.22.168. In the case of a disrupting event outside HEXONET’s control, and additionally if HEXONET has reason to believe that a disrupting event involves or is direct related to the User, HEXONET may immediately and without prior notice suspend the Service, as well as, any connected Services, provided to the User for maintenance purposes. In that case it will notify the User of the disrupting event and of the suspension via HEXONET’s service within a reasonable timeframe. The User hereby acknowledges that they are obliged to assist HEXONET in good faith with the maintenance in the event of such notification.
3.2. No downtime-liability
3.2.1. The User acknowledges that HEXONET is neither responsible nor liable for any damage, loss of information or any other loss in conjunction
3.2.2. with any downtime mentioned in the prior section
3.2.3. with any downtime that is caused by the transition from third-party DNS sevices to HEXONET's services
4.1. HEXONET grants the User a non-exclusive, royalty-free, worldwide, revocable license to use the Service. This license shall solely be used in conjunction with the Services and this Agreement and hence strictly in accordance with the provisions of this Agreement.
4.2. The User consents that HEXONET retains all rights of Intellectual Property, such as software, data, infrastructure, ideas, content, techniques and processes.
4.3. The User grants HEXONET a limited, non-exclusive license to use the Customer Zone(s) in order to provide the Service.
5. Users Obligations
5.1. The User ensures to keep the Customers Zone(s) updated and configured during the term of this Agreement.
5.2. The User needs to cooperate with HEXONET with regard to the Services, in particular to provide HEXONET 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 HEXONET's request related to the Service.
5.3. The User is responsible to provide accurate data and update their information immediately after any change.
5.4. The User warrants that the use of the Services, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The User shall refrain from Using the Services in a manner that:
- Transmits unsolicited email (Spam);
- Transmits repetitive, high volume inquiries into any of the Services provided by HEXONET (i.e. domain name availability, etc.);
- Is illegal, potentially illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of any other person or entity;
- Generally objectionable in the Internet community;
- Violates 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;
- Interferes with the operation of this Website or the Services;
- 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; or
- Is a legal risk to HEXONET;
- Contains false or deceptive language, or unsubstantiated or comparative claims, that degrades the quality, goodwill, reputation, or provision of HEXONET or HEXONET’s Services.
6. HEXONET's Obligations
6.1. HEXONET shall provide the Service according to this agreement.
6.2. HEXONET shall provide customer support for inquiries related to the Service. 7. Term of the Agreement
7.1.1. The Term of this Agreement shall initiate as of the date of acceptance (electronically, in writing of the Agreement and/or the first day of the order and/or purchase of a Service by the User). 7.2. Termination by the User
7.2.1. The User may terminate this Agreement by providing HEXONET with 30 calendar days’ written notice.
7.2.2. The User may terminate this Agreement immediately if HEXONET is in material breach of this Agreement and the material breach is not remedied within 15 calendar days of HEXONET receiving a written notice to cure from the User.
7.3. Termination by HEXONET
7.3.1. HEXONET may terminate this Agreement by providing the User with 30 calendar days’ written notice.
7.3.2. If HEXONET has, at its sole discretion, reason to believe that the User is in breach of its obligations stated in this Agreement and/or violates the General Terms of Service in particular the Rules of Conduct in these terms, HEXONET has the right upon prior notice to proceed with necessary actions including, but not limited to the following
22.214.171.124. suspension of the Service
126.96.36.199. termination of the Agreement
7.3.3. If HEXONET has, at its sole discretion, reason to believe that the User acts
188.8.131.52. contrary to the law
184.108.40.206. is in breach of its obligations stated in Section 5 of this Agreement
220.127.116.11. materially abuses the Service
HEXONET has the right to proceed, unlike the previous term, without prior notice with necessary actions, such as the suspension of the DNS-Zone.
7.3.4. HEXONET shall have no liability regarding any inaction or action taken in connection with this Section (7.3.)
7.4. Effect of Termination Upon expiration or termination of this Agreement
7.4.1. The terms of this Agreement which by their nature continue beyond the expiration or termination of this Agreement will continue to be effective (including the terms relating to Payment, Termination, Intellectual Property, Limitation of liability, Indemnity, Confidential Information, and Governing law).
7.4.2. The Services will be terminated for all Customer Zone(s) after the expiration/termination date. When the termination of this Agreement becomes effective,the User is responsible to delete the Customer Zone(s). If the User does not remove the Customer Zones, the User hereby agrees that HEXONET has the right to take action, such as interrupt DNS queries which will stop the DNS resolution or redirect or respond differently to such DNS Queries in order to stop the service.
7.4.3. HEXONET is not responsible to provide any support to the User to access third party DNS Services.
7.4.4. HEXONET is further not responsible for discontinuing the Services, removing the data on such 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 Zone(s).
The User will indemnify, defend, and hold harmless HEXONET (including HEXONET’s Affiliates, directors, officers, managers, employees, contractors, and agents) from and against any claim, action, loss, liability, damage, penalty, cost or expense (including reasonable legal fees for attorneys, witnesses, and defense) that HEXONET may suffer or incur as a result of:
- Any failure by the Users to comply with the terms of this Agreement;
- Any representation or warranty in connection with the Services made by the Users, their employees, contractors, or agents being false or misleading;
- Any gross negligence or willful misconduct by the Users, their employees, contractors, or agents;
- Any Chargeback or;
- Any alleged or actual violations by the Users for any law, regulation or rule;
The User acknowledges and agrees that they shall have no right to seek, and shall not seek, any indemnification directly from HEXONET.
9. Disclaimer and Force Majeure
HEXONET makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the applications, software, data, or information related to the network, systems, or other services of HEXONET or its third party providers. HEXONET provides all the Services “as is”, “where is” and “as available” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. The User understands, acknowledges and agrees that they will use the Services, and all aspects thereto at their sole risk.
HEXONET will not be liable for delays in its performance of this Agreement caused by circumstances beyond its reasonable control (“Force Majeure”), including acts of God, wars, riots, national disasters, earthquakes, strikes, fires, floods, shortages of labor or materials, labour disputes, transportation problems, accidents or governmental restrictions. HEXONET will make all reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.
10. Pricing and Payment
10.1. The terms of Pricing and Payment of the Service shall be in accordance to the terms published by HEXONET on its website, Control Panel and/or incorporated in the General Terms of Service Agreement provided by HEXONET.
10.2. In the event that the User's domain registration expires within the term the services have been purchased for, the User is obliged to pay the full fee. .
11. Limitation of Liability - Waiver and Release
HEXONET will not be liable to the User for any consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out of or relating to this Agreement or the Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, minor negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if HEXONET has been advised of the possibility of such damages. Under no circumstances will HEXONET’s aggregate liability to the User or any third party arising out of or related to this Agreement or the Services exceed the aggregate amount of fees paid hereunder regardless of the cause of action.
Further, HEXONET assumes no liability or responsibility for Users failure to receive email notifications if such failure is a result of an inaccurate email address or Account contact information.
12. No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any of the provisions of this Agreement are held to be invalid or in-executable in whole or in part, all other provisions will nevertheless continue to be valid and in-executable with the invalid or in-executable parts severed from the remainder of this Agreement.
14. Contact Information
For further assistance or guidance with regard to the Agreement and/or the Services, the User may contact HEXONET via email at http://support@HEXONET.net.