DNS Service Agreement | Canada | HEXONET

DNS Service Agreement

Last Updated: October 15, 2018 - © HEXONET. All Rights Reserved.

1. Introduction

The terms and conditions set forth in the DNS Service Agreement (thereof “Agreement”) apply to HEXONET’s DNS service ( the "Service") and govern the relationship and use between the users (“User”) of the Service and HEXONET GmbH. ( "HEXONET"). 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 agreement that apply to the User's use of any service under other HEXONET’s policies and/or agreements applicable, in particular contingent on the HEXONET's Terms of Service.

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.

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 Service 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 Service thirty (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 creation, management and resolution of authoritative DNS queries for any DNS zone operating on HEXONET nameservers. Users can create two types DNS zones - Basic DNS zone (free, without a service guarantee and with limitations) and Premium DNS zone (paid plan with additional features, higher DNS query limits, and a service level guarantee). HEXONET also provides Resellers with the tools to sell the Service either as a standalone or as a valuable add-on option to their domain name registrants/owners. The Service includes but is not limited to:

  1. Create or Modify DNS zones via Web browser or API
  2. APIs allow for remote access and integration with DNS system
  3. URL forwarding (Redirect / Frame)
  4. Email forwarding
  5. Create “Virtual Nameservers” for private branding

2.2 The Users acknowledge that HEXONET may exchange relevant information with a third service within the scope of providing the Service. For more information see HEXONET's Privacy Policy.

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, Suspension and Termination

3.1 Service Availability for Incoming Domain Name Transfers

3.1.1 The Service is not available during any period of an incoming transfer of a domain name to HEXONET

3.1.2 User acknowledges and agrees that they are solely responsible for creating a zone and/or adding DNS records at HEXONET 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.

3.1.3 HEXONET 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 User's decision to start an incoming transfer of a domain name to HEXONET and cease use of third-party nameservers.

3.2 Service Availability for Outgoing Domain Name Transfers

3.2.1 The Service for a Basic DNS zone is available for up to fourteen (14) days after a domain name transfer has completed, then the Service will terminate.

3.2.2 The Service for a Premium DNS zone is available during an outgoing domain name transfer as long as respective Premium DNS plan is still active and paid.

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

3.2.4 HEXONET 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 User's decision to use third-party nameservers.

3.3 Service Availability for Deleted and Expired Domain Names

3.3.1 The Service for a Basic DNS zone is available for up to fourteen (14) days after a domain name is deleted, then the Service will terminate.

3.3.2 The Service for a Basic DNS zone is available for up to one (1) day, then suspended and Parked, following the expiration of a domain name having a renewal grace period, where the domain name renewal mode is set to auto-expire or auto-delete, or if a domain name renewal mode is set to auto-renew, but the User's account has insufficient funds to pay for and process a domain name renewal.

3.3.3 The Service for a Premium DNS zone is available, even if the respective domain name is deleted, for up to fourteen (14) days following its Premium DNS plan expiration, after which the Service will terminate.

3.3.4 The Service for a Premium DNS zone is available for up to one (1) day, then suspended and Parked, following the expiration of the respective domain name having a renewal grace period, where the domain name renewal mode is set to auto-expire or auto-delete, or if a domain name renewal mode is set to auto-renew, but the User's account has insufficient funds to pay for and process a domain name renewal.

3.4 Suspension and Termination of Service

3.4.1 HEXONET may defer commencement or suspend the Service being provided to the User 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, HEXONET may reject a User's purchase of the Service, or elect to discontinue providing Service, at any time (i) for breach of this Agreement, HEXONET's Terms of Service Agreement or any HEXONET policies or agreements; (ii) following the cancellation or termination of your domain name registration with HEXONET; or (iii) as a result of the rejection, suspension or termination of Service by HEXONET or any third-party service provider. No refund is available for any period of deferral or suspension or termination of Service.

3.4.2 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 Service, 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 commercially reasonable time-frame. The User hereby acknowledges that they are obliged to assist HEXONET in good faith with the maintenance in the event of such notification.

4. DNS Resolution

4.1. No DNS Resolution Guarantee for Basic DNS

4.1.1 HEXONET will use commercially reasonable efforts to provide the Service. HEXONET shall not be liable for any consequential or indirect loss or damage caused by the failure of the Service.

4.1.2 Customer acknowledges and accepts that use of a Basic 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 for excessive monthly or daily query usage, as solely determined by HEXONET, for Basic DNS zones.

4.2 DNS Resolution Service Level Agreement for Premium DNS

4.2.1 HEXONET will use commercially reasonable efforts to ensure the Service deliver 99.99% DNS resolution (SLA) subject to service availability terms in section three (3) of this Agreement.

4.2.2 If HEXONET fails to meet the SLA, as solely determined by HEXONET alone, due to an internal infrastructure or equipment failure resulting in a failure of the Service to respond to DNS queries, User may be eligible to receive an Account credit calculated as the prorated Service fee for each day of downtime up to a maximum of 30 days per 12 month period by submitting a support ticket to HEXONET within the first three (3) calendar days after a DNS resolution failure event.

4.2.3 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 Service interruption) do not qualify as failures:

  1. Service suspension or termination as outlined in section three (3) of this Agreement;
  2. User exceeds the monthly query limit for the respective Premium DNS plan associated with a Premium DNS zone;
  3. Suspension of the Service as a result of malicious and unlawful acts by the User;
  4. DDoS or similar attacks on HEXONET servers;
  5. Third-party software, system and platform failure;
  6. Issues resulting from errors or omissions by the User;
  7. Interruptions caused by the User as a result of misuse, custom scripting, coding or the installation of third-party applications;
  8. Network conditions across the internet (outside of HEXONET's network), such as between User's ISP and HEXONET's data centers;
  9. Firewall blocks/bans;
  10. Browser or DNS caching issues;
  11. Outages related to the reliability of certain programming environments;
  12. Any other circumstances beyond our control or that are not reasonably foreseeable; or
  13. Any act of God or force majeure which results in a Service failure.

4.2.4 For Premium DNS zones, the SLA shall be the User's sole and exclusive remedy for any defects in, or issues with, the Service. HEXONET shall not be liable for any consequential or indirect loss or damage caused by the failure of the Service.

4.2.5 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 Service and/or by other means such as via email. The maintenance shall not be considered as an error, failure or downtime of the Service.

4.3. No Liability

4.3.1. The User acknowledges that HEXONET 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 Agreement.

5. License

5.1. 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 Service and this Agreement and hence strictly in accordance with the provisions of this Agreement.

5.2. The User consents that HEXONET retains all rights of Intellectual Property, such as software, data, infrastructure, ideas, content, techniques and processes.

5.3. The User grants HEXONET a limited, non-exclusive license to use the User's zone(s) in order to provide the Service.

6. Users Obligations

6.1. The User ensures to keep the User's zone(s) updated and configured during the term of this Agreement.

6.2. The User needs to cooperate with HEXONET with regard to the Service, 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.

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

6.4. The User warrants that the use of the Service, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations and the User shall refrain from using the Service in a manner that:

  1. Transmits unsolicited email (Spam);
  2. Transmits repetitive, high volume inquiries into any of the Service provided by HEXONET (i.e. domain name availability, etc.);
  3. Is illegal, potentially illegal, or promotes or encourages illegal activity;
  4. Promotes, encourages or engages in child pornography or the exploitation of children;
  5. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  6. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  7. Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  8. Infringes on the intellectual property rights of any other person or entity;
  9. Generally objectionable in the Internet community;
  10. 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;
  11. Interferes with the operation of this Website or the Service;
  12. 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;
  13. Is a legal risk to HEXONET; or
  14. Contains false or deceptive language, or unsubstantiated or comparative claims, that degrades the quality, goodwill, reputation, or provision of HEXONET or HEXONET’s Service.

7. HEXONET's Obligations

7.1. HEXONET shall provide the Service according to this agreement.

7.2. HEXONET shall provide the User support for inquiries related to the Service.

8. Term of the Agreement and Effect of Termination

8.1 Term

8.1.1. The Term of this Agreement shall initiate as of the date of acceptance (electronically, in writing of the Agreement, creation of a DNS zone by the User, and/or the first day of the order/purchase of a Service by the User).

8.2. Termination by the User

8.2.1. The User may terminate this Agreement by providing HEXONET with 30 calendar days’ written notice.

8.2.2. 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.

8.3. Termination by HEXONET

8.3.1. HEXONET may terminate this Agreement by providing the User with 30 calendar days’ written notice.

8.3.2. 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:

  1. suspension of the Service
  2. termination of the Agreement
  3. If HEXONET has, at its sole discretion, reason to believe that the User acts:
    • contrary to the law
    • is in breach of its obligations stated in Section six (6) of this Agreement
    • materially abuses the Service

8.3.3 HEXONET has the right to proceed, unlike the previous term, without prior notice with necessary actions, such as the suspension of the DNS zone.

8.3.4 HEXONET shall have no liability regarding any inaction or action taken in connection with this Section (8.3.)

8.4. Effect of Termination Upon expiration or termination of this Agreement

8.4.1. 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).

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

8.4.3. HEXONET is not responsible to provide any support to the User to access or use third-party nameservers.

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

9. Indemnification

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:

  1. Any failure by the Users to comply with the terms of this Agreement;
  2. Any representation or warranty in connection with the Service made by the Users, their employees, contractors, or agents being false or misleading;
  3. Any gross negligence or willful misconduct by the Users, their employees, contractors, or agents;
  4. Any Chargeback or;
  5. 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.

10. 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 Service of HEXONET or its third party providers. HEXONET provides all the Service “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 Service, 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.

11. Pricing and Payment

11.1. 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.

11.2. In the event that the User's domain registration expires within the term the Service have been purchased for, the User is obliged to pay the full fee.

12. 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 Service, 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 Service exceed the aggregate amount of fees paid hereunder regardless of the cause of action.

Further, HEXONET assumes no liability or responsibility for User's failure to receive email notifications if such failure is a result of an inaccurate email address or Account contact information.

13. 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.

14. Enforceability

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.

15. Contact Information

For further assistance or guidance with regard to the Agreement and/or the Service, the User may contact HEXONET via email at http://support@HEXONET.net.