These Specific Terms and Conditions and EuroDNS’ General Terms and Conditions shall be interpreted and applied together as a single instrument (the “Agreement”). All definitions contained within these Specific Terms and Conditions shall have the same meaning as those defined in the General Terms and Conditions.
EuroDNS shall provide the Customer with DNS resolution services (the « ProDNS Services ») as described herein insofar as the Customer has placed an order for such service pursuant to the General Terms and Conditions.
Under these Specific Terms and Conditions EuroDNS shall provide the Customer with DNS services that will translate the Customer Domain name into a machine readable address based on the Internet Protocol addresses and vice versa. Thus allowing the Customer to associate their Domain Name with additional services, provided by EuroDNS or any other provider, including but not limited to web hosting, DNSSEC system and email services.
The Customer expressly understands that the ProDNS Services require to be associated to a domain name to be operational. The Customer further understands that due to sheer technical reasons, the ProDNS Services are only provided in conjunction with the acquisition of a Domain Name duly registered with EuroDNS.
As a result, should said Domain Name fail to be renewed, transferred to another platform, traded to another person, be deleted according to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to EuroDNS, the Customer will lose any and all right to the ProDNS Services which will be terminated. It is the Customer’s sole and entire responsibility to take the necessary measures regarding their Domain Name before such termination and EuroDNS cannot be held liable for any loss or shortfall incurred because of such.
EuroDNS shall grant the Customer a non-exclusive, non-transferable limited license to access and use the ProDNS Services with certain, limited functions chosen by the Customer in their Order Form.
By accepting this license, the Customer shall not, and shall not allow any third party to: (i) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms or any portion of the softwares and more generally of any technology made available to them as part of the ProDNS Services ; (ii) modify or create derivative works of the ProDNS Services; (iii) incorporate or embed the ProDNS Services, in whole or in part, into another product or other computer software code; or (iv) remove, alter, cover or obscure any copyright notice or any other notice or trademark that appears on the ProDNS Services. All rights in the ProDNS Services not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors. For the avoidance of doubt, the Customer expressly acknowledges that there are no implied rights.
The ProDNS Services are expressly limited to use by the Customer and its End Users. The Customer must notify EuroDNS within five (5) days of any notices received by the Customer that could adversely affect EuroDNS including, but not limited to, notices of claims or proceedings that involve the ProDNS Services. The Customer must promptly notify EuroDNS of any errors, "bugs," or problems experienced in using the ProDNS Services.
EuroDNS shall exercise no control over, and accept no responsibility for, the informational content transiting via, the ProDNS Services. EURODNS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information involving the ProDNS Services shall be at Customer's and End User’s own risk. EuroDNS specifically denies any responsibility for the accuracy or quality of information obtained via the ProDNS Services.
The Customer may not interfere with the use by EuroDNS or others of the ProDNS Services, nor may the Customer sublicense the ProDNS Services or allow third parties to use the ProDNS Services.
The ProDNS Services authorized queries and limits shall be those ordered by the Customer and detailed in their Order Form.
However, the Customer may be allowed to temporarily exceed the monthly committed number of queries, the Customer commits to diligently monitor and limit its usage of the ProDNS Services and in particular their number of queries made on their Domain Name to abide with the limits of their order selection.
In cases where the Customer exceeds the limits of their ProDNS Services order selection, EuroDNS shall be entitled to charge the Customer with additional fees. In addition EuroDNS shall be entitled to discretionarily upgrade the Customer ProDNS Services selection in cases where the Customer will have exceeded their current selection limits for a consecutive period of three (3) months.
In addition, if the Customer usage of the ProDNS Services exceeds their subscription limits, the Customer must either (a) upgrade their subscription to a level that sufficiently meets their usage, or (b) reduce their usage so that it remains within their subscription limits. Should the Customer fail to take one of the above actions, EuroDNS reserves the right to terminate the ProDNS Services. ProDNS Services usage determinations shall be made by EuroDNS in its sole and absolute discretion. Unless otherwise specified, unused monthly allotments (including, but not limited to, records per zone or queries per month) shall not accrue or carry over from a month to another.
For the avoidance of doubt, the Customer agrees that the ProDNS Services usage calculation shall be based on EuroDNS‘ network monitoring tools logs (“NMT”) generated by its infrastructure, excluding any other. The Customer may consult the NMT logs at any time through their EuroDNS’ Account.
For the provision of the ProDNS Services, the Customer shall pay to EuroDNS all applicable fees for the Services using the payment methods described in Annex 2 “Information relating to payment” of the Agreement. Fees for the ProDNS Services must be paid at the time of ordering. Fees for renewals of the ProDNS Services must be paid at least one (1) day before the expiration of the Services subscription.
Except as provided herein, all fees are non-refundable, in whole and in part, even if the ProDNS Services are suspended or cancelled prior to the expiration of the ProDNS Services subscription term.
Prior to its expiration date, the Customer will have the option to renew their ProDNS Services subscription using EuroDNS’s automated processing system. EuroDNS will notify the Customer several times that the ProDNS Services are about to expire. The email will also describe the various renewal methods. Such emails shall be sent to the email address appointed by the Customer in their Contact Details. EuroDNS shall not be held responsible or liable in the event the Customer fails to take the necessary steps to renew its subscription, if the email address provided by the Customer is erroneous or out of date, and/or if the Customer fails to receive the email containing the ProDNS Services expiration notification. The Customer shall assume sole responsibility for renewing their subscription for the ProDNS Services.
If the Customer fails to renew their subscription prior to the expiration date thereof, the ProDNS Services will be terminated and any associated services will automatically become unavailable.
The Customer Details and certain other information pertaining to the ProDNS Services are subject to the rules set out in Article 14 of the General Terms and Conditions "Confidentiality and protection of Data Privacy". The Customer understands and agrees that in their current form the ProDNS Services do not offer any particular security measure in order to guarantee the Customer privacy beyond what can be expected from similar services.
The ProDNS Services are provided “as is”, “as available”, and “with all faults”, and EuroDNS assumes no liability or responsibility regarding the same.
In addition, the Customer expressly acknowledges and agrees that EuroDNS shall have no liability or responsibility for any:
EuroDNS shall make its best efforts (a) to provide the Customer with email notice of any of the foregoing Services interruptions and (b) to post updates to the Website regarding resumption of the Services following any interruptions, but shall have no liability or responsibility for its failure to do so.
EuroDNS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ProDNS Services (or any part thereof) with or without notice. The Customer agrees that EuroDNS shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the ProDNS Services.
The Customer agrees that EuroDNS may, under certain circumstances and without prior notice, immediately terminate the Customer subscription to the ProDNS Services, and access to the ProDNS Services. Cause for such termination shall include, but not be limited to:
The Customer understands and agrees that Termination of the ProDNS Services includes, removal of access to all offerings within the Services including any records that the Customer may have stored, and all related information.