If Customer has purchased a subscription to the CIRA Anycast DNS Service (the “CIRA Anycast DNS Service”), then these CIRA Anycast DNS Service terms and conditions (the “Anycast DNS Terms and Conditions”) supplement the provisions of, and are made part of, the Agreement and govern the provision and use of the CIRA Anycast DNS Terms and Conditions purchased by Customer as set out in the Order Form. Capitalized terms that are not defined in these Anycast DNS Terms and Conditions have the same meaning as provided elsewhere in the Agreement.
- Use Rights.
CIRA grants Customer a limited, revokable, non-exclusive, non-transferable and non-sublicensable right to access and use the CIRA Anycast DNS Service for Customer’s internal purposes and to make them available to Customer’s end users, if any. The pricing as set out in the Order Form is applicable for the maximum number of zones, DNS resource records, and DNS queries per month for Customer. CIRA may monitor Customer’s use of CIRA Anycast DNS Service, including but not limited to, Customer’s number of zones, number of DNS resource records and number of DNS queries. CIRA reserves the right to charge Customer additional amounts if Customer exceeds the maximum number of zones, DNS resource records, or DNS queries per month as set out in the Order Form. Except as set forth in this Use Rights section, CIRA grants no other rights, title, interest, or licenses to Customer with respect to the CIRA Anycast DNS Service, including but not limited to any software, data, documents, and materials therein.
- Service Levels.
The CIRA Anycast DNS Service is subject to the Anycast DNS Service Level Agreement set out in Schedule “A”. Customer’s sole and exclusive remedy and CIRA’s sole and exclusive liability for a breach of the foregoing service level agreement will be for CIRA to provide a credit, in accordance with the Anycast DNS Service Level Agreement attached as Schedule “A”, for future CIRA services.
- Acceptable Use.
Customer represents, warrants and covenants that it will not use, or allow use of the CIRA Anycast DNS Service in a manner that is prohibited by any law or regulation, including the “Acceptable Use” policies set out in Section 3 of these Anycast DNS Terms and Conditions.
Customer agrees, and shall cause its end users to agree, to use the CIRA Anycast DNS Service for lawful purposes only. Customer agrees, and shall cause its end users to agree, not to use the CIRA Anycast DNS Service for any of the following impermissible purposes (“Abuses”): (a) use of the CIRA Anycast DNS Service in a manner that is prohibited by any applicable law or regulation; (b) use of the CIRA Anycast DNS Service in a manner that violates the rights of any third party (including but not limited to intellectual property rights); (c) use of the CIRA Anycast DNS Service for any invasive, infringing, defamatory or unlawful purpose; or (d) use of the CIRA Anycast DNS Service in a manner that, in CIRA’s reasonable discretion, directly or indirectly, produces a negative effect on CIRA’s systems or network (including, without limitation, overloading servers on the CIRA network or causing portions of the CIRA network to be blocked).
CIRA shall have the right to suspend the CIRA Anycast DNS Service if, in its sole and reasonable determination, any one of the foregoing Abuses occur, such suspension remaining in effect until such time as Customer corrects the applicable Abuse(s). Except in cases where Abuse(s) has a critically impact on the CIRA servers or network as determined by CIRA in its reasonable discretion, (in which case CIRA reserves the right to suspend Customer’s account immediately without prior notice), CIRA shall provide Customer with advance notice of any anticipated suspension. Customer’s failure to correct any such Abuse within forty-eight (48) hours after Customer’s receipt of notice from CIRA will entitle CIRA to terminate these Anycast DNS Terms and Conditions and/or the Agreement immediately without any liability or obligation to provide a refund to Customer for any CIRA Anycast DNS Service suspended or terminated.
Notwithstanding the foregoing, where an Abuse or any activity by an end user, which in CIRA’s reasonable discretion, critically impacts, or threatens to critically impact CIRA’s servers or network, or in the event of any denial of service or similar attack, which in CIRA’s reasonable discretion, critically impacts, or threatens to critically impact CIRA’s servers or network, CIRA reserves the right to suspend any violating domain(s), zone(s) or record(s) immediately and without prior notice to Customer. In the event of such occurrence, CIRA will, as soon as is reasonably practical thereafter, provide Customer with notice of the suspension of the violating domain(s), zone(s) or record(s).
- Use of Data.
Customer agrees that CIRA may make use of Customer’s traffic data, and hereby grants to CIRA, any necessary rights or licenses to use Customer’s traffic data for research or educational purposes, or to improve the CIRA Anycast DNS Service, so long as such data is in an aggregated form and is not identifiable to Customer.
SCHEDULE “A” – ANYCAST DNS SERVICE LEVEL AGREEMENT (the “Anycast DNS SLA”)
This Schedule “A” is subject to the terms of, and is incorporated by this reference, into the Anycast DNS Terms and Conditions governing the CIRA Anycast DNS Service.
CIRA reserves the right to modify this Anycast DNS SLA from time to time.
Upon the date when Customer is deployed onto the CIRA Anycast DNS Service, there will be a transition period of thirty (30) days (“Transition Period”) during which Customer and CIRA will work to configure several variables in order to meet full operational performance parameters. During the Transition Period, these service levels shall not apply. After the Transition Period, these service levels shall apply to the CIRA Anycast DNS Service. Failure by CIRA to meet the Anycast DNS SLA will result in the issuance of a credit to Customer as set out below.
Availability
1. A “Service Outage” shall mean that the CIRA Anycast DNS Service was not available because:
a) The CIRA Anycast DNS network was unable to achieve one hundred percent (100%) uptime for DNS name resolution.
b) The Web-based user interface, zone/data transfer mechanisms, applications programming interfaces (API) or other Customer-accessible data access or manipulation software is unavailable for four (4) or more consecutive hours in any calendar month, thereby preventing Customer (or Customer’s applications) from being able to reasonably add, delete or modify Customer’s DNS or other directory data as committed to in the published functional specifications for such services.
2. The following downtime events shall not be considered part of a Service Outage:
a) Unavailability of the management tools and API’s used to manage directory data for up to four (4) consecutive hours in any calendar month.
b) Unavailability of the CIRA Anycast DNS Service due to Customer’s misuse, application programming, non-performance or other negligent or unlawful acts by Customer or its Representatives, problems with Customer’s domain name registrar, network unavailability outside of the CIRA Anycast DNS server network or events of Force Majeure.
c) Suspension of the CIRA Anycast DNS Service by CIRA in accordance with the Anycast DNS Terms and Conditions (e.g. for non-payment, Abuses or otherwise).
d) Regarding Section 1(b) above, any regularly scheduled maintenance (“Regularly Scheduled Maintenance”), which shall mean any maintenance performed to any component of the CIRA Anycast DNS server network of which Customer is notified at least forty-eight (48) hours in advance, and that is performed during standard maintenance windows. Notice of Regularly Scheduled Maintenance will be provided to Customer’s designated point of contact by e-mail.
CIRA, in its sole discretion, shall determine whether an event will be considered a “Service Outage” based on its records and data.
Remedies
When Customer becomes aware of a Service Outage, Customer shall notify CIRA Customer Support at [email protected] within five (5) calendar days.
If CIRA determines in its reasonable commercial judgment that the Service Outage event lasted for more than one (1) minute, but fewer than four (4) consecutive hours during a calendar month, CIRA, upon Customer’s request, will credit Customer’s account for such month the pro-rated charges for one (1) day’s service.
If CIRA determines in its reasonable commercial judgment that the Service Outage event lasted for four (4) or more consecutive hours during any calendar month, CIRA, upon Customer’s request, will credit Customer’s account for such month the pro-rated charges for one week’s service.
In order to qualify for any credit, Customer must have a current and valid subscription for the CIRA Anycast DNS Service and must have an account in good standing with CIRA.
Customer’s sole and exclusive remedy, and CIRA’s sole and exclusive liability, in the event CIRA fails to meet the service levels set forth in this Anycast DNS SLA, shall be to receive a credit in accordance with the terms of this Anycast DNS SLA.
