If Customer has purchased a subscription to the CIRA DNS Firewall Service (the “CIRA DNS Firewall Service”), these CIRA DNS Firewall Service terms and conditions (the “DNS Firewall Terms and Conditions”) supplements the provisions of, and are made part of, the Agreement. These DNS Firewall Terms and Conditions are made and entered into as of the Effective Date and govern the provision and use of the CIRA DNS Firewall Service purchased by Customer from CIRA as defined in the Order Form. Capitalized terms that are not defined in these DNS Firewall 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 DNS Firewall Service for Customer’s internal purposes and to make them available to Customer’s end users, if any. 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 DNS Firewall Service, including but not limited to any software, data, documents, and materials therein. Customer may use the CIRA DNS Firewall Service by configuring Customer’s computer(s), IP-enabled electronic devices and/or network equipment settings to use the CIRA DNS Firewall Service. CIRA shall accept, process and resolve CIRA DNS Firewall queries from Customer subject to the DNS Firewall Terms and Conditions herein. CIRA reserves the right to re-direct or terminate recursive traffic that CIRA, in its sole discretion, determines or considers to be harmful or invalid.
- Service Levels.
The CIRA DNS Firewall Service is subject to the DNS Firewall 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 DNS Firewall Service Level Agreement will be for CIRA to provide a credit, in accordance with the DNS Firewall Service Level Agreement attached as Schedule “A”, for future CIRA services.
- 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 DNS Firewall Service, so long as such data is in an aggregated form and is not identifiable to Customer.
- Acceptable Use.
Customer agrees to, and shall cause its end users to, use the CIRA DNS Firewall Service for lawful purposes only. Customer agrees to, and shall cause its end users to, agree, not use the CIRA DNS Firewall Service for any of the following impermissible purposes (“Abuses”): (a) use of the CIRA DNS Firewall Service in a manner that is prohibited by any applicable law or regulation; (b) use of the CIRA DNS Firewall 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 DNS Firewall Service for any invasive, infringing, defamatory or unlawful purpose; or (d) use of the CIRA DNS Firewall 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).
SCHEDULE “A” – DNS FIREWALL SERVICE LEVEL AGREEMENT (the “DNS Firewall SLA”)
This Schedule “A” is subject to the terms of, and is incorporated by this reference, into the DNS Firewall Terms and Conditions governing the CIRA DNS Firewall Service.
CIRA reserves the right to modify this DNS Firewall SLA from time to time.
Upon the date when Customer deployed onto the CIRA DNS Firewall 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, the DNS Firewall SLA shall not apply.
After the Transition Period, the DNS Firewall SLA shall apply to the CIRA DNS Firewall Service. Failure by CIRA to meet the DNS Firewall SLA will result in the issuance of a credit to Customer as set out below.
Availability
A “Service Outage” shall mean that the DNS Firewall Service was not available because:
a) The CIRA DNS Firewall Service was unable to achieve one hundred percent (100%) uptime for DNS name resolution.
b) The Web-based user interface was unavailable for four (4) or more consecutive hours in any calendar month, thereby preventing Customer from being able to reasonably add, delete or modify security policies or view reporting data as committed to in the published functional specifications for such service.
The following downtime events shall not be considered part of a Service Outage:
a) Unavailability of the web-based user interface used to manage security policies or view reporting data for up to four (4) consecutive hours in any calendar month.
b) Unavailability of the CIRA DNS Firewall Service due to Customer’s misuse, application programming, non-performance or other negligent or unlawful acts by Customer or its Representatives, problems with network unavailability outside of the CIRA DNS Server Network or events of Force Majeure.
c) Suspension of the CIRA DNS Firewall Service by CIRA in accordance with the Agreement (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 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 DNS Firewall 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 commitments set forth in this DNS Firewall SLA, shall be to receive a credit in accordance with the terms of this DNS Firewall SLA.
