Customer's use of ActiveDNS's facilities to host domain name service (DNS) records shall constitute Customer's acceptance of the following terms and conditions given in this Service Agreement.
The "you" and "your" terms shall refer to the Customer.
The initial or acquaintance service period for ActiveDNS hosting service is one month.
Within acquaintance period, Customer may terminate this agreement and shall receive a refund of all fees paid.
After the acquaintance' period, Customer may terminate this Agreement in any time without refunds of paid fees including but not limited to direct or indirect loss or damages or any kind of loss of profit by reason of termination of using ActiveDNS's services.
The term of this agreement is in effect for the entire time of Customer's usage by ActiveDNS's services.
ActiveDNS reserves the rights to modify services' pricing at any time. All customers will be notified of any changes of this kind by sending out e-mail newsletters.
In any case existing customers should receive services during paid period without any additional fees.
In no event shall ActiveDNS be liable for the usefulness, quality, or content of data accessed by the Customer through ActiveDNS facilities, nor responsible for any loss due to temporary or permanent failure of service provision, nor for use of the ActiveDNS service by Customer or any third party for illegal purposes. Customer will indemnify and hold harmless ActiveDNS from any action by any third party related to Customer's use of ActiveDNS services and Customer's services.
In no events shall ActiveDNS be liable for service problems or other losses arising on account of acts of God, fire, labor disputes of any nature, accident, supplier failure or delay, or other causes beyond the reasonable control of ActiveDNS.
ActiveDNS places no general restrictions of the use of data or information used or retrieved by the Customer through ActiveDNS facilities, rather the license, copyright, public domain, trade secret, or any other laws or protections covering such data will apply.
ActiveDNS will furnish contact information to enable Customer to report and resolve service problems.
This Agreement and other applicable terms and conditions posted at all ActiveDNS' sites constitute the entire understanding between Customer and ActiveDNS with regard to any services provided by ActiveDNS. Any modifications to this Agreement must be in writing and signed by a duly authorized representative of Customer and a duly authorized officer of ActiveDNS.
Where ActiveDNS's systems are recognized as the authoritative source for DNS entries in your domain or domains, ActiveDNS is not obligated to ensure that:
In the event that your DNS hosting arrangement with ActiveDNS is terminated, you agree that ActiveDNS has no obligation to provide DNS files, settings, or any other material related to your DNS entries in ActiveDNS's DNS system to you or any third party, and you agree that ActiveDNS has no obligation to forward DNS requests to or from your new DNS host.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the Internet may become the target of computer hackers and is susceptible to attacks from viruses and the lake. Your are solely responsible for keeping your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operation of ActiveDNS's services. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use.
You agree not to resell any of ActiveDNS's services to any third party without an Authorized Reseller rights.
You agree to pay when due for the valid charges of ActiveDNS's services and agree that such timely payment is an essential condition for ActiveDNS's service(s). ActiveDNS will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to ActiveDNS within 90 days of the error, and adjustments or refunds for error over 90 days will not be made. ActiveDNS reserves the right to bill you for any item that has not been billed to you and should have been.
Either party may terminate this Agreement for cause without penalty in the event that the other party breaches any material item of this Agreement. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate which shall clearly describe the problem(s) constituting cause. Other than as otherwise stated herein, the other party will have 30 days from the date of receipt of such notice to correct the problem. If the problem is not corrected within such period, the party intending to terminate may terminate this Agreement at the end of such 30th day without penalty.
ActiveDNS's services may be used only for lawful purposes. Use of ActiveDNS's services in violation of any applicable law or regulation is prohibited. This includes, but not limited to transmitting data:
You agree not to transmit or knowingly permit to be transmitted via any system you control or should control, to or across any site or service operated by ActiveDNS, any content consisting of unsolicited bulk commercial email or excessive amounts of commercial Usenet posting (SPAM). ActiveDNS enforces a policy of NO TOLERANCE with response to SPAM and abusive email, and ActiveDNS suspend an account without notice if it believes Customer's equipment has been used to send SPAM.
If you compromise any ActiveDNS network service or violate ActiveDNS's acceptable use standards, your access and hosting via ActiveDNS may be discontinued. You acknowledge ActiveDNS's right to take all available legal and technical steps, including remotely scanning your internet protocol ports, to prevent fraudulent or counterfeit email from entering or utilizing the ActiveDNS system.
If any amounts due and owing by Customer remain unpaid 40 days after date of invoice, ActiveDNS may immediately terminate this Agreement by sending written notice.
ActiveDNS has the right, but not obligation, to monitor any activity and content associated with its hosted services. ActiveDNS may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any DNS records hosted by ActiveDNS.
ActiveDNS also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect ActiveDNS's systems and customers, or to ensure the integrity and operation of ActiveDNS's business and systems, ActiveDNS may access and disclose any information it considers necessary or appropriate, including by not limited to customer contact details, IP addressing and traffic information, usage history and posted content.
ActiveDNS provides its web site and services "AS IS" and without any warranty or condition, express, implied or statutory. ActiveDNS further specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement for the services as provided. ActiveDNS further disclaims any express or implied warranties that its services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.
In no event shall ActiveDNS be liable for any lost profits or any special, incidental, consequential, or punitive damages arising out of, relating to, or in connection with, directly or indirectly, or intentionally or negligently, the use of ActiveDNS's services or facilities.
ActiveDNS's liability to you or any third party in any circumstance is limited to the lesser of
This Agreement shall not be assigned without prior written consent of ActiveDNS, which consent shall not be unreasonably withheld. The assignee shall have agreed to comply with and be bound by the terms of this Agreement and the assignor shall remain liable under this Agreement not withstanding such assignment.
The Agreement is assignable by ActiveDNS to any successor of ActiveDNS which acquires all or substantially all of the assets or businesses of ActiveDNS or to an acquirer, whether by sale, merger, recapitalization or other business combination, of all of substantially all of the assets or businesses of ActiveDNS without Customer's consent, provided that any such successor or assignee shall provide Customer with a written agreement that it shall be bound by all the terms of this Agreement.
Except as specified in above two paragraphs this Agreement is not assignable.
All notices and other communications under this Agreement shall be in writing and shall be given to the other party by registered or certified mail, return receipt requested, postage prepaid, addressed as follows -
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. If any provision of this Agreement shall be held invalid or unenforceable in part, the remaining portion of such provision, together with all other provision of this Agreement, shall remain valid and enforceable and continue in full force and effect to the fullest extent consistent with law.
Customer and ActiveDNS acknowledge that this Agreement supersedes any other agreement between them concerning the subject matter hereof, including those provision of the Predecessor Agreement relating to the subject matter hereof.
This Agreement shall be governed by, and construed in accordance with, the laws of the Russian Federation, without reference to principles of conflict of laws. The captions of this Agreement are not part of the provision hereof and shall have no force or effect. This Agreement may be amended or modified by ActiveDNS by written notice provided to Customer 30 days prior to the effective date of the new agreement.
ActiveDNS reserves the right to terminate service to any DNS zone if the queries associated with that zone exceed acceptable use (zones exceeding 500 queries per second will be investigated).
ActiveDNS places a "soft limit" of 10,000,000 (ten millions) queries per month on each zone. ActiveDNS will not automatically terminate service of any zone exceeding this limit. ActiveDNS will investigate the statistics for the affected zone and may deem that additional fees are required to continue hosting DNS records for that zone.