Last modified on 03.01.2014
Specific Terms and Conditions applicable to the ProDNS Service provided by EuroDNS S.A.
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.
EuroDNS shall provide the Customer with a range of DNS resolution services (the "ProDNS Service") as defined hereafter, and insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.
EuroDNS shall grant the Customer a non-exclusive limited license to use the ProDNS Service with certain, limited functions chosen by the Customer in the Order Form.
By accepting this license, the Customer shall not allow any third party to: directly or indirectly : (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 software and more generally of any technology made available to them as part of the ProDNS Service ; (ii) modify or create derivative works of the ProDNS Service; (iii) incorporate or embed the ProDNS Service, 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 Service.
The Customer acknowledges that the license of use on the ProDNS Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the ProDNS Service and more generally from allowing any third party to use the ProDNS Service.
All rights in the ProDNS Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.
The number of authorised DNS queries and more generally the technical limits of the ProDNS Service are those specified and selected by the Customer in the Order Form.
Although the Customer may be allowed to temporarily exceed the monthly authorised number of queries, the Customer commits to diligently monitor and limit their usage of the ProDNS Service and in particular the number of queries made on their Domain Name to abide by the limits of their order selection.
In the event the Customer exceeds the limits of their ProDNS Service subscription, EuroDNS will be entitled to charge additional fees to the Customer.
If the Customer's usage of the ProDNS Service exceeds their subscription limits, the Customer will have to either upgrade their subscription to one that meets their usage of the Service, or alternatively reduce their usage so that it remains within the selected subscription limits.
In the event where the Customer fails to take one of the aforementioned actions, EuroDNS will be entitled to (a) unilaterally upgrade the Customer to a subscription fitting the Customer's actual usage of the ProDNS Service or (b) unilaterally terminate the ProDNS Service.
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 one monthly period to another.
The Customer acknowledges and accepts that the ProDNS Service usage calculation will be based on EuroDNS' network monitoring tools and the logs generated thereof, excluding any other. The Customer may consult such logs at any time through their Customer Account.
The Customer expressly understands that the ProDNS Service must be associated with a domain name to be operational. The Customer further understands that due to sheer technical limitations, the ProDNS Service may only be provided for domain names registered with EuroDNS.
As a result, should the Domain Name associated to the ProDNS Service subscription not be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to EuroDNS, the Customer will no longer be entitled to benefit from the ProDNS Service and it will automatically be terminated. The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination and EuroDNS will not be held liable for any loss and/ or shortfall incurred because of such.
The Customer understands and agrees that unless otherwise provided, all fees applicable to the ProDNS Service are non-refundable. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Luxembourgish consumer code is entitled to benefit from the statutory seven (7) day period of withdrawal set forth by article L.22-5 of this code.
The Customer further acknowledges that the early termination of the ProDNS Service does not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered.
In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the ProDNS Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the ProDNS Service in a timely manner.
The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the ProDNS Service.
EuroDNS makes no warranty of any kind, expressed or implied as to the ProDNS Service merchantability or fit for a particular purpose. The ProDNS Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.
Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer's Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content.
EuroDNS shall make its best efforts to provide the ProDNS Service twenty (24) hours a day and seven (7) days a week for the whole term of the ProDNS Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.
Additionally, the Customer accepts that the ProDNS Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:
*periodic maintenance, repair or replacement operations of equipment necessary to the provision of the ProDNS Service that EuroDNS may undertake from time to time;
*the action of a Provider over which EuroDNS has no control;
*improper use of the ProDNS Service by the Customer.
EuroDNS shall make all reasonable efforts to publish on the EuroDNS Site any information pertaining to the resuming of the ProDNS Service after an interruption.
9.1. The Customer may request the termination of the ProDNS Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
9.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate their ProDNS Service subscription without prior notice, thus preventing the customer from accessing and/or using the ProDNS Service. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:
*the deletion, the failure to renew, the transfer or any other loss of control on the Domain Name linked to the ProDNS Service by the Customer;
*the Customer's breach of any of the Contractual Terms;
*the receipt of a request from law enforcement or any competent agency imposing such termination;
*the Customer's early termination request;
*any suspension or fundamental modification of the ProDNS Service;
*unforeseeable technical or security issues;
*use of the ProDNS Service by the Customer for illicit purposes;
*failure by the Customer to pay to EuroDNS any fee due for the ProDNS Service provision;
*...
The Customer understands and agrees that the termination of the ProDNS Service entails the deactivation of all functionalities and services provided as part of the ProDNS Service, as well as the deletion of all DNS records and other data that the Customer has registered.
9.3. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer agrees that EuroDNS will have no obligation to execute any further request regarding the ProDNS Service.
9.4. The Customer expressly agrees that no refund shall be granted in the case of termination of the ProDNS Service and/or the whole Agreement.
EuroDNS shall provide the Customer with a range of DNS resolution services (the "Professional DNS Service") as defined hereafter, and insofar as the Customer has submitted an Order Form pursuant to the General Terms and Conditions.
EuroDNS shall grant the Customer a non-exclusive limited license to use the Professional DNS Service with certain, limited functions chosen by the Customer in the Order Form.
By accepting this license, the Customer shall not allow any third party to: directly or indirectly : (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 software and more generally of any technology made available to them as part of the Professional DNSService ; (ii) modify or create derivative works of the Professional DNS Service; (iii) incorporate or embed theProfessional DNS Service, 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 Professional DNS Service.
The Customer acknowledges that the license of use on the Professional DNS Service is personal and non-transferrable and that the Customer is forbidden from sub-licensing the Professional DNS Service and more generally from allowing any third party to use the Professional DNS Service.
All rights in the Professional DNS Service not expressly granted to the Customer hereunder are reserved to EuroDNS and its licensors.
The number of authorised DNS queries and more generally the technical limits of the Professional DNS Service are those specified and selected by the Customer in the Order Form.
Although the Customer may be allowed to temporarily exceed the monthly authorised number of queries, the Customer commits to diligently monitor and limit their usage of the Professional DNS Service and in particular the number of queries made on their Domain Name to abide by the limits of their order selection.
In the event the Customer exceeds the limits of their Professional DNS Service subscription, EuroDNS will be entitled to charge additional fees to the Customer.
If the Customer's usage of the Professional DNS Service exceeds their subscription limits, the Customer will have to either upgrade their subscription to one that meets their usage of the Service, or alternatively reduce their usage so that it remains within the selected subscription limits.
In the event where the Customer fails to take one of the aforementioned actions, EuroDNS will be entitled to (a) unilaterally upgrade the Customer to a subscription fitting the Customer's actual usage of the Professional DNS Service or (b) unilaterally terminate the Professional DNS Service.
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 one monthly period to another.
The Customer acknowledges and accepts that the Professional DNS Service usage calculation will be based on EuroDNS' network monitoring tools and the logs generated thereof, excluding any other. The Customer may consult such logs at any time through their Customer Account.
The Customer expressly understands that the Professional DNS Service must be associated with a domain name to be operational. The Customer further understands that due to sheer technical limitations, the Professional DNS Service may only be provided for domain names registered with EuroDNS.
As a result, should the Domain Name associated to the Professional DNS Service subscription not be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to EuroDNS, the Customer will no longer be entitled to benefit from the Professional DNS Service and it will automatically be terminated.
The Customer will be solely responsible for taking all necessary measures regarding their Domain Name before such termination and EuroDNS will not be held liable for any loss and/ or shortfall incurred because of such.
The Customer understands and agrees that unless otherwise provided, all fees applicable to the Professional DNS Service are non-refundable. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Luxembourgish consumer code is entitled to benefit from the statutory seven (7) day period of withdrawal set forth by article L.22-5 of this code.
The Customer further acknowledges that the early termination of the Professional DNS Service does not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered.
In accordance with article 7.2 of the General Terms and Conditions, EuroDNS retains the right to discontinue or suspend at any time, temporarily or permanently any part of the Professional DNS Service. In such a case EuroDNS shall make its best efforts to inform the Customer of such modification or suspension of the Professional DNS Service in a timely manner.
The Customer understands and accepts that EuroDNS cannot be held liable by the Customer or any third party for any consequences resulting from such modification, suspension or discontinuance of the Professional DNS Service.
EuroDNS makes no warranty of any kind, expressed or implied as to the Professional DNS Service merchantability or fit for a particular purpose. The Professional DNS Service is provided on an as-is and as available basis without warranty of any kind, expressed or implied as to its good functionality and EuroDNS disclaims all responsibility and liability for the Service availability.
Further, the Customer expressly acknowledges that EuroDNS will not backup the Customer's Content and therefore accepts that they shall take all measures they deem necessary against the loss or deterioration of the Content
EuroDNS shall make its best efforts to provide the Professional DNS Service twenty (24) hours a day and seven (7) days a week for the whole term of the Professional DNS Service subscription. However, EuroDNS hereby only commits to a best-efforts obligation.
Additionally, the Customer accepts that the Professional DNS Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to:
EuroDNS shall make all reasonable efforts to publish on the EuroDNS Site any information pertaining to the resuming of the Professional DNS Service after an interruption.
9.1. The Customer may request the termination of the Professional DNS Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
9.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate their Professional DNS Service subscription without prior notice, thus preventing the customer from accessing and/or using the Professional DNS Service. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:
9.3. In case of termination of the whole Agreement as set forth by article 14 of the General Terms and Conditions, the Customer agrees that EuroDNS will have no obligation to execute any further request regarding the Professional DNS Service.
9.4. The Customer expressly agrees that no refund shall be granted in the case of termination of the Professional DNS Service and/or the whole Agreement.