Capitalised terms in this DNS Services Module that are not defined below have the meaning given to those terms elsewhere in the Agreement.
DNSSEC means Domain Name System Security Extensions which are a suite of specifications for securing certain kinds of information provided by the DNS;
DNS User means any person utilising or enjoying the benefit of the Managed DNS Services provided under this Agreement;
LS’s System means the system operated by LS for supply of the Managed DNS Services;
Managed DNS Services means the outsourced provision of some or all of the DNS information technology services provided by the LS to the DNS User;
Managed DNS Services Fault means anything which does or could result in the Managed DNS Services not performing in accordance with the documentation relating to the Managed DNS Services supplied by LS or the warranties or other requirements of this Agreement;
Managed DNS Services Guide means the service levels for Managed DNS Services and Support, a copy of which the DNS User acknowledges having received from LS;
Managed DNS Services Implementation Plan means the plan for the delivery of the Managed DNS Services, to which the Parties have agreed;
Managed DNS Services Implementation Services means the implementation and provisioning of the Managed DNS Services;
Managed DNS Services Initial Term means the period of time for the supply of Managed DNS Services commencing on the earliest Zone Date for a period of one calendar year later;
Managed DNS Services Renewal Term means a period that is equal to the Managed DNS Services Initial Term;
Managed DNS Services Term means the period described in clause 2;
Support means the services specified in the Managed DNS Services Guide relating to the support of the Managed DNS Services;
Third Party Software means any software that is required to be licensed separately to the DNS User by the owner or licensor.
Zone means a sub-section of the DNS hierarchy for which administrative responsibility has been delegated;
Zone Date means the date requested by the DNS User and agreed by LS for the activation of the Managed DNS Services for a Zone; and
Zone File means a data file which describes a Zone.
1. Supply of Managed DNS Services
1.1. LS will provide the Managed DNS Services to the DNS User as described in a Managed DNS Services Guide (separate document provided upon request to email@example.com) on the terms of this Agreement.
1.2. It is intended that the Managed DNS Services shall allow the DNS User to provision Zone(s) on LS’s System in order to use DNS services.
1.3. The parties agree to work together in good faith to agree to a Managed DNS Services Implementation Plan. LS will use reasonable efforts to provide the Managed DNS Services Implementation Services in accordance with the Managed DNS Services Implementation Plan
2. Managed DNS Services Term
2.1. The Managed DNS Services Term will commence upon the activation of the Managed DNS Services and continue until the commencement and subsequent expiry of the Managed DNS Services Initial Term and Managed DNS Services Renewal Term(s).
2.2. A Managed DNS Services Renewal Term shall commence upon expiry of the Managed DNS Services Initial Term, unless a party gives the other at least thirty (30) days written notice prior to the end of the then-current Managed DNS Services term that it does not wish to extend the Managed DNS Services.
3.1. Where Zone Files are used in connection with the Managed DNS Services, such remain the property of the DNS User.
3.2. Notwithstanding anything to the contrary herein, the parties agree that LS shall be permitted to utilise data relating to the usage of the Managed DNS Services for statistical purposes.
3.3. Where LS provides DNSSEC capability as part of the Managed DNS Services, the parties agree that all data pertaining to such, including cryptographic keys, remains the property of LS.
4. LS’s System
4.1. The DNS User must develop and employ all necessary technology and restrictions to ensure that its connection to LS’s System is secure and stable and that all data exchanged will be protected to avoid unintended disclosure of information.
4.2. LS may, in its sole discretion:
(a) temporarily suspend, restrict or terminate any person’s access to LS’s System if there is any event that, in LS’s sole opinion, affects the security or stability of LS’s System;
(b) suspend, restrict or terminate any person’s access to LS’s System if LS:
(i) considers that the person has not complied with the Agreement, Managed DNS Services Guide and any other requirements of the LS’s System as notified in writing from time to time including but not limited to the LS’s Abuse Policy; or
(ii) is advised to do so by law enforcement and/or court order.
4.3. When reporting problems to LS, the DNS User must:
(a) gather and validate log files, configuration files, and operating system files in the event of a Managed DNS Services Fault;
(b) accurately characterise Managed DNS Services problems or Managed DNS Services Faults reported and describe their business impact;
(c) accurately describe symptoms of Managed DNS Services problems or Managed DNS Services Faults;
(d) provide background information leading up to Managed DNS Services problems or Managed DNS Services Faults;
(e) describe the steps or actions taken by the DNS User to try and resolve such problems or Managed DNS Services Faults;
(f) submit validated log, configuration and other files to LS for analysis;
(g) provide timely and accurate responses to LS’s requests; and
(h) provide timely feedback on fixes and recommendations.
4.4. If the DNS User fails to comply with its obligations under this clause 4 or if access to LS’s System is suspended, restricted or terminated further to clause 4.2, then:
(a) LS will not be liable to the DNS User for any failure to comply with any applicable service levels as a result; and
(b) LS may charge the DNS User for any additional time spent or costs and expenses incurred as a result of the failure. Any additional time, costs and expenses will be charged to the DNS User, at LS’s then current rate for such services.
5.1. LS will provide Support, through which the DNS User may report issues experienced with its use of the Managed DNS Services (including Managed DNS Services Faults) in accordance with the LS’s Managed DNS Services Guide.
5.2. LS will, in accordance with the Managed DNS Services Guide, provide Managed DNS Services Fault resolution services, through which LS will:
(a) respond to:
(i) requests for assistance or advice, or issues, concerning the Managed DNS Services, reported to LS; or
(ii) issues and/or Managed DNS Services Faults that otherwise come to LS’s attention;
(b) analyse and diagnose any Managed DNS Services Faults which are reported to the LS or otherwise come to LS’s attention; and
(c) take steps to address Managed DNS Services Faults (including by the provision of work-around until a permanent solution can be implemented).
5.3. In the case of Third Party Software or any products or services provided by third party suppliers in conjunction with the Managed DNS Services, LS’s role may be to report issues and/or Managed DNS Services Faults to the relevant licensors or supplier thereof, and to coordinate any response from them.
5.4. When responding to a Managed DNS Services Fault, LS will provide a genuine estimate to the DNS User of the time required to address the relevant Managed DNS Services Fault, and to the extent that LS is able to do so, keep the DNS User informed of any changes to that estimate as work progresses.
5.5. LS warrants that it shall provide support in a professional and workmanlike manner
6. Managed DNS Services Guide
6.1. LS may amend or update the Managed DNS Services Guide from time to time during the Managed DNS Services Term. Upon doing so, LS will either deliver a copy of the updated Managed DNS Services Guide to the DNS User, or make it available for download by the DNS User and notify the DNS User of the fact that it has done so.
6.2. Notwithstanding clause 6.1, any amendments or updates to the Managed DNS Services Guide will not adversely affect the level or quality of the Support services that the LS must provide under this Agreement, save and except for any amendments or updates required by a change in law.
7. Force Majeure
7.1. Notwithstanding anything to the contrary herein, LS will not be responsible for any failure to provide the Managed DNS Services including an infrastructure or system failure, caused, or materially contributed to, by an act or omission which is outside of LS’s direct responsibility or control except where such failures are due to the act or omission of:
(a) a subcontractor or supplier of LS (it being acknowledged and agreed that the licensor or any person providing support in respect of Third Party Software is not a subcontractor or supplier of LS); or
(b) If the contractor or supplier is an infrastructure service provider such as utilities, telecommunications services, data centre operators and the like, the failure is caused, or materially contributed to, by an act or omission of LS.
In the event that provision of some or all of the Managed DNS Services is terminated or expires in accordance with Clause 21 of the LS T&Cs, the DNS User will be responsible for making any amendments it may require for continued operations. LS may charge the DNS User to carry out any actions that may be required at LS’s ordinary rates as current from time to time.