Terms and Conditions of Service

Updated: August 12, 2008

1.0 Acceptance
1.1 - Customer's use of DurableDNS's facilities to host domain name service (DNS) records shall constitute Customer's acceptance of the terms and conditions in this Agreement. The term "you" or "your" shall refer to Customer.
2.0 Term and Termination for Convenience
2.1 - The initial and minimum service period for DurableDNS DNS hosting service is twelve(12) months from the effective date.
2.2 - Within 30 days of the effective date, Customer may terminate this agreement and shall receive a refund of all fees paid.
2.3 - After the period described is Section 2.2 of this Agreement, Customer may terminate this Agreement for convenience 7 days after giving DurableDNS written notice. In the event of such termination, Customer shall receive a refund for all fees paid on services not delivered.
2.4 - The term of this agreement is extended in 12 months increments when Customer renews Zone Credits for 12 months.
3.0 Pricing
3.1 - DurableDNS reserves the right to modify pricing at any time.
3.2 - Pricing will only be modified for new Zone Credit purchases.
4.0 General
4.1 - In no event shall DurableDNS be liable for the usefulness, quality, or content of data accessed by the Customer through DurableDNS facilities, nor responsible for any loss due to temporary or permanent failure of service provision, nor for use of the DurableDNS service by Customer or any third party for illegal purposes. Customer will indemnify and hold harmless DurableDNS from any action by any third party related to Customer's use of DurableDNS services and Customer's services.
4.2 - In no events shall DurableDNS 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 DurableDNS.
4.3 - DurableDNS places no general restrictions of the use of data or information used or retrieved by Customer through DurableDNS facilities, rather the license, copyright, public domain, trade secret, or any other laws or protections covering such data will apply.
4.4 - DurableDNS will inform Customer when service is operational and billing will commence as of that specified date, this becoming the effective date of the initial term of service hereunder.
4.5 - DurableDNS will furnish contact information to enable Customer to report and resolve service problems.
4.6 - This Agreement and other applicable terms and conditions posted at durabledns.com and durabledns.com constitute the entire understanding between Customer and DurableDNS with regard to DNS hosting. Any modifications to this Agreement must be in writing and signed by a duly authorized representative of Customer and a duly authorized officer of DurableDNS.
4.7 - Where DurableDNS's systems are recognized as the authoritative source for DNS entries in your domain or domains, DurableDNS is not obligated to ensure that (a) your DNS records are correctly configured, (b) your DNS entries will be properly resolved, or (c) DurableDNS's DNS systems will be continuously available on an uninterrupted basis. You acknowledge that it is your responsibility to test DurableDNS's implementation or your DNS hosting and notify DurableDNS of any misconfiguration or error in that implementation. DurableDNS will make right all errors that are brought to DurableDNS's attention.
4.8 - You agree that DurableDNS has no obligation to ensure that your domain registration is maintained in a current status by Your registrar or any other entity. You are solely responsible for ensuring that your domain registration is kept current and accurate and that your account with your registrar is kept current.
4.9 - In the event that your DNS hosting arrangement with DurableDNS is terminated, you agree that DurableDNS has no obligation to provide DNS files, settings, or any other material related to your DNS entries in DurableDNS's DNS system to you or any third party, and you agree that DurableDNS has no obligation to forward DNS requests to or from your new DNS host.
4.10 - 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 DurableDNS'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.
4.11 - If your are using DurableDNS's backup mail exchange (MX) service, you agree that email is inherently insecure and confidential information may accidentally be disclosed. You further agree that DurableDNS is not liable failed delivery of any email intended to pass through DurableDNS's facilities.
4.12 - You agree not to resell any of DurableDNS's services to any third party without first entering into a Reseller Agreement with DurableDNS.
4.13 - You agree to pay when due for the valid charges of DurableDNS's services and agree that such timely payment is an essential condition for DurableDNS's service(s). DurableDNS 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 DurableDNS within 90 days of the error, and adjustments or refunds for error over 90 days will not be made. DurableDNS reserves the right to bill you for any item that has not been billed to you and should have been.
5.0 Termination for Cause
5.1 - 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.
5.2 - DurableDNS services may be used only for lawful purposes. Use of DurableDNS's services in violation of any applicable law or regulation is prohibited. This includes, but not limited to transmitting data (a) which is threatening, pornographic, obscene,, or defamatory, (b) which belongs to a third party and is protected by copyright, trade secrets, patent or other intellectual property laws, or (c) which violates export control laws. Any access to other networks connected to DurableDNS must comply with the rules appropriate for the other networks. Customer agrees to indemnify and hold harmless DurableDNS from any claims resulting from Customer's use of the service or the use of the service by any of Customer's clients or users which damages DurableDNS or another party. If Customer violates DurableDNS's acceptable use standards, or permits such violation, DurableDNS shall notify Customer of such violation and if Customer does not remedy such violation within three(3) days of Customer's receipt of such notice, DurableDNS may terminate this Agreement without penalty.
5.3 - 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 DurableDNS, any content consisting of unsolicited bulk commercial email or excessive amounts of commercial Usenet posting (SPAM). DurableDNS enforces a policy of NO TOLERANCE with response to SPAM and abusive email, and DurableDNS suspend an account without notice if it believes Customer's equipment has been used to send SPAM.
5.4 - If you compromise any DurableDNS network service or violate DurableDNS's acceptable use standards, your access and hosting via DurableDNS may be discontinued. You acknowledge DurableDNS'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 DurableDNS system.
5.5 - If any amounts due and owing by Customer remain unpaid 40 days after date of invoice, DurableDNS may immediately terminate this Agreement by sending written notice.
6.0 Limitations on Liability
6.1 - DurableDNS has the right, but not obligation, to monitor any activity and content associated with its hosted services. DurableDNS 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 DurableDNS.
6.2 - DurableDNS 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 DurableDNS's systems and customers, or to ensure the integrity and operation of DurableDNS's business and systems, DurableDNS 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.
6.3 - DurableDNS provides its web site and services "AS IS" and without any warranty or condition, express, implied or statutory. DurableDNS further specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement for the services as provided. DurableDNS 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.
6.4 - In no event shall DurableDNS 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 DurableDNS's services or facilities.
6.5 - DurableDNS's liability to you or any third party in any circumstance is limited to the lesser of (a) the amount of fees customer paid to DurableDNS in the twelve(12) month period directly prior to the action giving rise to alleged liability, or (b) $200.
7.0 Assignment
7.1 - This Agreement shall not be assigned without prior written consent of DurableDNS, 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.
7.2 - The Agreement is assignable by DurableDNS to any successor of DurableDNS which acquires all or substantially all of the assets or businesses of DurableDNS or to an acquirer, whether by sale, merger, recapitalization or other business combination, of all of substantially all of the assets or businesses of DurableDNS 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.
7.3 - Except as specified in Sections 7.1 and 7.2, this Agreement is not assignable.
8.0 Miscellaneous
8.1 - 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:

If to DurableDNS:
DurableDNS Inc
Scotia Place, Suite 2020
Edmonton, AB T5J 3R8
Canada

If to Customer: To the address on file in DurableDNS's web-based system.

8.2 - 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.
8.3 - Customer and DurableDNS 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.
8.4 - This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Alberta and the Federal laws of Canada, 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 DurableDNS by written notice provided to Customer 30 days prior to the effective date of the new agreement.
9.0 Resource Utilization
9.1 - DurableDNS reserves the right to terminate service to any DNS zone if the queries associated with that zone exceed acceptable use. (Zones exceeding 50 queries per second will be investigated)
9.2 - DurableDNS places a "soft limit" of 1,000,000 (one million) queries per month on each zone. DurableDNS will not automatically terminate service of any zone exceeding this limit. DurableDNS will investigate the statistics for the affected zone and may deem that additional fees are required to continue hosting DNS records for that zone.