DNSPod Terms of Service
This DNSPod Services Agreement (this “Agreement”) sets forth the terms and conditions of your use of Tencent’s DNSPod domain name system services made available on www.dnspod.com (the “DNSPod Services”). This Agreement is a legally binding contract between you and Tencent regarding your use of the DNSPod Services. For the purposes of this Agreement, “Tencent,” “we,” “our,” and “us” refer to the Tencent entity you are contracting with under the Tencent Cloud Terms (as defined below). Capitalized but undefined terms used herein shall have the meanings ascribed to them in the Tencent Cloud Terms.
- THE DNSPOD SERVICES.
(i) “Domain Name” means the data and information provided by or on behalf of you to Tencent that defines how the DNSPod Services should respond to DNS Queries.
(ii) “DNS” means the domain name system that is a distributed database and hierarchical global infrastructure deployed on the Internet and private IP-based networks used to resolve domain names into IP addresses.
(iii) “DNS Query” means a request received by the Name Servers for information about a Domain Name.
(iv) “DNS Security Extensions” means a service which allows a user to digitally sign its Domain Name’s authoritative zone data.
(v) “Name Servers” means the name servers, hardware, software, data, algorithms and processes used to host, and resolve DNS Queries for, the Domain Names.
(vi) “Primary Name Server” means a server that make Domain Name(s) available to the DNSPod Services for distribution to the Name Servers.
(vii) “Resource Record(s)” means a record contained in a Domain Name that includes the following entries: Name, Class, TTL, and Type.
(b) Service Descriptions. The DNSPod Services are further described at www.dnspod.com and include certain domain-related and other services that we may provide on or via our platform from time to time.
(c) Accounts. You may access and use the DNSPod Services using your Tencent Cloud account (your “Tencent Cloud Account”). Your use of the Tencent Cloud Account is subject to all applicable Tencent Cloud Terms that govern your Tencent Cloud Account. We may deny you the right to use the DNSPod Services if you do not have a valid Tencent Cloud Account in good standing. You may also be required to provide additional information to complete a purchase or otherwise use the DNSPod Services. You agree that any information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
(d) Use Limitations. You will not, and will not allow your Affiliates (as defined in the Tencent Cloud Terms), employees, and contractors and any third parties under your control, management, or supervision, or otherwise to:
(i) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the DNSPod Services (except to the extent such a restriction is expressly prohibited by applicable law, and where you are permitted by law to so reverse engineer, you will contact us to obtain the desired information prior to such reverse engineering);
(ii) use the DNSPod Services for the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the DNSPod Services could lead to death, personal injury, or environmental damage;
(iii) use the DNSPod Services to benchmark the DNSPod Services or in any manner that is competitive with the DNSPod Services;
(iv) sublicense, resell, or distribute any or all of the DNSPod Services; or
(v) access the DNSPod Services in a manner intended to avoid incurring DNSPod Fees or otherwise avoiding usage limitations.
(e) Suspension of DNSPod Services. In addition to and without limiting the generality of Tencent’s suspension rights set forth in Section 9(b) of the Tencent Cloud Terms, in the event that Tencent determines that your access to or use of the DNSPod Services could, directly or indirectly:
(i) violate the use limitations as set forth in Section 1(d) above;
(ii) disrupt the provision of the DNSPod Services or other services by us;
(iii) disrupt the use or receipt by a third party of the DNSPod Services or other services provided by us;
(iv) disrupt the network or servers used to provide the DNSPod Services or other services provided by us; or
(v) allow unauthorized third party access to the DNSPod Services or other services provided by us, then Tencent or its Affiliates may immediately without prior notice to you, suspend your access to and use of the DNSPod Services. In addition, you agree to cooperate with us in good faith to determine the cause of, prevent, resolve, and mitigate such disrupting event.
(f) Right to Domain Names. You grant to Tencent and its Affiliates an irrevocable, limited, non-exclusive, and worldwide right to use the Domain Names(s) for the purposes of providing the DNSPod Services.
- YOUR OBLIGATIONS. To enable Tencent’s provision of the DNSPod Services, you will:
(a) set up, configure, and update the Domain Names;
(b) after you have completed the DNS configuration, you must ensure that your registrars-of-record modify the records for the Domain Names that we are hosting to make the Name Servers authoritative for those Domain Names;
(c) provide us with reasonable access, cooperation (including by making changes to existing network equipment and/or infrastructure upon our request), and timely and accurate information so we can provide the DNSPod Services to you;
(d) permit us to exchange any and all relevant information, including your User Data, relating to the DNSPod Services;
(e) be responsible for obtaining all necessary authorizations and permissions to effect such changes; and
(f) be responsible for all fees or charges (if any) for making such changes.
- REPRESENTATION & WARRANTIES. You represent and warrant that:
(a) your registration and use of any Domain Name do not and will not infringe the intellectual property rights of a third party and are for legitimate purposes and not for the purpose of:
(i) disrupting the business of a competitor;
(ii) confusing or misleading Internet users; or
(iii) cybersquatting, which is defined as the registration or acquisition of a domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the owner of a trademark reflected in the domain name or to a competitor; and
(b) you have obtained and will maintain any necessary consents, authorizations, and permissions to provide your and/or third party information (including the Domain Names (and the registrations thereof) and any personal data) to us.
FEES AND PAYMENTS. You may, from time to time, incur charges in connection with your use of the DNSPod Services (“DNSPod Fees”). Your DNSPod Fees will be described on the invoices issued to you in connection with your Tencent Cloud Account, and you will pay the DNSPod Fees via the payment method associated with your Tencent Cloud Account. DNSPod Fees and the payments thereof will be subject to the terms and conditions applicable to the fees for your use of other Tencent Cloud services (including Section 5 of the Tencent Cloud Terms of Service).
(a) Term. This Agreement commences when you accept this Agreement or first access or use the DNSPod Services and will continue until terminated in accordance with this Agreement (“Term”).
(b) Termination or Suspension by Tencent. In addition to any other remedies provided under the Tencent Cloud Terms, to the extent permitted under applicable law, Tencent may terminate this Agreement, or suspend or terminate your access to the DNSPod Services or any other services provided to you by us immediately if:
(i) you breach any representation, warranty, or covenant of this Agreement;
(ii) you have not paid any DNSPod Fees or other amounts owed by you to Tencent within 7 days after the applicable due date;
(iii) your Tencent Cloud Account has been suspended or terminated;
(iv) the Tencent Cloud Terms or any other agreement between you and Tencent (including any Tencent Affiliate) have been terminated; or
(v) Tencent, at its sole discretion, terminates its provision of or access to the DNSPod Services (1) in your jurisdiction or industry sector or field of business, or (2) for all of its users or customers.
(c) Termination by you. You may terminate this Agreement at any time by following the instructions provided within the DNSPod Services. Except as set forth in the EEA Consumer Terms (as defined in the Tencent Cloud Terms), if you terminate this Agreement, you are not entitled to a refund of any fees paid to Tencent.
(d) No Liability for Termination. Except as expressly required by law, if either party terminates this Agreement in accordance with any of the provisions of this Agreement, neither party will be liable to you because of the termination, for expenditures or commitments made in connection with this Agreement or damages caused by the loss of prospective profits or anticipated sales. Termination will not, however, relieve either party of obligations incurred prior to the effective date of the termination.
(e) Effect of Suspension. If Tencent suspends your access to any or all of the DNSPod Services: (a) you remain responsible for all DNSPod Fees accrued through the date of suspension (including where the charges were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable charges for any part of the DNSPod Services to which you have access.
(f) Effects of Termination. Upon the termination of this Agreement or expiration of your subscription to the DNSPod Services (as applicable), the DNSPod Services will be terminated with respect to all your Domain Names. Upon termination, you are solely responsible for (a) removing the Domain Names and contacting your registrars-of-record to redirect DNS name server delegation for such Domain Names; (b) any registrar fees incurred for changing the DNS name server delegation; and (c) procuring and transitioning to any new or replacement services. If you fail to do any of the foregoing before the effective date of termination or expiration, you agree that we may, in our sole discretion, take any steps or actions as we deem appropriate or necessary. This may include the decision to not resolve DNS Queries to your Domain Name(s), which may cause service interruptions in those Domain Name(s). We will not be responsible or liable for any interruption or other loss or damages that may arise from your failure to take timely action in accordance with this Section 4(f).
(g) Survival. Sections 1, 4, 5(f), 5(g), 6, 7, and 8 will survive any termination and expiration of this Agreement.
DISCLAIMER. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE DNSPOD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND NEITHER TENCENT NOR ANY OF ITS LICENSORS OR AFFILLIATES, PROVIDERS OR DISTRIBUTORS, MAKE, AND TENCENT HEREBY DISCLAIMS ON BEHALF OF ITSELF AND ITS LICENSORS, ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE DNSPOD SERVICES, ANY OTHER SERVICES, OR ANY MEDIA OR OTHER CONTENT SUBMITTED, UPLOADED, STORED, PROCESSED, TRANSMITTED, OR DISPLAYED BY OR THROUGH THE DNSPOD SERVICES.
LIMITATION OF LIABILITY; INDEMNIFICATION.
(a) Cap on Liability. EXCEPT WITH RESPECT TO DNSPOD FEES PAYABLE BY YOU, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TENCENT AND ITS AFFILIATES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT AND THE DNSPOD SERVICES WILL BE LIMITED TO THE TOTAL DNSPOD FEES THAT YOU HAVE PAID TO TENCENT UNDER THIS AGREEMENT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THAT EVENT GIVING RISE TO THE LIABILITY FIRST OCCURRED.
(b) Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW NEITHER TENCENT, NOR ITS AFFILIATES OR THEIR LICENSORS WILL BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF TENCENT, ITS AFFILIATES, OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES; OR (B) LOST PROFIT, REVENUE, CUSTOMERS OR OPPORTUNITIES, AS A RESULT OF THE DNSPOD SERVICES BEING UNAVAILABLE TO YOU.
(c) Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN YOU AND TENCENT. THIS ALLOCATION IS REFLECTED IN THE FEES CHARGED BY TENCENT TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TENCENT. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE LIMITED REMEDIES IN THIS AGREEMENT HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
(d) Exceptions. NOTHING IN THIS AGREEMENT CAN EXCLUDE OR LIMIT THE LIABILITY OF TENCENT, ITS AFFILIATES OR THEIR LICENSORS FOR DEATH OR PERSONAL INJURY, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
(a) Waiver and Severability. The waiver by either party of any breach of this Agreement does not waive any other breach. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. If any part of this Agreement is unenforceable, the remaining portions of this Agreement will remain in full force and effect.
(b) No Third-Party Beneficiaries. This Agreement are not intended to confer any benefits on any third party except to the extent that it expressly states that it does.
(c) Entire Agreement. This Agreement is the final and complete expression of all agreements between you and Tencent regarding their subject matter and supersede all prior oral and written agreements regarding these matters. In the event of any conflict between the terms of this Agreement and the Tencent Cloud Terms, the terms of this Agreement will control with respect to the DNSPod Services and solely to the extent necessary to resolve such conflict, and the remaining provisions of the Tencent Cloud Terms will remain in full force and effect.
(d) Modification of this Agreement. Tencent may amend this Agreement from time to time by posting updated versions to the DNSPod Services. Updated versions will be effective no earlier than the date of posting. Tencent will use reasonable efforts to notify you of the changes, but you are responsible for periodically checking this Agreement for any modifications. Your continued use of the DNSPod Services constitutes your acceptance of any amended terms. Amended terms are not applicable retroactively.
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