PRODUCT SPECIFIC TERMS AND CONDITIONS DYN MANAGED DNS

Transcription

1 DYN MANAGED DNS 1. INTRODUCTION. These Product Specific Terms and Conditions are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same. 2. GENERAL DEFINITIONS Client Authorized User shall mean all individuals or users granted rights (intentionally or unintentionally) by Client in Client s Dyn Managed DNS Services portal ( Credit shall mean a dollar value equal to one three hundred and sixty fifth (1/365th) of the annualized amount of the monthly recurring fee due from Client under the applicable Order for the affected Dyn Managed DNS Services DNS Query or Query means a request sent by a computer to a Nameserver for an electronic copy of a Resource Record DNS Service or means a process by which a Nameserver responds to a DNS Query DNS Zone means a collection of connected nodes of a DNS Zone tree authoritatively served by a Nameserver (note that a single Nameserver can host many DNS Zones). Administrative responsibility over any DNS Zone may be divided, thus creating a descendant zone, which is a DNS Zone in its own right. Authority over a descendant DNS Zone is delegated for a portion of the ancestor DNS Zone, usually in form of sub-domain names, to another Nameserver. The ancestor DNS Zone ceases to be authoritative for the descendant DNS Zone Domain Name means an administrative portion of a DNS hierarchy Dynamic DNS Host means a hostname that is associated with a Dynamic IP Address Dynamic DNS Service means DNS Service implemented in a way that enables computers on the Internet to connect to a Host that is associated with a Dynamic IP Address Dynamic IP Address means an IP Address that does not remain the same over time Emergency Maintenance means maintenance that Dyn deems, in its sole discretion, necessary to remedy or prevent defects in Dyn s systems or networks that are affecting or may imminently affect the quality of the Services Nameserver means a computer which responds to DNS Queries NI or Nameserver Infrastructure shall mean the group of Dyn controlled systems (servers, hardware, and associated software) that are responsible for delivering the Dyn Managed DNS Services PI or Peripheral Infrastructure, shall mean the application protocol interfaces, zone transfer mechanisms, update systems, and other Client-accessible data access or manipulation methods provided by Dyn to Client for use in connection with the Dyn Managed DNS Services QPS means the average number of Queries received by the Nameserver Infrastructure during one second of service regardless of whether the record type is defined within the DNS Zone Query Logs means data generated by the NI upon its receipt of DNS Queries Resource Record means the manner of storing particular data concerning a DNS Zone or Host (e.g., A-Record, AAAA Record, and CNAME). DYNMANAGED DNS SERVICES Page 1 of 6

2 2.17. RFC means a final, non-draft Request For Comment published by the Internet Engineering Task Force Scheduled Maintenance means maintenance and/or upgrades to Dyn s systems or networks conducted (i) within Dyn s Regular Maintenance Windows or (ii) no less than forty-eight hours of receiving electronic notice from Dyn of such maintenance and/or upgrades, which such notice may be provided via web-posting on dynstatus.com or such other website that Dyn may designate from time-to-time Usage Component means any component of the Dyn Managed DNS Services that is offered on a per unit basis, which includes, but is not limited to, QPS, Domains, Resource Records, Traffic Director, Traffic Management and Advance Traffic Management Standard Managed DNS Services (Primary and Secondary). Dyn shall cause its Nameservers to respond to DNS Queries for Client s DNS Zone with the Resource Record Data Client has, using the Web Based Management Portal or APIs, set out for use by Dyn when responding to such DNS Queries. Managed DNS Service consists of following features: Globally Diverse IP Anycast Network. Dyn shall deliver the Dyn Managed DNS Services from its network, which has computers located in several locations around the globe and uses the IP Anycast methodology for responding to DNS Queries One-Time Account Implementation/Setup. Dyn shall dedicate, free of charge to Client, up to 1 hour of time toward Client implementation/setup Web Based Management Portal. Client may use the website located at to manage the settings that Dyn will use in delivering the Dyn Managed DNS Services Logging and Reporting. Client may use and review a variety of logging and reporting tools accessible via Access Control Lists. Client may use the Web Based DNS Management Portal to specify which Client Authorized Users shall have which rights with respect to making changes to the settings Client has established for use by Dyn in delivery of the Dyn Managed DNS Services DNSSEC Support. If Client elects to use DNSSEC, Dyn will, on behalf of Client and in accordance with applicable RFCs and Dyn s policies and procedures: (a) create, use and publish Zone Signing Keys and Key Signing Keys (collectively, DNS Keys ) (as such terms are defined in applicable RFCs); (b) provide Client with DNS Trust Anchors (as such term is defined in applicable RFCs) and (c) store, using commercially reasonable security precautions, the DNS Keys API Access (REST & SOAP). Client may update the technical information Dyn uses to provide it with the Dyn Managed DNS Services via Dyn s application protocol interface, which may be found at Advance Managed DNS Services. The following Advance Managed DNS Services are add-on features, which are purchased separately from, but for use in conjunction with, the Standard Managed DNS Services: Traffic Director. Traffic Director is an add-on feature for use in conjunction with Dyn s Standard Managed DNS Service and is offered on a per Hostname basis. If Client elects to purchase Traffic Director, when using Dyn s Standard Managed DNS Service in connection the applicable Hostname, Dyn will allow Client to configure Dyn s responses to Queries received on the NI for the applicable Hostname using traffic management methodologies, which may include the following: (i) High Availability: High Availability is a traffic management methodology whereby Queries received on the NI for the applicable Hostname are responded to using a Client designated, default resource, unless said default resource is unavailable; in which case, such Queries will be responded to using an alternate Client designated resource. Page 2 of 6

3 (ii) Ratio Load Balancing: Ratio Load Balancing is a traffic management methodology whereby Queries received on the NI for the applicable Hostname are responded to using Client designated Resource Records and supported, responseratio configurations made by Client in the Web-Based Management Portal and/or the API. (iii) Geolocation Load Balancing: Geolocation Load Balancing or GLB is a traffic management methodology whereby responses to Queries for the applicable Hostname received on the NI will be based on (a) the geographic region from where Dyn believes the Queries to have originated and (b) Client designated resources for said geographic region. Dyn determines the geographic origin of Queries based on third party mapping and sourcing technology, and as such, Dyn does not make any representations or warranties regarding the accuracy of such determinations Query Log Delivery. If Client elects to purchase Query Log Delivery, Dyn will periodically provide Client with Query Logs generated as a result of Client s and its end users use of the Dyn Managed DNS Services under the applicable Order ( Client Query Logs ), and Dyn will grant Client a non-exclusive, non-sub-licensable right to use Client Query Logs provided by Dyn to Client, but solely for Client s legitimate, internal business purposes Private Pool with Vanity Nameservers. Should Client elect to purchase Dyn s Private Pool add-on feature, Dyn will provide Client with a set of up to four (4) of nameserver Hostnames and corresponding IP addresses that will be solely reserved for the use by Client in connection with and throughout the term of the applicable Order. The nameserver Hostnames may be designated by Dyn or by Client; however, the corresponding IP addresses shall be designated by Dyn, and Dyn reserves the right to modify said IP addresses from time to time, in its sole discretion Implementation, Training QuickStart Implementation. QuickStart is an add-on training and implementation service that Client may elect to purchase. If Client elects to purchase QuickStart, Dyn will provide training and implementation assistance to Client for up to the specified period of time and up to the number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the QuickStart training and implementation assistance or the number of Client representatives that are permitted to receive such assistance, then the duration and/or number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to perform such training onsite, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection with such onsite training Onsite/Remote Training. Onsite/Remote Training is an add-on training service that Client may elect to purchase. If Client elects to purchase Onsite/Remote Training, Dyn will provide training for the specified period of time and the specified number of representatives set forth in the applicable Order; however, if the Order does not specify the duration of the training assistance or the number of Client representatives that are permitted to receive the training assistance, then the duration and number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to provide onsite training assistance to Client, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection said training. 4. BILLING, USAGE AND OVERAGE FEES 4.1. Queries Per Second. Dyn will process up to the number of DNS Queries specified in an Order per second, as such number of DNS Queries is calculated using the 95th Percentile Billing Method Excess Usage. If Client exceeds the limits for any applicable Usage Component specified in an Order, then Client shall incur additional monthly charges for such excess usage in accordance with the terms of this Agreement and the Overage Fee Schedule set forth below. If there is not a specified usage limitation for a particular Usage Component, then the usage limitation for that Usage Component shall be deemed to be zero (0), any use of such Usage Component shall be deemed to be excess usage, and Client will incur additional monthly charges (i.e., overage fees) for such excess usage in accordance with the terms of the Agreement and the Overage Fee Schedule set forth below. Overage Fees will be charged either on a per-unit basis or a per-pack or set-quantity basis, in accordance with the Overage Fee Schedule set forth below. Page 3 of 6

4 OVERAGE FEE SCHEDULE Standard Features QPS Pack $ 90 Domain $ 25 Resource Record Pack (1,000 Resource Records) $ 25 Traffic Director Active Failover $ 150/hostname Traffic Management $ 300/hostname Traffic Director $ 600/hostname 5. SERVICE LEVELS 5.1. Service Levels NI Outage shall mean a period when the Dyn NI fails to respond to DNS queries for more than 15 consecutive seconds out of any thirty (30) day period PI Outage shall mean a period when the Dyn PI is unavailable for more than four (4) hours out of any thirty (30) day period during periods that are outside of Scheduled Maintenance Support Outage shall mean a failure to meet the support service levels set forth in Section 6 (Technical Support) Outage shall mean a NI Outage, PI Outage or Support Outage, as applicable Exclusion from Outages. Notwithstanding any other term in herein, any downtime or unavailability of the PI, NI or Support Services resulting from one or more of the Exclusions shall be excluded from the calculus for determining Outages, and an Outage shall not be deemed to have occurred where downtime or unavailability results from one or more of the Exclusions. The term Exclusions refers to the following acts, omissions, event and circumstances: (i) the suspension and/or termination of the Services as described in the MSA and/or the AUP; (ii) any actions or inactions of you or any third party; (iii) Client s or its representatives or end users failure to comply with the terms and conditions of this Agreement, (iv) any failure to comply with the usage limits set forth in the applicable Order; (v) any inaccurate or insufficient information or configurations provided or set by Client or its representative(s) or Authorized Users; (vi) Client s or its representatives or end users failure to use all four DNS nameserver hostnames provided by Dyn; (vii) any misuse of the Services; (viii) any Client or third-party equipment, application programing, software, systems or networks; (ix) any network unavailability outside of the NI or PI; (x) any malicious acts by a third party against Client or against its end users, agents or suppliers; (xi) with regards to Support Outage, Client attempts to contact/submit a support ticket to Dyn outside of the specified support hours; (xii) Scheduled Maintenance or Emergency Maintenance; (xiii) any acts of terrorism, cyber terrorism or God, or any other event of force majeure; or (xiv) any other events or circumstances that are outside of Dyn s reasonable control (collectively, the Exclusions ) Notification, Determination & Credits Notification of Potential Outage Event. When Client becomes aware of a potential Outage, Client shall open a support ticket in Dyn s support ticket system as soon as is practicable, but in no case more than five (5) calendar days after the event Determination Regarding Existence of Outage Event. Dyn, based upon its records and data, shall have the power to determine, in its sole discretion, whether any Service disruption constitutes an Outage Determination of Credits Due to Client. Upon receipt of said support ticket, Dyn shall take reasonable commercial steps to determine whether an Outage occurred and thus whether Client may be eligible to receive Credit(s). With regards to NI Outages and PI Outages, the number of Credits will be calculated as follows: Page 4 of 6

5 NI Outage Length Credit(s) 15 sec. 5 min. 1 5:01 min. - 4 hrs. 7 More than 4 hrs. 30 PI Outage Length Credit(s) 4 hrs 8 hrs 1 8:01 hrs hrs. 3 More than 12 hrs Application of Credits to Client s Account. Credit(s) due to Client shall: (1) not exceed thirty (30) in any one month period; (2) be applied to Client s Account by crediting the value of the Credit(s) against Client s next charge or invoice. 6. TECHNICAL SUPPORT Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the terms set forth below: 6.1. Standard Support. Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below Pay-Per-Incident Support. Concierge Pay Per Incident Support is available to Client 24 hours a day, 7 days a week, 365 days a year at the rate listed in the applicable Order, or if the applicable Order does not specify the rate, such rate shall be Dyn s then current list pricing for Pay-Per-Incident Support. Dyn will use commercially reasonable efforts to respond to appropriately submitted Pay Per Incident Support requests promptly Urgent Support. Dyn will provide Client, free of charge, customer support for any problem arising as a direct result of an NI Outage or PI Outage. Such Urgent Support shall be available to Client 24 hours a day, 7 days a week, 365 days a year. Dyn will use commercially reasonable efforts to respond to Urgent Support inquiries opened by Client in accordance with the method described at Dyn will use commercially reasonable efforts to respond to an appropriately submitted Urgent Support inquiry within thirty (30) minutes. If Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty-minute window Client will be eligible to receive one (1) Credit. Subject to Section 5 (Service Levels), if Client submits an Urgent Support request, but no NI Outage or PI Outage has occurred, it shall be charged on a per incident basis in accordance with this Section (Pay-Per-Incident Support) Gold Level Support. If Client elects to upgrade to and purchase Dyn Gold Level Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below, (ii) provide Client with priority technical support queuing over standard technical support users, and (iii) provide Client with optional, annual state-of-account reviews. Dyn will use commercially reasonable efforts to respond within thirty (30) minutes to Gold Level Support inquiries that have been appropriately submitted by Client in accordance with the method described at Subject to Section 5 (Service Levels), if Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty (30) minute window, Client will be eligible to receive one (1) Credit Platinum Support. If Client elects to upgrade to and purchase Dyn Platinum Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below, (ii) provide Client with priority technical support queuing over Standard Support and Gold Level Support users, (iii) optional weekly check-ins, and (iv) optional, quarterly state-of-account reviews. Dyn will use commercially reasonable efforts to respond within thirty (30) minutes to Platinum Support inquiries that have been appropriately submitted by Client in accordance with the method described at Subject to Section 5 (Service Levels), if Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty (30) minute window, Client will be eligible to receive one (1) Credit. Page 5 of 6

6 Support hours/days per week: phone Support hours/days per week: Technical Support Schedule Standard Support Gold Level Support Platinum Support 24/7 24/7 *Support requests that are both submitted by Client and responded to by Dyn outside of the above referenced hours shall be treated as Concierge Pay Per Incident Support requests for billing purposes. 7. MISCELLANEOUS 7.1. The provisioning of Credits in accordance with the terms of these Product Specific Terms and Conditions shall be Client s sole and exclusive remedy should Dyn not meet the level of service provided for in these Product Specific Terms and Conditions All times referenced in these Product Specific Terms and Conditions are EST/EDT Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Master Services Agreement or the applicable Order(s) that are associated with these Product Specific Terms and Conditions. Page 6 of 6