1. Structure of these Terms and Conditions
1.1 The following Terms and Conditions are incorporated in, and apply to, any agreement between NetNames Pty Ltd (ACN 136 470 838) ("NetNames Australia") and a Customer for the supply of Managed DNS Services.
1.2 Unless otherwise indicated, capitalised terms used in these terms and conditions have the meanings given in the NetNames AustraliaStandard Terms and Conditions available at http://www.netnames.com/policies/.
2. Supply of Managed DNS Services
2.1 NetNames Australiawill provide the Managed DNS Services to the Customer as described in a Purchase Order on the terms of this Agreement.
2.2 From the Start Date, the parties must work together in good faith to agree to a Managed DNS Services Implementation Plan. NetNames Australiawill use reasonable efforts to provide the Managed DNS Services Implementation Services in accordance with the Managed DNS Services Implementation Plan.
3.1 Where Zone Files and Resource Records are used in connection with the Managed DNS Services, such remain the property of the Customer and NetNames Australiamust not sell or otherwise grant access to such to any person, other than in order to comply with its obligations under the Agreement, unless authorised or required by the Customer or a Regulatory Body.
3.2 Notwithstanding anything to the contrary herein, the parties agree that NetNames Australiashall be permitted to utilise data relating to the usage of the Managed DNS Services for statistical purposes.
3.3 Where NetNames Australiaprovides 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 NetNames Australia.
The Customer indemnifies NetNames Australiaagainst all claims, costs, loss or damage suffered or incurred by NetNames Australiacaused by, or in connection with, any act or omission of a Registrant, Registrar, Registry Operator or DNS User.
5. Force majeure
Notwithstanding anything to the contrary herein, NetNames Australiawill 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 NetNames Australia’s direct responsibility or control except where such failures are due to the act or omission of:
5.1 a subcontractor or supplier of NetNames Australia(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 NetNames Australia); or
5.2 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 NetNames Australia.
DNSSEC means Domain Name System Security Extensions which are a suite of specifications for securing certain kinds of information provided by the DNS;
DNS means the Domain Name System;
DNS User means any person utilising or enjoying the benefit of the Managed DNS Services provided under this Agreement;
Managed DNS Services means the provision of some or all of the DNS services provided by NetNames Australiato the Customer, as specified in the Purchase Order;
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, subject to any terms and conditions set forth by ICANN;
Registrant means the individual or organisation that is recorded in the Registry as the person or organisation who is entitled to use a specific Domain pursuant to an agreement with a Registrar;
Registrar means any person that is accredited, authorised, licensed or otherwise approved by the
Registry Operator to process data on behalf of Registrants in respect of a particular domain name in the Registry for a TLD;
Registry means the registry required to store and maintain details of domain names in a TLD;
Registry Operator means an entity which has the delegated authority for a TLD;
Regulatory Body means any government or any governmental, semi-governmental, or judicial entity or authority, including ICANN, any self regulatory organisation established or recognised under statute or any stock exchange.
Resource Record means the basic data element in the DNS that define the structure and content of the DNS;
Third Party Software means any software that is required to be licensed separately to the Customer by the owner or licensor thereof, that is to be supplied by the Supplier as specified in the Purchase Order or as otherwise ordered by the Customer and agreed by NetNames Australiafrom time to time in accordance with this Agreement.
Zone means a sub-section of the DNS hierarchy for which administrative responsibility has been delegated;
Zone File means a data file which describes a Zone.