Managed DNS (premium DNS / anycast servers), including the provision of such anycast servers on a separate, single-tenant network at additional cost (“Dedicated DNS”) (collectively, the “Managed DNS Services” or “Services”) are provided by NSONE Inc and subject to the End User Terms set out below and as updated from time to time.
In the event of any conflict between your contract for Services and these End User Terms, and to the extent that such conflict relates to the Services, the parties acknowledge and agree that the End User Terms shall prevail.
“Agreement” means together these End User Terms and your contract for Services
“Client” means your client contracting entity as set out in your contract for Services
“Service(s)”, for the purposes of these End User Terms means the Managed DNS (premium DNS / anycast servers) and (where requested by Client at additional cost) the Dedicated DNS
“Supplier” in these End User Terms shall mean the Com Laude contracting entity set out in your contract for Services
END USER TERMS
- SERVICES: Client agrees that it will not, and will not authorise any other party, to: (1) use any of Services in a manner that is inconsistent with the terms of the Agreement; (ii) it will not modify, adapt, translate, copy, decompile, disassemble, or reverse engineer any portion of the Services; (iii) use, sell, lease or permit use of any portion of the Services for the benefit of any third party (other than to parties whom the Supplier and Client agree are covered by these Services or pursuant to contractual terms between the parties; or (iv) use the Services to violate any applicable law, regulation or order, including without limitation, any applicable export control and data protection laws; and (v) use the Services to develop, test or enhance any products that are competitive to any products or services offered by the Supplier, NS1 or either of their affiliates.
- LIMITED WARRANTY: EXCEPT FOR (i) SERVICE-SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN A STATEMENT OF WORK OR SERVICE TERMS AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE PARTIES AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUPPLIER AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS (WHICH INCLUDE NS1) DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT ANY SERVICES PROVIDED WILL SATISFY THE CLIENT’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT-FREE OR UNINTERRUPTED, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR SERVICE-SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN A STATEMENT OF WORK OR SERVICE TERMS, THE SERVICES AND ANY CORRESPONDING SOFTWARE (IF MADE AVAILABLE), INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, TIMELINESS, DURABILITY, INTEGRABILITY OR ACCURACY, AND CLIENT ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR SELECTION, USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE THEREOF