The easyDNS Terms of Service
(Now in Plain English)
It is important to understand that this is an agreement between easyDNS and its customers. What constitutes a violation of this Agreement is at the sole discretion of easyDNS.
Breach of these terms can (and usually does) result in the following:
Busy bodies take note: third parties (people who are not our customers) cannot come to us, point to these terms and expect to successfully compel us to do anything. See our takedown policy - the short version is if you want to compel us to do anything, you'll need a court order.
easyDNS reserves the right to publicly post any takedown request we receive. Any legal or public documents involving easyDNS may be (and often are) posted to our blog.
You can report network abuse to email@example.com
For easyDNS members, these are the basic rules of the system:
- Most fees are paid in advance: domain registration, domain renewal, website hosting are examples of this. easyDNS won't register a domain until it's been paid for. This means if you send a cheque, we wait until we receive cheque until we register it (we don't wait for it clear, we assume it won't bounce.) If you pay via Bitcoin we wait for 2 confirmations.
DNS usage fees are due within 30 days after the month they accrue. Each service level comes with a base DNS usage quota (97% of users are always safely below quota). If you go over the quota for 2 consecutive months, you start getting billed for overage. This means you won't be penalized for "outlier" months (like you got /.-ed or something). We also calculate monthly DNS usage like this:
- we take the daily usage for the month
- we discard the top 5 days
- we replace those days with the average of the remaining days
- calculate your usage
- kaching! bill goes out.
Unpaid fees: results in things like the following happening:
Automatic rebilling / auto-renewals: When automatic rebilling is enabled we will auto-bill the credit card on file when your domains or other services come up for renewal. You can specify certain domains and services to not rebill automatically, you can also select domains that you no longer want to "allow expire”.
New domains don't get registered, leaving them open to somebody else grabbing them.
Existing domains don't get renewed, leading to domains expiring as per the Domain Expiration Cycle (see below)
Your DNS gets cut off, in the case of DNS usage fees or what we call "Service Only" domains - that means a domain for which we are only the DNS host, not the Registrar. (Most of the time we are not overly rigid about this, but ignoring our emails or phone calls about your outstanding bills tends to ratchet up our impatience in these matters and lowers our empathy levels toward your cause.)
You can turn off auto-rebills in your billing preferences.
You can decline to enable automatic rebills by unchecking that option in the payment page (many companies don't even let you do that).
The "enable automatic billing" checkbox defaults to "ON", why? We had to decide whether we wanted to get yelled at for "rebilling cards automatically" or whether we wanted to get yelled at "for letting my domain expire". We decided it's better to get yelled at for auto-billing a card. We can always refund those, we can't always get an expired domain back.
Your domains and websites are your problem. You assume responsibility for all repercussions your domains, websites and content have "out there" in the world. If any of it becomes our problem (i.e. we are named in a lawsuit because of something you did) you either have to do your utmost to get us off the hook or we will act independently to save ourselves. What this means is this: if you get us in trouble we will throw you under a bus.
Having said that: We are typically vigorous advocates for our clients. We require a valid legal basis under Ontario law, such as a court order, a judicial finding, subpoena or warrant to take down your domains or websites or produce documents. We will notify of you of any attempts to take down your domains or websites or obtain your data.
Exceptions to takedown policy and data sharing: We are fascists when it comes to net abuse and we know it when we see it. easyDNS is not a refuge for criminal or abusive activity, and we co-operate with Law Enforcement Agencies when we find net abuse on our system.
Domains found to be engaged in any of the following:
- C&C nodes, botnets
- DDoS attacks of any kind
- net abuse of any kind
will have all services terminated and we will share everything we know about you with LEA
Fraud. Do we need to say it? If you pay with a stolen credit card, or cracked paypal account, rubber cheque, etc. We terminate everything we can lay our hands on that belongs to you and we give all data we have on you over to the police.
Guilt-by-Association: not only do we terminate any domains or websites which violate our policies, we ferret out every other domain you have on the system under different names, accounts, etc and we terminate those too (don't worry, we can tell). There is no appeal.
Provide valid contact data. If you don't want your details published in the whois database, use whois privacy, but fake contact data in your account is a huge red flag here and it violates both the ICANN and CIRA policies on providing valid whois data.
Keep Your Account Data Up-To-Date! We use that to contact you in the event of a problem, if we can't contact you, we make decisions without your input. This can go so far to include account termination.
Yes, we will send you email. We typically send out things like: renewal notices, and invoices. We may also send you occasional emails about new products or services. Yes, everybody says "occasional", we really do mean "occasional" because we hate incessant email marketing as much as the next guy (ok, we probably hate it more than the next guy) If you want as-they-happen email updates when things like DDoS attacks and other system crises hit, you need to sign up separately for the blog notifier list (We also put out status updates on our Twitter feed)
Contracts of Adhesion. Because of our Status as an ICANN Accredited Registrar, part of our contract with ICANN makes it a requirement that we bind you to ICANN through the following contracts of adhesion (sorry)
Don't Break The Law! Things like HYIPs and ponzis are expressly prohibited here.
Do not violate the Non-Aggression Principle. The "NAP" (read more about it) is what makes it ok for us to shut down child porn sites, Nazis, the KKK or anything else that makes normal, sane people puke in their own mouths. If your actions or content violate the NAP - you're gone. (No, you don't have to sign up with us if you don't like it - that's what makes voluntaryism such an amazing leap forward in human civilization).
Free speech zone. Following on the above point, free speech means the freedom to tell the truth, not spew nonsensical filth. We will put our asses on the line to defend the former, we will not lift a finger for the latter. Yes, we can pick and choose because the latter always violates the NAP and the former doesn't.
Are you a service provider? Do you publish user contributed content? If you run infrastructure for downstream users, then you need to action any abuse complaints your users generate within 24 hours of us notifying you of them. Having said that We Are NOT Your Abuse Desk! If people are complaining to us because you don't answer the phone or reply to emails then we're going to get fed up pretty quick and solve the problem by terminating your service. Staff your abuse desk and take care of problems before we have to take care of them for you. You probably won't like it if we do.
Filesharing or Bittorrent sites? You need to action all copyright removal requests. If they start piling up here because you do not reply to these requests, we will terminate your service. Again We are not your abuse desk!
Online Pharmacies: Any website / domain shipping drugs over the internet must fulfill at least one of the following conditions:
- possess a valid pharmacy license on demand for any country they are shipping to, OR
- be approved by PharmacyChecker
- be approved by LegitScript
- be approved by the Canadian International Pharmacy Association
We are NOT a DDoS Mitigation Service. Yes, we have a lot of DDoS mitigation in place. No, this isn't here so that you can get cheap DDoS mitigation. You cannot use any services here if you are, have been or think you may be the direct target of a DDoS attack. Contact us instead for a referral to a real DDoS mitigation company. If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You've been warned).
Service Level Guarantees (SLAs): There are two SLA's here:
Domain Expiration Cycle: Your rights to any domain name lapse on the date the domain expires in the registry. After expiry there is a "grace period" (30 to 45 days) during which you can still renew the domain at the regular price, during this period the domain may also be direct transferred to another
party who is willing to take over the registration.
- Guaranteed Satisfaction or Money Back: for yearly billed DNS services (DNS Hosting, DNS Pro), easyPress and easyWEB - if you are dissatisfied you can ask for a full refund, any time, any reason. For a yearly service you get a refund of the year, for monthly service we will refund you 3-months fees.
- Enterprise DNS 100% DNS Uptime: If you experience any amount of DNS non-availability throughout the month, the month is free. You decide if an event has occurred, not us. Please note, it has to be actual DNS unavailability - a monitoring service saying "DNS blip" is not the same thing as your DNS actually being unavailable to actual users. Contact us if you want clarification on this.
At the end of the grace period, it goes into another state called "redemption period". It can still be renewed for another 40 - 45 days but now it costs more. The registry charges a lot more to pull a domain out of redemption than to renew it during the grace period - that's why redemption fees typically run over $100 per domain [.CA domains are exempt from redemption fees]. After redemption period, it goes "pending-delete" for 5 days. Then it's too late. Nothing can pull the domain back, it's going to get dropped by the registry and if it has any marginal value whatsoever, the "drop catchers" are going to grab it in about a millisecond after it becomes available again.
Never, ever let a domain you care about "expire" in the hopes or grabbing it back again later, you almost always get screwed trying that. Keep your account info current, you can also setup an iCal feed with your domain expirations.
Zombie Domains: easyDNS reserves the right to redirect traffic, park domains, blackhole
traffic or otherwise shape, mine or resell traffic in any manner for
domains that have been deemed "abandoned" on system nameservers.
- domains that are not associated with any user account but delegated
to our nameservers,
- domains within an account that is past due on services
- domains delegated to a vanity nameserver record that ultimately
resolves back to our nameservers but is otherwise defunct
Non-Disparagement. In an effort to ensure fair and honest public feedback, and to prevent the publishing of libelous content in any form, your acceptance of these terms prohibits you from taking any action that negatively impacts easyDNS, its reputation, products, services, management or employees. You accept these terms by reading them.
Just kidding! If you feel compelled to complain about our service, please let us know your grievances too. We can't fix it if we don't know about it.
Generic Catch-All CYA: We are not responsible for anything, you indemnify us against everything, use at your own risk, no warranties express nor implied, remove cellophane before eating.