Terms and Conditions for Name Server Managers

Terms and Conditions for Name Server Managers

Version 1.3 - 31 January 2016

 

1. Purpose

These Terms and Conditions shall set out the obligations and rights for validation and registration of Name Servers as well as Name Server Managers, including the handling of DNSSEC on behalf of the registrants.

 

2. Definitions

The Agreement: The Agreement on obligations and rights for validation and registration of Name Servers including the handling of DNSSEC entered into between DK Hostmaster A/S (hereinafter DK Hostmaster) and the Name Server Manager. The Agreement shall comprise of these Terms and Conditions, the signed host application and DK Hostmaster's notification to the applicant that he or she has been approved as Name Server Manager.

DIFO: Abbreviation for Dansk Internet Forum (www.difo.dk), which is the body responsible for registering and implementing domain names under the .dk top-level domain.

DNS: Abbreviation for Domain Name System, which is based on hierarchical and distributed management of Domain names and IP addresses for communication on the IP-based network, the Internet. The structure ensures that the system is functional and that Domain Names are unique and universally accessible. (RFC 1034 and RFC 1035 – both with accompanying changes).

DNSSEC: Abbreviation for Domain Name System Security Extensions. DNSSEC is a security safeguard that enable verification of the correctness of the response to a DNS request.

Name Server: A computer that has both the software and the data (DNS records) necessary for delegated Domain Names to be resolved into the relevant IP addresses.

Name Server Manager: A natural or legal person who is authorised to validate and register Name Servers under the Agreement.

Key proxy: A natural or legal person who handles transactions involving changes to the set-up and content of encryption keys for DNSSEC. As a general rule, the Name server manager is the key proxy, however the registrant may at any time choose to become the key proxy.

The Parties: DK Hostmaster and the Name Server Manager.

Registrant: A natural or legal person who, after registration with DK Hostmaster via a Registrar, has been authorised to use a Domain Name.

Registrar: A natural or legal person who has been approved by DK Hostmaster to register second-level Domain Names under the .dk top-level domain for himself or herself and others.

 

3. Approval as a Name Server Manager under the .dk domain

Any natural or legal person can apply for approval as a Name Server Manager under the .dk domain by submitting a host application to DK Hostmaster. DK Hostmaster has to approve the Name Servers that the Name Server Manager wishes to validate and register. The form for a host application can be downloaded from the website www.dk-hostmaster.dk.

The host application shall contain the following information:

  • The applicant's name, corporate form, where applicable, address and telephone number,
  • The server name and IP number for the server covered by the application,
  • The name of the natural person or a clearly identifiable function at the applicant's company to which inquiries can be addressed,
  • An email address for the abovementioned person or function,

In order for DK Hostmaster to approve a Name Server Manager, DK Hostmaster may require the applicant to provide documentation that it possesses the requisite technical expertise in DNS functions, including the setting up of domains on a Name Server.

If DK Hostmaster approves the applicant as a Name Server Manager, DK Hostmaster will register the approved Name Server and inform the applicant that he or she has been approved as a Name Server Manager under .dk domain for this Name Server. If DK Hostmaster rejects the application, the applicant can bring a complaint regarding DK Hostmaster's decision before DIFO.

 

4. Obligations of the Name Server Manager

4.1 Obligation to transfer the zone

In specific circumstances DK Hostmaster needs to validate one or more zones on the Name Server Manager’s Name Servers by use of a zone transfer. In these circumstances DK Hostmaster will send a written requirement by fax, letter or email to the Name Server Manager requesting zone transfer. On the basis of the written requirement the Name Server Manager shall without undue delay give DK Hostmaster access to the requested zones via AXFR on TCP port 53. If this is not done, DK Hostmaster is entitled to terminate the Agreement without notice, see section 11.4

DK Hostmaster will perform the validation on the domain under which the Name Server runs.

4.2 Obligation to be available

The Name Server Manager undertakes to be available to DK Hostmaster to respond to and clarify technical questions about DNS servers that have been set up. If the Name Server Manager changes his or hers contact information (physical address, telephone number or email address), the Name Server Manager shall notify DK Hostmaster accordingly without undue delay.

4.3 Control measures

The Name Server Manager shall submit to the control measures considered necessary by DK Hostmaster to ensure reliable ongoing operation of the DNS. At its discretion, DK Hostmaster can carry out tests on one or more of the .dk zones administered by the Name Server Manager.

4.4 Zones that have been set up incorrectly

DK Hostmaster will notify the Name Server Manager – via the specified email address – of any zones that have been set up incorrectly for a given Name Server in DK Hostmaster's database of approved Name Servers. DK Hostmaster will not use the SOA record as a source for the Name Server Manager.

The Name Server Manager shall be obliged to correct the error within 14 days.

DK Hostmaster shall be entitled to suspend the zone from the .dk domain if the error is not corrected within this time limit. DK Hostmaster will then ask the Registered User of the domain name to rectify the situation within 8 weeks.

4.5 DNSSEC

DK Hostmaster offers the DNSSEC security safeguard. DK Hostmaster shall ensure that the encryption keys generated by DK Hostmaster used for DNSSEC signing of the .dk zone are valid and advertised correctly.

The use of DNSSEC shall not imply an extension of DK Hostmaster’s responsibility for the correctness of DNS information.

4.5.1 DNSSEC in regards to registrants

The name server manager may handle DNSSEC keys on behalf of the registrant. This implies that the name server manager can submit keys to DK Hostmaster covering the name server manager’s zone.

The name server manager thereby becomes the key proxy with the limitations listed in DK Hostmaster’s General Terms and Conditions, including that the registrant at all times may choose to opt out of DNSSEC entirely or choose to disable the name server manager’s keys.

In case the name server manager charges payment from the registrant for the handling of DNSSEC, the name server manager is required to inform the registrant of the amount before entering into the agreement.

4.5.2 Registration of DNSSEC

The registration of DNSSEC can be done by using the systems DK Hostmaster makes available in connection with the administration of domain names.

The name server manager is required to:

  • generate encryption keys to be used for DNSSEC,
  • submit the public key from the generated set of keys to DK Hostmaster, and
  • publish the keys in DNS.

The responsibility for the name server manager’s encryption keys and the handling of these, rests with the name server manager.

DK Hostmaster does not charge payment from the name server manager for the establishment of DNSSEC.

4.5.3 Re-delegation

In case a domain name with DNSSEC is re-delegated, the DNSSEC service, as a general rule, will be disconnected until a new key proxy and new keys are registered on the domain name’s basic information.

 

5. Disclosure of information on the Name Server Manager

The Name Server Manager's contact information (name, address and telephone number) will be publicly accessible from DK Hostmaster's Whois database. This is a prerequisite for acting as a Name Server Manager and by accepting the agreement, the Name Server Manager agrees to this precondition.

 

6. Damages

The Parties shall be liable to pay damages to the other Party according to Danish law.

DK Hostmaster shall not be liable to pay damages to the Name Server Manager for losses

  • that are indirect (such as loss of earnings, loss of data and similar losses), 
  • that are the result of DK Hostmaster's decision to reject an application for registration of Name Servers,
  • that are the result of DK Hostmaster's decision to delete a registration of a Name Server due to non-compliance with the Agreement.

 

7. Independent contracting parties

DK Hostmaster and the Name Server Manager declare that they are independent contracting parties. Neither Party shall in any way whatsoever be entitled or authorised to represent the other Party or act as an agent for the other Party.

 

8. Assignment of the Agreement

The Name Server Manager is only entitled to assign this Agreement or its rights or obligations under the Agreement with a prior written consent of DK Hostmaster.

 

9. Amendments to the Agreement

DK Hostmaster reserves the right to unilaterally amend the Agreement by giving at least 30 days prior written notice to the Name Server Manager.

 

10. Notification

All notices and notifications from the Name Server Manager to DK Hostmaster shall be in writing, including by fax, letter or email, to the key account manager of DK Hostmaster at any time (may be contacted via the email address: registrator@dk-hostmaster.dk).

 

11. Termination

The Agreement shall remain in force until terminated or notice of termination is given in accordance with the provisions below.

In the event that the Agreement is terminated, the Name Servers covered by the Agreement shall be deleted.

11.1 The Name Server Manager’s right of termination

The Name Server Manager shall be entitled to terminate the Agreement by giving prior written notice to expire on the last day of the calendar year after termination.

11.2 DK Hostmaster’s right of termination

DK Hostmaster shall be entitled to terminate the Agreement if DK Hostmaster ceases its hostmaster function for the .dk domain.

Beyond this, DK Hostmaster shall be entitled to terminate the Agreement only on grounds of fact and giving reasonable notice.

11.3 The Name Server Manager’s termination in case of breach of contract by DK Hostmaster

In the event that DK Hostmaster commits a material breach of this Agreement, the Name server Manager shall be entitled to terminate the Agreement with immediate effect if DK Hostmaster fails to remedy the breach within ten (10) business days after having been required to do so in writing.

11.4 DK Hostmaster’s termination in case of breach of contract by the Name Server Manager

In the event that the Name Server Manager commits a material breach of this Agreement including fails to comply with its obligations under the Agreement, and the Name Server Manager fails to remedy such non-compliance within ten (10) business days after having been required to do so in writing, including by email, DK Hostmaster shall be entitled to terminate the Agreement without given further notice.

Notwithstanding the above-mentioned, DK Hostmaster is entitled to terminate the Agreement without giving notice if the Name Server Manager does not transfer the zone as mentioned in section 4.1, or in the event that the Name Server Manager persistently breaches his or her obligations under the Agreement.

 

12. Governing law and venue

The Agreement shall be governed by Danish law. Any disagreement or dispute between the Parties concerning the interpretation or scope of the Agreement or otherwise arising out of or in connection with this Agreement shall be settled by the Maritime and Commercial Court in Copenhagen.

 

13. Commencement of the Agreement

This Agreement shall enter into force when DK Hostmaster has approved the applicant as a Name Server Manager. In the event that DK Hostmaster does not approve the host application, the provisions set out in these Terms and Conditions regarding the application procedure shall apply.

 

14. Language

These Terms and Conditions are available both in Danish and in English. In the event of discrepancy between the two versions, the Danish version shall apply.

 

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