New Feature: Easy Active Directory Based Policies
October 15, 2024
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UPDATED: 03/28/2025
This End User License Agreement (“Agreement”) is entered into between SCOUTDNS, LLC, a Texas Limited Liability Company (“SCOUTDNS”), and the subscribing party (“Client”), whether an individual or an entity. By accessing or using the SCOUTDNS platform and related services (“Service”), including on a trial or evaluation basis, the Client agrees to be bound by the terms of this Agreement.
This Agreement governs the Client’s use of the Service, including all associated software, websites, APIs, and related tools or services. This includes any use during a free trial, pilot, or proof-of-concept period, whether or not a paid subscription follows.
The Client affirms that they are authorized to enter into this Agreement and shall ensure that all Authorized Users, including those utilizing the Service on behalf of or through the Client, comply with these terms.
SCOUTDNS may update this Agreement from time to time to reflect changes in its services, business practices, or legal requirements. The most current version of this Agreement will always be available at the designated online location.
By logging in or continuing to use the Service, the Client acknowledges and agrees to be bound by the then-current version of the Agreement, including any updates. Clients are encouraged to bookmark and periodically review the Terms of Service page to remain informed of any modifications. If the Client objects to a material change in the Agreement, they must notify SCOUTDNS in writing within thirty (30) days of the update. SCOUTDNS may, at its sole discretion, agree to honor the previous version of the Agreement for the remainder of the Client’s current subscription term. If SCOUTDNS declines the request, the Client may terminate the Agreement, and will be entitled to a prorated refund for any unused portion of a prepaid subscription. See Section 10 Termination for more details pursuant to Opt-Out for Material Changes
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
• “Service”: The ScoutDNS platform and all associated features, tools, APIs, applications, websites, network infrastructure, software, and services provided by SCOUTDNS.
• “Client”: The individual or legal entity entering into this Agreement with SCOUTDNS. This includes Managed Service Providers (MSPs), resellers, or other partners using the Service on behalf of their own End Clients.
• “End Client”: Any third party to whom the Client provides services using the ScoutDNS platform. End Clients are not parties to this Agreement and have no contractual relationship with SCOUTDNS.
• “Authorized User”: Any individual or system that the Client permits to access or use the Service on its behalf.
• “Trial User”: Any individual or entity accessing the Service on a trial, evaluation, or proof-of-concept basis. Trial Users are subject to all applicable terms of this Agreement.
• “Query”: A recursive DNS request made by the Client or its users to the Service for domain name resolution.
• “Overage”: Usage beyond the limits of the Client’s subscribed plan or service tier, typically measured by query volume, user count, or seat count.
• “Threat”: Any behavior, event, or condition that could compromise or negatively affect the integrity, availability, or security of the Service.
• “Data”: All information submitted by the Client or generated through use of the Service, including logs, metadata, configurations, and user activity.
• “Billing Cycle”: The recurring time period (e.g., monthly, annually) used for invoicing and payment for the Service.
• “Service Disruption”: Any unplanned interruption or significant degradation of the Service’s availability or performance.
• “Cybersecurity Incident”: Any confirmed or suspected event affecting the confidentiality, integrity, or availability of data or systems within the Service.
The Client acknowledges and agrees that they are authorized to use the Service only in accordance with the terms of this Agreement, and may use the Service for their internal business purposes or, if applicable, for the benefit of their End Clients. The Client is responsible for ensuring that any End Clients comply with this Agreement, including obtaining the necessary consents from End Clients to process their data.
If the Client is a Reseller, they may resell the Service to End Clients but must ensure that all End Clients adhere to the terms of this Agreement. The Client, as a Reseller, will remain responsible for all acts or omissions of their End Clients, including but not limited to any breaches of this Agreement, and will indemnify SCOUTDNS for any related claims.
Nothing in this Agreement establishes a direct contractual relationship between SCOUTDNS and any End Clients. The Client is solely responsible for managing relationships with their End Clients and ensuring compliance with applicable laws and agreements.
SCOUTDNS offers multiple subscription plans and service tiers, which vary based on features, query volume, user or seat count, and support levels. The Client’s selected plan determines the included limits and pricing structure.
Clients are billed at the start of each Billing Cycle based on their chosen subscription and term. SCOUTDNS may require a valid payment method prior to the start of service. Any usage that exceeds the limits of the Client’s plan (including query volume, users, or seat count) will be billed as an Overage. Additional billing terms may be detailed in the Client’s invoice.
Clients may request a change to their subscription tier or plan before the start of a new Billing Cycle. Changes for usage-based tiers take effect in the next Billing Cycle and cannot be applied retroactively. Increases in user or seat count may be approved mid-cycle and billed accordingly.
SCOUTDNS may adjust pricing or fees at its discretion. Clients will be given at least 60 days’ notice before any change takes effect. Updated pricing will apply in the next Billing Cycle following the notice period.
SCOUTDNS may, but is not obligated to, monitor actual usage to ensure alignment with the subscribed plan. For user-based plans, SCOUTDNS may apply an average of 150,000 queries per user per 30-day period as a baseline for auditing usage. This metric and quantity of queries per period are subject to change with notice
SCOUTDNS may offer free trials or proof of concept accounts at its sole discretion. These accounts may be limited in features or time and may be terminated at any time. Trial Users are subject to all applicable terms of this Agreement, including data use, liability, and acceptable use.
Any unpaid amounts may be subject to interest or collection fees as permitted by law. SCOUTDNS may suspend or terminate access for failure to pay in a timely manner.
SCOUTDNS may choose, at its discretion, to allow existing Clients to continue under prior pricing terms following a pricing change. This exception may be revoked at any time, with updated pricing to apply at the next Billing Cycle.
SCOUTDNS provides a 99.999% uptime guarantee for its DNS resolution anycast network. This guarantee is measured by a third-party monitoring tool via the official SCOUTDNS status page. This SLA applies exclusively to the core DNS resolution service accessed through any of SCOUTDNS’s anycast IP addresses and does not include the web user interface (UI), APIs, log services, on-premises relay agents, or roaming clients.
If SCOUTDNS fails to meet the 99.999% availability level in a given calendar month, the Client may request a service credit equal to 50% of the base monthly subscription rate. For Clients on annual plans, the monthly equivalent will be calculated by dividing the annual fee by 12. Credit requests must be submitted in writing within 14 days of the outage and must reference the official SCOUTDNS status page as evidence. Credits apply only toward future service and have no cash value.
This SLA does not apply to service disruptions caused by:
• Misconfigurations or errors on the part of the Client;
• Failures of the Client’s internet service provider or internal network;
• Scheduled or emergency maintenance, whether announced or unannounced;
• Issues outside SCOUTDNS’s control, including third-party infrastructure failures;
• Service throttling or restrictions imposed under Section 9 (Monitoring and Integrity).
While SCOUTDNS provides DNS security filtering and related threat protection features, no solution can guarantee prevention of all threats. The Client acknowledges that SCOUTDNS is not liable for any cybersecurity incidents, including data breaches, malware infections, or service outages, even if those incidents arise from a failure to detect or block a specific threat.
Although SCOUTDNS strives to maintain maximum uptime, the Service may experience unplanned outages or interruptions. SCOUTDNS shall not be liable for any damages resulting from downtime, performance degradation, or temporary unavailability of the Service. Client is fully responsible to ensure continuity of service through their own and separate disaster recovery plans.
To the maximum extent permitted by law, SCOUTDNS’s total cumulative liability for any claims under this Agreement shall not exceed the total amount paid by the Client to SCOUTDNS in the twelve (12) months preceding the event giving rise to the claim.
SCOUTDNS does not warrant that all threat detections, domain categorizations, or automated actions taken by the Service will be accurate or error-free. The Client is responsible for reviewing and configuring settings in accordance with their own risk posture and business requirements.
SCOUTDNS shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, loss of business opportunity, or reputational harm, even if advised of the possibility of such damages.
SCOUTDNS is not responsible for the performance, actions, or failures of third-party services, vendors, ISPs, or infrastructure providers, even if such services are used in conjunction with the SCOUTDNS platform.
Client data is stored in the cloud in one of three primary regions (United States, Europe, or Asia), based on the Client’s selected configuration or default assignment. All data is encrypted in transit and at rest using industry-standard encryption protocols.
Access to Client data is limited to authorized SCOUTDNS personnel and is governed by strict internal access policies. SCOUTDNS employs role-based access controls and enforces a need-to-access standard to help ensure the confidentiality and integrity of Client data.
SCOUTDNS may retain and analyze DNS metadata for threat intelligence and cybersecurity research. Such metadata is anonymized and stripped of identifiable Client information (including account names, IP addresses, and user identifiers) before use or external sharing.
Client data, except for anonymized metadata, is retained only for as long as needed to deliver the Service and is subject to the storage limits defined by the Client’s service plan. Once those limits are reached or the Agreement is terminated, identifiable data will be deleted within 60 days, unless required by law to retain it longer.
Clients may request deletion of their specific data at any time, including user identifiers, user IP addresses, and account configuration data. SCOUTDNS will make commercially reasonable efforts to accommodate such requests in compliance with applicable law. This right applies only to Client-specific data. Clients acknowledge they do not own or control any domain name data, assigned IP addresses, categorization labels, classification outcomes, or other service-level data generated or maintained by SCOUTDNS.
SCOUTDNS may be legally required to disclose Client data in response to valid legal orders. Where permitted, SCOUTDNS will make reasonable efforts to notify the Client prior to disclosure. In some jurisdictions, such notice may be legally prohibited.
The Client is responsible for ensuring that any use of the Service with End Clients complies with applicable data protection laws, including obtaining appropriate consent for processing, transfer, and storage of End Client data via the Service.
SCOUTDNS may use third-party service providers (including cloud infrastructure providers, security vendors, and analytics platforms) to support the delivery and operation of the Service (“Subprocessors”). SCOUTDNS remains responsible for the compliance of its Subprocessors with this Agreement. A current list of Subprocessors may be provided upon written request. The Client acknowledges and agrees that such Subprocessors may process Client Data in accordance with this Agreement and applicable law.
To the extent SCOUTDNS processes any Personal Data (as defined under the General Data Protection Regulation (EU) 2016/679 or UK GDPR) on behalf of the Client, the parties agree that the Client is the Data Controller and SCOUTDNS is the Data Processor. SCOUTDNS shall process Personal Data only in accordance with the Client’s lawful instructions and applicable data protection laws.
The parties shall, upon request, execute a Data Processing Addendum (“DPA”) to address additional requirements under GDPR, including data subject rights, data transfers, and subprocessors. SCOUTDNS agrees to operate appropriate technical and organizational measures to protect Personal Data in accordance with Article 32 of GDPR.
In the event of a confirmed Security Breach that results in unauthorized access to or disclosure of Client Data, SCOUTDNS will notify the Client without undue delay after becoming aware of the breach. The notification will include, to the extent known: the nature of the breach, categories of data affected, potential impact, and measures taken or proposed to address the breach. SCOUTDNS will provide reasonable cooperation and support to the Client in complying with any applicable legal obligations relating to the breach, including data subject or regulatory notifications, where required.
“Confidential Information” means any non-public, proprietary, or sensitive information disclosed by either party, whether in written, oral, or electronic form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
For clarity, Client Data processed as part of the Service—including user identities, logs, and configuration details—is governed under Section 7 and is not considered “Confidential Information” for the purposes of this section.
Confidential Information does not include information that:
• Is or becomes publicly known through no fault of the receiving party;
• Was known to the receiving party without restriction before disclosure;
• Is lawfully received from a third party without breach of any confidentiality obligation;
• Is independently developed by the receiving party without use of the disclosing party’s information;
• Is approved for release by the disclosing party in writing.
Each party agrees to protect the other’s Confidential Information using at least the same degree of care it uses to protect its own confidential materials, but in no case less than a reasonable standard of care. Confidential Information may only be used to fulfill obligations under this Agreement and shall not be disclosed to any third party except as required to provide the Service or by law.
Each party may share Confidential Information with employees, contractors, or advisors who have a legitimate need to know and are bound by obligations of confidentiality no less protective than those in this Agreement.
Upon expiration or termination of this Agreement, or at the disclosing party’s request, the receiving party shall promptly return or securely destroy all Confidential Information in its possession, and confirm such destruction in writing, unless retention is required by law.
All intellectual property rights in and to the Service, including any software, tools, content, features, updates, enhancements, or documentation provided by SCOUTDNS, are and will remain the exclusive property of SCOUTDNS and its licensors. This Agreement does not transfer any ownership rights to the Client.
SCOUTDNS grants the Client a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for its internal business purposes and subject to the terms of this Agreement.
If the Client or its users provide feedback, suggestions, or recommendations regarding the Service (“Feedback”), SCOUTDNS may freely use, incorporate, or commercialize such Feedback without obligation or compensation. The Client assigns all rights in the Feedback to SCOUTDNS to the extent permitted by law.
The Client shall not (and shall not permit others to):
• Copy, modify, or create derivative works of the Service;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Remove or alter any proprietary notices or branding;
• Use the Service in violation of applicable laws or third-party rights.
Except for the limited rights expressly granted in this Agreement, SCOUTDNS reserves all rights, title, and interest in and to the Service, its technology, and intellectual property. No rights are granted by implication, estoppel, or otherwise.
Either party may terminate this Agreement for any reason by providing thirty (30) days’ written notice prior to the next Billing Cycle. Termination will take effect at the end of the current Billing Cycle.
Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.
SCOUTDNS may suspend or terminate access to the Service immediately, without prior notice, if the Client’s use threatens the integrity, security, or availability of the platform. SCOUTDNS will notify the Client within 48 hours and may, at its discretion, offer an opportunity to cure. All outstanding fees up to the termination date become immediately due. No credits or refunds will be issued for unused services.
Upon termination for any reason:
• All rights granted to the Client under this Agreement will immediately cease;
• The Client must stop using the Service and delete or return all SCOUTDNS Confidential Information;
• SCOUTDNS will delete or return all Client-specific data as described in Section 7;
• The Client remains responsible for any unpaid fees through the termination date.
Client-initiated termination does not entitle the Client to a refund for unused services. In the event SCOUTDNS terminates the Agreement for convenience (i.e., not for breach), the Client will be entitled to a prorated refund for any prepaid, unused portion of their subscription.
If the Client fails to pay any outstanding amounts and does not resolve the issue within a reasonable time period, SCOUTDNS may terminate the Agreement or suspend access to the Service without further notice. No refunds will be provided.
SCOUTDNS may terminate trial, free, or proof-of-concept accounts at any time, for any reason, without prior notice or liability.
Either party may terminate this Agreement immediately upon written notice if the other party becomes insolvent, makes a general assignment for the benefit of creditors, files for bankruptcy, or has a receiver, trustee, or similar officer appointed for its assets. Such termination will take effect immediately upon notice and will not be subject to the 30-day notice period for convenience termination. No refunds will be given.
Notwithstanding any termination, the Client’s obligations regarding confidentiality (Section 8) and intellectual property rights (Section 9) shall survive the termination of this Agreement and continue in full force and effect.
If the Client notifies SCOUTDNS in writing of an objection to a material change in this Agreement within thirty (30) days of its posting, SCOUTDNS may choose to allow the Client to continue under the prior version of the Agreement through the end of the current subscription term. If SCOUTDNS declines, the Client may terminate the Agreement and will receive a prorated refund for any unused prepaid fees.
For purposes of this section, a “material change” means a change that (i) reduces the Client’s rights under this Agreement, (ii) imposes new material obligations on the Client, or (iii) materially alters the scope, pricing, or legal risk associated with the Service. Changes to formatting, clarifications, or improvements in readability are not considered material changes.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal matters or disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Texas, unless otherwise resolved through arbitration as outlined below.
In the event of a dispute, the parties agree to first attempt to resolve the matter in good faith through informal discussions. If resolution is not reached within thirty (30) days of written notice, the dispute may proceed to binding arbitration.
If informal resolution fails, either party may initiate binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration will take place in Texas and will be conducted in English. The arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.
Notwithstanding the above, either party may seek injunctive or equitable relief in court to prevent actual or threatened misuse of confidential or intellectual property that could cause irreparable harm.
In any arbitration or legal proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs from the other party.
SCOUTDNS agrees to defend, indemnify, and hold harmless the Client, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
• SCOUTDNS’s violation of applicable laws;
• Any proven breach of SCOUTDNS’s representations, warranties, or obligations under this Agreement;
• Alleged infringement of third-party intellectual property rights caused by SCOUTDNS’s technology (excluding any third-party components used or provided by the Client).
The Client agrees to defend, indemnify, and hold harmless SCOUTDNS, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of:
• The Client’s use of the Service, including use by its Authorized Users or End Clients;
• The Client’s breach of this Agreement or violation of applicable laws;
• Any data, content, or configuration provided or introduced by the Client into the Service;
• Any claims brought by End Clients or third parties related to the Client’s services.
The indemnified party must:
• Promptly notify the indemnifying party in writing of any claim;
• Provide reasonable cooperation and assistance at the indemnifying party’s expense;
• Allow the indemnifying party to control the defense and settlement of the claim, provided no settlement admits fault or imposes obligations on the indemnified party without their prior written consent.
No party is obligated to indemnify the other for claims arising from the other party’s gross negligence, willful misconduct, or violation of law.
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party may bind the other or make representations on its behalf without prior written consent.
This Agreement does not grant either party exclusive rights or obligations. SCOUTDNS may provide similar services to other clients, and the Client may use other vendors or service providers, unless otherwise agreed in writing.
This Agreement is intended solely for the benefit of the parties and their respective permitted successors and assigns. It does not confer any rights or remedies on any third party, including End Clients.
Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government actions, or failures of internet or utility services (“Force Majeure Event”).
The affected party shall promptly notify the other party of the Force Majeure Event and use reasonable efforts to resume performance as soon as practicable. If the Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice.
Notwithstanding the foregoing, each party remains responsible for compliance with its obligations regarding confidentiality (Section 8) and intellectual property rights (Section 9), which shall continue in full force and effect despite any Force Majeure Event.
This Agreement, together with any applicable addenda or separate written agreements signed by both parties, constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous communications, proposals, or agreements, whether written or oral. In the event of any conflict, this Agreement will control unless expressly stated otherwise in a signed agreement between the parties.
This Agreement may only be amended or modified in writing and signed by both parties unless otherwise stated in a written addendum provided by SCOUTDNS.
The Client may not assign or transfer this Agreement, in whole or in part, without the prior written consent of SCOUTDNS. SCOUTDNS may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Sections that by their nature should survive termination (including but not limited to Confidentiality, Intellectual Property, Indemnification, and Governing Law) shall survive any expiration or termination of this Agreement.
If the Client is subject to data protection laws such as the EU General Data Protection Regulation (GDPR), UK GDPR, or other similar legislation, SCOUTDNS offers a standard Data Processing Addendum (“DPA”) upon request. Upon execution by both parties, the DPA shall become part of and incorporated into this Agreement. In the event of any conflict between the DPA and this Agreement, the terms of the DPA shall control with respect to the processing of Personal Data.