This DPML Block Services Agreement ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day that our DPML Block Services ("DPML Block Services") are ordered and paid for.
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement by reference, and your subscription to our DPML Block Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions of your use of our DPML Block Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits unless explicitly stated herein.
1. Description of DPML Block Services
The DPML Block Service is a service provided by Donuts, Inc. in conjunction with its applied for TLDs in ICANN's new GTLD program. The DPML Block prevents the registration of certain second-level domain names ("SLDs") in all top-level domains ("TLDs") owned and operated by Donuts, Inc. or its affiliates ("Donuts"). DPML utilizes the Trademark Clearinghouse Validation Services ("TMCH") and the Signed Mark Date File ("SMD File") generated for validated trademarks in the TMCH to determine which second-level domain names you are able to apply for under this Agreement.
The DPML Block Services generally allow you to:
a. Prevent the registration of, or block, for a fee, for a period of 5-10 years, certain strings in all TLDs owned and operated by Donuts, Inc. or its affiliates;
b. Override the block, for an additional fee, of certain TLDs in the protected DPML for use ("Override");
2. Provision and Configuration of the DPML Block Services
For a DPML application to be submitted, in addition to complying with the terms of this Agreement and the terms and conditions of Donuts, you must provide the following:
a. Name of DPML block holder (must match name from TMCH SMD File);
b. SLD requested to be put under DPML;
c. The corresponding SMD File as issued by the TMCH;
d. Name of DPML block holder's representative submitting the DPML block application, including administrative and technical contact, street address, country and postal code, email address, telephone number and fax number;
e. The requested DPML Block period (5-10 years), or if a renewal, the requested renewal period (1-10 years); and
f. The required fee paid to us.
3. DPML Specifications
Each SLD that you request to be blocked will incur a separate DPML Block fee ("Fees").
3.1 DPML Block Creation
A DPML Block string will only be created or modified insofar and to the extent that:
a. The string meets the criteria in section 3.2 below;
b. The string and the information contained in the DPML request meet the requirements in this Agreement;
c. The string is not already under a DPML Block;
d. The string in the SMD file either (i) exactly matches the applied for SLD, or (ii) is contained in the applied for SLD (e.g. if the string "sample" is in the SMD File, a DPML Block may be applied for any of the following SLDs: "sample", "musicsample", "samplesale", or "thesampletest".
3.2 DPML Block Requirements
DPML Block applications will not be accepted unless the applied for SLD meets applicable requirements as defined in RFC 1035, RFC 1123, and RFC 2181, including the following technical and syntax requirements:
a. The SLD must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9 and hyphens;
b. The SLD cannot begin or end with a hyphen;
c. For DPML Blocks in IDNs, blocked SLDs must be in the languages Donuts offers and supports as specific by Donuts;
d. The SLD can only have two consecutive hyphens (--) in the 3rd and 4th positions, when preceded by "xn" and followed by a label that corresponds with an IDN containing characters referred to in (c) above;
e. The SLD cannot exceed 63 characters; and
f. The TMCH-elgibile term in the SMD File must contain at least three characters (one or two character DPML Blocks are prohibited).
3.3 Authentication of DPML Block Requests
DPML Block will not be processed until the SMD File has been validated and Fees have been paid.
3.4 DPML Block Exceptions
A DPML Block will not apply to:
a. Reserved or premium domain names, though the SLD may be blocked in some TLDs where the SLD is not a Reserved or premium domain name;
b. Previously registered names;
c. SLDs subject to an Override, as defined in Section 3.6 below.
3.5 DPML Blocking Behavior
a. Will be published to WHOIS and provide information for the DPML Block holder of any SLDs under DPML Block;
b. Will not result in a domain name that resolves on the public Internet;
c. Are subject to periodic review by Donuts to verify that the applicable TMCH entry remains valid;
d. Will be applied, at no additional cost, to SLDs that were not available at the time of a DPML Block, but that later change to available SLDs;
e. Will be applied, at no additional cost, domain names that are no longer categorized as reserved or premium domain names;
f. Will be applied, at no additional cost, to TLDs that are later owned and operated by Donuts;
g. May, at Donuts option, cease to be applied to TLDs that are no longer owned and operated by Donuts; and
h. Are subject to Override.
An applicant for a domain name registration with a string in its SMD File that exactly matches the SLD under DPML Block may override ("Override") the existing DPML Block and purchase a domain name registration for a domain name containing that SLD. There is an additional fee for this.
4. Your Obligations
You acknowledge and agree:
a. To grant Donuts and its contracted parties a fully paid, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license and approval to host, cache, copy, display your DPML application to WHOIS or report publicly, in whatever method or format Donuts chooses, for the purpose of, and in conjunction with, effectuating the DPML Service;
b. That the DPML applicant owns or has permission to use and submit the DPML application, and that to its knowledge, such usage and submission does not violate applicable license agreements, laws, regulations, or rights of any third party;
c. That the application is and will remain accurate, current and complete throughout the applicable DPML block period, and that if Donuts has reason to believe that the application content is untrue, inaccurate, out-of-date or incomplete, after providing you five (5) days notice to correct such information or give reasonable assurance to Donuts of such information's accuracy, Donuts reserves the right in its sole discretion to deny or cancel the underlying DPML Block;
d. That the DPML applicant has, and will keep in effect during the use of the DPML Block Service, all licenses and approvals necessary to grant Donuts and its subcontractors these rights and that they will be provided at no charge to Donuts upon request;
e. That Donuts, in its sole discretion, may temporarily suspend the DPML Block Service to minimize threats to the operational stability and security of the DPML Block databases and the registries owned by Donuts; provided, however, that a suspension of the DPML Block Service will not allow registrations to occur for SLDs under DPML that would not otherwise be permitted by the Donuts policies when the DPML Block Service is fully operational;
f. That the modification or cancellation of any DPML Blocks in accordance with the Donuts policies will not result in any refund of any fees paid for the DPML Block Service under this Agreement; and
Further, you acknowledge and agree that you will not use the DPML Block Service in a manner, as determined by us or Donuts at that party’s sole discretion, that:
g. Infringes on the intellectual property rights of any other person or entity;
h. Is illegal, or promotes or encourages illegal activity;
i. Interferes with the operation of the DPML Block Service or the WHOIS, DNS or other services provided by Donuts;
5. Availability of the DPML Block Service
We and Donuts reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any DPML application and/or the DPML Block Service due to the following:
a. To enforce our policies, Donuts policies and ICANN requirements, each as amended from time to time;
b. Submission of incorrect, incomplete, or inaccurate information as required by us, ICANN requirements, or Donuts policies or where required information is not updated or corrected as required by us, ICANN requirements, or Donuts policies;
c. To correct mistakes made in offering or delivering the DPML Block Service;
d. To protect the integrity and stability of the DPML Block Service;
e. To assist with fraud and abuse detection and prevention efforts;
f. To comply with court orders or applicable local, state, national and international laws, rules and regulations;
g. To comply with requests of law enforcement, including subpoena requests;
h. To comply with any dispute resolution process;
i. To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or
j. To avoid any damage, or civil or criminal liability, to us or to Donuts or its officers, affiliates, directors, contracted parties, employees and agents;
k. If Donuts receives notice that the SMD File is under dispute;
l. As otherwise provided in the terms and conditions and the Registry-Registrar Agreements entered into by Donuts
Please note: Donuts may, but is not obligated to, revoke all or part of a DPML Block Service if the underlying TMCH entry for the SMD File is no longer valid.
Please note: Donuts' ability to provide DPML Blocks is subject to change, including without limitation, complete discontinuation of the DPML Block Service based on ICANN interpretations of the Registry Agreement or pursuant to applicable law or regulation.
In addition to the warranties and disclaimers contained in, and agreed to, in the MSA, that you agree to the disclaimers below as they apply directly between you and Donuts:
a. DONUTS WARRANTS THAT IT WILL PROVIDE THE DPML BLOCK SERVICE WITH REASONABLE CARE AND SKILL;
b. DONUTS DOES NOT WARRANT UNINTERUPPTED, SECURE OR ERROR-FREE OPERATION OF THE DPML BLOCK SERVICE, OR THAT IT WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF THE DPML BLOCK SERVICE OR RELATED SERVICES OR THAT IT WILL CORRECT ALL DEFECTS.
c. SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, DONUTS MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE DPML BLOCK SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT.
d. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR DONUTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS OR AGENTS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE DPML BLOCK SERVICE, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
e. THE FOREGOING DISCLAIMERS CONTAINED IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
7. Limitations of Liability
In addition to the warranties and disclaimers contained in, and agreed to, in the MSA, that you agree to the limitations of liability below:
In no event will either we or Donuts, its officers, directors, employees, subcontractors or agents be liable to the other party or any person or entity for any indirect, incidental, special, punitive or consequential damages, including but not limited to loss of business opportunity, business interruption, loss of profits or costs of procurement of substitute goods or services, including without limitation any damages that may result from:
a. The accuracy, completeness, or content of the DPML Block Service;
b. Third-party conduct of any nature whatsoever;
c. Any unauthorized access to or use of the DPML Block Service or your account;
d. Any interruption or cessation of the DPML Block Service;
e. Any viruses, worms, bugs, Trojan horses or similar code, files or programs which may be transmitted to or from the DPML Block Service; or
f. Any such losses or damages incurred as a result of our or your use of the DPML Block Service, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not such party is advised of the possibility of such damages.
The parties specifically acknowledge and agree that any cause of action arising out of or related to the DPML Block Service must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently waived.
The foregoing limitation of liability contained in this Section 7 shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement.
This Agreement is subject to change, including, without limitation, complete discontinuation of the DPML Block Service based on ICANN interpretations of the Registry Agreement or pursuant to applicable law or regulation.
All other rights reserved by us to modify this Agreement are governed by the MSA executed between the parties.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain GRS Limited
Last Updated 16 Jun 2016 00:00 UTC
Revisions: update to 101domain GRS Limited and jurisdiction to Ireland, update specific references to 101domain, Recitals, remove sections provided for and incorporated into Master Services Agreement, other minor updates and capitalization throughout.