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");

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.

3.1 DPML Block Creation

A DPML Block string will only be created or modified insofar and to the extent that:

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:

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:

3.5 DPML Blocking Behavior

DPML Blocks:

3.6 Overrides

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.

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

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;

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

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.

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.