This MONITORING SERVICES SERVICE 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 Monitoring Services (the "Monitoring Services") are ordered and paid for.
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement, and your subscription to the Monitoring 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 which govern your use the Monitoring Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Services
The Monitoring Services provide tools and technology for detecting, monitoring, and researching brand marks or keywords on the internet, in electronic trademark databases, and in offline trademark databases. The Monitoring Services also provide for the monitoring of content on the internet and on websites designated by you.
The Monitoring Services generally allow you to:
a. Monitor domain name registry databases for registered domain names containing, or confusingly similar to, a brand mark or keyword;
b. Monitor trademark registers for trademark applications or trademark registrations containing, or confusingly similar to, a brand mark or keyword;
c. Monitor paid advertising systems on the internet for advertisements containing, or confusingly similar to, a brand mark or keyword;
d. Monitor social network websites and systems on the internet for instances containing, or confusingly similar to, a brand mark or keyword;
e. Monitor web pages, WHOIS records, and content as defined by you for changes;
f. Access reporting and various tools to manage the results of the Monitoring Services;
g. Prepare reports for print or download of the results of the Monitoring Services;
h. Archive, organize and tag the results of the Monitoring Services for later use;
i. Access the Monitoring Services through an online platform and control panel.
The Monitoring Services are provided as self-managed Monitoring Services or managed Monitoring Services.
2. Provision and Configuration of the Monitoring Services
Self-managed Monitoring Services
These Monitoring Services are able to be purchased and configured through our websites ("Site") or through an order form with an Account Manager. If an order form is filled out, it is your responsibility to ensure that the information is complete and correct. We are in no way responsible for brand mark or keyword misspellings or errors in the configuration of the Monitoring Services that are the result of your error.
The Monitoring Services generally take 7-10 days to be configured and activated. Once they are activated, you will begin regularly receiving notices directly to the Site.
Many of the Monitoring Services are customizable, with the exception of changing the brand name or keyword monitored. Once the Monitoring Services are provisioned, you may not change the brand name or keyword until the Monitoring Service is renewed.
Many of the Monitoring Services are available as Managed Services ("Managed Services"). Managed Services are available for an additional charge and are provided by custom service agreement only. The terms and conditions of any Managed Services serve as an addendum to this Agreement.
3. Availability of the Monitoring Services
Subject to the terms and conditions of this Agreement and each of our policies and procedures, we shall use commercially reasonable efforts to provide the Monitoring Services on a twenty-four (24) hours a day, seven (7) day per week basis throughout the term of this Agreement. You acknowledge that from time to time, the Monitoring Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction, (ii) periodic maintenance or update procedures, or (iii) causes beyond our reasonable control.
It is your responsibility to periodically export and backup the monitoring results ("Data") provided by the Monitoring Services. We use commercially-reasonable efforts to backup the data for normal use by you during the term of this Agreement, but in no way is responsible for the storage, deletion, loss, or inability to access the data once Monitoring Services are terminated. You acknowledge that once this Agreement is terminated, we are under no obligation to allow you access to, or retain, the data.
The Data provided by the Monitoring Services are a result of the utilization of various tools and proprietary technologies in order to survey, scan, and identify the use of brand marks and keywords on the internet, in various electronic databases, and in various offline databases, some of which are not available to the general public. The Monitoring Services also provide for the monitoring of content on the internet and on websites designated by you.
As the internet and the various sources that are monitored by the Monitoring Services are vast and constantly evolving and changing, we cannot guarantee the accuracy and completeness of the Data. The results are by no means exhaustive and shall not be relied on as such. Considering the changing nature of the internet and relied upon databases and data sources and the fact that the creation of a new result can be made shortly after the report date and time, we are not liable for the reliability and completeness of Data. Certain data comes from 3rd party data sources which we do not confirm the accuracy or completeness of therefore cannot assume the liability for errors or omissions contained therein.
We provide no analysis or legal advice in regards to the validity or accuracy of the data communicated to you. The Data shall be used by you as a guideline only and should be verified independently by legal professionals for accuracy and completeness.
5. Term and Termination
This Agreement shall commence on the first day that Monitoring Services are ordered and paid for and shall remain in force continuously and uninterrupted so long as the Monitoring Services are active. This Agreement shall renew upon payment of renewal by you.
All Monitoring Services under this Agreement are provided on a pre-paid or advanced basis.
You may terminate this Agreement at any time without written notice. Upon termination, we shall terminate access to the Monitoring Services and any Data provided in connection with the Monitoring Services immediately.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain GRS Limited
© 101domain GRS Limited. All Rights Reserved.
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.