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Appendix 3
(30 May
2006)
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Zone File Access Agreement
1. Parties
The User named in this Agreement hereby contracts with
Telnic Ltd. ("Registry Operator") for a non-exclusive,
non-transferable, limited right to access an Internet host server or
servers designated by Registry Operator from time to time, and to
transfer a copy of the described Data to the User's Internet host
machine specified below, under the terms of this Agreement. Upon
execution of this Agreement by Registry Operator, Registry Operator
will return a copy of this Agreement to you for your records with
your UserID and Password entered in the spaces set forth below.
2. User Information
(a) User: _________________________________________
(b) Contact Person: _________________________________
(c) Street Address: _________________________________
(d) City, State or Province: ___________________________
(e) Country and Postal Code: _________________________
(f) Telephone Number:
______________________________
including area/country code)
(g) Fax Number:
__________________________________
(including area/country code)
(h) E-Mail Address: _______________________________
(i) Specific Internet host machine that will be used to
access Registry Operator's server to transfer copies of the Data:
Name: ________________________________________
IP Address: ____________________________________
(j) Purpose(s) for which the Data will be used: During
the term of this Agreement, you may use the data for any legal
purpose not prohibited under Section 4 below. You may incorporate
some or all of the Data in your own products or services, and
distribute those products or services for a purpose not prohibited
under Section 4 below.
3. Term
This Agreement is effective for a period of three (3)
months from the date of execution by Registry Operator (the "Initial
Term"). Upon conclusion of the Initial Term this Agreement will
automatically renew for successive three-month renewal terms (each a
"Renewal Term") until terminated by either party as set
forth in Section 12 of this Agreement or one party provides the other
party with a written notice of termination at least seven (7) days
prior to the end of the Initial Term or the then current Renewal
Term.
NOTICE TO USER: CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS. YOU MAY USE THE USER ID AND ASSOCIATED PASSWORD PROVIDED
IN CONJUNCTION WITH THIS AGREEMENT ONLY TO OBTAIN A COPY OF TEL
TOP-LEVEL DOMAIN ("TLD") ZONE FILES, AND ANY ASSOCIATED
ENCRYPTED CHECKSUM FILES (COLLECTIVELY THE "DATA"), VIA THE
FILE TRANSFER PROTOCOL ("FTP") OR THE HYPERTEXT TRANSFER
PROTOCOL ("HTTP") PURSUANT TO THESE TERMS.
4. Grant of Access
Registry Operator grants to you a non-exclusive,
non-transferable, limited right to access an Internet host server or
servers designated by Registry Operator from time to time, and to
transfer a copy of the Data to the Internet host machine identified
in Section 2 of this Agreement no more than once per 24 hour period
using FTP or HTTP for the purposes described in this Section 4. You
agree that you will:
(a) use this Data only for lawful purposes but that
under no circumstances will you use this Data to: (1) allow, enable,
or otherwise support the transmission by e-mail, telephone, or
facsimile of mass unsolicited, commercial advertising or
solicitations to entities other than your own existing customers; or
(2) enable high volume, automated, electronic processes that send
queries or data to the systems of Registry Operator or any
ICANN-Accredited Registrar, except as reasonably necessary to
register domain names or modify existing registrations. Registry
Operator reserves the right, with the approval of the Internet
Corporation for Assigned Names and Numbers ("ICANN"), to
specify additional specific categories of prohibited uses by giving
you reasonable written notice at any time and upon receiving such
notice you shall not make such prohibited use of the Data you obtain
under this Agreement.
(b) Not use this Data, nor permit this Data to be used
to harass, annoy, interrupt, disrupt, or interfere in the normal
business operations or any registrant.
(c) Not to use this Data, nor permit this Data to be
used for any marketing purposes whatsoever.
(d) Copy the Data you obtain under this Agreement into a
machine-readable or printed form only as necessary to use it in
accordance with this Agreement in support of your use of the Data.
(e) Comply with all applicable laws and regulations
governing the use of the Data.
(f) Not distribute the Data you obtained under this
Agreement or any copy thereof to any other party without the express
prior written consent of Registry Operator, except that you may
redistribute the Data insofar as it has been incorporated by you into
a value-added product or service that does not permit the extraction
of a substantial portion of the Data from the value-added product or
service, provided you prohibit the recipient of the Data from using
the Data in a manner contrary to Section 4(a).
(g) Take all reasonable steps to protect against
unauthorized access to, use, and disclosure of the Data you obtain
under this Agreement.
5. Fee
You agree to remit in advance to Registry Operator a
quarterly fee of $0 (USD) for the right to access the files during
either the Initial Term or Renewal Term of this Agreement. Registry
Operator reserves the right to adjust, with the approval of ICANN,
this fee on thirty days prior notice to reflect a change in the cost
of providing access to the files.
6. Proprietary Rights
You agree that no ownership rights in the Data are
transferred to you under this Agreement. You agree that any copies of
the Data that you make will contain the same notice that appears on
and in the Data obtained under this Agreement.
7. Method of Access
Registry Operator reserves the right, with the approval
of ICANN, to change the method of access to the Data at any time. You
also agree that, in the event of significant degradation of system
processing or other emergency, Registry Operator may, in its sole
discretion, temporarily suspend access under this Agreement in order
to minimize threats to the operational stability and security of the
Internet.
8. No Warranties
The Data is being provided "as-is." Registry
Operator disclaims all warranties with respect to the Data, either
expressed or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose, and
non-infringement of third party rights. Some jurisdictions do not
allow the exclusion of implied warranties or the exclusion or
limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you.
9. Severability
In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall not affect
the validity of the remaining provisions of this Agreement.
10. No Consequential Damages
In no event shall Registry Operator be liable to you for
any consequential, special, incidental or indirect damages of any
kind arising out of the use of the Data or the termination of this
Agreement, even if Registry Operator has been advised of the
possibility of such damages.
11. Governing Law
This Agreement shall be governed and construed in
accordance with the laws of England and Wales. You agree that any
legal action or other legal proceeding relating to this Agreement or
the enforcement of any provision of this Agreement shall be brought
or otherwise commenced in the courts of London, United Kingdom. You
expressly and irrevocably agree and consent to the personal
jurisdiction and venue of the appropriate Court in London for matters
arising in connection with this Agreement or your obtaining, use, or
distribution of the Data. The United Nations Convention on Contracts
for the International Sale of Goods is specifically disclaimed.
12. Termination
You may
terminate this Agreement at any time by erasing the Data you obtained
under this Agreement from your Internet host machine together with
all copies of the Data and providing written notice of your
termination to Registry Operator at [address of Registry
Operator]. Registry Operator has the right to terminate this
Agreement immediately if you fail to comply with any term or
condition of this Agreement. You agree upon receiving notice of such
termination of this Agreement by Registry Operator or expiration of
this Agreement to erase the Data you obtained under this Agreement
together with all copies of the Data.
13. Definition
"Data" means all data contained in a DNS zone
file for the TLD as provided to TLD nameservers on the Internet.
14. Entire Agreement
This is the entire agreement between you and Registry
Operator concerning access and use of the Data, and it supersedes any
prior agreements or understandings, whether written or oral, relating
to access and use of the Data.
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Telnic Ltd.
By:
(sign)
Name:
(print)
Title:
Date:
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User:
By:
(sign)
Name:
(print)
Title:
Date:
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ASSIGNED USERID AND PASSWORD
(To be assigned by Registry Operator upon execution of
this Agreement):
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