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Appendix 3
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Zone
File Access Agreement
1.
Parties
The
User named in this Agreement hereby contracts with Fundació
puntCAT("Registry") for a non-exclusive, non-transferable,
limited right to access an Internet host server or servers designated
by Registry 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, Registry 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'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 (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 CAT 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
grants to you a non-exclusive, non-transferable, limited right to
access an Internet host server or servers designated by Registry 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 or any
ICANN-Accredited Registrar, except as reasonably necessary to
register domain names or modify existing registrations. Registry
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,
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 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 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
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 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 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 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 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 the Kingdom of Spain. 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 Barcelona (Catalonia; Spain). You expressly and
irrevocably agree and consent to the personal jurisdiction and venue
of the Courts of First Instance of Barcelona 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 at [address of Registry].
Registry 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 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 .cat Sponsored
TLD as provided to TLD nameservers on the Internet.
14.
Entire Agreement
This
is the entire agreement between you and Registry 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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Fundació
puntCAT
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 upon execution of this Agreement):
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