.POST Agreement Appendix 3
The User named in this Agreement hereby contracts with the UPU ("Sponsor") for a non-exclusive, non-transferable, limited right to access an Internet host server or servers designated by Sponsor 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 Sponsor, Sponsor will return a copy of this Agreement to you for your records with your UserID and Password entered in the spaces set forth below.
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.
This Agreement is effective for a period of three (3) months from the date of execution by Sponsor (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 .POST 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.
Sponsor grants to you a non-exclusive, non-transferable, limited right to access an Internet host server or servers designated by Sponsor 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 Sponsor or Registry Operator or any Registration Authority, except as reasonably necessary to register domain names or modify existing registrations. Sponsor 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.
(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 Sponsor, 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).
You agree to remit in advance to Sponsor a quarterly fee of $0 (USD) for the right to access the files during either the Initial Term or Renewal Term of this Agreement. Sponsor 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.
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.
Sponsor 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, Sponsor 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.
The Data is being provided "as-is." Sponsor 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.
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.
In no event shall Sponsor 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 Sponsor has been advised of the possibility of such damages.
The substantive law applicable shall be Swiss law. Any dispute concerning the interpretation or execution of the present Agreement which cannot be settled amicably and through conciliation between the Parties shall be referred, at the request of one of the Parties, to an arbitrator designated by mutual agreement between the said Parties. If the Parties are unable to designate an arbitrator within 3 (three) months of receipt of the notification of a request for arbitration, the President of the International Chamber of Commerce shall appoint the arbitrator, at the request of one of the Parties.
The place of arbitration shall be Geneva, Switzerland and the language of arbitration shall be English. The procedure applicable shall be that provided for by the International Chamber of Commerce. The arbitrator's decision shall be final and binding and no appeal to a court or any other jurisdiction shall be allowed.
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 the address communicated by Sponsor to use. Sponsor 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 Sponsor or expiration of this Agreement to erase the Data you obtained under this Agreement together with all copies of the Data.
"Data" means all data second and third level domain names contained in a DNS zone file for the .post Sponsored TLD as provided to TLD nameservers on the Internet.
This is the entire agreement between you and Sponsor 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.
Universal Postal Union
ASSIGNED USERID AND PASSWORD
(To be assigned by Sponsor upon execution of this Agreement):