.XXX Agreement Appendix 3
Zone File Access Agreement
(31 March 2011)
The User named in this Agreement hereby contracts with ICM Registry for a non-exclusive, non-transferable, limited right to access an Internet host server or servers designated by ICM 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 ICM Registry, ICM 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.
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 ICM 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 XXX 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.
ICM Registry grants to you a non-exclusive, non-transferable, limited right to access an Internet host server or servers designated by ICM 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:
You agree to remit in advance to ICM 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. ICM 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.
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.
ICM 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, ICM 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.
The Data is being provided "as-is." ICM 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.
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 ICM 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 ICM Registry has been advised of the possibility of such damages.
This Agreement shall be governed and construed in accordance with the laws of the state of Florida. 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 only in the state or federal courts in Palm Beach County or the Southern District of Florida. You expressly and irrevocably agree and consent to the personal jurisdiction and venue of the federal and state courts located in Florida (and each appellate court located therein) 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.
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 ICM Registry at [address of Registry Operator]. ICM 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 ICM Registry 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 contained in a DNS zone file for the Registry TLD as provided to TLD nameservers on the Internet.
This is the entire agreement between you and ICM 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.
ICM Registry LLC
ASSIGNED USERID AND PASSWORD
(To be assigned by ICM Registry upon execution of this Agreement):