Anycast servers are provided by Neustar’s UltraDNS service and subject to Neustar’s End User terms as set out below and as updated from time to time:
- OWNERSHIP. The domain name server, software, data and know-how used by Partner or its licensors in the provision of the Services are owned by Partner or its licensors, and are protected by copyright and other intellectual property laws. End User agrees that title to and ownership of the Services, in any form, shall at all times and in any event be held exclusively by Partner or its licensors. End User shall be entitled to only such rights with respect to the Services as are specifically granted. Nothing in this Agreement grants End User any rights to re-sell or create derivative versions of the Services either directly, or through a third party.
- WARRANTIES AND DISCLAIMER. End User represents and warrants that it has all right, title and interest to use any of the data it provides as part of the Services (“Data”). End User represents and warrants that it will not utilize (or allow utilization of) the Services in any manner that: (1) is prohibited by any law or regulation, including the acceptable use policies set forth in Section 6, or (2) will disrupt third parties use or enjoyment of the Services. NEITHER CUSTOMER, NOR ANY OF ITS RESPECTIVE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PURCHASED ON THE SOLE BASIS OF THIS WARRANTY AND CUSTOMER AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.
- LIMITATION OF LIABILITY. END USER RECOGNIZES THAT THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF CUSTOMER OR ITS LICENSORS. MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY ISPS OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE THE SERVICES TEMPORARILY OR PERMANENTLY UNAVAILABLE. END USER AGREES THAT CUSTOMER AND ITS LICENSORS SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF OR CESSATION OF INTERNET SERVICES BY NETWORK (S) OR ISPS NOT SUBJECT TO THE CONTROL OF CUSTOMER OR ITS LICENSORS, OR DUE TO ANY ACCIDENT OR ABUSE BY END USER. NEUSTAR IS NOT LIABLE FOR ANY BREACH OF SECURITY ON END USER’S NETWORK, REGARDLESS OF WHETHER ANY REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. NEITHER CUSTOMER NOR ITS LICENSORS NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING (INCLUDING SUSPENDING OR DISCONTINUING SERVICE) OR SUPPORTING THE SERVICE SHALL BE LIABLE TO END USER, ANY REPRESENTATIVE, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING CATASTROPHIC SITUATIONS BEYOND THE CONTROL OF CUSTOMER OR ITS SUPPLIERS AND LICENSORS), INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). END USER AGREES THAT IT WILL NOT IN ANY WAY HOLD CUSTOMER OR ITS LICENSORS RESPONSIBLE FOR TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF CUSTOMER’S INFORMATION CARRIED OVER INTER EXCHANGE CARRIERS’, LOCAL EXCHANGE CARRIERS’, OR OTHER PROVIDERS’ FACILITIES. END USER AGREES THAT IT WILL NOT IN ANYWAY HOLD CUSTOMER OR ITS LICENSORS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM CUSTOMER OR ITS LICENSORS MAY CONTRACT TO OPERATE THE SERVICE).
- END USER INDEMNITY. End User agrees to indemnify, defend and hold Partner and its licensors, its affiliates or customers, and their respective directors, officers, employees, agents and representatives harmless from and against any and all claims, suits, actions, proceedings, damages, costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) resulting from or in connection with (a) allegations that the Data or End User’s web site, products or services infringe or misappropriate any intellectual property rights of a third party; (b) allegations that the Data or End User’s web site, products or services contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party’s rights of privacy or publicity; (c) allegations arising from a claim by End User’s users; or (d) allegations arising out of End User’s breach of the “Acceptable Use” provision provided in this Agreement or any other Partner policy; provided however, End User shall not be obligated to indemnify Partner or its licensors unless (i) End User is notified promptly and informed fully in writing regarding such action; (ii) End User controls the defense or settlement of such action; and (iii) Partner or its licensors cooperates reasonably and gives End User all necessary authority, information and assistance (at End User’s expense). End User shall not be responsible for any Losses arising out of any compromise or settlement made by Partner or its licensors without End User’s prior written consent.