Should you wish to register Donuts DPML or DPML Plus blocks with us, then the Registry Operator, Donuts Inc. (“Donuts”) imposes certain conditions. As set out in our Terms and Conditions, the DPML/DPML Plus applicant or DPML/DPML Plus block holder (referred to as “it” below) unconditionally agrees to be bound by the following terms and conditions:
1.To grant Donuts and its contracted parties a fully paid, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license and approval to host, cache, copy, display the content of its DPML Application to WHOIS or report publicly, in whatever method or format Donuts chooses, for the purpose of, and in conjunction with, effecting Donuts’ DPML Service;
2.That it has permission to use and submit the DPML Application, and that to its knowledge, such usage and submission does not violate applicable license agreements, laws, regulations, or rights of any third party;
3.That the DPML Application is and will remain accurate, current and complete throughout the applicable DPML Block period, and that if Donuts has reason to believe that the content of the DPML Application is untrue, inaccurate, out-of-date or incomplete, after providing it with five (5) days’ notice to correct such information or give reasonable assurance to Donuts of such information’s accuracy, Donuts reserves the right in its sole discretion to deny or cancel the underlying DPML Block;
4.That it has, and will keep in effect during the use of the Donuts DPML service, all licenses and approvals necessary to grant Donuts and its subcontractors these rights and that they will be provided at no charge to Donuts upon request;
5.That Donuts, in its sole discretion, may temporarily suspend the DPML Service to minimize threats to the operational stability and security of the DPML Block databases and the registries owned by Donuts; provided, however, that a suspension of the DPML Service will not allow registrations to occur for SLDs under DPML that would not otherwise be permitted by the Donuts Policies when the DPML Service is fully operational;
6.That the modification or cancellation of any DPML Blocks in accordance with the Donuts’ policies will not result in any refund of Donuts’ DPML Block fees;
7.That it agrees to the disclaimers and limitations in sections 5 and 6 of the Donuts DPML Block Service Agreement as if such provisions were written to apply directly to it. The afore-mentioned sections 5 and 6 read as follows:
[Extracted from sections 5 and 6 of Donuts’ DPML Block Service Agreement with Contractor (Registrar Representations and Warranties)]
5.1 DONUTS WARRANTS THAT IT WILL PROVIDE THE DPML SERVICE WITH REASONABLE CARE AND SKILL.
5.2 DONUTS DOES NOT WARRANT UNINTERUPPTED, SECURE OR ERROR-FREE OPERATION OF THE DPML SERVICE, OR THAT IT WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF THE DPML SERVICE OR RELATED SERVICES OR THAT IT WILL CORRECT ALL DEFECTS.
5.3 SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, DONUTS MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE DPML SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT.
5.4 REGISTRAR ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DONUTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS OR AGENTS WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE DPML SERVICE, AND REGISTRAR SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
5.5 THE FOREGOING DISCLAIMERS CONTAINED IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
6. Limitation of Liability
6.1 In no event will either party, its officers, directors, employees, subcontractors or agents be liable to the other parties, or any other person or entity for any indirect, incidental, special, punitive or consequential damages, including but not limited to loss of business opportunity, business interruption, loss of profits or costs of procurement of substitute goods or services, including without limitation any damages that may result from:
a. The accuracy, completeness, or content of the DPML Service;
b. Third-party conduct of any nature whatsoever;
c. Any unauthorized access to or use of the DPML Service or the account;
d. Any interruption or cessation of the DPML Service;
e. Any viruses, worms, bugs, Trojan horses or similar code, files or programs which may be transmitted to or from the DPML Service; or
f. Any such losses or damages incurred as a result of Registrar or DPML Applicant / DPML Block holder’s use of the DPML Service, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not such party is advised of the possibility of such damages.
6.2 The parties specifically acknowledge and agree that any cause of action arising out of or related to the DPML Block Service must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently waived.
6.3 Registrar specifically acknowledges and agrees that in no event shall Donuts’ total aggregate liability to Registrar or any third party exceed the total amount paid for access to the DPML Service.
6.4 The foregoing limitation of liability contained in this Section 6 shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Agreement.
8.That the DPML Application or DPML Block contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
9.That it shall participate in good faith in any proceedings described in the Terms and Conditions commenced by or against the DPML Applicant or DPML Block holder;
10.That it will abide by the Donuts Policies;
For the purposes of sections 11 to 13 below, “Donuts” shall also refer to its stockholders, directors, employees, members, subcontractors, the TMCH and their respective directors, agents and employees.
11.That, to the extent allowed under applicable law, Donuts’ aggregate liability for damages shall in any case be limited to the amounts paid to Donuts in relation to the DPML/DPML Plus Application concerned and no greater or other damages may be claimed from Donuts (such as, but not limited to, any fees payable or paid by the DPML Registrar in the context of any proceedings initiated against a decision by Donuts to apply a DPML/DPML Plus block or not);
12.That it will submit to a binding arbitration for disputes arising from the Terms and Conditions and related to the application of DPML/DPML Plus blocks;
13.That it will hold Donuts harmless from claims filed or disputes initiated by third parties, and to compensate Donuts for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML/DPML Plus Application infringes the rights of a third party;
14.That Donuts and its agents are authorised to share information relating to the DPML Applicant and its DPML Application. If DPML Applicant proceeds with a DPML Block, DPML Applicant agrees that it will be deemed to be on notice of the intellectual property rights of others in the TMCH.
15. That Donuts shall be entitled but not obliged to reject a DPML Plus block, or to delete, revoke, cancel or transfer a DPML Plus block: