Public DNS Terms of Service
Neustar Public DNS AGREEMENT The following Neustar Public DNS Agreement (“Agreement”) sets forth terms and conditions that govern use by you (“You”) of the Neustar Public DNS open recursive service (the “Service”).
BY USING THE SERVICE OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OTHER RULES AND POLICIES PUBLISHED ON THE WWW.HOME.NEUSTAR WEB SITE AND AS AMENDED FROM TIME TO TIME. NEUSTAR’S OFFERING TO YOU, AND YOUR USE, OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Terms & Conditions
- Use of the Service. You may use the Service by configuring Your computer(s), IP-enabled electronic devices and/or network equipment settings to use the Public DNS Neustar Primary and Secondary IP addresses (the “Neustar Open Recursive NameServers”). Neustar shall accept, process, and resolve recursive DNS queries (“Recursive Traffic”) from You subject to the terms and conditions contained herein. Neustar reserves the right to re-direct or terminate Recursive Traffic that Neustar, in its sole discretion, determines or considers to be harmful or invalid.
- Termination. Neustar may terminate this Agreement at any time without notice. You may terminate this Agreement at any time without notice by ceasing to point Recursive Traffic to the Neustar Open Recursive NameServers. Neustar may change or discontinue the Service, or portions thereof, at any time. Your use of the Service after the effective date of any change will be deemed acceptance of the change by You. In the event that either party terminates this Agreement in accordance with this Section, Your access to the Service will end and Neustar will not be responsible in any fashion for Your access to alternative services. All provisions of the Agreement which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Modification. Neustar may, in its sole discretion, modify, amend or change the terms and conditions of this Agreement at any time. Neustar may, but shall not be required to, notify You of such changes via postings on the www.neustar.biz web site. Your continued use of the Service following any changes the terms and conditions of this Agreement constitutes Your acceptance of those changes.
- Warranties. You represent and warrant that you have full power and authority to enter into this Agreement and to perform Your obligations hereunder. You represent and warrant that You will not use, or allow use of, the Service in a manner that is prohibited by any law or regulation or violates the acceptable use policies set forth in Section 9 hereof.
- Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER NEUSTAR, NOR ITS AGENTS OR PARTNERS WARRANT THE ACCURACY OR THE CONTENT, OF ANY WEBSITE LINKED THROUGH THE SERVICE. NEUSTAR DOES NOT WARRANT THE SERVICE AGAINST MALFUNCTION OR CESSATION OF INTERNET SERVICES BY INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS THAT FORM THE INTERNET, WHICH MAY MAKE THE SERVICE TEMPORARILY OR PERMANENTLY UNAVAILABLE. NEITHER NEUSTAR, NOR ITS AGENTS OR PARTNERS MAKE ANY WARRANTY: (A) AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE; (B) THAT ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR COMPLETE; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ALL TIMES; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEUSTAR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.
- Limitation Of Liability. IN NO EVENT SHALL NEUSTAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT ACCESSIBLE THROUGH THE SERVICE, FOR ANY LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, FOR ANY WEBSITE OR NETWORK DOWNTIME, FOR ANY COST OF PROCURING SUBSTITUTE SERVICE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, WHICH ARE RELATED TO THIS AGREEMENT AND THE PROVISION OF THE SERVICE HEREUNDER, EVEN IF NEUSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Use Rights And Ownership. Subject to the terms and conditions of this Agreement, Neustar grants You a non-exclusive, non-transferable right to access and use the Service for Your internal purposes. Except as set forth herein, Neustar grants no other rights or licenses to You with respect to the Service. You acknowledge and agree that the Service is the property of Neustar or its licensors and that the domain name server, software, and that all data and know-how used, developed or derived by Neustar in the provision and operation of the Service are owned exclusively by Neustar or its licensors, and, where applicable, are protected by copyright and other intellectual property laws and You claims no ownership interest therein. You agree not to: (a) modify, adapt, alter, copy, reverse engineer or disassemble the Service, including without limitation any software or data related thereto, in any way, (b) create derivative versions of the Service; or (c) offer the Service on a service-bureau basis. You further agree that You will not, via the use of the Service, engage in or offer Service in competition with Neustar during the Term of this Agreement.
- Indemnity. You will defend, at Your own expense any third party action brought against Neustar, its directors, officers, or employees to the extent that the action is based on a claim, suit, or proceeding (“Claim”) that arises out of, or relates to, any content passing through the Service to or from You, or resulting from, or in connection with, Your use of the Service including, without limitation, any Claim (a) that Your website, products or services infringe or misappropriate any intellectual property rights of a third party; (b) that Your website, products or services contain defamatory, libelous, slanderous, obscene or pornographic materials, or violate a third party’s rights of privacy or publicity; (c) brought by users of Your web site; (d) related to Your use or misuse of the Service or (e) that arises out of Your breach of Section 9 of this Agreement. You will pay those costs and damages (including, but not limited to, reasonable attorneys’ fees) awarded against Neustar, its directors, officers, or employees by a court of competent jurisdiction in any such action that are specifically attributable to such Claim, or those costs and damages agreed to in a monetary settlement of such action; provided, however, that Neustar provides You with prompt written notice of the Claim, sole control of the defense and settlement of that Claim, and Neustar provides You reasonable assistance regarding such Claim at Your reasonable expense. You may not enter into any settlement or compromise of any such claim without Neustar’s prior written consent if such settlement or compromise would create obligations on Neustar or adversely affect Neustar’s exercise of any of its rights under this Agreement, which consent shall not be unreasonably withheld. In addition, Neustar will have the right to participate in the investigation, defense and settlement negotiations of any such Claim with separate counsel chosen and paid for by Neustar.
- Acceptable Use. Customer shall not use, or allow use of, the Services in any of the following manners (“Abuses”) and shall be responsible for any such Abuses if committed by end users: (a) Use of the Services in an unlawful manner or for an unlawful purpose, including display of unlawful content; (b) Use of the Services to transmit or distribute material that intentionally contains a virus, "Trojan Horse," adware, spyware or data that is designed to corrupt or disable any computer file, database or network or, in Neustar's sole discretion, is obscene, defamatory, or promotes unlawful behavior, including, without limitation, terrorism or violence; (c) Use of the Services in a manner that, in Neustar’s commercially reasonable discretion, directly or indirectly produces or threatens to produce a materially negative effect on the Neustar Network or that interferes with the use of the Services or Neustar network by other customers or authorized users including, without limitation, overloading servers or causing portions of the Neustar Network to be blocked; (d) Use of the Services to post substantively similar articles to an excessive number of newsgroups or to send unsolicited and/or mass e-mailings, whether or not such activities provoke complaints from the recipients; (e) Altering any aspect of the Service where such is not authorized by Neustar; or (f) Use of the Services in a manner that causes or is designed to cause, a denial-of-service or similar attack to any other party whether on the Neustar Network or on another network.
- Dispute Resolution. Any Dispute arising out of or relating to this Agreement, or the breach thereof, will be settled by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and its Optional Procedures for Large, Complex Commercial Disputes. The arbitration will be heard and determined by a panel of three (3) arbitrators selected by the AAA, and each such arbitrator will be an attorney having experience and familiarity with information technology disputes. The arbitrators will have exclusive authority to resolve any and all disputes relating to procedural and substantive questions of arbitrability, including but not limited to, choice of venue and choice of law issues, and the formation, interpretation, applicability, scope and enforceability of this agreement to arbitrate. Each party will bear its own costs relating to such arbitration, and the parties will equally share the arbitrators’ fees, and the arbitration and all related proceedings and discovery will take place pursuant to a protective order entered by the arbitrator that adequately protects the confidential nature of the parties’ proprietary and confidential information. In no event will any arbitration award provide a remedy beyond those permitted under this Agreement, and any award providing a remedy beyond those permitted under this Agreement will not be confirmed, no presumption of validity will attach, and such award will be vacated.
- Miscellaneous. This Agreement shall be governed by the laws of the Commonwealth of Virginia, without reference to its principles of conflict of laws. The parties hereby expressly opt-out from the applicability of the Uniform Computer Information Transactions Act (“UCITA”). In the event of litigation or any collection activity arising out of the Service or this Agreement, the prevailing party shall be awarded its costs and reasonable expert and attorneys’ fees. This Agreement, including the Schedules and Exhibits hereto, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. No other terms or conditions of any other document apply to this Agreement. Neither this Agreement nor any amendment thereto, or change, waiver or discharge of, any provision of this Agreement shall be valid unless in writing and signed by both parties. Each party hereto shall execute and/or cause to be delivered to each other party hereto such instruments and other documents, and shall take such other actions, as such other party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated by this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be modified or eliminated to the minimum extent necessary and the remainder of the provision, as well as the other provisions will continue in full force and effect. Failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer all or any portion of Your rights or obligations under the Agreement without the prior written consent of Neustar. Sections 5, 6, 7 and 8 shall survive the expiration or termination of this Agreement. A party shall be excused from any delay or failure in performance of their obligations hereunder to the extent caused by reason of any force majeure event such as an occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, acts of terrorism, war or other unanticipated occurrences or problems, and governmental requirements.