1 About our terms
1.1 These DAP.LIVE Access Terms and Conditions (DAP Terms) explain how you may use our DNS Analytics Platform (DAP) to access data, that is available through the DNS RF website located at https://dnsrf.org/ (website).
1.2 These DAP Terms apply between DNS Research Federation (we, us or our) a company registered in England and Wales under company registration number 13602141 with registered office is at Lincoln House Pony Road, Cowley, Oxford, Oxfordshire, England, OX4 2RD and the person accessing or using the DAP (and, if applicable, the organisation on whose behalf such person is accessing or using the DAP) (collectively you or your).
1.3 You should read these DAP Terms carefully before registering for a Subscription or accessing the DAP. By registering for a Subscription or accessing the DAP, you agree to be bound by these DAP Terms. If you do not agree with any of these DAP Terms, you should stop accessing the DAP and using the data obtained from it immediately and delete all data obtained from the DAP from your systems.
2.1 The subscription packages we offer, including details of the data available via the DAP, the scope of use of the DAP (Scope of Use) and the associated charges (if any) (Charges) are set out here: https://dnsrf.org/tiers/index.html.
2.2 If you would like to access one of our subscription packages, you must register your details as a registered user (Subscriber) and pay the applicable Charges in accordance with clause 4 below.
2.3 We will notify you as soon as reasonably practicable after receipt of whether we accept your registration to become a Subscriber (such acceptance to be at our sole discretion). Your contract with us for access to the DAP (Subscription) will commence on our acceptance of your registration to become a Subscriber. The Subscription will remain in force until terminated by either party in accordance with clause 12 hereunder.
2.4 The information you provide to us to register as a Subscriber must be complete, accurate and not misleading and you must inform us promptly if any information that you have provided to us changes or you become aware of any error or omission.
2.5 You are responsible for making sure that your password and any other account details used to register as a Subscriber are kept secure and confidential. If we have reason to believe there has been, or is likely to be, a breach of security or misuse of the website or the DAP through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account. You are at all times be fully liable for all use of the website or access to the DAP using your login details, irrespective of whether such use was made by you.
3 Subscription Charges
3.1 In many cases, use of the DAP is offered without charge, but for certain Subscription packages (usually based on numbers of transactions, available data feeds and use cases), Charges will apply. Where a Subscription is subject to Charges:
3.1.1 you shall pay such Charges in advance using your credit card, debit card, or any other acceptable method of payment, as set out on the website.
3.1.2 your Subscription shall automatically renew at the end of the relevant period for which you have paid. In order to automatically renew your Subscription, we will automatically charge you for the relevant Charges by using the details of your debit or credit card which you used to pay for the first period. If your debit or credit card details have changed since your last use on the website, we may not be able to automatically renew your Subscription.
3.1.3 We reserve the right to withhold or cease provision of the DAP where any payment of the Charges has not been received.
3.1.4 Save as otherwise expressly stated in these DAP Terms, all Charges are non-refundable.
4 Your obligations
4.1 To access and use our DAP:
4.1.1 you must be legally capable of entering into binding contracts;
4.1.2 where you are using the Data as an individual, you must be eighteen (18) years old or over;
4.1.3 where you are using the DAP on behalf of an organisation, you must have the authority to enter into binding contracts on behalf of that organisation; and
4.1.4 not in any way prohibited by the applicable law in the jurisdiction which you are currently located, (including without limitation any and all consumer law, export control laws and regulations) to enter into these DAP Terms.
4.2 You shall:
4.2.1 comply with all applicable laws, regulations and legislations in respect of your use of the DAP;
4.2.2 notify us immediately if you suspect fraudulent, unlawful or illegal use of DAP;
4.2.3 not re-sell, promote for resale or for any commercial use the DAP or engage in any other similar commercial activities unless expressly stated in the Scope of Use;
4.2.4 comply with instructions we may issue from time to time relating to the DAP;
4.2.5 co-operate with reasonable security or other checks or requests for information made by us from time to time;
4.2.6 not do or promote anything likely to impair, interfere with or damage or cause harm, harassment or distress to any persons, or the Network;
4.2.7 not introduce viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
4.2.8 not solicit passwords or any other personally identifying information from other users of the website;
4.2.9 not attempt to gain unauthorised access to the DAP, the server on which the DAP is hosted or any server, computer or database connected to our website.
4.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of or access to the DAP.
5.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
5.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;
5.1.2 was in the other party’s lawful possession before the disclosure;
5.1.3 is lawfully disclosed to the receiving party without restriction on disclosure;
5.1.4 is independently developed by the receiving party which independent development can be shown by written evidence; or
5.1.5 is required to be disclosed by law any court of competent jurisdiction or by any regulatory or administrative body.
5.2 Each party may disclose the other party's Confidential Information:
5.2.1 to those of its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party will ensure that its employees, officers, representatives or advisers to whom it discloses the other party's Confidential Information are aware of that party’s obligations under this clause 6; and
5.2.2 as may be required by law, a court or any governmental or regulatory authority.
5.3 No party will use any other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
5.4 Neither party will be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
6 Data Protection
7 Infringing content
7.1 We will use reasonable efforts to remove any data from the DAP or other content where we become aware that it is inappropriate, defamatory, and/or infringes intellectual property rights.
7.2 If you believe that any data accessible via the DAP is inappropriate, defamatory or infringes intellectual property rights, you must contact us immediately using the contact details at the top of this page.
8 Intellectual property rights
8.1 Where you become a Subscriber, data will be made available for you to download or otherwise access via the DAP in accordance with your Subscription. You are hereby granted a limited, non-exclusive licence to use any such data only in accordance with the Scope of Use applicable to the relevant Subscription.
8.2 The intellectual property rights in the DAP and all data made available via the DAP are owned by us and our licensors.
8.3 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
8.4 Unless otherwise expressly set out to the contrary, nothing in these DAP Terms shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and/or our licensors.
8.5 Unless otherwise expressly set out to the contrary, nothing in these DAP Terms grants you any legal rights in the DAP or any data made available via the DAP other than as necessary for you to access it and our services. You agree not to adjust, try to circumvent or delete any notices contained on the DAP (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the DAP.
8.6 You are expressly prohibited from:
8.6.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the data made available via the DAP, other than in accordance with the Scope of Use;
8.6.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us.
9 Accuracy of and access to the DAP
9.1 We try to make sure that the data made available via theDAP is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the DAP or any data will be fit or suitable for any purpose. Any reliance that you may place on the data made available via the DAP is at your own risk. You should always use your own independent judgment when using the data made available via the DAP.
9.2 While we try to make sure that the DAP is available for your use, we do not promise that your access to the DAP will be uninterrupted or fault-free. In particular, we do not guarantee that the DAP or any data made available via the DAP is appropriate or will be available for use in locations outside the United Kingdom. If you choose to access the DAP from locations outside the United Kingdom, you are responsible for compliance with Local Law (as defined in clause 13.11).
9.3 Our ability to provide the DAP may be impaired by conditions or circumstances that are beyond our control, including, without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other users logging onto the website, server and network at the same time.
9.4 We reserve the right to make changes to the DAP, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the services we offer.
9.5 We also reserve the right from time to time to monitor your use of the DAP to ensure that any use is within the Scope of Use of your Subscription or other rights granted hereunder.
9.6 We may prevent or suspend your access to the DAP if you do not comply with these DAP Terms or any applicable law. We reserve the right, in our sole discretion, to take any action that we deem necessary and appropriate in the event we consider that there is a breach or threatened breach of these DAP Terms.
10 Limitation on our liability
10.1 Nothing in these DAP Terms limits or excludes our liability for:
10.1.1 death or personal injury caused by our negligence;
10.1.2 fraud or fraudulent misrepresentation; and
10.1.3 any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982.
10.2 Our maximum aggregate liability to you under, arising from or in connection with your Subscription, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed in aggregate the amount paid by you to us in connection with such Subscription in the twelve (12) months preceding the date of the claim. Our maximum aggregate liability to you for any other matter arising from or in connection with your contract with us, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed £100.
10.3 Subject to clause 11.1, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
10.3.1 any loss of profits, sales, business, or revenue;
10.3.2 loss or corruption of data, information or software;
10.3.3 loss of business opportunity;
10.3.4 loss of anticipated savings;
10.3.5 loss of goodwill; or
10.3.6 any indirect or consequential loss.
10.4 In the event that a claim or action is brought against us in connection with or arising from your activities or use of the DAP, including any breach by you of these DAP Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in such claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of such matter.
11.1 We may terminate your contract at any time and for any reason on the provision of no less than fourteen (14) days written or e-mail notice to you.
11.2 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate your Subscription or these DAP Terms without liability to the other if the other party commits a material breach of any of the terms of this these DAP Terms and (if such breach is remediable) fails to remedy that breach within fourteen (14) days of that party being notified in writing of the breach.
11.3 Upon expiration or termination of your Subscription or these DAP Terms for any reason:
11.3.1 all licences and access granted under your Subscription prior to the termination date will cease;
11.3.2 the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced;
11.3.3 the following provisions will continue in full force and effect: clauses 6, 9, 10.1, 11, and 12.3, and all clauses required for their interpretation.
12.1 Events beyond our control: Neither party will be liable to the other under this Agreement if it fails to comply with these DAP Terms because of circumstances beyond its reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.
12.2 Rights of third parties: These DAP Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is either not a party to them.
12.3 Variation: No changes to these DAP Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13.3. We reserve the right to vary these DAP Terms from time to time. Our updated DAP Terms will be displayed on the website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these DAP Terms from time to time to verify such variations.
12.4 Assignment: The parties shall not, without the prior written consent from the other party, assign, transfer charge, sub-contract or deal in any other manner with all or any of their rights or obligations under this Agreement.
12.5 No waiver: No delay in exercising or non-exercise by you and/or us of any of our rights under or in connection with these DAP Terms shall operate as a waiver or release of each of your or our right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.
12.6 Notices: Notices under this Agreement must be in writing and sent to the other party's address or email address, as set out in the Contract Details. Letters sent in the United Kingdom will be deemed delivered three (3) business days (excluding English Bank Holidays), after sending. Emails will be deemed delivered the same day (or the next business day, if sent on a non-business day or after 5pm on any business day at the recipient's location).
12.7 Entire Agreement: This Agreement, and any document referred to in it, contains the whole agreement between the parties relating to its subject matter and supersedes any prior agreements, representations or understandings between them unless expressly referred to in this Agreement. Each party acknowledges that it has not relied on, and will have no remedy in respect of, any representation (whether innocent or negligent) made but not covered in this Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
12.8 Severance: If any part of these DAP Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the DAP Terms shall continue in full force and effect.
12.9 Disputes: We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
12.10 Governing law and jurisdiction: The laws of England and Wales apply to these DAP Terms and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
12.11 If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (Local Law). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these DAP Terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these DAP Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.