“Applicant” means the organization designated as the applicant for a Top Level Domain (“TLD“) application submitted or to be submitted by the User (for and on behalf of the Applicant) using the TAS.
“Commencement Date” means the date that the User receives a user name and password to access the TAS.
“User” or “You” means an authorized representative of the Applicant who has registered as a user of the TAS.
You represent and warrant that:
- You are an authorized representative of the Applicant for the purposes of submitting and completing a TLD application;
- You have the requisite legal authority or permission to submit all material You send or upload to the TAS; and
- the Applicant has authorized You and any primary or secondary contact person nominated within an application to receive any confidential communication or material on the Applicant’s behalf in connection with its TLD application;
3. USE LICENSE
3.3 Username and Password. You agree that your TAS log-in and password must not be shared. You are responsible for maintaining the confidentiality of your account log-in and password information, and for the security of your computer to access the TAS. In the event of a breach of security, You agree to immediately change your password and to promptly (and in any event, within one business day) notify ICANN of such breach in writing.
3.4 Restrictions. You must not: (a) reverse engineer, disassemble, decompile or otherwise attempt to access or determine TAS source code; (b) re-distribute or sublicense access to the TAS, or any part thereof, to any third party; (c) engage in any malicious or illegal behavior in connection with access or use of the TAS (including without limitation, submitting malicious code or engaging in other activity designed to compromise the availability, security or data of the TAS); (d) remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on software accessed under this License; or (e) allow, assist or permit a third party to do any of the foregoing.
3.5 Technical Support. ICANN or a third party on ICANN’s behalf will provide technical support for TAS services.
4. INTELLECTUAL PROPERTY RIGHTS
5. PERSONAL INFORMATION
5.1 You certify that: (a) you have obtained all necessary permission to submit all personal or identifying information included or in connection with an application or any accompanying materials submitted or uploaded via the TAS; and (b) the relevant consent of persons for which personal information will be submitted via the TAS has been procured in accordance with applicable law in relation to such submission.
5.2 You acknowledge that any personal or identifying information submitted to the TAS is collected, stored and disclosed for the purposes of processing an application under ICANN’s new gTLD Program. ICANN will handle personal information collected in accordance with its gTLD Program privacy statement at http://newgtlds.icann.org/en/applicants/agb/program-privacy, which is incorporated herein by this reference.
6.2 You may terminate the License and your personal login by written or email notification to ICANN via ICANN’s customer support contact address.
6.3 In the event of termination, You must cease using the TAS. You further acknowledge that ICANN may terminate your password, account and use of the TAS immediately upon the effective date of termination and that ICANN may retain any information previously entered into TAS for purposes of administering the application.
7. DISCLAIMER; LIMITATION OF LIABILITY & INDEMNITY
7.1 USE OF THE TAS AND THIS LICENSE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ICANN, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TAS AND AN APPLICANT’S OR USER’S USE OF THE TAS. ICANN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE FITNESS FOR USE, NON-INFRINGEMENT, AVAILABILITY OR RELIABILITY OF THE TAS OR THAT THE TAS IS ERROR-FREE.
7.2 IN NO EVENT SHALL ICANN, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE TAS OR TAS DATA, (II) INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE TAS, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TAS, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE TAS BY ANY THIRD PARTY, (V) DENIAL OF SERVICE OR ANY MALACIOUS SECURITY EXPLOIT INVOLVING THE TAS, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE, COMPROMISE, OR LOSS OF PERSONAL DATA AND CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TAS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPLICANT OR USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.
8. THIRD PARTY PROVIDER SUBLICENSE TERMS
The TAS incorporates software licensed from Microsoft Corporation. You agree to the following terms and conditions in relation to use of these Microsoft products in accessing or using the TAS:
8.1 High Risk Use. You must not use the software under this License in any application or situation where the software failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage.
8.2 You must not remove any copyright, trademark, or patent notices contained in or on the software products under this License. You have no right under this agreement to use any Microsoft logos in any manner whatsoever. You must use the appropriate trademark, product descriptor, and trademark symbol (either “TM” or “®”) and clearly indicate Microsoft’s (or Microsoft’s suppliers’) ownership of such marks whenever a Microsoft product is first referenced in any written or visual communication. A listing of Microsoft’s trademarks can be found at http://www.microsoft.com/trademarks. You must not undertake any action that will interfere with or diminish Microsoft’s (or Microsoft’s suppliers’) right, title and/or interest in the trademark(s) or trade name(s). At Microsoft’s request, You must provide samples of all your written or visual materials that use a Microsoft product name.
8.3 You acknowledge that your name, address, and country in which you are located may be provided to Microsoft in monthly end use reports under Microsoft sublicensing requirements.
9.2 Sections 4 to 9 survive any termination or expiry of the License.