Terms of Service
DNS Abuse Institute
Last Updated Date: April 11, 2022
These terms and conditions (the “Terms”) apply to your access to and your use of the DNS Abuse Institute’s NetBeacon Service (the “NetBeacon Service”) as further set forth herein. By accessing or using the NetBeacon Service (whether directly through our site or through a third-party’s site), you agree that you are bound by these Terms. As used in these Terms, the phrases “you”, “your” and “yours” refer to the individual agreeing to these Terms; if you are acting on behalf of an entity (e.g., a company, organization, etc.), then those phrases refer to the entity on whose behalf you are acting. As used in these Terms, the phrases “DNSAI”, “we”, “us” or “ours” refer collectively to Public Interest Registry and its DNS Abuse Institute. If you do not agree to be bound by these Terms, you are not authorized to use the NetBeacon Service. We may update these Terms from time to time, and we’ll post the updated version of these Terms here. We’ll include a “Last Updated Date” at the beginning of these Terms so that you can see when we last made changes. Your continued use of any aspect of the NetBeacon Service after we post updated Terms will constitute your agreement to the updated Terms.
Our Privacy Notice forms a part of, and is hereby incorporated into, these Terms. Without limiting our other rights hereunder or elsewhere, you agree that we may make available information you provide or that we maintain about you to third parties as applicable laws require or permit, including, without limitation, as provided in our Privacy Notice. We may also report to appropriate law enforcement agencies activity that we believe to be potentially criminal. This paragraph will survive the termination of these Terms.
NetBeacon Service Access & Use
Purpose of NetBeacon Service. Our NetBeacon Service is intended to provide a centralized, structured and efficient method for users (“Abuse Reporters”) to submit abuse complaints (each, a “Notification”) related to Internet infrastructure providers that can be appropriately acted upon by Notification recipients, such as the relevant registrar, provider, or party (“Abuse Report Recipients”).
Your Access. Subject to these Terms, you may access and use the NetBeacon Service solely to submit abuse Notifications and take such other actions as are expressly permitted within the NetBeacon Service features and functionality we make available to you (directly or through third parties). If you are managing the access of other users within your organization, those users must also agree to be bound by these Terms. User IDs are granted to individual persons and may not be shared. You must follow all instructions provided by us for using the NetBeacon Service. You are not authorized to, and you agree that you will not, use the NetBeacon Service other than as expressly permitted in these Terms. Without limiting the foregoing, you agree that you will not do any of the following in connection with the NetBeacon Service:
- Use the NetBeacon Service for any unlawful, nefarious, malicious, abusive, or inappropriate purpose, or to wrongfully attempt to interrupt or disrupt products, services or business of another person or entity.
- Introduce into the NetBeacon Service any malicious or otherwise harmful code or computer virus.
- Introduce into the NetBeacon Service, or post, upload, transmit or link to, any Child Sexual Abuse Materials (“CSAM”) or any image depicting child pornography.
- Introduce into the NetBeacon Service, or post, upload, transmit or link to, any illegal, sexually explicitimages or content.
- Attempt to access or obtain information from another person or entity’s account with us.
- Engage in any activity that could disrupt or interfere with any other person’s or entity’s use of the NetBeacon Service.
- Impersonate another person or entity.
- Submit more than one Notification for a particular abuse incident.
- Engage in any activity that is abusive or could be harmful to DNSAI or its vendors or licensors, or that could subject any of them or us to potential litigation or other legal action by another party.
Your Online Account. We may require that you create an online account with us as a condition of using the NetBeacon Service. You agree to provide accurate and complete information in connection with any account you establish with us, and you agree to keep that information accurate and complete for as long as you have an online account with us. You are responsible for safeguarding any authentication credentials (e.g., passwords) issued or created for your account, and you are responsible for all actions taken through the use of your account— whether authorized by you or not. We may reset your password, suspend your access to and interactions with the NetBeacon Service, either temporarily or permanently, or take other similar actions for the purpose of NetBeacon Service security. You agree to immediately notify us upon discovering any compromise, misuse, or unauthorized access to your authentication credentials or your account.
In the event we, in our sole discretion, determine you have violated these Terms, you understand and agree that we reserve the right to sever your access to the NetBeacon Service and/or terminate your account.
Notification Submission. When you submit a Notification through the NetBeacon Service:
- You will be required to submit login credentials yourself;
- You must provide all information requested in connection with the Notification (including without limitation, all requested evidence of the abuse about which you are submitting a Notification).
- We will attempt to share your Notification with Abuse Report Recipients we deem appropriate based on their association with DNS-related products or services and their ability to act on the Notification.
- In order to process your Notification, your information and any email address or other communication identifier you provide will be provided to each Abuse Report Recipient (we do not permit anonymous Notifications). This information may be used by Abuse Report Recipients to provide information to you or request additional information from you concerning the Notification.
- We may append to your Notification additional information pertaining to any domain name(s) or other DNS-related resources related to your Notification where we believe, in our sole discretion, that the information might be helpful to the Abuse Report Recipient in processing the Notification.
Your Activity and Statistics. We may provide you with the ability to view and share certain information concerning your activity within the NetBeacon Service, such as, e.g., statistics regarding your Notification submissions (collectively, “Activity Information”). While we try to provide Activity Information that is accurate, you acknowledge and agree that we cannot and do not promise that it will be accurate, and you assume all risks that your Activity Information might be inaccurate. You agree that we have the right to use and publish for our purposes any Activity Information that you have published, and the right to use and publish all Activity Information that is non-personal information in any manner and for any purposes that does not reasonably allow another person to identify you. This paragraph will survive the termination of these Terms.
No Guaranty of Submission or Action. We may, in our sole discretion, refuse to process or forward your Notification, and we cannot and do not promise that your Notification will reach or be acted upon by any Abuse Report Recipients.
Your equipment. You are responsible for acquiring and maintaining all equipment and services (such as, without limitation, Internet connectivity) required to use the NetBeacon Service as made available by us.
Your Representations and Warranties. You represent and warrant to us the following:
- You are at least 18 years of age.
- You will only submit Notifications based upon a good faith belief by you that each such Notification pertains to abusive, unauthorized, or unlawful activity falling within the Notification categories made available to you within the NetBeacon Service.
- You are not and will not use the NetBeacon Service for any unlawful, nefarious, or malicious purpose.
- All of the information you provide to, within or through the NetBeacon Service is and will, to the best of your knowledge and belief, be accurate and complete, and in compliance with these Terms.
- If you are acting on behalf of another person or entity, you have all necessary authorizations and permissions to legally act on that person’s or entity’s behalf and to provide the information you provide or make available through the NetBeacon Service.
This paragraph will survive the termination of these Terms.
Intellectual Property Notices & Protections.
You agree that we and our licensors own all right, title and interest, including all intellectual property rights, in and to the NetBeacon Service, and all software, algorithms, code, methodologies, content, trademarks, service marks, logos, images, data, and forms related thereto, and all modifications to any of the foregoing (the “DNSAI IP”). You may from time-to-time provide suggestions or ideas concerning the DNSAI IP (“Feedback”). We shall have the unrestricted right, and you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, transferable, and fully paid right and license, to use and fully exploit any and all Feedback for any purposes, commercial or otherwise, without any obligation of compensation or attribution to you or any third party. You agree not to remove or attempt to use technological means to remove or bypass any intellectual property notices or technological safeguards included in any DNSAI IP. All rights not expressly granted under these Terms are hereby reserved by DNSAI and its licensors. You will not use any DNSAI IP in any manner or for any purpose not expressly permitted in these Terms. Without limiting the foregoing, you will not, either directly or through a third party: (i) copy, modify, adapt, alter, translate or create derivative works of any DNSAI IP; (ii) distribute, sublicense, lease, rent, loan or otherwise transfer any aspect of the DNSAI IP to any third party; or (iii) reverse engineer, decompile, disassemble or otherwise attempt to derive source code for any aspect of the DNSAI IP. This paragraph will survive the termination of these Terms.
Termination & Effect of Termination.
You and we each may terminate these Terms at any time, with or without cause, by providing written notice to the other party (and our written notice to you may be via email or through any account you have created with us). Upon termination of these Terms, all access and use rights granted to you will cease, you will no longer be authorized to access or use the NetBeacon Service, and we will have no obligation to provide any information concerning your account to you, including, without limitation, any Activity Information. We may, at any time, in our sole discretion, modify or cease providing the NetBeacon Service or any aspect of it.
Limitation of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, DNSAI, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF THE NETBEACON SERVICE, OR THESE TERMS, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT (AND ONLY IN THE EVENT) THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE WITH RESPECT TO ANY CLAIM BY YOU OR SOMEONE ACTING ON YOUR BEHALF ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF THE NETBEACON SERVICE, OR THESE TERMS, YOU AGREE THAT IN THAT CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL SUCH CLAIMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT CHARGING YOU A FEE FOR THE ACCESS AND USE OF THE NETBEACON SERVICE GRANTED IN THESE TERMS, AND THEREFORE THE LIMITATION OF OUR LIABILITY ABOVE IS ACCEPTABLE TO YOU, AND THAT WITHOUT THE LIMITATION OF LIABILITY STATED HEREIN, WE WOULD NOT MAKE THE NETBEACON SERVICE AVAILABLE TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IT IS NOT NECESSARY TO USE THE NETBEACON SERVICE TO SUBMIT ABUSE NOTIFICATIONS DIRECTLY TO THIRD PARTIES.
The provisions in this “Limitation of Liability” section will survive the termination of these Terms.
You agree to indemnify, defend, and hold DNSAI and Public Interest Registry and its affiliates, and each of their officers, directors, employees, agents and representatives, harmless from and against all claims, losses, liabilities, or damages arising from or related to your use of the NetBeacon Service.
Disclaimer; No Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE NETBEACON SERVICE IS AT YOUR OWN RISK, AND THAT THE NETBEACON SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE NETBEACON SERVICE OR ITS CONTENT WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, OR ERROR FREE, OR THAT ANY OF THEM WILL MEET YOUR REQUIREMENTS. ADDITIONALLY, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT OR QUALITY OF ANY THIRD-PARTY WEBSITES OR RESOURCES THROUGH WHICH YOU MIGHT ACCESS, USE OR RECEIVE MESSAGES CONCERNING THE NETBEACON SERVICE. THE INCLUSION OF A LINK OR FORM PERTAINING TO THE NETBEACON SERVICE ON A THIRD PARTY’S WEBSITE DOES NOT IMPLY THAT WE ENDORSE THE OTHER PARTY OR THEIR SERVICES, WEBSITES OR CONTENT. YOU AGREE THAT YOUR USE OF ANY LINKS, FORMS OR OTHER ACCESS TO THE NETBEACON SERVICE ON A THIRD-PARTY SITE OR THROUGH A THIRD-PARTY SYSTEM IS AT YOUR OWN RISK.
Legal Action; Governing Law and Jurisdiction; No Class Actions.
You and we agree that these Terms shall be governed by and interpreted under the laws of the Commonwealth of Virginia, without regard to its conflicts of laws rules, and any dispute arising out of or related to the NetBeacon Service or these Terms must be brought exclusively in the state and federal courts for Fairfax County, Virginia, USA. You and we each agree to the exclusive personal jurisdiction and venue of such courts for the resolution of all such disputes. To the fullest extent permitted by law, neither the Uniform Computer Information Transactions Act (as enacted in any jurisdiction) nor the United Nations Convention on Contracts for the International Sale of Goods shall apply to these Terms, and you and we hereby exclude, reject and waive the application of the same to these Terms. You further agree that any dispute relating to or arising out of these Terms or the NetBeacon Service shall be resolved on an individual basis. Consequently, you agree that you may not bring a claim that relates to or arises out of these Terms or your use of or access to the NetBeacon Service as a plaintiff in, or a class member in, a class action or similar type of group or consolidated action. You agree that the limitations contained in this paragraph are an essential element of these Terms and without such limitations, we would not make the NetBeacon Service available to you. This paragraph will survive the termination of these Terms.
These Terms constitute the full and complete agreement between you and us concerning the NetBeacon Service and any access or use by you, and these Terms supersede all prior communications or agreements between you and us pertaining to the subject matter of these Terms. You may not modify these Terms in any way except as agreed to by us in a written document signed by both you and us. If any provision is declared invalid or unenforceable, all remaining provisions will nevertheless remain in effect. Any provision of these Terms that requires or reasonably contemplates the performance or existence of obligations by either you or us after termination of these Terms will survive such termination, including, without limitation, any paragraphs and sections expressly referred to herein as surviving such termination. If you have any questions regarding these Terms, please contact us via e-mail at firstname.lastname@example.org.