Global Block Service Agreement
This GlobalBlock Service Agreement ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day that our GlobalBlock Services ("GlobalBlock Services") are ordered and paid for.
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement by reference, and your subscription to our GlobalBlock Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions of your use of our GlobalBlock Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits unless explicitly stated herein.
1. Description of GlobalBlock Services
The GlobalBlock Service is a service provided by Brand Safety Alliance, LLC. The GlobalBlock Service prevents the registration of certain second-level and third-level domain names ("SLD") in certain top-level domains ("TLD") of participating registries with the Brand Safety Alliance ("BSA"). There are four types of Rights that are eligible for use with GlobalBlock Services: registered trademarks, unregistered trademarks, company or organization names, and celebrity names. The applied for Right shall consist of a string of characters consisting of one or more letters, digits or a hyphen (hereafter referred to as a "Label"). Labels must be a minimum of three characters long.
GlobalBlock utilizes an Intellectual Property Right number ("IPR") that is assigned within the BSA gateway to a verified right. An IPR may be issued to rights holders whose rights have previously been verified through the following blocking services: AdultBlock; DPML; MPML; or dotXXX Sunrise B Registration. Rights holders who have a valid Signed Mark Data (SMD) file issued by the Trademark Clearinghouse will not require a BSA IPR to be issued.
For rights that have not been verified by one of the methods described, a third party Verification Agent will review applications and supporting evidence in order to decide whether the rights meet eligibility requirements. It is in the sole discretion of the Verification Agent if complete and satisfactory evidence has been met. The GlobalBlock Block Services generally allow you to:
a. Prevent the registration of, or block, for a fee, for a period of 1-3 years, certain strings in all TLDs participating with BSA or its affiliates;
b. Unblock the block, for an additional fee, of certain TLDs in the protected GlobalBlock for use ("Unblock");
2. Provision and Configuration of the GlobalBlock Services
For a GlobalBlock application to be submitted, in addition to complying with the terms of this Agreement and the terms and conditions of BSA, you must provide the following:
a. Name of GlobalBlock holder and the Label that corresponds to one of the above Rights. ;
b. GlobalBlock product to be put under GlobalBlock, e.g. GlobalBlock standard, GlobalBlock+ ;
c. If submitting a Right that has not yet been assigned an IPR, you may either submit an SMD File as issued by the TMCH if available or documentation and evidence as requested by the third party Verification Agent to determine eligibility. A Verification Agent will review applications for Rights verification to decide whether the rights meet eligibility requirements. Such rights would include: registered trademarks, unregistered trademarks, company or organization name, celebrity name.
d. Name of GlobalBlock holder's representative submitting the GlobalBlock application, including administrative and technical contact, street address, country and postal code, email address, telephone number and fax number;
e. The requested GlobalBlock Block period (1-3 years), or if a renewal, the requested renewal period (1-3 years); and
f. The required fees paid to us.
3. GlobalBlock Specifications
Each Label that you request to be blocked will incur a separate GlobalBlock fee ("Fees").
3.1 GlobalBlock Creation
A GlobalBlock Label will only be created or modified insofar and to the extent that:
a. The Label meets the criteria in section 3.2 below;
b. The string and the information contained in the GlobalBlock request meet the requirements in this Agreement;
c. The Label adheres to the requirements set out by BSA, and if no corresponding IPR or SMD file, sufficient documentation and evidence is provided to the third party Verification Agent to confirm a Right that is eligible for the GlobalBlock service. For GlobalBlock+ services, variants of the Label, such as homoglyphs, typosquatting and other malicious activity shall also be blocked.
3.2 GlobalBlock Requirements
GlobalBlock applications will not be accepted unless the applied for Label meets applicable requirements as defined by BSA, including the following technical and syntax requirements:
a. The Label must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9 and hyphens;
b. The Label cannot begin or end with a hyphen;
c. For GlobalBlock in IDNs, blocked Labels must be in the languages supported by BSA;
d. The Labels can only have two consecutive hyphens (--) in the 3rd and 4th positions, when preceded by "xn" and followed by a label that corresponds with an IDN containing characters referred to in (c) above;
e. The Label cannot exceed 63 characters; and
f. The Label must contain at least three characters (one or two character GlobalBlock Blocks are prohibited).
3.3 Authentication of GlobalBlock Requests
GlobalBlock will not be processed until the SMD File has been validated if provided, or the Verification Agent has made a determination to verify the provided Rights, and Fees have been paid.
3.4 GlobalBlock Exceptions
A GlobalBlock will not apply to:
a. Labels that BSA, in their sole discretion, identifies as restricted which may include, but is not limited to, profanity, culturally sensitive terms, terms of geographic significance, generic or genericized terms;
b. Previously registered names;
c. SLDs subject to an Unblock, as defined in Section 3.6 below.
3.5 GlobalBlock Blocking Behavior
GlobalBlocks:
a. Will be published to public domain contact database and provide information such as "this name subscribes to the GlobalBlock/GlobalBlock+ product; therefore, this name is not available for registration";
b. Will not result in a domain name that resolves on the public Internet;
c. Are subject to periodic audit by BSA to verify that the applicable IPR, SMD File or Verified Right is still valid;
d. Will be applied, at no additional cost, to SLDs that were not available at the time of a GlobalBlock, but that later changed to available SLDs. Additional fees may apply at renewal as TLDs are added to the product;
e. Will be applied in the current term, at no additional cost, to domain names that are no longer categorized as reserved or restricted; and
f. Will be applied, at no additional cost during the current term, to TLDs that are later included in the TLD list managed by BSA.
3.6 Unblocking of an SLD.
A Verified rights holder seeking to unblock an SLD that matches a blocked Label under their GlobalBlock subscription may unblock the existing GlobalBlock and purchase a domain name registration for a domain name containing that SLD. If there are more than one GlobalBlock Verified Rights holders for the Label, then all rights holders must agree to allow the SLD to be unblocked and registered by the applicant.
4. Your Obligations
You acknowledge and agree:
a. To grant BSA and its contracted parties a fully paid, nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license and approval to host, cache, copy, or report publicly, in whatever method or format BSA chooses, for the purpose of, and in conjunction with, effectuating the GlobalBlock Service;
b. That the GlobalBlock applicant owns or has permission to use and submit the GlobalBlock application, and that to its knowledge, such usage and submission does not violate applicable license agreements, laws, regulations, or rights of any third party;
c. That the application is and will remain accurate, current and complete throughout the applicable GlobalBlock block period, and that if BSA has reason to believe that the application content is untrue, inaccurate, out-of-date or incomplete, after providing you five (5) days notice to correct such information or give reasonable assurance to BSA of such information’s accuracy, BSA reserves the right in its sole discretion to deny or cancel the underlying GlobalBlock;
d. That the GlobalBlock applicant has, and will keep in effect during the use of the GlobalBlock Service, all licenses and approvals necessary to grant BSA and its subcontractors these rights and that they will be provided at no charge to BSA upon request;
e. That BSA, in its sole discretion, may temporarily suspend the GlobalBlock Service to minimize threats to the operational stability and security of the GlobalBlock databases and the registries partnered with BSA; provided, however, that a suspension of the GlobalBlock Service will not allow registrations to occur for SLDs under GlobalBlock that would not otherwise be permitted by the BSA policies when the GlobalBlock Service is fully operational;
f. That the modification or cancellation of any GlobalBlock in accordance with the BSA policies will not result in any refund of any fees paid for the GlobalBlock Service under this Agreement; and
Further, you acknowledge and agree that you will not use the GlobalBlock Service in a manner, as determined by us or BSA at that party’s sole discretion, that:
g. Infringes on the intellectual property rights of any other person or entity;
h. Is illegal, or promotes or encourages illegal activity;
i. Interferes with the operation of the GlobalBlock Service or public domain contact databases, DNS or other services provided by registries partnered with BSA;
5. Availability of the GlobalBlock Service
We and BSA reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any GlobalBlock application and/or the GlobalBlock Service due to the following:
a. To enforce our policies, BSA policies and ICANN requirements, each as amended from time to time;
b. Submission of incorrect, incomplete, or inaccurate information as required by us, ICANN requirements, or BSA policies or where required information is not updated or corrected as required by us, ICANN requirements, or BSA policies;
c. To correct mistakes made in offering or delivering the GlobalBlock Service;
d. To protect the integrity and stability of the GlobalBlock Service;
e. To assist with fraud and abuse detection and prevention efforts;
f. To comply with court orders or applicable local, state, national and international laws, rules and regulations;
g. To comply with requests of law enforcement, including subpoena requests;
h. To comply with any dispute resolution process;
i. To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or
j. To avoid any damage, or civil or criminal liability, to us or to BSA or its officers, affiliates, directors, contracted parties, employees and agents;
k. If BSA receives notice that the Label is under dispute as outlined by the GlobalBlock Dispute Resolution Policy ;
l. As otherwise provided in the terms and conditions and the Registry-Registrar Agreements entered into by registries partnered with BSA.
Please note: BSA’s ability to provide GlobalBlock is subject to change, including without limitation, complete discontinuation of the GlobalBlock Service based on ICANN interpretations of the Registry Agreement or pursuant to applicable law or regulation.
6. Limitations of Liability
In addition to the warranties and disclaimers contained in, and agreed to, in the MSA, that you agree to the Limitations of Liability below as they apply directly between you and BSA:
NEITHER BSA, RSP AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE BSA OR RSP (INCLUDING WITHOUT LIMITATION THE VERIFICATION AGENT(S)) SHALL BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OR FOR DIRECT DAMAGES GREATER THAN THE LIMITATIONS ESTABLISHED HEREIN EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY, IF ANY, OF BSA, RSP AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE BSA OR RSP (INCLUDING WITHOUT LIMITATION THE VERIFICATION AGENT(S)), INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, OR BREACH OF WARRANTY, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
BSA, RSP AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE BSA OR RSP (INCLUDING WITHOUT LIMITATION THE VERIFICATION AGENT(S)) PROVIDE ALL SERVICES PERFORMED HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. NEITHER THE BSA, RSP, AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE BSA OR RSP (INCLUDING WITHOUT LIMITATION THE VERIFICATION AGENT(S)), MAKE ANY REPRESENTATION THAT ITS WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NEITHER THE BSA NOR THE RSP, AND/OR ANY THIRD PARTY AGENT(S) ON BEHALF OF THE BSA OR RSP (INCLUDING WITHOUT LIMITATION THE VERIFICATION AGENT(S)), WILL BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN CONNECTION WITH THE SERVICE.
8. Modification
This Agreement is subject to change, including, without limitation, complete discontinuation of the GlobalBlock Service based on ICANN interpretations of the Registry Agreement or pursuant to applicable law or regulation.
All other rights reserved by us to modify this Agreement are governed by the MSA executed between the parties.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain GRS Limited