Verisign Public DNS Terms of Service
These Terms of Service govern your use of the Service and constitute a legally binding contract between you and VeriSign, Inc. and its Affiliates (collectively, “Verisign”). You understand that by using any or all of the Service, you agree to be bound by these Terms of Service. You and Verisign may each also be referred to individually as a “Party” or together as the “Parties.”
1.1 “Affiliate” means, with respect to each Party, any entity which directly or indirectly controls, is controlled by, or is under common control with, such Party.
1.2 “Data Controller” has the meaning set out in the Data Protection Legislation in force at the time.
1.3 “Data Protection Legislation” means any applicable law in the United Kingdom and/or the European Union relating to the processing, privacy and use of Personal Data, as applicable, including: (a) in the United Kingdom, the Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and/or any corresponding or equivalent national laws or regulations (“Revised UK DP Law”); and (b) in member states of the European Union, Directive 95/46/EC or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with either of them or (c) once applicable, any successor legislation (and/or any national laws or regulations corresponding or equivalent thereto) to the GDPR or Revised UK DP Law.
1.4 “Feedback” means any feedback, comments, questions, suggestions and ideas regarding the Service that you may provide to Verisign through any medium or forum including, but not limited to, online forums, e-mail, telephone, online and/or live surveys and questionnaires.
1.5 “Intellectual Property Rights” mean any and all now known or hereafter existing rights associated with United States and foreign copyrights (including, without limitation, the right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), database rights, trademarks (including, without limitation, trade dress, trade names, service marks, corporate names and logos), inventions, patents (including, without limitation, the right to make, use, offer for sale and sell), patent applications, software, firmware, know-how, trade secrets, moral rights and all rights or forms of protection of proprietary rights of every kind and of a similar nature, or having similar effect to any of them, which may exist throughout the world however designated, whether or not any of them is registered, and including applications for registration for any of the foregoing.
1.6 “Internet Protocol Address” or “IP Address” means a numerical label assigned to each device (e.g. computer, printer) participating in a computer network that uses the Internet Protocol for communication. Two versions of the Internet Protocol (IP) are in use: IP Version 4 (e.g., 172.16.254.1) and IP Version 6 (e.g., 2001:2001:2001:2001:0001:0001:0001:0001).
1.7 “Personal Data” has the meaning set out in the Data Protection Legislation in force
1.8 “Public DNS IP Addresses” means (a) 184.108.40.206; (b) 220.127.116.11; (c) 2620:74:1b::1:1 and (d) 2620:74:1c::2:2.
1.9 “Service” means the Verisign Public DNS Service, including any tools, features, functionality and forums through which Feedback may be submitted.
1.10 “Service Data” means data and information (a) collected by the Service about your use and, if you are an entity, your individual users’ use of the Service, including information which may be deemed Personal Data (i.e., IP address, domain name queries and geo-location data); and (b) generated by the Service including, but not limited to, any statistical information related to the usage, traffic patterns and behaviour of the users of the Service.
1.11 “Verisign Content” means user guides, and other documentation, technical and operations manuals and specifications made available by Verisign in connection with the Service.
2. Acceptance of Terms. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before accessing the Service. Please read these Terms of Service carefully and print off or save a copy for your records. If you agree to these Terms of Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service. In such event, “you” and “your” will refer and apply to that entity. If you do not have the legal authority to bind such entity, please do not use the Service.
3. License Grant. Subject to these Terms of Service and in accordance with any applicable instructions or documentation provided or posted by Verisign, Verisign hereby grants to you a non-exclusive, non-transferable, non-sublicensable, non-assignable limited right and licence to (a) use the Public DNS IP Addresses for the purposes of accessing and using the Service; and (b) access and use the Service.
4. Restrictions. You may not (a) charge a fee for the use of the Service without Verisign’s written approval; (b) copy, modify, distribute, reverse engineer, decompile or otherwise attempt to extract the source code for any of the software or systems which deliver the Service; (c) disparage Verisign, the Service or any other products and services Verisign may offer; (d) reproduce, duplicate, copy, resell, redistribute or otherwise exploit the Service; (e) create or attempt to create any substitute service or product through the use of the Service; or (f) integrate the Service into another service or product.
5. Term. The term of these Terms of Service commences upon the date you access and/or use the Service and continues until termination in accordance with these Terms of Service.
6. Termination. You may terminate these Terms of Service by discontinuing your use of the Service at any time without notice. You agree that Verisign may in its discretion terminate or suspend your use of and access to all or part of the Service immediately and without notice at any time and for any reason. You agree that Verisign shall not be liable to you or to any third party for any termination or suspension of all or part of the Service.
7.1 Modifications to Terms of Service. These Terms of Service may be changed, modified, supplemented or updated by Verisign at any time and without notice. You can review the most current version of the Terms of Service at any time by visiting the Verisign Public DNS Service webpage on Verisign’s website. You can determine when these Terms of Service were last revised by referring to the “Last Updated” legend at the bottom of these Terms of Service. Your continued use of the Service shall constitute your acceptance of any changed, modified, supplemented or updated Terms of Service. In addition, you shall be subject to any guidelines, rules or policies applicable to the Service posted by Verisign from time to time, which are hereby incorporated by this reference.
7.2 Modifications to Service. Verisign may also modify or discontinue, temporarily or permanently, all or part of the Service without notice at any time. Verisign may update the functionality of the Service, add or remove features to the Service, change the access configuration for the Service or update the related software. In such event, these Terms of Service shall also apply to any updates, changes and/or upgrades subsequently made by Verisign to the Service. You agree that Verisign shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or part of the Service.
8. Intellectual Property Rights. Except as otherwise expressly stated herein, nothing in these Terms of Service creates any right of ownership or license (by implication, estoppel, or otherwise) in and to the Service, the Verisign Content and related technology and intellectual property. Verisign will own all Intellectual Property Rights, title, and interest to (a) the Service and all data (including Service Data), content, software, ideas, concepts, techniques, methods, processes, configurations or other intellectual property embodied in, or practised or developed or submitted in connection with, the Service; (b) any and all Feedback, ideas, reports, suggestions, recommendations, analyses, data, evaluation materials, records, designs, inventions, specifications and other materials created under these Terms of Service or arising out of the Service or Verisign’s performance of its obligations hereunder, whether created or gathered by you or Verisign during the course of, or as a result of, these Terms of Service or the provision of the Service; and (c) its Confidential Information. You agree not to remove or destroy any proprietary, trademark or copyright markings placed upon or contained within the Service.
9. Compliance with Laws. You agree that you will use the Service in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical information and Personal Data exported from the United States or the country in which you reside.
10. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, VERISIGN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. IN ADDITION, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR OTHER DEVICE AND ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU ACKNOWLEDGE AND AGREE THAT VERISIGN AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
11. Indemnity. You agree to release, indemnify, defend and hold harmless Verisign and its officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your breach or alleged of these Terms of Service and your use of the Service. Verisign reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Verisign in asserting any available defences.
12. Service Data. Verisign uses the Service Data to provide the Service and for internal business and analysis purposes. With your prior consent, Verisign may also use the Service Data for its own lead generation and marketing purposes. Verisign will not sell or distribute to a third party any Personal Data collected as a result of performing the Service. Further details of how Verisign handles your (or if you are an entity, your users’) Personal Data (including in relation to internal transfers and retention of Personal Data) are set out in Verisign’s Privacy Statement. Please review our Privacy Statement carefully before using the Service. If you are an entity, you acknowledge and agree that, for the purposes of Data Protection Legislation, Verisign shall be the sole Data Controller of any Personal Data which relates to your individual users and which is transferred to Verisign or generated by you, your individual users and/or Verisign and processed by Verisign in accordance with and during the term of these Terms of Service. Where you transfer any such Personal Data to Verisign on behalf of your individual users, you agree that you will ensure that you have all necessary notices and consents in place to enable lawful transfer of the Personal Data to Verisign for the purposes set out in these Terms of Service.
13. Feedback. Verisign may provide you with one or more mediums or forums through which you may submit Feedback and additional terms and conditions may apply. You hereby agree and acknowledge that such Feedback (i) may be viewed by other individuals, (ii) may be reviewed, monitored and deleted at any time at Verisign’s sole discretion, (iii) shall not contain any viruses, worms, malware, Trojan horses, and other harmful or destructive content, (iv) shall not infringe the Intellectual Property Rights of any third party, (v) is not spam, machine- or randomly-generated, (vi) does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing), (vii) is not pornographic, libellous or defamatory,(viii) does not contain threats or incite violence towards individuals or entities, (ix) does not violate the privacy or publicity rights of any third party and (x) does not contain vulgar statements.
14. Prohibited Use. You will not (a) use the Service for any unlawful, unauthorised, fraudulent or malicious purpose; (b) bypass any measures Verisign may use to prevent or restrict access to the Service or otherwise interfere with any other party’s use and enjoyment of the Service; (c) use the Service to infringe any intellectual property or other right of any other third party. Verisign may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Verisign reserves the right at all times to disclose any information (including Personal Data) as Verisign deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Verisign’s sole discretion.
15. Taxes. Any taxes, duties, fees and other governmental charges of any kind (including sales, services, use and value-added taxes, but excluding taxes based on the gross revenues or net income of Verisign) which may be imposed by or under the authority of any government or any political subdivision thereof on You related to the Services or your use of the Service shall be borne by you.
16. Additional Provisions.
(a) Notice. Verisign may provide you with notices, including those regarding changes to these Terms of Service, by posting such notices through one or more mediums or forums located on the Verisign Public DNS Service webpage on Verisign’s website. These notices are considered part of the Service.
(b) Severability. You agree that the terms of these Terms of Service are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Terms of Service. These Terms of Service will be deemed amended to the extent necessary to make these Terms of Service enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the Parties, and the remaining terms and provisions will remain in full force and effect.
(c) Entire Agreement. You agree that these Terms of Service constitute the entire, complete and exclusive agreement between you and Verisign regarding the Service and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service.
(d) Governing Law. These Terms of Service and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. The Parties hereby agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between us under or arising out of these Terms of Service or your use of the Service. If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any disputes between us under or arising out of these Terms of Service or your use of the Service, you and we agree that jurisdiction shall be in the courts of Fairfax County, Fairfax, Virginia. The Parties hereby waive any right to jury trial with respect to any action brought in connection with these Terms of Service or your use of the Service. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(e) Waiver. No waiver of any provision of these Terms of Service shall be effective unless it is in writing and signed by an authorised representative of Verisign. The remedies of Verisign under these Terms of Service shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a Party, at any time or from time to time, to require performance of any obligations of the other Party hereunder shall not affect its right to enforce any provision of these Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(f) Headings. The section headings appearing in these Terms of Service are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(g) Force Majeure. Verisign shall not be liable for any cessation, interruption or delay in the performance of its obligations hereunder (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, employment strike, lockout, boycott or other events beyond the reasonable control of Verisign.
Last Updated: 5 June 2018