DNSAI Compass Dashboard

Terms of Use 

These terms and conditions (the “Terms”) apply to your access and your use of the DNS Abuse Institute’s Compass data dashboard(s) (the “Compass Dashboard”) and the Dashboard Information as defined below. The Compass Dashboard is hosted on Tableau so by accessing the Compass Dashboard, you agree to be bound by the Tableau Cloud Terms & Use. 

By accessing or using the Compass Dashboard, 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 or organization), then those phrases refer to the entity on whose behalf you are acting. As used in these Terms, the phrases “Institute”, “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 access or use the Compass Dashboard. We may update these Terms from time to time, and we’ll post the updated version of these Terms to this page <https://dnsabuseinstitute.org/termsandconditions>. 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 Compass Dashboard after we post updated Terms will constitute your agreement to the updated Terms. 

Privacy      

Our Privacy Notice forms a part of, and is incorporated into, these Terms. Without limiting our other rights  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 in order to provide this service, including, without limitation, as provided in our Privacy Policy. No personal data will be included in, or processed, related to the Compass Dashboard or Dashboard Information you provide or receive. You also agree that we are processing any personal data you provide based upon your consent which is revocable at any time. 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.

Inquiries regarding privacy can be made electronically via e-mail at privacy@pir.org, or via mail to Public Interest Registry c/o Privacy Office, 11911 Freedom Drive, 10th Floor, Suite 1000, Reston, VA 20190, USA, or via PIR’s EU Representative at datenschutz@rickert.net or Rickert Rechtsanwaltsgesellschaft mbH, Kaiserplatz 7-9, 53113, Bonn, Germany.

Compass Dashboard Access & Use

Purpose of Compass Dashboard. Our Compass Dashboard is intended to provide domain name registries or registrars with access to certain domain name system (DNS) abuse information specific to their organizations and peer groups in the DNS ecosystem. The Compass Dashboard enables a better understanding of the volume of identified DNS Abuse activities associated with a registry’s or registrar’s domains under management (DUM) and how they compare to their peers. We use a methodology available on our website to collect, cleanse, and aggregate data from multiple sources for the creation of Dashboard Information. We may change the methodology from time to time.       

Your Access and License. Subject to these Terms, you may access and use the Compass Dashboard solely to manage your account with us and to view and use (pursuant to the license granted) the charts, reports, diagrams, analyses, data, and other information we make available to you via the Compass Dashboard (collectively, “Dashboard Information”). Subject to these Terms (including, but not limited to, the “user restrictions”), we grant to you, during the term of these Terms, a limited, non-transferable, non-sublicensable, revocable license to (i) reproduce and use Dashboard Information solely for your internal business purposes, and (ii) publicly display on your website those elements of the Dashboard Information, if any, that we expressly designate (and only for so long as we expressly designate) within the Compass Dashboard as permissible for distribution and public display (“Licensed Material”). 

User Restrictions. A User ID is granted to an individual person and must not be shared. You must follow all instructions provided by us for using the Compass Dashboard and any Dashboard Information. You are not authorized to, and you agree that you will not, use the Compass Dashboard or any Dashboard Information other than as expressly permitted in these Terms. 

Without limiting the foregoing, you shall not, directly or indirectly, do any of the following in connection with the Compass Dashboard or Dashboard Information:  

  • Modify the content of any Dashboard Information or remove any intellectual property markings or identifiers included in, on, or as a part of any Dashboard Information.

  • Include any Dashboard Information in, on, or as a part of any product or service offering.

  • Distribute, publish, or display any Licensed Material without clearly attributing such Licensed Material to the DNS Abuse Institute. 

  • Use any Dashboard Information or Institute IP (as defined below) in a manner that suggests or implies, or that could reasonably be interpreted by a third party as suggesting or implying, that the Institute (i) endorses you or approves any aspect of your operations, (ii) maintains a special relationship with you, or (iii) has provided a certification or attestation to you.

  • Use the Compass Dashboard or any Dashboard Information for any unlawful, nefarious, malicious, abusive, or inappropriate purpose, or to wrongfully attempt to interrupt or disrupt any product, service, or business of another person or entity.

  • Introduce, or attempt to introduce, into the Compass Dashboard or the Institute’s systems, any malicious or otherwise harmful code or computer virus.

  • Introduce, or attempt to introduce, into the Compass Dashboard or the Institute’s systems, or post, upload, transmit or link to, any Child Sexual Abuse Materials (“CSAM”) or any image depicting child pornography.

  • Introduce or attempt to introduce, into the Compass Dashboard or the Institute’s systems, or post, upload, transmit or link to, any illegal, sexually explicit images 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 Compass Dashboard.

  • Impersonate another person or entity while using the Compass Dashboard.

  • Engage in any activity that is abusive or could be harmful to the Institute or its vendors or licensors, or that could subject any of them or us to potential litigation or other legal action by another party.

  • Assist or otherwise promote any third party in doing any of the foregoing.   

Your Online Account. We may require that you create an online account with us as a condition of using the Compass Dashboard. 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. This requires that you notify us if you no longer wish to maintain your account or if your account access should be  terminated (i.e., a change of employment, or change of TLD management to another registry or registrar). 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 interactions with the Compass Dashboard, either temporarily or permanently, or take other similar actions for the purpose of Compass Dashboard security. We may also conduct periodic audits to determine if accounts remain active. You agree to immediately notify us upon discovering any compromise, misuse, or unauthorized access to your authentication credentials or your account or if you are mistakenly granted access to another entity’s account or data.          

Violation of Terms. In the event that we determine, in our sole discretion, you have violated these Terms, you understand and agree that we reserve the right to sever your access to the Compass Dashboard, terminate the license granted herein, and/or terminate your account without notice. 

Your Dashboard Information. You acknowledge and agree that we cannot and do not promise that Dashboard Information will be accurate or complete, and you agree to assume all risks that Dashboard Information might contain inaccuracies or be incomplete. 

Your equipment. You are responsible for acquiring and maintaining all equipment and services (such as, without limitation, Internet connectivity) required to use the Compass Dashboard as made available by us. 

Your Contractors and Vendors. You agree that you are responsible and liable for the actions and omissions of your contractors and vendors, and any act or omission by any of them that would be a breach of these Terms if performed by you will constitute a breach of these Terms.

Your Representations and Warranties

You represent and warrant to us the following:

  • You are at least 18 years of age.

  • You are not using and will not use the Compass Dashboard or any Dashboard Information for any unlawful, nefarious, or malicious purpose.

  • You will only use the Compass Dashboard and Dashboard Information as permitted in these Terms.

  • All of the information you provide to us 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 to us.

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 Compass Dashboard and all Dashboard Information, 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 “Institute IP”). You may from time-to-time provide suggestions or ideas concerning the Institute IP (“Feedback”). We shall have the unrestricted right, and you 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 Institute IP. All rights not expressly granted under these Terms are reserved by the Institute and its licensors. You will not use any Institute 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 (other than with respect to Dashboard Information as expressly permitted herein): (i) copy, modify, adapt, alter, translate, or create derivative works of any Institute IP; (ii) distribute, sublicense, lease, rent, loan, or otherwise transfer any aspect of the Institute IP to any third party; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code for any aspect of the Institute 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, use rights, and licenses granted to you will cease and terminate, and you will no longer be authorized to access or use the Compass Dashboard or any Dashboard Information  Additionally, we will have no obligation to provide any information concerning your account to you. We may, at any time, in our sole discretion, modify or cease providing the Compass Dashboard or any aspect of it. 

Confidentiality  

Confidential Information. As used herein, “Confidential Information” means all nonpublic information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of the Institute shall include, without limitation, Dashboard Information that has not been designated by the Institute as Licensed Material. Notwithstanding the foregoing, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received by the Receiving Party from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

Nondisclosure. Each party acknowledges that it may acquire knowledge of the other’s Confidential Information. The Receiving Party agrees to protect the confidentiality of the Disclosing Party’s Confidential Information using the same degree of care as the Receiving Party uses to protect its own confidential information, which degree of care shall not be less than a reasonable degree of care. The Receiving Party shall not disclose any Confidential Information to any person or entity except to its employees, directors, and professional advisors and only to the extent required in connection with these Terms or as expressly permitted by the Disclosing Party in writing, and in all cases only after the third party agrees to be bound by confidentiality terms substantially similar to those contained in these Terms. Neither party shall use the other party’s Confidential Information for any purpose other than as expressly permitted by these Terms or by the Receiving Party in writing. Each party shall be responsible and liable to the other for any disclosure of Confidential Information by any employee, contractor, agent, or other person or entity to whom such party discloses Confidential Information of the other. Upon request of the Disclosing Party, the Receiving Party shall, at the Disclosing Party’s option, return or destroy (and certify to the Disclosing Party such destruction) the Disclosing Party’s Confidential Information in its care, custody, or control; provided, however, that the Receiving Party may retain Confidential Information as required by law or its document retention practices, or as retained in its backup systems in the ordinary course; provided further, that such retained information shall continue to be bound by the obligations set forth herein. 

Compelled Disclosure. If the Receiving Party or any of its representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by applicable law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights hereunder; and (b) provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s sole cost and expense, in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this section, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose.

Irreparable Harm. In addition to all other legal or equitable remedies to which a Disclosing Party may be entitled to enforce this section, both parties acknowledge that any violation of the confidentiality obligations in these Terms by the Receiving Party or its representatives would cause irreparable harm to the Disclosing Party and agree that the Disclosing Party shall be entitled to seek an immediate injunction or other equitable relief to prevent such violations without the necessity of posting bond.    

Limitation of Liability

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE INSTITUTE, 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, OR EXEMPLARY OR INDIRECT DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF THE COMPASS DASHBOARD OR DASHBOARD INFORMATION, 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, IN WHOLE OR IN PART, 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 COMPASS DASHBOARD, DASHBOARD INFORMATION, OR THESE TERMS, YOU AGREE THAT IN THAT CASE, TO THE EXTENT NOT COVERED BY THE LIMITATIONS OF LIABILITY ABOVE, AND 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 COMPASS DASHBOARD OR THE DASHBOARD INFORMATION 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 COMPASS DASHBOARD OR DASHBOARD INFORMATION AVAILABLE TO YOU. 

The provisions in this “Limitation of Liability” section will survive the termination of these Terms.    

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE INSTITUTE 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 COMPASS DASHBOARD OR DASHBOARD INFORMATION OR RELATED TO THE ACTIONS OR OMISSIONS OF ANY OF YOUR CONTRACTORS OR VENDORS. 

Disclaimer; No Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPASS DASHBOARD AND DASHBOARD INFORMATION IS AT YOUR OWN RISK, AND THAT THE COMPASS DASHBOARD AND DASHBOARD INFORMATION ARE 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 COMPASS DASHBOARD OR THE DASHBOARD INFORMATION WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, ERROR FREE, FREE FROM MALICIOUS OR HARMFUL CODE, OR THAT ANY OF THEM WILL MEET YOUR REQUIREMENTS.  

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 Compass Dashboard, any Dashboard Information, 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 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, the Compass Dashboard, or any Dashboard Information, 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 Compass Dashboard or Dashboard Information 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 Compass Dashboard or Dashboard Information available to you. This paragraph will survive the termination of these Terms. 

General Information

These Terms constitute the full and complete agreement between you and us concerning the Compass Dashboard and the Dashboard Information 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 info@dnsabuseinstitute.org. Idf you have questions about how to apply for access, please email us at support@dnsabuseinstitute.org.

Last Updated Date:  October 11, 2023

 

© 2022 Public Interest Registry. All rights reserved.