A. Introduction. This RADb Maintainer Object Agreement ("RADb Agreement") is submitted to MERIT NETWORK, INC. ("Merit") for the purpose of registering a maintainer object in the RADb ("Service"), Merit's Internet Routing Registry database. With the submission of this RADb Agreement to Merit, the submitting organization ("Maintainer") agrees to be bound by the terms of this RADb Agreement. With the acceptance of this RADb Agreement, Merit agrees to create a maintainer object in the RADb enabling the Maintainer to interact directly with the RADb for the purpose of adding, deleting, and updating database objects.
B. Service Provided. Merit will provide access to the Service which includes access to the IRR database as well as tools to manage maintainer and routing objects. Support is provided via email (firstname.lastname@example.org) 24 hours a day, 7 days a week. Consulting services, including network design review and auditing, are available for an additional fee and can be requested through the normal support channels. Please note that consulting services are only available between 9:00am and 5:00pm Eastern Time (UTC -05:00), Monday through Friday, except holidays.
C. Fees, Term, and Payments. For-profit Maintainer agrees to pay a fee of Four Hundred Ninety Five United States Dollars (USD$495) for each maintainer object to be registered in the RADb. Non-profit Maintainer agrees to pay a fee of Three Hundred Ninety Five United States Dollars (USD$395) for each maintainer object to be registered in the RADb.
The non-refundable fee covers a period of one (1) year for each maintainer object requested. Maintainer objects must be renewed annually to ensure uninterrupted service. Annual renewals of maintainer objects will be the sole responsibility of Maintainer. Maintainer objects not renewed within forty-five (45) days of the annual renewal date will be deleted from the RADb.
D. Limitation of Liability. Maintainer agrees that Merit shall have no liability to the Maintainer for any loss Maintainer may incur in connection with Merit's processing of this RADb Agreement, with failure to renew maintainer objects within the annual renewal period, or with unexpected failure of any RADb hardware or software. Further, Maintainer agrees that Merit shall have no liability to the Maintainer in the event of a security breach or similar damage to system or data integrity.
E. Indemnity. Maintainer agrees, in the event the RADb Agreement is accepted by Merit, to indemnify and hold Merit, and its parent organization, The University of Michigan, harmless pursuant to the terms and conditions of this RADb Agreement.
F. Breach. Maintainer agrees that failure to abide by any provision of this RADb Agreement may be considered by Merit to be a material breach and that Merit may provide a written notice, describing the breach, to the Maintainer. If, within thirty (30) days of the date of mailing such notice, the Maintainer fails to provide evidence, which is reasonably satisfactory to Merit, that it has not breached its obligations, then Merit may delete Maintainer's RADb objects. Any such breach by a Maintainer shall not be deemed to be excused simply because Merit did not act earlier in response to that, or any other, breach by the Maintainer.
G. No Guarantee. While it is the intent of Merit to maintain a stable database, Maintainer agrees that Merit cannot guarantee response time for processing of requests, failure of hardware or software, or overall quality of service with respect to the RADb. This RADb Agreement conveys to Maintainer the right and authority to interact with the RADb without assigning more than best effort responsibilities to Merit for making the RADb available.
H. Warranty. Maintainer warrants by submitting this RADb Agreement that, to the best of Maintainer's knowledge and belief, the information submitted herein is true and correct, and that any future changes to this information will be provided to Merit in a timely manner according to the information modification procedures in place at that time. Breach of this warranty will constitute a material breach.
I. Revocation. Maintainer agrees that Merit may delete a Maintainer's RADb objects if this RADb Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information Merit would likely consider material to its decision to approve this RADb Agreement.
J. Right of Refusal. Merit, in its sole discretion, reserves the right to refuse to approve the RADb Agreement for any Maintainer. Maintainer agrees that the submission of this RADb Agreement does not obligate Merit to accept this RADb Agreement. Maintainer agrees that Merit shall not be liable for loss or damages that may result from Merit's refusal to accept this RADb Agreement.
K. Severability. Maintainer agrees that the terms of this RADb Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.
L. Entirety. Maintainer agrees that this RADb Agreement is the complete and exclusive agreement between Maintainer and Merit regarding the maintenance of Maintainer's RADb objects. This RADb Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
M. Governing Law. Maintainer agrees that this RADb Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Michigan, United States of America.
N. Acceptable Use Policy. The RADb and related services may not be used in a manner that precludes or significantly hampers use of the service by others. Mirroring is only allowed by other routing registries. If Merit learns of possible inappropriate use, Merit staff will notify the Maintainer responsible, who must take immediate remedial action and inform Merit of its action. If action is not taken Merit will revoke Maintainer access to the Service and delete Maintainer's RADb objects.
O. Acceptance. This is RADb Agreement Version Number 5.0. By completing and submitting this RADb Agreement for consideration and acceptance by Merit, the Maintainer agrees that he/she has read and agrees to be bound by A through N above.
END OF AGREEMENT