Qualified Facilitator Program Terms of Use

Version 1.0 (June 2023)

These Terms of Use (“ToU”) for the Qualified Facilitator Program (“QFP”) describe the terms and conditions that govern your use of the American Registry for Internet Numbers, Ltd.’s (“ARIN”) Qualified Facilitator Program. By accessing or using the QFP in any manner, including without limitation, as a holder of IPv4 or Autonomous System Number (ASN) resources, a potential recipient of IPv4 or Autonomous System Number (ASN) resources, or a Qualified Facilitator (collectively, “QFP Participant”), you accept and agree to these ToU.

Definitions

• “Entity” means an individual, a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization, or a government agency.
• “Qualified Facilitator” means an entity that has successfully completed the QFP qualification process and has been approved by ARIN to be listed as a Qualified Facilitator in the QFP to facilitate transfers of IPv4 or Autonomous System Number (ASN) resources.
• “QFP Participant” or “you” means an entity using the QFP.

Description

ARIN provides the QFP as a resource for the community to assist in identifying qualified facilitators engaged in brokering the transfer of IPv4 or Autonomous System Number (ASN) resources in accordance with ARIN’s Number Resource Policy. However, please note that the use of a facilitator is not required to request and complete a transfer of IPv4 or Autonomous System Number (ASN) resources.

No other use of the QFP is permitted unless specifically authorized in writing by ARIN.

Acceptance of Terms

ARIN provides the QFP to QFP Participant subject to these ToU. ARIN may update the ToU from time to time with or without notice by posting the revised ToU to the ARIN Website. By continuing to use the QFP after the revised ToU have been posted, you agree to accept the revised ToU. In addition, you will be subject to any additional guidelines, policies, or rules applicable to the QFP, including without limitation, the Web Account Terms of Service, that may be posted from time to time. All such guidelines, policies, or rules are hereby incorporated herein by reference. These ToU do not replace, modify, diminish, or alter executed agreements that you may have with ARIN, including but not limited to a Registration Services Agreement, Legacy Registration Services Agreement, Non-Disclosure Agreement, Indemnification Agreement, Web Account Terms of Service, or Acceptable Use Policy Agreement (collectively, the “Contracts”).

ARIN reserves the unilateral right to modify, suspend, or discontinue the QFP, or any portion thereof, for any reason at any time, with or without notice. ARIN may also limit certain features and services, or restrict your access to parts or all of the QFP without notice or liability. QFP Participant agrees that ARIN shall not be liable to QFP Participant or any third party for any damages or losses, including without limitation incidental, consequential, or indirect damages under any legal theory whatsoever, related to QFP Participant’s use, or any modification, suspension, or discontinuance of the QFP. ARIN may also add additional features to the QFP. Unless explicitly stated otherwise, any amended or new features of the QFP shall be subject to these ToU once the QFP is used in any way by QFP Participant after the change.

General Disclaimer

While ARIN requires Qualified Facilitators to undergo and successfully complete an application process, ARIN does not represent, guarantee, or endorse the accuracy, reliability, or effectiveness of any Qualified Facilitator. ARIN will not be liable to you or any other person as a result of your use of the QFP, or your participation, engagement, or interactions with a Qualified Facilitator or other QFP Participant. You acknowledge and agree that your use of the QFP; your reliance upon any opinion, statement, advice, information, or direction provided to you by a Qualified Facilitator; or any action taken on your behalf by a Qualified Facilitator; shall be at your sole risk.

Conditions for Participation

QFP Participant must:

• Be legally competent to enter into this agreement;
• Be current on all account balances owed to ARIN;
• Be a legally registered entity within the ARIN service region; and
• Comply with ARIN’s policies.

Prohibited Conduct

QFP Participant must only use the QFP and the content therein for the purposes intended by the QFP. QFP Participant must not use or attempt to use the QFP or any of its content to engage in fraudulent or unethical activities. QFP Participant may not be a member of the ARIN or any other Regional Internet Registry staff.

DISCLAIMER OF WARRANTIES

QFP PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT: THE QFP PARTICIPANT’S PARTICIPATION IN THE QFP IS AT THE QFP PARTICIPANT’S SOLE DISCRETION AND RISK. ARIN PROVIDES THE QFP “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ARIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARIN FURTHER DOES NOT WARRANT THAT THE QFP, OR ANY INFORMATION, TOOLS, OR SERVICES OFFERED ON THE QFP OR IN CONNECTION WITH THE QFP, WILL MEET THE QFP PARTICIPANT’S REQUIREMENTS, WILL BE SUCCESSFUL IN SECURING A TRANSFER, WILL BE ACCURATE, COMPLETE, OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE, OR CURRENT RESULTS; THAT OPERATION OF THE QFP OR ANY INFORMATION, TOOLS, OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS IN THE QFP WILL BE CORRECTED. ARIN DOES NOT REPRESENT OR WARRANT THAT ANY DATA OR INFORMATION TRANSMITTED WILL BE SECURE, AVAILABLE, OR PRESERVED. ARIN DOES NOT REPRESENT OR WARRANT THAT THE QFP WILL CONTINUE TO BE OFFERED. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE QFP IS ACCESSED AT THE QFP PARTICIPANT’S OWN DISCRETION AND RISK, AND THE QFP PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE QFP PARTICIPANT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY QFP PARTICIPANT FROM ARIN OR THROUGH OR FROM THE QFP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

QFP PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL ARIN BE LIABLE TO THE QFP PARTICIPANT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ARIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR FOR ANY DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE QFP OR ITS CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE QFP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE QFP PARTICIPANT’S TRANSMISSIONS, DATA, OR ACCOUNT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE QFP OR ITS CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE QFP.

Termination

QFP Participant agrees that ARIN may, with or without prior notice, terminate the QFP or access thereto. Cause for such termination shall include, but not be limited to (i) breaches or violations of the QFP ToU or other incorporated agreements, policies, or guidelines; (ii) a request by a law enforcement or other government agency within the ARIN region; (iii) discontinuance or material modification to the QFP (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity by the QFP Participant; (vi) termination of any Contracts between the QFP Participant and ARIN; (vii) use of the QFP in violation of the terms of any Contracts to which the QFP Participant is a party; and/or (viii) engagement by the QFP Participant in fraudulent or illegal activities. Such termination may include, without limitation, (a) removal of access to all offerings within the QFP, and (b) barring of further use of the QFP. Further, QFP Participant agrees that all terminations for cause shall be made in ARIN’s sole discretion and that ARIN shall not be liable to QFP Participant or any third party for any termination or access to the QFP.

Violations

Any actual or potential violations of the ToU shall be reported to [email protected].

No Agency

No QFP Participant shall be deemed to be an agent of ARIN for any purpose or in any sense, as a result of any action, transaction or activity, under or in any way related to the QFP or the ToU.

Separability

In the event that any term or provision in these ToU is, for any reason, found to be invalid, illegal, or unenforceable, ARIN, in its sole discretion, shall have the right to immediately, and without notice, either terminate the ToU or modify such term or provision.

No Waiver

No delay, failure, or omission by ARIN to exercise any right under these ToU will operate as a bar or waiver of that right or any other right, or operate as an estoppel to future exercise of that right.

Governing Law, Jurisdiction, and Venue

This Agreement and the parties’ performance under it shall be governed in all respects by, and construed in accordance with, the laws of the Commonwealth of Virginia and, as applicable, the United States of America. In the event of any dispute regarding any term or condition or provision or performance or conduct arising out of or relating to this Agreement, the parties each agree to first seek resolution through cooperative settlement negotiations involving themselves or their representatives as they each deem appropriate; and, second, in the event cooperative settlement negotiations are not successful after thirty (30) days, the parties agree to submit any unresolved dispute(s) to binding and final arbitration for resolution. Such arbitration shall be held in Fairfax County, Virginia, in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. A single arbiter shall be selected by the parties by striking in turn from a list of arbiters supplied by the AAA. Each party shall bear their own attorneys’ fees, and the initiating party shall initially bear the costs of the arbitration’s expenses. Virginia law shall be controlling. Any judgment upon the award rendered pursuant to the arbitration proceeding may be entered in any court having competent jurisdiction. The Arbitrator may reallocate the costs of the arbitration’s expense between the parties, but it may not reallocate legal fees incurred by the parties. The Arbitrator is permitted to assess all arbitration costs, including any legal fees incurred by the parties, against any party that has acted in bad faith during the proceeding.

Entire Agreement

These ToU, the Web Account Terms of Service, and any additional terms of service associated with any of QFP constitute the entire agreement between QFP Participant and ARIN regarding QFP Participant’s use of the QFP, superseding any prior terms of service agreements or understandings (written or oral) between the QFP Participant and ARIN with respect to the QFP. The QFP Participant also may be subject to additional terms and conditions that may apply when the QFP Participant uses, engages, or contracts certain other ARIN services, affiliate services, third-party material, or third-party software.

The ToU is in the English language only, and any version in any other language shall be as an accommodation only and not binding. Any and all communication under this ToU shall be in English.