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Registration Restrictions
1. Overview. The following types of registrations within the
.pro top-level domain (TLD) are available to qualified persons and entities:
Registered Names (i.e. domain names), Premium Intellectual Property Defensive
Registrations, Basic Intellectual Property Defensive Registrations, and
Standard Defensive Registrations.
Registered Names are restricted to persons and entities that are credentialed
by appropriate entities (such as through governmental bodies and professional
organizations) to provide professional services within a stated geographic
region (a "Licensing Jurisdiction"). Premium and Basic Intellectual
Property Defensive Registrations (collectively, "Intellectual Property
Defensive Registrations"), as described in section C.2.5 of Appendix
C, are restricted to trademark or service mark holders with valid and
enforceable trademark or service mark registrations of national effect
that are issued prior to September 30, 2002. Standard Defensive Registrations
are restricted to persons and entities that are credentialed by appropriate
entities to provide professional services (as described in Section 5 of
this Appendix L)." For the purposes of this Appendix L, "Defensive
Registrations" refers collectively to Intellectual Property Defensive
Registrations and Standard Intellectual Property Registrations.
The .pro TLD is organized into profession-specific second-level domains
(PS-SLDs), which will be introduced in a phased manner. Registrants of
Registered Names and Defensive Registrations in the .pro TLD will be required
to certify that they meet the qualifications set forth in this Appendix
L. Qualifications for registration of Registered Names will be verified
and periodically re-verified, and will be signified by digital credentials
recorded in the registry database. Qualifications for Defensive Registrations
will be subject to verification and re-verification only where deemed
appropriate by the Registry Operator. They will not be subject to digital-credential
requirements. Qualifications for both Registered Names and Defensive Registrations,
however, will be subject to challenge under the Qualification Challenge
Policy described in Appendix M.
Because the eligibility for Registered Names within .pro will be verified,
they may only be registered by persons or entities that are licensed or
credentialed to provide professional services in the profession for which
the PS-SLD was established and within a Licensing Jurisdiction for which
a Verification Process (as defined in Subsection 8.2 or 8.3 of this Appendix
L) has been established. Persons or entities that are licensed or accredited
to provide professional services within one of the existing PS-SLDs may
register for Defensive Registrations, even though the jurisdiction in
which they are licensed or accredited is not a Licensing Jurisdiction
for which a Verification Process has been established. In the event that
a Verification Process is established in a Licensing Jurisdiction in which
a Defensive Registrant is located, the Defensive Registrant may apply
for a domain name in the PS-SLD.
The Registry Operator will operate the .pro TLD and its PS-SLDs in consultation
with an Advisory Board and constituent PS-SLD Advisory Boards it will
form.
This Appendix describes the naming conventions used in the .pro TLD, the
registration requirements for first-phase PS-SLDs, the procedure for establishing
subsequent-phase PS-SLDs, the requirements for and blocking effect of
Defensive Registrations, the consultative process for ongoing review and
adjustment of registration restrictions, the verification procedure, and
the requirements for digital credentials.
2. Naming Conventions.
2.1 Registered Names. Registered Names in
the .pro TLD will be registered (other than to the Registry Operator
or according to ICANN instructions-see Appendices X and K) at the third
level, in the format <name>.<profession designator>.pro.
2.2 PS-SLD Labels. The second-level labels
used to designate the various professions will be assigned according
to Sections 3, 4, and 6 of this Appendix L.
2.3 Naming Restrictions in Other Parts of the
Registry Agreement. All Registered Names must meet the requirements
in the Registry Agreement and its appendices. Relevant appendices include
Appendix C (Functional Specifications), Appendix F (Registry-Registrar
Agreement), Appendix J (Start-Up Plan), Appendix K (Names Reserved from
Registration), this Appendix L, Appendix M (Enforcement of Registration
Restrictions), and Appendix X (Names Registered to Registry Operator).
2.4 Prohibited Third-Level Labels. The following
words and strings may not be registered as third-level labels for Registered
Names: av, ca, cca, cert, certificate, dir, directory, email, grpa,
http, mail, mx, mx[followed by a number from 0 to 100], ns, ns[followed
by a number from 0 to 100], pro, registrypro, verify, verification,
wap, www and www[followed by a number from 0 to 100]. However, names
having third-level labels that include any of the foregoing words and
strings may be registered, such as dirksen.med.pro.
2.5 Enforcement. The Registry Operator shall
implement technical measures reasonably calculated to enforce the requirements
in this Section 2 of this Appendix L.
2.6 Possible Future Allowance of Second-Level
Registrations. Some registrants (particularly professionals in some
jurisdictions that do not semantically correspond to the designated
PS-SLD abbreviations) may prefer to use a domain name that has only
two levels (www.xxx.pro rather than www.xxx.law.pro). In the future,
the Registry Operator may propose to give .pro registrants the option
of registering for two-level domain names directly in the .pro TLD (subject
to the list of restricted domain names in Appendices K and X and in
compliance with the registration policies, processes and requirements
in this Appendix L and Appendices J and M); these domain names would
be distinguished by professional category by being directly routed to
matching Registered Names in the applicable PS-SLD. Any proposal by
the Registry Operator under this Subsection 2.6 must be made in writing
to ICANN and will be subject to ICANN's written approval. In determining
whether to give approval, ICANN will consider any recommendations of
the Advisory Board as contemplated in Subsection 6.1.2.4 of this Appendix
L. If ICANN does not act on a proposal within ninety days, it will report
in writing to the Registry Operator on the status of its consideration.
2.7 Defensive Registrations. Each Premium
Intellectual Property Defensive Registration is defined according to
a single label (i.e. "smith" in "smith.<profession
designator>.pro") and the domain names that would result from
appending every PS-SLD and ".pro" to the defensively registered
label must meet the requirements of Sections 2.1 to 2.5 of this Appendix
L. Each Basic Intellectual Property Defensive Registrations and Standard
Defensive Registrations is defined by a domain name in a particular
PS-SLD; the name subject to the Defensive Registration must meet the
requirements of Sections 2.1 to 2.5.
3. First-Phase PS-SLDs. The following professional
categories will be offered for registration of Registered Names during
the initial roll-out of the .pro TLD:
3.1 Legal.
3.1.1 Basic scope. The legal category
includes credentialed providers of legal and law-related services
(including companies employing such providers). Examples are lawyers,
judges, barristers, legal clinics, legal associations, law firms,
counsel for or legal divisions of other organizations, and legal publishers.
3.1.2 SLD codes. At introduction, the
following SLD labels are authorized to be used for the legal profession
PS-SLD: .law.pro, .avocat.pro, .bar.pro, .recht.pro, and .jur.pro.
Additional SLD labels may be introduced through the consultation,
notification, and approval process described in Subsection 4.5 of
this Appendix L.
3.1.3 Registration Qualifications. The
following qualifications will be initially required for Registered
Names (i.e. domain names) within the legal profession PS-SLD:
3.1.3.1 Admission or licensing by,
and good standing with, a certification body or jurisdictional licensing
entity, such as a United States state bar or provincial or territorial
Law Societies in Canada;
3.1.3.2 Admission to a judicial system,
which allows the registering party to represent clients before such
judiciary, such as the status of a barrister in the United Kingdom;
3.1.3.3 Membership in a relevant legal
association which requires that its members be licensed or admitted
to a certifying or licensing entity (such as the Hong Kong Law Society
for solicitors) and regularly verifies the accuracy of its data);
or
3.1.3.4 Formation as an entity or
organization, or a unit of a larger organization that provides legal
services or is organized for such a purpose, and/or has a significant
portion of professional employees or members who satisfy one of
the above criteria, and registers on behalf of such entity or organization.
The above list of qualifications, however, is subject to change
by the Registry Operator in consultation with the Advisory Board once
it is established, provided that the qualifications reasonably ensure
conformity with the basic scope defined in Subsection 3.1.1 of this
Appendix L.
3.1.4 Verification. Qualification of applicants
for Registered Names within the legal profession PS-SLD will be verified
according to the Verification Process described in Section 8 of this
Appendix L. Verification of a registrant's qualifications for a Registered
Name within the legal profession PS-SLD will be conducted through
a verification process that is applicable to the Licensing Jurisdiction
for which the registrant certifies that he, she, or it is licensed
or accredited to provide professional services.
3.2 Medical.
3.2.1 Basic scope. The medical category
includes credentialed providers of medical and health-related services
(including companies employing such providers). Examples are doctors,
hospitals, health clinics, medical associations, medical professionals
at, or medical departments of, other organizations, and medical publishers.
3.2.2 SLD codes. At introduction, the
following SLD label is authorized to be used for the medical profession
PS-SLD: .med.pro. Additional SLD labels may be introduced through
the consultation, notification, and approval process described in
Subsection 4.5 of this Appendix L.
3.2.3 Registration Qualifications. The
following qualifications will be initially required for Registered
Names (i.e. domain names) within the medical profession PS-SLD:
3.2.3.1 Admission or licensing by,
and good standing with, a licensing or certification body, such
as a local medical association in Germany or by a provincial or
territorial licensing authority in Canada;
3.2.3.2 Holding of a certificate from
an appropriate medical specialty board such as a Member Board of
the American Board of American Specialties or Canadian Medical Register
or an appropriate government authority to practice medicine and/or
prescribe medicine;
3.2.3.3 Admitting privileges to a
hospital;
3.2.3.4 Membership in a relevant professional
association which requires that its members be licensed or admitted
to a certifying or licensing entity and regularly verifies the accuracy
of its licensing data; or
3.2.3.5 Formation as an entity or
organization, or a unit of a larger organization that provides health-related
services or is organized for such a purpose, and/or has a significant
portion of professional employees or members who satisfy one of
the above criteria, and registers on behalf of such entity or organization.
The above list of qualifications, however, is subject to change by
the Registry Operator in consultation with the Advisory Board once
it is established, provided that the qualifications reasonably ensure
conformity with the basic scope defined in Subsection 3.2.1 of this
Appendix L.
3.2.4 Verification. Qualification of applicants
for Registered Names within the medical profession PS-SLD will be
verified according to the process described in Section 8 of this Appendix
L. Verification of a registrant's qualifications for a Registered
Name within the medical profession PS-SLD will be conducted through
a Verification Process that is applicable to the Licensing Jurisdiction
for which the registrant certifies that he, she, or it is licensed
or accredited to provide professional services.
3.3 Accountancy.
3.3.1 Basic scope. The accounting category
includes credentialed providers of accounting and accountancy-related
services (including companies employing such providers). Examples
are certified public accountants, chartered accounts, accounting firms,
accounting associations, accounting departments of other organizations,
and accounting publications and publishers.
3.3.2 SLD codes. At introduction, the
following SLD labels are authorized to be used for the accountancy
profession PS-SLD: .cpa.pro, .aaa.pro., aca.pro, .acct.pro. Additional
SLD labels may be introduced through the consultation, notification,
and approval process described in Subsection 4.5 of this Appendix
L.
3.3.3 Registration Qualifications. The
following qualifications will be initially required for Registered
Names (i.e. domain names) within the accountancy profession PS-SLD:
3.3.3.1 Admission or licensing by,
and good standing with, a certification body, such as the Hong Kong
Society of Accountants;
3.3.3.2 Holding a license to prepare
and sign clients' tax returns;
3.3.3.3 Membership in a professional
association which requires that its members be licensed or admitted
to a certifying or licensing entity and regularly verifies the accuracy
of its licensing data (such as the Hong Kong Law Society for barristers)
; or
3.3.3.4 Formation as an entity or
organization, or a unit of a larger organization that provides accountancy-related
services or is organized for such a purpose, and/or has a significant
portion of professional employees or members who satisfy one of
the above criteria, and registers on behalf of such entity or organization.
The above list of qualifications, however, is subject to change by
the Registry Operator in consultation with the Advisory Board once
it is established, provided that the qualifications reasonably ensure
conformity with the basic scope defined in Subsection 3.3.1 of this
Appendix L.
3.3.4 Verification. Qualification of applicants
for Registered Names within the accountancy profession PS-SLD will
be verified according to the process described in Section 8 of this
Appendix L. Verification of a registrant's qualifications for a Registered
Name within the accountancy profession PS-SLD will be conducted through
a Verification Process that is applicable to the Licensing Jurisdiction
for which the registrant certifies that he, she, or it is licensed
or accredited to provide professional services.
4. Subsequent-Phase PS-SLDs and Additional Labels
for PS-SLDs.
4.1 Proposal for Subsequent-Phase PS-SLD.
The Registry Operator may propose to ICANN the introduction of PS-SLDs
for additional professions. Before making the proposal, the Registry
Operator will consult with the Advisory Board. The proposal will be
submitted in writing to ICANN and will consist of the following:
4.1.1 A statement of the basic scope of
the proposed PS-SLD, including a statement of the definition of the
professional category to be served by the PS-SLD in a format similar
to the definition contained in Subsection 3.1.1 of this Appendix L.
4.1.2 An explanation of why the additional
PS-SLD is consistent with the overall development of .pro as a TLD
restricted to persons and entities that are credentialed by appropriate
entities (such as through governmental bodies and professional organizations)
to provide professional services.
4.1.3 A statement of the second-level
label(s) to be used under .pro to designate the PS-SLD, together with
an explanation of why the label(s) is an (are) appropriate designator(s).
4.1.4 A description of the registration
qualifications initially to be applied in the PS-SLD. (See Subsection
3.1.3 of this Appendix L for an example.)
4.1.5 A description of the procedures
for verification of qualifications, which may consist of a reference
to Section 8 of this Appendix L.
4.1.6 A start-up documentation package
describing the arrangements for start-up of the PS-SLD, including
the proposed schedule, details on any sunrise period, and details
on registrar training.
4.1.7 A description of any Sub-Advisory
Board proposed to be established for the PS-SLD, including a statement
of the procedures for selecting members of the Sub-Advisory Board
and, if available, a listing of its proposed initial members. If the
Advisory Board has not yet become large enough to be sub-divided,
the proposal shall include a listing of the members representing the
PS-SLD to be invited to join the Advisory Board.
4.1.8 Evidence of support for establishment
of the PS-SLD among professionals and their associations, both generally
and within the professional category.
4.1.9 A written statement of views by
the Advisory Board, including any minority or supplemental statements.
4.2 Evaluation of Proposal for Subsequent-Phase
PS-SLD. ICANN's evaluation of the proposal will include at least
the following considerations:
4.2.1 The extent to which the proposed
PS-SLD is consistent with the overall development of .pro as a TLD
restricted to persons and entities that are credentialed by appropriate
entities (such as through governmental bodies and professional organizations)
to provide professional services.
4.2.2 The extent to which qualifications
can be fairly and consistently applied.
4.2.3 The extent of support among professionals
generally and specifically within the professional category.
4.2.4 The adequacy of the Advisory Board
and any proposed Sub-Advisory Board to provide advice from the viewpoint
of the professional category on the operation of the PS-SLD.
4.3 Approval of Subsequent-Phase PS-SLD. To
become effective, the proposal must be approved in writing by ICANN,
provided that in the event the proposal is submitted with a resolution
of support approved by a majority vote of the Advisory Board then the
proposal shall be deemed approved by ICANN unless ICANN provides the
Registry Operator written notice of its objection to the proposal within
sixty days after the proposal's submission to ICANN. If ICANN does not
act on a proposal of the Registry Operator under Subsection 4.1 of this
Appendix L within ninety days, it will provide the Registry Operator
a written report on the status of its consideration.
4.4 Changes to Registration Qualifications for
Subsequent-Phase PS-SLD. Qualifications for registration in subsequent-phase
PS-SLDs are subject to change by the Registry Operator in consultation
with the Advisory Board (or, where there is a Sub-Advisory Board in
operation for the PS-SLD, in consultation with that Sub-Advisory Board),
provided that the qualifications reasonably ensure conformity with the
basic scope approved by ICANN under Subsection 4.2 of this Appendix
L.
4.5. Additional Labels for PS-SLDs. The Registry
Operator may propose additional second-level labels to be used in connection
with any already-established PS-SLD. These labels may indicate, for
example, a professional sub-category within the launched professional
sector (such as .nurse.pro for registered nurses) or a label signifying
the profession or professional subcategory in an additional language
(such as .avocat.pro for lawyers in France).
Before making the proposal, the Registry Operator will consult with
the Advisory Board and, if one is in operation, the Sub-Advisory Board
for the PS-SLD involved. The proposal will be submitted in writing to
ICANN and will include an explanation of the reasons supporting the
proposal and copies of any written comments (including any minority
or supplemental statements) of the Advisory Board or Sub-Advisory Board
on the proposal. To become effective, the proposal must be approved
in writing by ICANN, provided that in the event the proposal is submitted
with a resolution of support approved by a majority vote of the Advisory
Board (or, where there is a Sub-Advisory Board in operation for the
PS-SLD, approved by a majority vote of the Sub-Advisory Board) then
the proposal shall be deemed approved by ICANN unless ICANN provides
the Registry Operator written notice of its objection to the proposal
within thirty days after the proposal's submission to ICANN. If ICANN
does not act on a proposal of the Registry Operator under this Subsection
4.5 within sixty days, it will provide the Registry Operator a written
report on the status of its consideration.
5. Defensive Registrations.
5.1 Registration Qualifications. The qualifications
to register a Defensive Registration depend on the type of Defensive
Registration:
5.1.1 Intellectual Property Defensive Registrations.
Premium Intellectual Property Registrations and Basic Intellectual
Property Defensive Registrations may be registered only by the owner
of an eligible trademark or service mark registration. To be eligible,
a trademark or service mark must be currently registered with national
effect, and must have been registered or before 30 September 2002.
Trademark or service mark registrations from the supplemental or equivalent
registry of any country, or from individual states or provinces of
a nation, will not be accepted. The label that defines a Premium Intellectual
Property Defensive Registration (e.g., "smith"), as well
as the third-level label of a Basic Intellectual Property Defensive
Registration (e.g., "smith" in <smith.law.pro>) must
be identical to the textual or word elements, using ASCII characters
only, of the registered trademark or service mark. If a trademark
or service mark registration incorporates design elements, the ASCII
character portion of that mark may qualify to be an Intellectual Property
Defensive Registration.
Where there is a space between the textual elements of a registered
trademark or service mark, the registrant may elect at its discretion
to replace the space with a hyphen or combine the elements together
to form a continuous string. Where there are multiple spaces between
three or more textual elements of a registered mark, the foregoing
sentence applies to each such space. Thus, for example, the registered
mark "Sample Mark" could be registered as either or both
of the following Intellectual Property Defensive Registrations:
samplemark.<ps-sld>.pro
sample-mark.<ps-sld>.pro
5.1.2 Standard Defensive Registrations.
Only a person or entity that meets the requirements for registering
a Registered Name in a PS-SLD may obtain a Standard Defensive Registration
within that PS-SLD.
5.2 Self-Representation of Eligibility; Provision
of Supporting Information. At the time of initial or renewal registration
of a Defensive Registration, the Defensive Registrant must represent
and warrant that he, she, or it meets the registration requirements
of the Defensive Registration, according to Subsection 7.1.1 of this
Appendix L. As part of the registration process, Defensive Registrants
must also provide information concerning their qualifications according
to Subsection 7.2 of this Appendix L.
5.3 Verification of Defensive Registration Qualifications.
If a Standard Defensive Registrant relies, for its eligibility, on a
professional credential for a Licensing Jurisdiction for which a Verification
Process has been established under Subsection 8.2 or 8.3 of this Appendix
L, then the Standard Defensive Registrant's qualifications will be verified
according to such a Verification Process before the Standard Defensive
Registration is made. Otherwise, neither the Registry Operator nor the
ICANN-Accredited Registrars will review the information provided by
a Defensive Registrant prior to registering the Defensive Registration.
In the event a Standard Defensive Registration is made based on a credential
in a Licensing Jurisdiction for which a Verification Process has not
then been established under Subsection 8.2 or 8.3 of this Appendix L,
but a Verification Process is later established, then the Registry Operator
may at its discretion require that the Standard Defensive Registrant's
qualifications be verified as a condition to continuance of the Standard
Defensive Registration.
5.4 Blocking Effect of Defensive Registrations.
5.4.1 Premium Intellectual Property Defensive
Registrations. A Premium Intellectual Property Defensive Registration
blocks the registration in any PS-SLD (whether established at the
time of the registration of the Premium Intellectual Property Defensive
Registration or afterward) of Registered Names and Defensive Registrations
having the exact third-level DNS label specified by the Premium Intellectual
Property Registration. Thus, for example, a Premium Defensive Registration
for smith.<any ps-sld>.pro will prevent a third party from registering
smith.med.pro or smith.law.pro.
5.4.2 Basic Intellectual Property Defensive
Registrations and Standard Defensive Registrations. Basic Intellectual
Property Defensive Registrations and Standard Defensive Registrations
specify a fully qualified domain name, including the PS-SLD. The registration
of only that fully qualified name, as either a Registered Name or
Defensive Registration, is blocked. Registration of the same third-level
label in other PS-SLDs is not blocked. Thus, a Basic Intellectual
Property Defensive Registration or Standard Defensive Registration
for smith.law.pro will block registration (as a Registered Name or
Defensive Registration) of smith.law.pro, but will not block registration
of smith.med.pro.
5.4.3 Only Exact Strings Blocked. Defensive
Registrations block registrations only of the identical string. Registered
Names or Defensive Registrations that only partially match a Defensive
Registration will not be prevented. Thus, for example, a Premium Intellectual
Property Defensive Registration for example.<any ps-sld>.pro
will not block registration of examplestring.<any ps-sld>.pro
as a Registered Name or Defensive Registration.
5.5 Defensive Registrations Conflicting with Registered
Names Not Permitted. A Defensive Registration may not be registered
if a Registered Name (i.e. a domain name) is then registered that would
be blocked by the Defensive Registration according to Subsection 5.4
of this Appendix L. Thus, for example, if the Registered Name smith.med.pro
has been registered, then both a Premium Intellectual Property Defensive
Registration of "smith" and a Basic Intellectual Property
Defensive Registration of <smith.med.pro> would be prevented,
but a Basic Intellectual Property Defensive Registration of <smith.cpa.pro>
would be permitted.
5.6 Voluntary Cancellation or Consent by Defensive
Registrant.
5.6.1 A Defensive Registration may be
cancelled by the Defensive Registrant through the sponsoring registrar
at any time. Registry Operator will not refund registration fees in
the event of cancellation.
5.6.2 The Defensive Registrant may consent
to the registration of a Registered Name (i.e. a domain name) that
conflicts with a Defensive Registration it has registered, as follows:
5.6.2.1 Upon receiving a request for
consent from a person or entity seeking to register a Registered
Name that is blocked by the Defensive Registration, the Defensive
Registrant must grant or refuse such consent, in writing, within
five calendar days.
5.6.2.2 If a Defensive Registrant
fails to either grant or refuse consent as described in this Subsection
within five calendar days after receipt of the request, the Defensive
Registrant shall be deemed to have denied consent to the registration
of the Registered Name.
5.6.2.3 To be effective, consent must
be transmitted to both the person or entity seeking to register
the Registered Name and to the ICANN-Accredited Registrar that sponsors
the Defensive Registration.
5.6.2.4 The ICANN-Accredited Registrar
shall notify Registry Operator of the consent within three days
after receipt, using the appropriate protocol as developed by Registry
Operator.
5.6.2.5 The Defensive Registrant may
not accept any monetary or other remuneration for granting the consent
and will be required to provide a certified statement to that effect.
5.6.2.6 If a Defensive Registrant
consents to a domain name registration in accordance with this Subsection
5.6.2, then (i) the person or entity that obtained the consent will
be permitted to register the Registered Name upon meeting all other
requirements for registration and (ii) if the consent is granted
with respect to a Premium Intellectual Property Defensive Registration,
that Defensive Registration will continue in effect, but otherwise
the Defensive Registration will be cancelled without refund.
5.7 Conversion of Defensive Registrations to Registered
Names. Any Defensive Registrant may, by granting itself consent
under Subsection 5.6.2 of this Appendix L, seek to register any Registered
Name that would otherwise be blocked by the Defensive Registration.
All requirements for registration of the Registered Name will apply.
The effect on the Defensive Registration will be according to Subsection
5.6.2.6(ii) of this Appendix L.
6. Advisory Board and Sub-Advisory Boards.
6.1 Advisory Board.
6.1.1 The Registry Operator will, no later
than the Commencement-of-Service Date, create an Advisory Board to
contribute to the development and implementation of the new .pro TLD.
The Advisory Board will initially be composed of representatives of
professional associations that are representative of the legal, medical,
and accountancy professions. As more PS-SLDs are added to .pro, representatives
of professional associations in those professional categories will
be invited to join the Advisory Board. While the initial Advisory
Board is intended to be approximately 9 members, the Advisory Board
is likely to increase in size as new PS-SLDs are added.
6.1.2 The Advisory Board will meet (in
person or by telephone) no less frequently than quarterly. Its functions
include:
6.1.2.1 assistance in identifying relevant
professional associations;
6.1.2.2 help in identifying new PS-SLDs
and formulating review proposals for their establishment under Section
4 of this Appendix L;
6.1.2.3 help in formulating proposals
for establishment of and adjustment to registration restrictions
and verification procedures, including designation of professional
organizations as members of the RPGA, membership in which meets
particular registration requirements (see, for example, Subsection
3.3.3.3 of this Appendix L);
6.1.2.4 providing recommendations
on any proposal by the Registry Operator to introduce the option
of allowing registrants to register two-label .pro domain names
(such a proposal must be approved in writing by ICANN under Subsection
2.6 of this Appendix L);
6.1.2.5 providing recommendations
on the establishment or discontinuance of Sub-Advisory Boards according
to Subsection 6.2 of this Appendix L;
6.1.2.6 providing recommendations
on additional labels for PS-SLDs according to Subsection 4.5 of
this Appendix L; and
6.1.2.7 otherwise providing advice
to the Registry Operator on the policies on the operation of the
.pro TLD.
The Advisory Board will direct its recommendations to the management
of the Registry Operator; if the Advisory Board finds that the Registry
Operator's management is taking actions that will violate the restrictions
of the .pro TLD or its PS-SLDs, the Advisory Board may send written
notice of its recommendation regarding such action to the Registry
Operator's Board of Directors and to ICANN.
6.2 Sub-Advisory Boards.
6.2.1 The Registry Operator may propose
the establishment of a Sub-Advisory Board for a particular PS-SLD,
either at or after the time the PS-SLD is proposed for introduction.
In either case, the Registry Operator will first consult with the
Advisory Board. The proposal will be made in writing to ICANN and
will include a statement of the procedures for selecting members of
the Sub-Advisory Board and, if available, a listing of its proposed
initial members, as well as a written statement from the Advisory
Board of its views (including any minority or supplemental statements)
on the appropriateness of the Sub-Advisory Board.
6.2.2 The Registry Operator may also propose
to ICANN in writing the discontinuation of an existing Sub-Advisory
Board. A discontinuation proposal will be accompanied by statements
of views (including any minority or supplemental statements) of the
Advisory Board and the Sub-Advisory Board to be discontinued.
6.2.3 To become effective, a proposal
to establish or discontinue a Sub-Advisory Board must be approved
in writing by ICANN, provided that in the event the proposal is submitted
with a resolution of support approved by a majority vote of the Advisory
Board then the proposal shall be deemed approved by ICANN unless ICANN
provides the Registry Operator written notice of its objection to
the proposal within thirty days after the proposal's submission to
ICANN. If ICANN does not act on a proposal of the Registry Operator
under this Subsection 6.2.3 within sixty days, it will provide the
Registry Operator a written report on the status of its consideration.
6.2.4 Each Sub-Advisory Board will operate
in the same manner as the Advisory Board, except the Sub-Advisory
Board's scope of responsibility will be limited to the PS-SLD for
which it was established. The various Sub-Advisory Boards may act
in concert, between themselves or with the Advisory Board, from time
to time.
7. Registration Requirements.
7.1 Registration Agreement. All registrants
of Registered Names (i.e. domain names) and Defensive Registrations
in the .pro TLD must enter into an electronic or paper registration
agreement with the Authorized Registrar that sponsors their name within
the registry. (As used in this Appendix L, the term "Authorized
Registrar" refers to a registrar accredited by ICANN for the .pro
TLD that has entered into, and has currently in effect, the Registry-Registrar
Agreement (Appendix F).) The electronic or paper registration agreement
shall include (in addition to terms otherwise required in the Authorized
Registrar's Registrar Accreditation Agreement with ICANN) the following:
7.1.1 the registrant represents and warrants
that he, she, or it meets the registration requirements for, as the
case may be, (a) the Registered Name or Standard Defensive Registration
within the PS-SLD in which the Registered Name is being registered
or (b) the Intellectual Property Defensive Registration;
7.1.2 the registrant agrees to notify
the Authorized Registrar promptly of any change in circumstances that
causes the registrant no longer to meet the registration requirements
for, as the case may be, (a) the Registered Name or Standard Defensive
Registration within the PS-SLD in which the Registered Name is being
registered or (b) the Intellectual Property Defensive Registration;
7.1.3 in the case of a Registered Name
or Standard Defensive Registration, the registrant represents and
warrants that the registrant and qualification data (and, for a Registered
Name, other data required for the issuance of a digital certificate)
that he, she, or it is submitting is true and accurate;
7.1.4 the registrant agrees to provide
to the Authorized Registrar prompt corrections and updates to the
registrant's contact details throughout the term of the registration
,
7.1.5 in the case that the registration
is being made in the name of an organization or other entity, the
person acting on behalf of such organization or entity is authorized
to do so;
7.1.6 the registrant agrees to be subject
to and abide by the Sunrise Challenge Procedures, Qualification Challenge
Procedures (as set forth in Appendices J and M), and the UDRP; and
7.1.7 violation of any of the provisions
described in Subsections 7.1.1 through 7.1.6 of this Appendix L shall
be grounds for termination of the registration, without any refund
of fees to the registrant.
7.2 Provision of Registrant, Qualification, and
Other Data.
7.2.1 Data Required for Registered Names.
At the time of an initial or renewal registration of a Registered
Name (i.e. a domain name), the registrant will be required to provide
to the sponsoring registrar identity and contact information about
the registrant, data and supporting evidence about the registrant's
qualifications to register (see Section 8 of this Appendix L), and
other data required for issuance of a digital certificate, all as
specified by the Registry Operator's policies and procedures.
7.2.2 Data Required for Standard Defensive
Registrations. At the time of an initial or renewal registration
of a Standard Defensive Registration, the Defensive Registrant will
be required to provide to the sponsoring registrar identity and contact
information about the registrant as well as data and supporting evidence
about the registrant's qualifications to register (see Section 8 of
this Appendix L), all as specified by the Registry Operator's policies
and procedures.
7.2.3 Data Required for Intellectual Property
Defensive Registrations. At the time of an initial or renewal
registration of an Intellectual Property Defensive Registration, the
Defensive Registrant will be required to provide contact information,
including: name, e-mail address, postal address and telephone number,
for use in disputes relating to the Defensive Registration. The Intellectual
Property Defensive Registrant must also provide: (1) the name, in
ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued; (3) the country of registration;
and (4) the registration number or other comparable identifier used
by the registration authority.
8. Verification Process.
8.1 General Information. Authorized Registrars
shall enforce the registration restrictions described in this Appendix
L and shall verify all registrants' qualifications to register a Registered
Name in the applicable PS-SLD as a condition of registration. (The verification
requirement also applies to Standard Defensive Registrations based on
credentials from a Licensing Jurisdiction for which a Verification Process
has been established, but at its discretion the Registry Operator may
require verification of other Defensive Registrations.) Authorized Registrars
may either carry out the verification manually (as set forth in Subsection
8.2 of this Appendix L), have the Registry Operator conduct the verification
(as set forth in Subsections 8.2 or 8.3 of this Appendix L), or have
an association or other entity conduct the verification (but only if
such verification complies with the process set forth in Subsection
8.3 of this Appendix L) (each a "Verification Process"). These
verification procedures may be modified or supplemented by the procedures
described in Section 6 of this Appendix L.
8.2 Manual Registration Verification. The
Manual Verification will proceed as follows:
8.2.1 When an applicant applies for a .pro
domain name (or, where applicable under Subsection 8.1 of this Appendix
L, Standard Defensive Registration) through an Authorized Registrar,
the Qualifications Menu for the appropriate PS-SLD will appear in
a drop-down window in the Authorized Registrar's domain-name registration
system.
8.2.2 The applicant will be required to
check off one of the qualifications and provide supporting evidence
of such qualification to the Authorized Registrar in order to register
the requested domain name (or, where applicable under Subsection 8.1
of this Appendix L, Standard Defensive Registration).
8.2.3 The Authorized Registrar will be
required to comply with the following verification policies:
8.2.3.1 Obtain evidence of the applicable
restriction (e.g., copy of a certificate of passage of a U.S. state
bar exam) that demonstrates that the registrant is licensed or accredited
in the stated Licensing Jurisdiction (for example, if a registrant
claims to be a lawyer in New York, N.Y. USA, the registrant has
provided evidence of admission to the New York state bar);
8.2.3.2 Verify that the evidence submitted
meets the required qualifications for the PS-SLD (such as being
a type of evidence allowed in the qualification menu);
8.2.3.3 Compare the evidentiary information
to the information in the applicant's application to verify that
the evidence is representative of the particular applicant (e.g.,
does the name on the certificate match the applicant's name?);
8.2.3.4 Verify that the evidence is
a current, accurate, and true representation of the qualification;
8.2.3.5 Obtain certification of the
same from applicant;
8.2.3.6 Verify the registrant's identity
or in the case of domain name registrations, obtain information
required by a CCA for the issuance of a digital certificate or other
digital security products associated with such domain name (see
Section 9); and
8.2.3.7 Agree to indemnify the Registry
Operator against any challenges based on registrar's willful, negligent,
or other non-compliance with above policies.
8.2.4 The Authorized Registrar will confirm
to the Registry Operator receipt and verification of the evidence,
and the Registry Operator will process the registration.
8.2.5 The relevant qualification of the
registrant (basis of qualification, such as "medical license",
and jurisdiction such as "NY-USA") will be provided by the
Authorized Registrar to the Registry Operator and will appear in the
Registry Operator's Whois record of the domain name registration or
Standard Defensive Registration.
8.2.6 The Authorized Registrar will retain
the authoritative copy of the submitted and verified evidence for
the period stated in its Registrar Accreditation Agreement, will transfer
the evidence to a new repository in the event it ceases to be an Authorized
Registrar as also stated in its Registrar Accreditation Agreement,
and will also provide a copy to the Registry Operator.
8.2.7 In cases where the Registry Operator
is providing the Manual Verification service to the Authorized Registrar,
the Registry Operator will follow the process outlined in Subsections
8.2.2 - 8.2.6, except that the Registry Operator will provide the
notices to the Authorized Registrar where such notice would be required
from the Authorized Registrar to the Registry Operator and will retain
the authoritative copy of the submitted evidence.
8.3 Verification Toolkit. The Registry Operator
may offer Authorized Registrars the option to utilize verification services
provided by Registry Operator ("Verification Toolkit") or
by another entity to streamline the Verification Process. Since the
Verification Process will vary among Licensing Jurisdictions, the Verification
Toolkit may not cover all Licensing Jurisdictions. The procedure for
the Verification Toolkit or such other entity is as follows:
8.3.1 When an applicant applies for a .pro
domain name (or, where applicable under Subsection 8.1 of this Appendix
L, a Standard Defensive Registration) through an Authorized Registrar,
the Qualifications Menu for the appropriate PS-SLD and Licensing Jurisdiction
will appear in the Authorized Registrar's domain name registration
system. An Authorized Registrar offering domain names or Standard
Defensive Registrations in only one or a limited number of the PS-SLDs
or in one or a limited number of Licensing Jurisdictions may provide
a menu for only such PS-SLDs or Licensing Jurisdictions. An Authorized
Registrar that is using the Verification Toolkit may indicate in that
window the contact information for the Registry Operator. An Authorized
Registrar that is using only one of the qualification methods for
a PS-SLD is allowed to provide only that qualification in its registration
system (instead of a full Qualification Menu). The applicant will
be required to check off one of the qualifications and provide supporting
evidence of that qualification in a Licensing Jurisdiction in order
to register the requested domain name registration or Standard Defensive
Registration. The supporting information will be provided either directly
to the Registry Operator if the Authorized Registrar has included
direct contact information (as set forth above) or to the Authorized
Registrar. In the latter case, the Authorized Registrar will forward
the applicant's application and evidence of qualification to the Registry
Operator by electronic or other means.
8.3.1.1 In the case of domain name registrations,
the information provided to the Registry Operator shall include
data required by a CCA for the issuance of a digital certificate
or other digital security products associated with the domain name
(see Section 9).
8.3.2 The Verification Toolkit will verify
the registration application and qualification evidence under any
of the following methods:
8.3.2.1 The applicant's licensure or
accreditation will be checked with an appropriate credentialing
organization, association, or entity providing verification services.
8.3.2.2 For an applicant who is a member
of one of the associations in the RGPA (the RegistryPro Global Partnership
of Associations, a group of professional associations, the members
of which meet registration requirements as established according
to this Appendix L), the applicant will provide his, her, or its
membership identification in that association. The membership will
be checked against the RGPA network of organizations' databases
(and the name and identity of the applicant confirmed.)
8.3.3 The Registry Operator will notify
the Authorized Registrar upon completion of the verification.
8.3.4 The relevant qualification of the
registrant will appear in the Registry Operator's Whois record of
the domain-name registration or Standard Defensive Registration and
the authoritative copy of the evidence will be maintained by the Authorized
Registrar as required by its Registrar Accreditation Agreement.
8.3.5 The Verification Toolkit may be
amended from time to time to include additional or revised professional
categories, non-English abbreviations of professional categories,
and qualifications that can be verified through the Verification Toolkit,
provided that it performs a reasonably sound verification of the qualifications
that are required for registration in the PS-SLDs. In the event that
verification requirements or procedures are modified or supplemented,
the Registry Operator will update the Verification Toolkit on the
schedule specified in connection with the modification or supplementation,
and consistent with the requirements of the Registry-Registrar Agreement
(Appendix F).
8.3.6 Authorizing Toolkit Providers. Entities
other than the Registry Operator may provide toolkits with functionality
equivalent to the Verification Toolkit ("Competitor Verification
Toolkits"), provided that they meet the requirements of Subsections
8.3.1 to 8.3.5 of this Appendix L. Competitor Verification Toolkit
Providers must apply to the Registry Operator for approval.
8.3.6.1 Audits. Within a commercially
reasonable amount of time an independent third party auditor designated
by ICANN after consultation with the Registry Operator ("Independent
Verification Auditor") or, on terms (including price and protection
of trade secrets) approved by ICANN in writing where appropriate
services of such an independent third-party auditor are not readily
available, the Registry Operator (or a sub-contractor) will conduct
a review of the Competitor Verification Toolkit Provider to verify
that it complies with the .pro eligibility policies.
8.3.6.2 If the entity meets all required
criteria, the Registry Operator will promptly authorize it as a
Competitor Verification Toolkit Provider.
8.3.6.3 In the event that the entity
does not pass this audit, the entity will be informed as to the
reason it does not meet the criteria and be given the chance to
correct the flaw and re-apply at a later date.
8.3.7 From time to time, at least annually,
a compliance review will be conducted of the Competitor Verification
Toolkit Provider to ensure that it continues to meet these criteria.
The compliance review shall be performed by an Independent Verification
Auditor or, on terms (including price and protection of trade secrets)
approved by ICANN in writing where appropriate services of such an
independent third-party auditor are not readily available, the Registry
Operator or a sub-contractor.
8.3.8 Verification of Equal Treatment of Competitor
Verification Toolkit Providers. The Registry Operator shall apply
the same standards in an equal manner to all companies and other entities
(including itself) acting as Verification Toolkit Providers or seeking
to act as Verification Toolkit Providers. Among other aspects, this
equal-treatment requirement means that the Registry Operator must
ensure that Competitor Verification Toolkit Providers have equal access
to becoming or designating members of the RGPA. The Registry Operator
shall provide ICANN with access all documents requested by ICANN that
are reasonably calculated to be used by ICANN in verification that
this equal-treatment requirement has been met.
8.3.9 Insurance. All companies and other
entities (including Registry Operator) acting as Verification Toolkit
Providers shall maintain, from the date on which they are first approved
to provide Verification Toolkits and for the duration of their approval,
insurance from an insurance provider with an AM Best rating of "A"
or better covering at least all claims (whenever made) arising from,
in connection with, or related to the Verification Toolkit or any
service provided by the provider in connection with the Verification
Toolkit or its use. The insurance maintained by Competitor Verification
Toolkit Providers shall name Registry Operator as an additional insured.
The initially required minimum limits of the insurance shall be US$2,000,000
per occurrence and US$2,000,000 aggregate per policy year. Registry
Operator may alter those minimum required limits uniformly for all
Verification Toolkit Providers with ICANN's written consent by providing
at least ninety days written notice to all Verification Toolkit Providers.
(Any increase shall apply only to occurrences arising after the effective
date of the increase.) Competitor Verification Toolkit Providers shall
on Registry Operator's written request provide a copy of the insurance
policy(ies) to the Registry Operator. Registry Operator shall upon
ICANN's written request provide a copy of the insurance policy(ies)
to ICANN.
8.4 Continued Professional Standing. The Registry
Operator will require the Authorized Registrar sponsoring each .pro
Registered Name periodically to re-verify continued qualifications of
Registered Name Holders. (The re-verification requirement also applies
to Standard Defensive Registrations based on credentials from a Licensing
Jurisdiction for which a Verification Process has been established,
but at its discretion the Registry Operator may require re-verification
of other Defensive Registrations.) Periodic re-verification may proceed
under any of the methods described in Subsections 8.2 and 8.3 of this
Appendix L.
8.4.1 Under Manual Verification, each registrant's
qualification for the applicable PS-SLD must be verified on the anniversary
of the registration date.
8.4.2 In cases of Toolkit Verification
or Competitor Toolkit Verification, each registrant's qualification
for the applicable PS-SLD must be verified on the anniversary of the
registration date, using one of the methods allowed under Subsection
8.3.
8.4.3 At the time of Verification under
8.4.1 or 8.4.2, the information related to the issuance of the digital
certificate or other digital security product associated with such
domain name will be verified for continued accuracy.
8.4.4 A sponsoring Authorized Registrar
that finds through the periodic verification or otherwise that a Registered
Name Holder (or, where applicable under Subsection 8.4 of this Appendix
L, Standard Defensive Registrant) no longer qualifies for his, her,
or its registration within a PS-SLD (including the digital security
product requirements) must provide electronic and written notice to
the Registered Name Holder or Standard Defensive Registrant and to
the Registry Operator within seven days after such a finding.
8.4.5 A Competitor Verification Toolkit
Provider that finds through the periodic verification that a Registered
Name Holder (or, where applicable under Subsection 8.4 of this Appendix
L, Standard Defensive Registrant) no longer qualifies for his, her,
or its registration within a PS-SLD (including the digital security
product requirements) must provide electronic notice within seven
days to the Sponsoring Registrar, which shall provide notice to the
Registered Name Holder or Standard Defensive Registrant and to the
Registry Operator according to the first sentence of Subsection 8.4.4.
8.4.6 If the Registry Operator (a) finds
during a periodic verification process or is notified by an Authorized
Registrar (see Subsection 8.4.3 above) that a Registered Name Holder
no longer qualifies for a registration within a PS-SLD (including
the digital security requirements), or (b) is notified by an Authorized
Registrar of a reasonable basis to believe that any information in
the Registry Operator's Whois database regarding a .pro domain name
or a Defensive Registration that the Authroized Registrar is sponsoring
in the Registry is not accurate or reliable, the Registry Operator
will within a commercially reasonable time:
8.4.6.1 in the case of a domain name,
lock down the domain name of such registrant so that it cannot be
modified ("Registry Lock"). The Registry Operator will
send an e-mail notice to the Registered Name Holder (at the contact
e-mail address(es) shown in Whois) and the sponsoring Authorized
Registrar that Registry Lock has been placed.
8.4.6.2 in the case of a Defensive Registration,
give e-mail notice to the Defensive Registrant upon a finding or
notification as described in the first sentence of Subsection 8.4.6
of this Appendix L.
8.4.7 A Registered Name Holder or Defensive
Registrant who has been provided notice by a sponsoring Authorized
Registrar or the Registry Operator under Subsections 8.4.4 through
8.4.6 or 10.1.2 of this Appendix L will have fourteen days from the
date e-mail notice has been sent to provide accurate information or
otherwise respond to the finding set forth in the notice. The following
procedure will apply:
8.4.7.1 In the case of notice by a sponsoring
Authorized Registrar according to Subsection 8.4.4 or of inaccurate
Whois information , the Authorized Registrar will instruct the Registered
Name Holder or Defensive Registrant to direct his, her, or its response
to the sponsoring Authorized Registrar. If the Registered Name Holder
or Defensive Registrant does not update the information or respond
to the satisfaction of the sponsoring Authorized Registrar during
the fourteen-day period, or if the updated information does not
pass the Registrar's verification, the registration will be cancelled
and the Registered Name Holder or Defensive Registrant forfeits
all registration and associated fees.
8.4.7.2 In the case of notice by the
Registry Operator, the Registered Name Holder or Defensive Registrant
will be directed by the Registry Operator to send his, her, or its
response to the Registry Operator. If the Registered Name Holder
or Defensive Registrant does not update the information or respond
to the satisfaction of the Registry Operator during the fourteen-day
period, or if the updated information does not pass verification,
the registration will be cancelled and the Registered Name Holder
or Defensive Registrant forfeits all registration and associated
fees.
8.4.8 Periodic Verification Fees. There
may be a fee to the Registered Name Holder or Defensive Registrant
associated with a periodic verification, as determined by the sponsoring
Authorized Registrar. There may be a fee to the sponsoring Authorized
Registrar associated with a periodic verification performed with a
Verification Toolkit, as determined by the supplier of the toolkit.
9. Digital Credentials. To enhance the security
and trust of .pro domain names, the Registry Operator will require Authorized
Registrars to provide digital certificates and other digital security
services associated with each domain name.
9.1 Digital Credentials. Certificates serve
as digital credentials and can be used to secure websites, e-mail communication,
and other applications. Due to the unique nature of the .pro domain,
these digital credentials are intended to assure that the domain name
holder's identity has been verified and that the domain name holder
has been verified to meet the qualifications in accordance with the
guidelines described in this Appendix L. To ensure that all .pro digital
security services meet these criteria and that consumers can easily
establish a chain of trust, the Registry Operator will require that
all certificates issued in conjunction with a .pro domain name chain
back to a common certificate root, which will be administered by the
Registry Operator. Commercial certificate authorities ("CCAs")
that provide comparable services and comply with certificate issuing
policies defined by the Registry Operator will be permitted to create
certificate roots that chain back to the common .pro certificate root
and provide the associated digital security services.
9.2 CCA Protocol. Due to the significant trust
conveyed by the .pro digital security services, the Registry Operator
will require that CCAs comply with the following baseline certificate
issuing practices. This list is not intended to be comprehensive and
the Registry Operator may modify the requirements for the provision
of digital certificates and other digital security services in the future
upon sixty days prior written notice to the Authorized Registrars and
to ICANN. These requirements will apply equally to all providers (including
the Registry Operator) seeking to provide digital certificates chaining
back to the common .pro certificate root. Registry Operator's compliance
with this equality requirement will be subject to verification as provided
in Subsection 9.4 of this Appendix L.
9.2.1 CCAs must verify the identity of
the individual or organization requesting the certificate. Certain
trusted third parties may perform this function, provided that such
all parties comply with the verification guidelines issued by the
Registry Operator and certify they have done so to the Registry Operator.
9.2.2 For organizations, CCAs must verify
that the request for the certificate is appropriately authorized.
Certain trusted third parties may perform this function, provided
that such all parties comply with the verification guidelines issued
by the Registry Operator and certify they have done so to the Registry
Operator.
9.2.3 CCAs must perform independent call-backs
("out-of-band" communications) to the individual or organization
to validate certificate information.
9.2.4 CCAs will verify that the individual
or organization requesting the certificate meets the registration
requirements defined in this Appendix L. Certain trusted third parties
may perform this function, provided that such all parties comply with
the verification guidelines issued by the Registry Operator and certify
they have done so to the Registry Operator.
9.2.5 CCA initial key size will be at
least 1024 bits.
9.2.6 A trusted hardware device (FIPS
140-1 Level 3 certifiable) must be used to create, protect, and destroy
the CCAs' private keys.
9.2.7 CCAs must have a clear "certificate
policy", as defined by X.509 Amendment 1 to ISO/IEC 9594-8:1995.
9.2.8 CCAs must issue certificates complying
with the X.509 standard.
9.2.9 CCAs must be capable of issuing
both X.509 v1 and X.509 v3 type certificates.
9.2.10 CCAs must provide appropriate
warranties and indemnities in respect of certificate issuing/verification
and confirming credentials.
9.2.11 Upon notification from (a) the
Registry Operator that the .pro domain name associated with a certificate
is subject to a transfer request or has been transferred to another
registrant or has been deleted, or (b) the Registry Operator or a
trusted third party used to validate some of the requirements for
certificate issuance that those requirements are no longer met, the
CCA must revoke the certificate. The CCA must maintain a publicly
available revocation list, and must transmit its revocation list to
the Registry Operator at least daily, or such CCA may operate a real-time
server that maintains a continuously updated list of revoked certificates.
9.3 Issuing Certificates. CCAs meeting these
criteria may issue, manage and revoke certificates to .pro domain registrants.
CCAs cannot authorize any other party to issue .pro digital certificates,
although the certificates can be transmitted to the registrant either
by the CCA or by the sponsoring Authorized Registrar for the .pro domain
name associated with the certificate. CCAs desiring to issue .pro certificates
must apply to the Registry Operator for approval.
9.3.1 Audits. Within a commercially reasonable
amount of time, an independent third party auditor designated by ICANN
upon consultation with the Registry Operator that provides auditing
services in the digital security industry ("CCA Auditor")
will conduct a review of the CCA to verify that it complies with the
.pro certification policies.
9.3.2 If the auditor determines that the
CCA meets all required criteria, the Registry Operator will promptly
use the .pro CA root key to sign the CCA's key used for .pro certificates.
9.3.3 In the event that the CCA does not
pass this audit, the CCA will be informed as to the reason it does
not meet the criteria and be given the chance to correct the flaw
and re-apply at a later date.
9.3.4 From time to time, at least annually,
a CCA Auditor will conduct a review of the CCA to ensure that it continues
to meet this criteria.
9.4 Verification of Equal Treatment of CCAs.
The Registry Operator shall apply the same standards in an equal manner
to all companies (including itself) acting as CCAs or seeking to act
as CCAs. The Registry Operator shall provide ICANN with access all documents
requested by ICANN that are reasonably calculated to be used by ICANN
in verification that this requirement has been met.
9.5 Chaining Fee. The Registry Operator may
charge sponsoring Accredited Registrars a chaining fee associated with
each certificate to cover administrative, licensing and associated costs
born by the Registry Operator, provided that such chaining fee may be
billed by the Registry Operator to the CCAs. The chaining fee will be
charged in compliance with Subsection 3.4.3 of the Registry Agreement.
10. Implementation by Authorized Registrars.
Authorized Registrars will be required to (a) collect and verify evidence
of professional credentials from all domain name registrants and Standard
Defensive Registrants showing their qualification for the professional
category in which they wish to register (see Section 8 of this Appendix
L), (b) provide digital certificates and other digital security services
associated with each domain name, and (c) examine trademark information
for Sunrise Registrations and Intellectual Property Defensive Registrations
(see Appendix J), before the Registry Operator will process domain name
applications.
10.1 Compliance by Authorized Registrars.
10.1.1 Each Authorized Registrar will
be required to comply with the restrictions, requirements, and policies
in Appendices J, L, and M, as well as other matters covered in its
Registrar Accreditation Agreement with ICANN and in its Registry-Registrar
Agreement ("RRA") (Appendix F) with the Registry Operator.
10.1.2 If an Authorized Registrar learns
of a reasonable basis to believe that any information in the Registry
Operator's Whois database regarding a .pro domain name or Defensive
Registration that it is sponsoring in the Registry is not accurate
or reliable, the Authorized Registrar shall provide e-mail and written
notice to the Registered Name Holder and to the Registry Operator
within seven days after learning of that basis. See Subsection 8.4.7
for follow-up procedures.
10.1.3 Each Authorized Registrar will
be required to verify continued qualification of a Registered Name
Holder (or, where applicable under Subsection 8.4 of this Appendix
L, Standard Defensive Registrant) no less frequently than on an annual
basis.
10.1.4 If it comes to the Registry Operator's
attention that an Authorized Registrar is not complying with the restrictions
and policies described in Subsections 10.1.1 to 10.1.3 of this Appendix
L, the Registry Operator will send prompt electronic and written notice
to the Authorized Registrar, with a copy by the same method to ICANN,
describing the restrictions and policies being violated. The ensuing
procedure concerning the Authorized Registrar's eligibility to continue
to sponsor Registered Names (including suspension and de-accrediation)
in the .pro registry is governed by the RRA (Appendix F) and the Registrar
Accreditation Agreement.
10.2 Domain Names Sponsored by Ineligible Authorized
Registrars. If an Authorized Registrar's accreditation by ICANN
for .pro is terminated or expires without renewal, or its RRA is terminated
or expires without renewal, the following procedure will be followed:
10.2.1 The domain names and Defensive
Registrations already registered up to that point in time will remain
registered in the .pro TLD. Those Defensive Registrations and domain
names, together with the verification documentation or information
for such Registered Name held by the Ineligible Authorized Registrar,
will be transferred to another Authorized Registrar upon proper transfer
notice made by the gaining Authorized Registrar or, in the absence
of such notice, designated by ICANN.
10.2.2 Applicants for .pro names working
with such Ineligible Authorized Registrar will be notified to switch
to another Authorized Registrar. The Ineligible Authorized Registrar
is required to send the qualification documentation submitted by each
applicant to the new Authorized Registrar chosen by such applicant.
11. Disclaimer. The provisions of this Registry
Agreement (including Appendices J, L, and M) shall not create any actual
or potential liability on the part of Registry Operator to any person
or entity other than ICANN in connection with any dispute concerning any
Registered Name or other Registry Service, including the decision of any
dispute resolution proceeding related to any of the foregoing.
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30-Nov-2002
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