Generic Top-Level Domain (gTLD) Registry Agreements
.org Registry Agreement: Appendix H
23 October 2002
Public Interest Registry Equal Access and Nondiscriminatory Practice
Public Interest Registry ("PIR") shall provide registrars with the opportunity to register domain names in the .org TLD pursuant to the terms and conditions of a Registry-Registrar Agreement ("RRA") to be executed between PIR and any such registrars accredited by ICANN to act as a registrar for domain names within the domain of the .org TLD (hereinafter referred to as "ICANN-Accredited Registrars"). PIR shall provide all ICANN-Accredited Registrars with equivalent access to the EPP Registry-Registrar Protocol. PIR will also make a certification to ICANN at the end of the six month period immediately following the Effective Date of the Registry Agreement and at the end of each subsequent six month period for the Term of the Registry Agreement, using the objective criteria set forth in the PIR Equivalent Access Certification below, that PIR, in its capacity as Registry Operator, and on behalf of its subcontractors, each is providing all ICANN-Accredited Registrars with such equivalent access.
PIR will ensure, in a form and through ways described in the PIR Equivalent Access Certification below, that the revenues and assets of the Registry Operator are not utilized to advantage PIR, its affiliates, any contractor to PIR, or any owner of any such contractor to the detriment of other ICANN-Accredited Registrars.
All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Registry Agreement.
PIR will comply, and will ensure that its contractors comply, with the following policies relating to Equal Access and Nondiscrimination Practice Plan (the "Plan").
1. Purpose: To establish policies (i) for the protection of Proprietary Information developed by and/or in the possession of PIR, and (ii) for the protection of Registry Sensitive Information to ensure that the revenue and assets of PIR are not unfairly utilized to advantage any ICANN-Accredited Registrar to the detriment of any other ICANN-Accredited Registrar.
When not in use, Proprietary Information or Registry Sensitive Information will be stored in a locked desk, cabinet or file. Such material will not be left unattended during the workday and should be turned face down in the presence of visitors or employees who have no need to know.
Burning, shredding or comparable methods will be used for the destruction of Proprietary Information or Registry Sensitive Information.
Terminating employees will be reminded of their responsibilities and obligations in protecting Proprietary Information. All employees will execute a non-disclosure agreement specifying that they may not retain or otherwise use such information after termination. Any deviation from this policy must be approved in writing by PIR counsel and PIR.
Proprietary Information received from other companies through contractual or pre-contractual relationships will be afforded the same level of protection given to PIR's Proprietary Information.
Questions concerning implementation or interpretation of this policy will be referred to the CEO or the General Counsel.
Engineering information, including schematics, code, and engineering notes will be considered Proprietary Information.
Some statistical information will be available for public consumption. Such information does not require any special treatment, so long as no ICANN-Accredited Registrar, receives any preferential treatment (e.g., early access to such information). Other statistics, such as numbers of registrations, transfers, etc., performed by each registrar, as well as processing times, numbers of failures or any information that is trending negative or contains negative performance factors not generally available to the public should be considered Registry Sensitive Information.
One area of statistical data that is deserving of special attention is Registry Information pertaining to the numbers of registrations, transfers, etc., performed by each registrar. All such information is Registry Sensitive Information and will be treated accordingly. Unless otherwise approved, registration activity information must be protected from disclosure to any registrar other than the registrar to which the information refers.
Financial data related to PIR is Registry Sensitive Information and will not be released without the express consent of the CEO of PIR. Monthly expenses and income shall be kept sensitive and restricted from disclosure to any party other than the appropriate PIR.
This is an Agreement, effective _______________ __, 20__ between Public Interest Registry Inc., (hereinafter referred to as "PIR") and _________________________ (hereinafter referred to as "_________________"). It is recognized that it may be necessary or desirable to exchange information between PIR and _________________ for the purpose of ____________________________ _____________________________________________. With respect to the information exchanged between the parties subsequent to this date, the parties agree as follows:
(1) "Proprietary Information" shall include, but not be limited to, performance, sales, financial, contractual and special marketing information, ideas, technical data and concepts originated by the disclosing party, not previously published or otherwise disclosed to the general public, not previously available without restriction to the receiving party or others, nor normally furnished to others without compensation, and which the disclosing party desires to protect against unrestricted disclosure or competitive use, and which is furnished pursuant to this Agreement and appropriately identified as being proprietary when furnished.
(2) In order for proprietary information disclosed by one party to the other to be protected in accordance with this Agreement, it must be: (a) in writing or in electronic form; (b) clearly identified as proprietary information at the time of its disclosure by each page thereof being marked with an appropriate legend indicating that the information is deemed proprietary by the disclosing party; and (c) delivered by letter of transmittal, hand delivery, or electronically transmitted to the individual designated in Paragraph 3 below, or his designee. Where the proprietary information has not been or cannot be reduced to written or electronic form at the time of disclosure and such disclosure is made orally and with prior assertion of proprietary rights therein, such orally disclosed proprietary information shall only be protected in accordance with this Non-Disclosure Agreement provided that complete written summaries of all proprietary aspects of any such oral disclosures shall have been delivered to the individual identified in Paragraph 3 below, within 20 calendar days of said oral disclosures. Neither party shall identify information as proprietary which is not in good faith believed to be confidential, privileged, a trade secret, or otherwise entitled to such markings or proprietary claims.
(3) In order for either party's proprietary information to be protected as described herein, it must be submitted in written or electronic form as discussed in Paragraph 2 above to:
Comments concerning the layout, construction and functionality of this site
should be sent to email@example.com.
Page Updated 24-Oct-2002