Memorandum of Understanding
Malawi -- .mw
This Memorandum of Understanding ("MoU") is made and entered
into on 28 June 2002 (the "Effective Date") by and between
the Internet Corporation for Assigned Names and Numbers ("ICANN")
and Malawi Sustainable Development Network Programme (Malawi SDNP) ("Manager").
1.1 The Internet Corporation for Assigned Names
and Numbers ("ICANN") is the non-profit corporation that
was formed on 30 September 1998 for purposes of providing technical-coordination
functions for the Internet in the public interest. Among ICANN's responsibilities
is to oversee operation of the Internet's Authoritative Root-Server
1.2 The country-code Top-Level Domain (ccTLD) Manager
is the trustee for the .mw country-code top-level domain (the "Delegated
ccTLD"), assigned to Malawi according to the two-letter codes
in the ISO 3166-1 list for the representation of names of countries
or territories. The Manager has the duty to manage and operate the
Delegated ccTLD in the interests of and in consultation with the local
Internet community, mindful of the interests of the global Internet
1.3 The purpose of this MoU is to formalize the
present relationship between the Manager and ICANN. This MoU is intended
to persist only for so long as both parties desire, with the goal
of replacing this MoU with another, more durably binding, agreement
taking into account evolving circumstances, including possible enhanced,
cooperative governmental involvement in ensuring that the ccTLD operates
within an appropriate framework of accountability.
2.1 Recognition of ccTLD Manager. ICANN
hereby recognizes the Manager as the manager of the Delegated ccTLD
during the term of this MoU.
2.2 Recognition of ICANN. The ccTLD Manager
acknowledges that ICANN is, and throughout the term of this MoU shall
remain, the Internet coordination entity responsible to the global
Internet community for the development of policies for the overall
coordination of the Internet domain-name system (DNS) in a manner
that maintains it as a stable and interoperable global naming system
for the Internet.
3 ICANN Obligations
3.1 Authoritative-Root Database. ICANN shall
maintain, or cause to be maintained, a stable, secure, and authoritative
publicly available database (referred to in this MoU as the "Authoritative-Root
Database") of relevant information about TLDs maintained in the
Authoritative Root-Server System. For the Delegated ccTLD, the Authoritative-Root
Database shall contain information about the ccTLD Manager, the designated
administrative contact, the designated technical contact, and the
3.2 Designation of Administrative and Technical
Contacts. At the commencement of the term of this MoU, the administrative
and technical contacts for the Delegated ccTLD shall be as stated
on Attachment A. From
time to time during the term of this MoU, the Manager may, by notifying
ICANN in writing, request a change in the designation of the administrative
or technical contact. The administrative contact must reside in the
territory of the Delegated ccTLD during the entire period he or she
is designated as such. The request for designation of an administrative
or technical contact must be made by the Manager's designee and be
accompanied by complete and accurate contact information for the newly
designated contact according to Section 4.3. ICANN
shall implement a request to change the administrative or technical
contact for the Delegated ccTLD in the Authoritative-Root Database
within seven days after ICANN is reasonably satisfied that the request
is genuine and meets the requirements of this Section 3.2.
3.3 Updating of Nameserver Information.
At commencement of the term of this MoU, the host names and IP addresses
of the nameservers for the Delegated ccTLD shall be as stated on Attachment
A. From time to time during the term of this MoU, the Manager
may, by notifying ICANN, request a change in the host name or IP address(es)
of the nameservers for the Delegated ccTLD reflected in the Authoritative-Root
Database. The initial format and technical requirements for such requests
are set forth in Attachment
B. Changes to the format requirements may be made by ICANN upon
thirty days written notice to the Manager. Changes to the technical
requirements may be made only with the mutual written consent of ICANN
and the Manager (which neither party shall withhold unreasonably)
or in the manner provided in Section 5. ICANN shall
implement a request for a change to the nameserver data for the Delegated
ccTLD in the Authoritative-Root Database within seven days after ICANN
is reasonably satisfied that the request is genuine and meets the
requirements of this Section 3.3.
3.4 Implementation of Updates to Contact Information.
ICANN shall implement a request submitted by the Manager to revise
contact information in the Authoritative-Root Database within seven
days after ICANN is reasonably satisfied that the request is genuine
and meets the requirements under 4.3.
3.5 Publication of Root-Zone Whois Information.
ICANN shall publish, or cause to be published, data maintained in
the Authoritative-Root Database about the Delegated ccTLD. The published
data shall include at least the names of the Manager, the administrative
contact, and the technical contact.
3.6 Operation of Authoritative Root-Namserver
System; Contents of Authoritative Root-Zone File. ICANN shall
use reasonable commercial efforts to coordinate the Authoritative
Root-Server System to ensure that it is operated and maintained in
a stable and secure manner. ICANN shall cause, to the extent it has
the authority under its agreements and otherwise, the Authoritative
Root-Server System to publish DNS resource records delegating the
Delegated ccTLD to the nameservers recorded in the Authoritative-Root
3.7 Maintenance of Authoritative Records and
Audit Trail. ICANN shall maintain, or cause to be maintained,
authoritative records and an audit trail regarding ccTLD delegations
and records related to those delegations.
3.8 Notification of Changes to ICANN's Contact
Information. ICANN shall notify the Manager of any changes to
ICANN's contact information no later than seven days after the change
4 ccTLD Manager Obligations
4.1 Provision of Nameservice for the Delegated
ccTLD. The Manager shall cause the authoritative nameservers for
the Delegated ccTLD to be operated and maintained in a stable and
secure manner, adequate to resolve names within the Delegated ccTLD
for users throughout the Internet.
4.2 ICANN Access to Zone Files and Registration
Data for the Delegated ccTLD. The Manager shall ensure that the
zone file and accurate and up-to-date registration data for the Delegated
ccTLD is continuously available to ICANN for purposes of verifying
and ensuring the operational stability of the Delegated ccTLD only.
4.3 Accuracy and Completeness of Contact Information.
The Manager shall notify ICANN of any change to the contact information
about the Delegated ccTLD in the Authoritative-Root Database no later
than seven days after the change becomes effective. The administrative
contact for the Delegated ccTLD must reside in the territory of the
Delegated ccTLD during the entire period he or she is designated as
such. The format of the notice shall comply with requirements established
from time to time by ICANN. The initial format requirements are specified
in Attachment C. Changes
to the format requirements may be made by ICANN upon thirty days written
notice to the Sponsoring Organization.
4.4 Information on Delegated ccTLD Registration.
The Manager agrees to maintain a website which includes details of
itself, its procedures, rules and other such information required
to register domain names.
4.5 Financial Contribution to ICANN. Throughout
the term of this MoU, the ccTLD Manager shall contribute to ICANN's
cost of operation in accordance with an equitable scale, based on
ICANN's total funding requirements (including reserves), developed
by ICANN on the basis of consensus. At ICANN's request, the ccTLD
Manager shall provide ICANN with the information reasonably necessary
to calculate the amount of the ccTLD Manager's contribution (e.g.,
the number of registered names in the ccTLD) in time for periodic
calculation of that amount.
5 Development of and Compliance With Global Policies
5.1 Conformity with ICANN Policies. The
specifications and policies set forth in ICP-1 (located at http://www.icann.org/icp-1.htm)
and in Attachment D
shall apply to the operation of the Delegated ccTLD beginning at the
commencement of the term of this MoU. During the term of this MoU,
the Manager will also comply with any policies established through
the ICANN policy-development process described in Section
5.2 that by their terms apply to the Delegated ccTLD.
5.2 Procedure of Establishment. During the
term of this MoU, new or revised specifications and policies applicable
to the Delegated ccTLD may be established through the ICANN process
according to procedures that comply with ICANN's bylaws and articles
of incorporation. The Manager hereby reaffirms its support for the
ICANN process as the appropriate framework for consensus-based formulation
of policies for the global coordination of the DNS, and pledges to
participate in and support that process during the term of this MoU.
5.3 Time Allowed for Compliance. The Manager
shall be afforded a reasonable period of time (not to exceed four
months unless the nature of the specification or policy under Section
5.2 reasonably requires, as agreed to by ICANN and the Manager,
a longer period) after receiving notice of the establishment of a
new or revised specification or policy under Section
5.2 in which to comply with that specification or policy, taking
into account any urgency involved.
6.1 Termination of the MoU. This MoU may
be terminated by either party without cause and at any time upon notice
to the other party. The notice will be ninety days; however in urgent
situations it may be less, provided it is at least thirty days. Upon
termination, all obligations under this MoU shall cease.
6.2 Remedies. The sole remedy for any breach
of this MoU shall be termination of this MoU under Section
6.1. In no event shall any liability arise for breach or termination
of this MoU.
6.3 Choice of Law. Issues of law arising
in connection with the interpretation of this MoU shall be resolved
by the rules of law considered to be most appropriately applied in
all the circumstances; provided that Sections 6.1
and 6.2 shall in all events be fully enforced under
the law applied; and provided further that the validity, interpretation,
and effect of acts of the Manager shall be judged according to the
laws of Malawi and the validity, interpretation, and effect of acts
of ICANN shall be judged according to the laws of the State of California,
6.4 Notices. Notices to be given under this
MoU shall be given in writing at the address of the appropriate party
as set forth below, unless that party has given a notice of change
of address in writing. Any notice required by this MoU shall be deemed
to have been properly given when delivered in person, when sent by
electronic facsimile, or when scheduled for delivery by internationally
recognized courier service.
If to ICANN, addressed to:
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina Del Rey, California 90292
If to Malawi SDNP, addressed to:
Room 51 Polytechnic,
P/B 303, Chichiri,
Blantyre 3, MALAWI
Designee: The Coordinator
6.5 Dates and Times. All dates and times
relevant to this MoU or its performance shall be computed based on
the date and time observed in Los Angeles, California, USA.
6.6 Entire Understanding. This MoU and any
exhibits hereto constitute the entire understanding of the parties
hereto pertaining to the subject matter hereof and supersedes all
prior agreements, understandings, negotiations and discussions, whether
oral or written, of the parties.
6.7 Review and Modification of MoU. ICANN
and ccTLD Manager will periodically review the results and consequences
of their cooperation under this MoU. When appropriate, the signatories
will consider the need for improvements in the MoU or entry of a durably
binding agreement and make suitable proposals for modifying and updating
the Parties' arrangements. Any modification to the MoU must be executed
by authorized agents of both parties.
6.8 Amendments and Waivers. No amendment,
supplement, or modification of this MoU or any provision hereof shall
be binding unless executed in writing by all parties. No waiver of
any provision of this MoU shall be binding unless evidenced by a writing
signed by the party waiving compliance with such provision. No waiver
of any of the provisions of this MoU shall be deemed or shall constitute
a waiver of any other provision hereof, nor shall any such waiver
constitute a continuing waiver unless otherwise expressly provided.
IN WITNESS WHEREOF, the parties hereto have caused this MoU to be executed
in duplicate by their duly authorized representatives.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
President and CEO
MALAWI SUSTAINABLE DEVELOPMENT NETWORK PROGRAMME
Paulos B Nyirenda
Malawi SDNP Coordinator
the layout, construction and functionality of this site
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©2002 The Internet Corporation for Assigned
Names and Numbers. All rights reserved.