Index
Section 1. Definitions
Section 2. ICANN Obligations
Section 3. Registrar Obligations
Section 4. Procedures for Establishment or Revision of
Specifications and Policies
Section 5. Miscellaneous Provisions
Appendices:
.aero Appendix
.asia Appendix
.biz Appendix
.cat Appendix
.com Appendix
.coop Appendix
.info Appendix
.jobs Appendix
.mobi Appendix
.museum Appendix
.name Appendix
.net Appendix
.org Appendix
.pro Appendix
.tel appendix
.travel appendix
Logo License Appendix
Registrar Accreditation Agreement
This REGISTRAR ACCREDITATION AGREEMENT ("Agreement") is by
and between the Internet Corporation for Assigned Names and Numbers, a
California non-profit, public benefit corporation, and [Registrar Name],
a [Organization type and jurisdiction] ("Registrar"), and shall
be deemed made on ____________________, at Los Angeles, California, USA.
1. DEFINITIONS. For purposes of this Agreement,
the following definitions shall apply:
1.1 "Accredit" means to identify and set
minimum standards for the performance of registration functions, to
recognize persons or entities meeting those standards, and to enter
into an accreditation agreement that sets forth the rules and procedures
applicable to the provision of Registrar Services.
1.2 "DNS" refers to the Internet domain-name
system.
1.3 The "Effective Date" is _______________________.
1.4 The "Expiration Date" is _______________________.
1.5 "ICANN" refers to the Internet Corporation
for Assigned Names and Numbers, a party to this Agreement.
1.6 "Personal Data" refers to data about
any identified or identifiable natural person.
1.7 "Registered Name" refers to a domain
name within the domain of a TLD that is the subject of an appendix to
this Agreement, whether consisting of two or more (e.g., john.smith.name)
levels, about which a TLD Registry Operator (or an affiliate engaged
in providing Registry Services) maintains data in a Registry Database,
arranges for such maintenance, or derives revenue from such maintenance.
A name in a Registry Database may be a Registered Name even though it
does not appear in a zone file (e.g., a registered but inactive name).
1.8 "Registered Name Holder" means the
holder of a Registered Name.
1.9 The word "Registrar," when appearing
with an initial capital letter, refers to [Registrar Name], a party
to this Agreement.
1.10 The word "registrar," when appearing
without an initial capital letter, refers to a person or entity that
contracts with Registered Name Holders and with a Registry Operator
and collects registration data about the Registered Name Holders and
submits registration information for entry in the Registry Database.
1.11 "Registrar Services" means services
provided by a registrar in connection with a TLD as to which it has
an agreement with the TLD's Registry Operator, and includes contracting
with Registered Name Holders, collecting registration data about the
Registered Name Holders, and submitting registration information for
entry in the Registry Database.
1.12 "Registry Data" means all Registry
Database data maintained in electronic form, and shall include TLD Zone-File
Data, all data used to provide Registry Services and submitted by registrars
in electronic form, and all other data used to provide Registry Services
concerning particular domain name registrations or nameservers maintained
in electronic form in a Registry Database.
1.13 "Registry Database" means a database
comprised of data about one or more DNS domain names within the domain
of a registry that is used to generate either DNS resource records that
are published authoritatively or responses to domain-name availability
lookup requests or Whois queries, for some or all of those names.
1.14 A "Registry Operator" is the person
or entity then responsible, in accordance with an agreement between
ICANN (or its assignee) and that person or entity (those persons or
entities) or, if that agreement is terminated or expires, in accordance
with an agreement between the US Government and that person or entity
(those persons or entities), for providing Registry Services for a specific
TLD.
1.15 "Registry Services," with respect
to a particular TLD, shall have the meaning defined in the agreement
between ICANN and the Registry Operator for that TLD.
1.16 A Registered Name is "sponsored"
by the registrar that placed the record associated with that registration
into the registry. Sponsorship of a registration may be changed at the
express direction of the Registered Name Holder or, in the event a registrar
loses accreditation, in accordance with then-current ICANN specifications
and policies.
1.17 "Term of this Agreement" begins on
the Effective Date and continues to the earlier of (a) the Expiration
Date, or (b) termination of this Agreement.
1.18 A "TLD" is a top-level domain of
the DNS.
1.19 "TLD Zone-File Data" means all data
contained in a DNS zone file for the registry, or for any subdomain
for which Registry Services are provided and that contains Registered
Names, as provided to nameservers on the Internet.
2. ICANN OBLIGATIONS.
2.1 Accreditation. During the Term of this
Agreement, Registrar is hereby accredited by ICANN to act as a registrar
(including to insert and renew registration of Registered Names in the
Registry Database) for the TLD(s) that are the subject of appendices
to this Agreement according to Subsection 5.5.
2.2 Registrar Use of ICANN Name and Website.
ICANN hereby grants to Registrar a non-exclusive, worldwide, royalty-free
license during the Term of this Agreement (a) to state that it is accredited
by ICANN as a registrar for each TLD that is the subject of an appendix
to this Agreement and (b) to link to pages and documents within the
ICANN web site. No other use of ICANN's name or website is licensed
hereby. This license may not be assigned or sublicensed by Registrar.
2.3 General Obligations of ICANN. With respect
to all matters that impact the rights, obligations, or role of Registrar,
ICANN shall during the Term of this Agreement:
2.3.1 exercise its responsibilities in an open
and transparent manner;
2.3.2 not unreasonably restrain competition and,
to the extent feasible, promote and encourage robust competition;
2.3.3 not apply standards, policies, procedures
or practices arbitrarily, unjustifiably, or inequitably and not single
out Registrar for disparate treatment unless justified by substantial
and reasonable cause; and
2.3.4 ensure, through its reconsideration and
independent review policies, adequate appeal procedures for Registrar,
to the extent it is adversely affected by ICANN standards, policies,
procedures or practices.
3. REGISTRAR OBLIGATIONS.
3.1 Obligations to Provide Registrar Services.
During the Term of this Agreement, Registrar agrees that it will operate
as a registrar for each TLD for which it is accredited by ICANN in accordance
with this Agreement.
3.2 Submission of Registered Name Holder Data
to Registry. During the Term of this Agreement:
3.2.1 As part of its registration of Registered
Names in a TLD as to which it is accredited, Registrar shall submit
to, or shall place in the Registry Database operated by, the Registry
Operator for the TLD the following data elements:
3.2.1.1 The name of the Registered Name being
registered;
3.2.1.2 The IP addresses of the primary nameserver
and secondary nameserver(s) for the Registered Name;
3.2.1.3 The corresponding names of those
nameservers;
3.2.1.4 Unless automatically generated by
the registry system, the identity of the Registrar;
3.2.1.5 Unless automatically generated by
the registry system, the expiration date of the registration; and
3.2.1.6 Any other data the Registry Operator
requires be submitted to it.
The appendix to this Agreement for a particular TLD may state substitute
language for Subsections 3.2.1.1 through 3.2.1.6 as applicable to
that TLD; in that event the substitute language shall replace and
supersede Subsections 3.2.1.1 through 3.2.1.6 stated above for all
purposes under this Agreement but only with respect to that particular
TLD.
3.2.2 Within five (5) business days after receiving
any updates from the Registered Name Holder to the data elements listed
in Subsections 3.2.1.2, 3.1.2.3, and 3.2.1.6 for any Registered Name
Registrar sponsors, Registrar shall submit the updated data elements
to, or shall place those elements in the Registry Database operated
by the Registry Operator.
3.2.3 In order to allow reconstitution of the
Registry Database in the event of an otherwise unrecoverable technical
failure or a change in the designated Registry Operator, within ten
days of any such request by ICANN, Registrar shall submit an electronic
database containing the data elements listed in Subsections 3.2.1.1
through 3.2.1.6 for all active records in the registry sponsored by
Registrar, in a format specified by ICANN, to the Registry Operator
for the appropriate TLD.
3.3 Public Access to Data on Registered Names.
During the Term of this Agreement:
3.3.1 At its expense, Registrar shall provide
an interactive web page and a port 43 Whois service providing free
public query-based access to up-to-date (i.e., updated at least daily)
data concerning all active Registered Names sponsored by Registrar
for each TLD in which it is accredited. The data accessible shall
consist of elements that are designated from time to time according
to an ICANN adopted specification or policy. Until ICANN otherwise
specifies by means of an ICANN adopted specification or policy, this
data shall consist of the following elements as contained in Registrar's
database:
3.3.1.1 The name of the Registered Name;
3.3.1.2 The names of the primary nameserver
and secondary nameserver(s) for the Registered Name;
3.3.1.3 The identity of Registrar (which
may be provided through Registrar's website);
3.3.1.4 The original creation date of the
registration;
3.3.1.5 The expiration date of the registration;
3.3.1.6 The name and postal address of the
Registered Name Holder;
3.3.1.7 The name, postal address, e-mail
address, voice telephone number, and (where available) fax number
of the technical contact for the Registered Name; and
3.3.1.8 The name, postal address, e-mail
address, voice telephone number, and (where available) fax number
of the administrative contact for the Registered Name.
The appendix to this Agreement for a particular TLD may state substitute
language for Subsections 3.3.1.1 through 3.3.1.8 as applicable to
that TLD; in that event the substitute language shall replace and
supersede Subsections 3.3.1.1 through 3.3.1.8 stated above for all
purposes under this Agreement but only with respect to that particular
TLD.
3.3.2 Upon receiving any updates to the data
elements listed in Subsections 3.3.1.2, 3.3.1.3, and 3.3.1.5 through
3.3.1.8 from the Registered Name Holder, Registrar shall promptly
update its database used to provide the public access described in
Subsection 3.3.1.
3.3.3 Registrar may subcontract its obligation
to provide the public access described in Subsection 3.3.1 and the
updating described in Subsection 3.3.2, provided that Registrar shall
remain fully responsible for the proper provision of the access and
updating.
3.3.4 Registrar shall abide by any ICANN specification
or policy established as a Consensus Policy according to Section 4
that requires registrars to cooperatively implement a distributed
capability that provides query-based Whois search functionality across
all registrars. If the Whois service implemented by registrars does
not in a reasonable time provide reasonably robust, reliable, and
convenient access to accurate and up-to-date data, the Registrar shall
abide by any ICANN specification or policy established as a Consensus
Policy according to Section 4 requiring Registrar, if reasonably determined
by ICANN to be necessary (considering such possibilities as remedial
action by specific registrars), to supply data from Registrar's database
to facilitate the development of a centralized Whois database for
the purpose of providing comprehensive Registrar Whois search capability.
3.3.5 In providing query-based public access
to registration data as required by Subsections 3.3.1 and 3.3.4, Registrar
shall not impose terms and conditions on use of the data provided,
except as permitted by policy established by ICANN. Unless and until
ICANN establishes a different policy according to Section 4, Registrar
shall permit use of data it provides in response to queries for any
lawful purposes except to: (a) allow, enable, or otherwise support
the transmission by e-mail, telephone, or facsimile of mass, unsolicited,
commercial advertising or solicitations to entities other than the
data recipient's own existing customers; or (b) enable high volume,
automated, electronic processes that send queries or data to the systems
of any Registry Operator or ICANN-Accredited registrar, except as
reasonably necessary to register domain names or modify existing registrations.
3.3.6 In addition, Registrar shall provide third-party
bulk access to the data subject to public access under Subsection
3.3.1 under the following terms and conditions:
3.3.6.1 Registrar shall make a complete electronic
copy of the data available at least one time per week for download
by third parties who have entered into a bulk access agreement with
Registrar.
3.3.6.2 Registrar may charge an annual fee,
not to exceed US$10,000, for such bulk access to the data.
3.3.6.3 Registrar's access agreement shall
require the third party to agree not to use the data to allow, enable,
or otherwise support the transmission by e-mail, telephone, or facsimile
of mass, unsolicited, commercial advertising or solicitations to
entities other than such third party's own existing customers.
3.3.6.4 Registrar's access agreement shall
require the third party to agree not to use the data to enable high-volume,
automated, electronic processes that send queries or data to the
systems of any Registry Operator or ICANN-Accredited registrar,
except as reasonably necessary to register domain names or modify
existing registrations.
3.3.6.5 Registrar's access agreement may
require the third party to agree not to sell or redistribute the
data except insofar as it has been incorporated by the third party
into a value-added product or service that does not permit the extraction
of a substantial portion of the bulk data from the value-added product
or service for use by other parties.
3.3.6.6 Registrar may enable Registered Name
Holders who are individuals to elect not to have Personal Data concerning
their registrations available for bulk access for marketing purposes
based on Registrar's "Opt-Out" policy, and if Registrar
has such a policy, Registrar shall require the third party to abide
by the terms of that Opt-Out policy; provided, however, that Registrar
may not use such data subject to opt-out for marketing purposes
in its own value-added product or service.
3.3.7 Registrar's obligations under Subsection
3.3.6 shall remain in effect until the earlier of (a) replacement
of this policy with a different ICANN policy, established according
to Section 4, governing bulk access to the data subject to public
access under Subsection 3.3.1, or (b) demonstration, to the satisfaction
of the United States Department of Commerce, that no individual or
entity is able to exercise market power with respect to registrations
or with respect to registration data used for development of value-added
products and services by third parties.
3.3.8 To comply with applicable statutes and
regulations and for other reasons, ICANN may from time to time adopt
policies and specifications establishing limits (a) on the Personal
Data concerning Registered Names that Registrar may make available
to the public through a public-access service described in this Subsection
3.3 and (b) on the manner in which Registrar may make such data available.
In the event ICANN adopts any such policy, Registrar shall abide by
it.
3.4 Retention of Registered Name Holder and Registration
Data.
3.4.1 During the Term of this Agreement, Registrar
shall maintain its own electronic database, as updated from time to
time, containing data for each active Registered Name sponsored by
it within each TLD for which it is accredited. The data for each such
registration shall include the elements listed in Subsections 3.3.1.1
through 3.3.1.8; the name and (where available) postal address, e-mail
address, voice telephone number, and fax number of the billing contact;
and any other Registry Data that Registrar has submitted to the Registry
Operator or placed in the Registry Database under Subsection 3.2.
3.4.2 During the Term of this Agreement and for
three years thereafter, Registrar (itself or by its agent(s)) shall
maintain the following records relating to its dealings with the Registry
Operator(s) and Registered Name Holders:
3.4.2.1 In electronic form, the submission
date and time, and the content, of all registration data (including
updates) submitted in electronic form to the Registry Operator(s);
3.4.2.2 In electronic, paper, or microfilm
form, all written communications constituting registration applications,
confirmations, modifications, or terminations and related correspondence
with Registered Name Holders, including registration contracts;
and
3.4.2.3 In electronic form, records of the
accounts of all Registered Name Holders with Registrar, including
dates and amounts of all payments and refunds.
3.4.3 During the Term of this Agreement and for
three years thereafter, Registrar shall make these records available
for inspection and copying by ICANN upon reasonable notice. ICANN
shall not disclose the content of such records except as expressly
permitted by an ICANN specification or policy.
3.5 Rights in Data. Registrar disclaims all
rights to exclusive ownership or use of the data elements listed in
Subsections 3.2.1.1 through 3.2.1.3 for all Registered Names submitted
by Registrar to the Registry Database for, or sponsored by Registrar
in, each TLD for which it is accredited. Registrar does not disclaim
rights in the data elements listed in Subsections 3.2.1.4 through 3.2.1.6
and Subsections 3.3.1.3 through 3.3.1.8 concerning active Registered
Names sponsored by it in each TLD for which it is accredited, and agrees
to grant non-exclusive, irrevocable, royalty-free licenses to make use
of and disclose the data elements listed in Subsections 3.2.1.4 through
3.2.1.6 and 3.3.1.3 through 3.3.1.8 for the purpose of providing a service
or services (such as a Whois service under Subsection 3.3.4) providing
interactive, query-based public access. Upon a change in sponsorship
from Registrar of any Registered Name in a TLD for which it is accredited,
Registrar acknowledges that the registrar gaining sponsorship shall
have the rights of an owner to the data elements listed in Subsections
3.2.1.4 through 3.2.1.6 and 3.3.1.3 through 3.3.1.8 concerning that
Registered Name, with Registrar also retaining the rights of an owner
in that data. Nothing in this Subsection prohibits Registrar from (1)
restricting bulk public access to data elements in a manner consistent
with this Agreement and any ICANN specifications or policies or (2)
transferring rights it claims in data elements subject to the provisions
of this Subsection.
3.6 Data Escrow. During the Term of this Agreement,
on a schedule, under the terms, and in the format specified by ICANN,
Registrar shall submit an electronic copy of the database described
in Subsection 3.4.1 to ICANN or, at Registrar's election and at its
expense, to a reputable escrow agent mutually approved by Registrar
and ICANN, such approval also not to be unreasonably withheld by either
party. The data shall be held under an agreement among Registrar, ICANN,
and the escrow agent (if any) providing that (1) the data shall be received
and held in escrow, with no use other than verification that the deposited
data is complete, consistent, and in proper format, until released to
ICANN; (2) the data shall be released from escrow upon expiration without
renewal or termination of this Agreement; and (3) ICANN's rights under
the escrow agreement shall be assigned with any assignment of this Agreement.
The escrow shall provide that in the event the escrow is released under
this Subsection, ICANN (or its assignee) shall have a non-exclusive,
irrevocable, royalty-free license to exercise (only for transitional
purposes) or have exercised all rights necessary to provide Registrar
Services.
3.7 Business Dealings, Including with Registered
Name Holders.
3.7.1 In the event ICANN adopts a specification
or policy, supported by a consensus of ICANN-Accredited registrars,
establishing or approving a Code of Conduct for ICANN-Accredited registrars,
Registrar shall abide by that Code.
3.7.2 Registrar shall abide by applicable laws
and governmental regulations.
3.7.3 Registrar shall not represent to any actual
or potential Registered Name Holder that Registrar enjoys access to
a registry for which Registrar is Accredited that is superior to that
of any other registrar Accredited for that registry.
3.7.4 Registrar shall not activate any Registered
Name unless and until it is satisfied that it has received a reasonable
assurance of payment of its registration fee. For this purpose, a
charge to a credit card, general commercial terms extended to creditworthy
customers, or other mechanism providing a similar level of assurance
of payment shall be sufficient, provided that the obligation to pay
becomes final and non-revocable by the Registered Name Holder upon
activation of the registration.
3.7.5 Registrar shall register Registered Names
to Registered Name Holders only for fixed periods. At the conclusion
of the registration period, failure by or on behalf of the Registered
Name Holder to pay a renewal fee within the time specified in a second
notice or reminder shall, in the absence of extenuating circumstances,
result in cancellation of the registration. In the event that ICANN
adopts a specification or policy concerning procedures for handling
expiration of registrations, Registrar shall abide by that specification
or policy.
3.7.6 Registrar shall not insert or renew any
Registered Name in any registry for which Registrar is accredited
by ICANN in a manner contrary to an ICANN policy stating a list or
specification of excluded Registered Names that is in effect at the
time of insertion or renewal.
3.7.7 Registrar shall require all Registered
Name Holders to enter into an electronic or paper registration agreement
with Registrar including at least the following provisions:
3.7.7.1 The Registered Name Holder shall
provide to Registrar accurate and reliable contact details and promptly
correct and update them during the term of the Registered Name registration,
including: the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the Registered
Name Holder; name of authorized person for contact purposes in the
case of an Registered Name Holder that is an organization, association,
or corporation; and the data elements listed in Subsections 3.3.1.2,
3.3.1.7 and 3.3.1.8.
3.7.7.2 A Registered Name Holder's willful
provision of inaccurate or unreliable information, its willful failure
promptly to update information provided to Registrar, or its failure
to respond for over fifteen calendar days to inquiries by Registrar
concerning the accuracy of contact details associated with the Registered
Name Holder's registration shall constitute a material breach of
the Registered Name Holder-registrar contract and be a basis for
cancellation of the Registered Name registration.
3.7.7.3 Any Registered Name Holder that intends
to license use of a domain name to a third party is nonetheless
the Registered Name Holder of record and is responsible for providing
its own full contact information and for providing and updating
accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection
with the Registered Name. A Registered Name Holder licensing use
of a Registered Name according to this provision shall accept liability
for harm caused by wrongful use of the Registered Name, unless it
promptly discloses the identity of the licensee to a party providing
the Registered Name Holder reasonable evidence of actionable harm.
3.7.7.4 Registrar shall provide notice to
each new or renewed Registered Name Holder stating:
3.7.7.4.1 The purposes for which any Personal Data collected
from the applicant are intended;
3.7.7.4.2 The intended recipients or categories of recipients
of the data (including the Registry Operator and others who will
receive the data from Registry Operator);
3.7.7.4.3 Which data are obligatory and which data, if any, are
voluntary; and
3.7.7.4.4 How the Registered Name Holder or data subject can
access and, if necessary, rectify the data held about them.
3.7.7.5 The Registered Name Holder shall
consent to the data processing referred to in Subsection 3.7.7.4.
3.7.7.6 The Registered Name Holder shall
represent that notice has been provided equivalent to that described
in Subsection 3.7.7.4 to any third-party individuals whose Personal
Data are supplied to Registrar by the Registered Name Holder, and
that the Registered Name Holder has obtained consent equivalent
to that referred to in Subsection 3.7.7.5 of any such third-party
individuals.
3.7.7.7 Registrar shall agree that it will
not process the Personal Data collected from the Registered Name
Holder in a way incompatible with the purposes and other limitations
about which it has provided notice to the Registered Name Holder
in accordance with Subsection 3.7.7.4 above.
3.7.7.8 Registrar shall agree that it will
take reasonable precautions to protect Personal Data from loss,
misuse, unauthorized access or disclosure, alteration, or destruction.
3.7.7.9 The Registered Name Holder shall
represent that, to the best of the Registered Name Holder's knowledge
and belief, neither the registration of the Registered Name nor
the manner in which it is directly or indirectly used infringes
the legal rights of any third party.
3.7.7.10 For the adjudication of disputes
concerning or arising from use of the Registered Name, the Registered
Name Holder shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1)
of the Registered Name Holder's domicile and (2) where Registrar
is located.
3.7.7.11 The Registered Name Holder shall
agree that its registration of the Registered Name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN adopted
specification or policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN adopted specification or
policy, (1) to correct mistakes by Registrar or the Registry Operator
in registering the name or (2) for the resolution of disputes concerning
the Registered Name.
3.7.7.12 The Registered Name Holder shall
indemnify and hold harmless the Registry Operator and its directors,
officers, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including reasonable
legal fees and expenses) arising out of or related to the Registered
Name Holder's domain name registration.
3.7.8 Registrar shall abide by any specifications
or policies established according to Section 4 requiring reasonable
and commercially practicable (a) verification, at the time of registration,
of contact information associated with a Registered Name sponsored
by Registrar or (b) periodic re-verification of such information.
Registrar shall, upon notification by any person of an inaccuracy
in the contact information associated with a Registered Name sponsored
by Registrar, take reasonable steps to investigate that claimed inaccuracy.
In the event Registrar learns of inaccurate contact information associated
with a Registered Name it sponsors, it shall take reasonable steps
to correct that inaccuracy.
3.7.9 Registrar shall abide by any ICANN adopted
specifications or policies prohibiting or restricting warehousing
of or speculation in domain names by registrars.
3.7.10 Nothing in this Agreement prescribes
or limits the amount Registrar may charge Registered Name Holders
for registration of Registered Names.
3.8 Domain-Name Dispute Resolution. During
the Term of this Agreement, Registrar shall have in place a policy and
procedures for resolution of disputes concerning Registered Names. Until
different policies and procedures are established by ICANN under Section
4, Registrar shall comply with the Uniform Domain Name Dispute Resolution
Policy identified on ICANN's website (www.icann.org/general/consensus-policies.htm).
3.9 Accreditation Fees. As a condition of
accreditation, Registrar shall pay accreditation fees to ICANN. These
fees consist of yearly and variable fees.
3.9.1 Yearly Accreditation Fee. Registrar
shall pay ICANN a yearly accreditation fee in an amount established
by the ICANN Board of Directors, in conformity with ICANN's bylaws
and articles of incorporation. This yearly accreditation fee shall
not exceed US$4,000 for the first TLD for which Registrar is Accredited
plus US$500 for each additional TLD for which Registrar is Accredited
at any time during the year. Payment of the yearly fee shall be due
within thirty days after invoice from ICANN.
3.9.2 Variable Accreditation Fee. Registrar
shall pay the variable accreditation fees established by the ICANN
Board of Directors, in conformity with ICANN's bylaws and articles
of incorporation, provided that in each case such fees are reasonably
allocated among all registrars that contract with ICANN and that any
such fees must be expressly approved by registrars accounting, in
the aggregate, for payment of two-thirds of all registrar-level fees.
Registrar shall pay such fees in a timely manner for so long as all
material terms of this Agreement remain in full force and effect,
and notwithstanding the pendency of any dispute between Registrar
and ICANN.
3.9.3 On reasonable notice given by ICANN to
Registrar, accountings submitted by Registrar shall be subject to
verification by an audit of Registrar's books and records by an independent
third-party that shall preserve the confidentiality of such books
and records (other than its findings as to the accuracy of, and any
necessary corrections to, the accountings).
3.10 Insurance. Registrar shall maintain
in force commercial general liability insurance with policy limits of
at least US$500,000 covering liabilities arising from Registrar's registrar
business during the term of this Agreement.
4. PROCEDURES FOR ESTABLISHMENT OR REVISION OF SPECIFICATIONS
AND POLICIES.
4.1 Registrar's Ongoing Obligation to Comply With
New or Revised Specifications and Policies. During the Term of this
Agreement, Registrar shall comply with the terms of this Agreement on
the schedule set forth in Subsection 4.4, with
4.1.1 new or revised specifications (including
forms of agreement to which Registrar is a party) and policies established
by ICANN as Consensus Policies in the manner described in Subsection
4.3,
4.1.2 in cases where:
4.1.2.1 this Agreement expressly provides
for compliance with revised specifications or policies established
in the manner set forth in one or more subsections of this Section
4; or
4.1.2.2 the specification or policy concerns
one or more topics described in Subsection 4.2.
4.2 Topics for New and Revised Specifications
and Policies. New and revised specifications and policies may be
established on the following topics:
4.2.1 issues for which uniform or coordinated
resolution is reasonably necessary to facilitate interoperability,
technical reliability, and/or operational stability of Registrar Services,
Registry Services, the DNS, or the Internet;
4.2.2 registrar policies reasonably necessary
to implement ICANN policies or specifications relating to a DNS registry
or to Registry Services;
4.2.3 resolution of disputes concerning the registration
of Registered Names (as opposed to the use of such domain names),
including where the policies take into account use of the domain names;
4.2.4 principles for allocation of Registered
Names (e.g., first-come/first-served, timely renewal, holding period
after expiration);
4.2.5 prohibitions on warehousing of or speculation
in domain names by registries or registrars;
4.2.6 maintenance of and access to accurate and
up-to-date contact information regarding Registered Names and nameservers;
4.2.7 reservation of Registered Names that may
not be registered initially or that may not be renewed due to reasons
reasonably related to (a) avoidance of confusion among or misleading
of users, (b) intellectual property, or (c) the technical management
of the DNS or the Internet (e.g., "example.com" and names
with single-letter/digit labels);
4.2.8 procedures to avoid disruptions of registration
due to suspension or termination of operations by a registry operator
or a registrar, including allocation of responsibility among continuing
registrars of the Registered Names sponsored in a TLD by a registrar
losing accreditation; and
4.2.9 the transfer of registration data upon
a change in registrar sponsoring one or more Registered Names.
Nothing in this Subsection 4.2 shall limit Registrar's obligations
as set forth elsewhere in this Agreement.
4.3 Manner of Establishment of New and Revised
Specifications and Policies.
4.3.1 "Consensus Policies" are those
specifications or policies established based on a consensus among
Internet stakeholders represented in the ICANN process, as demonstrated
by (a) action of the ICANN Board of Directors establishing the specification
or policy, (b) a recommendation, adopted by at least a two-thirds
vote of the council of the ICANN Supporting Organization to which
the matter is delegated, that the specification or policy should be
established, and (c) a written report and supporting materials (which
must include all substantive submissions to the Supporting Organization
relating to the proposal) that (i) documents the extent of agreement
and disagreement among impacted groups, (ii) documents the outreach
process used to seek to achieve adequate representation of the views
of groups that are likely to be impacted, and (iii) documents the
nature and intensity of reasoned support and opposition to the proposed
policy.
4.3.2 In the event that Registrar disputes the
presence of such a consensus, it shall seek review of that issue from
an Independent Review Panel established under ICANN's bylaws. Such
review must be sought within fifteen working days of the publication
of the Board's action establishing the policy. The decision of the
panel shall be based on the report and supporting materials required
by Subsection 4.3.1. In the event that Registrar seeks review and
the Independent Review Panel sustains the Board's determination that
the policy is based on a consensus among Internet stakeholders represented
in the ICANN process, then Registrar must implement such policy unless
it promptly seeks and obtains a stay or injunctive relief under Subsection
5.6.
4.3.3 If, following a decision by the Independent
Review Panel convened under Subsection 4.3.2, Registrar still disputes
the presence of such a consensus, it may seek further review of that
issue within fifteen working days of publication of the decision in
accordance with the dispute resolution procedures set forth in Subsection
5.6; provided, however, that Registrar must continue to implement
the policy unless it has obtained a stay or injunctive relief under
Subsection 5.6 or a final decision is rendered in accordance with
the provisions of Subsection 5.6 that relieves Registrar of such obligation.
The decision in any such further review shall be based on the report
and supporting materials required by Subsection 4.3.1.
4.3.4 A specification or policy established by
the ICANN Board of Directors on a temporary basis, without a prior
recommendation by the council of an ICANN Supporting Organization,
shall also be considered to be a Consensus Policy if adopted by the
ICANN Board of Directors by a vote of at least two-thirds of its members,
so long as the Board reasonably determines that immediate temporary
establishment of a specification or policy on the subject is necessary
to maintain the operational stability of Registrar Services, Registry
Services, the DNS, or the Internet, and that the proposed specification
or policy is as narrowly tailored as feasible to achieve those objectives.
In establishing any specification or policy under this provision,
the ICANN Board of Directors shall state the period of time for which
the specification or policy is temporarily adopted and shall immediately
refer the matter to the appropriate Supporting Organization for its
evaluation and review with a detailed explanation of its reasons for
establishing the temporary specification or policy and why the Board
believes the policy should receive the consensus support of Internet
stakeholders. If the period of time for which the specification or
policy is adopted exceeds ninety days, the Board shall reaffirm its
temporary establishment every ninety days for a total period not to
exceed one year, in order to maintain such specification or policy
in effect until such time as it meets the standard set forth in Subsection
4.3.1. If the standard set forth in Subsection 4.3.1 is not met within
the temporary period set by the Board, or the council of the Supporting
Organization to which it has been referred votes to reject the temporary
specification or policy, it will no longer be a "Consensus Policy."
4.3.5 For all purposes under this Agreement,
the policies specifically identified by ICANN on its website (www.icann.org/general/consensus-policies.htm)
at the date of this Agreement as having been adopted by the ICANN
Board of Directors before the date of this Agreement shall be treated
in the same manner and have the same effect as "Consensus Policies"
and accordingly shall not be subject to review under Subsection 4.3.2.
4.3.6 In the event that, at the time the ICANN
Board of Directors establishes a specification or policy under Subsection
4.3.1 during the Term of this Agreement, ICANN does not have in place
an Independent Review Panel established under ICANN's bylaws, the
fifteen-working-day period allowed under Subsection 4.3.2 to seek
review shall be extended until fifteen working days after ICANN does
have such an Independent Review Panel in place and Registrar shall
not be obligated to comply with the specification or policy in the
interim.
4.4 Time Allowed for Compliance. Registrar
shall be afforded a reasonable period of time after receiving notice
of the establishment of a specification or policy under Subsection 4.3
in which to comply with that specification or policy, taking into account
any urgency involved.
5. MISCELLANEOUS PROVISIONS.
5.1 Specific Performance. While this Agreement
is in effect, either party may seek specific performance of any provision
of this Agreement in the manner provided in Section 5.6 below, provided
the party seeking such performance is not in material breach of its
obligations.
5.2 Termination of Agreement by Registrar.
This Agreement may be terminated before its expiration by Registrar
by giving ICANN thirty days written notice. Upon such termination by
Registrar, Registrar shall not be entitled to any refund of fees paid
to ICANN pursuant to this Agreement.
5.3 Termination of Agreement by ICANN. This
Agreement may be terminated before its expiration by ICANN in any of
the following circumstances:
5.3.1 There was a material misrepresentation,
material inaccuracy, or materially misleading statement in Registrar's
application for accreditation or any material accompanying the application.
5.3.2 Registrar:
5.3.2.1 is convicted by a court of competent
jurisdiction of a felony or other serious offense related to financial
activities, or is judged by a court of competent jurisdiction to
have committed fraud or breach of fiduciary duty, or is the subject
of a judicial determination that ICANN reasonably deems as the substantive
equivalent of those offenses; or
5.3.2.2 is disciplined by the government
of its domicile for conduct involving dishonesty or misuse of funds
of others.
5.3.3 Any officer or director of Registrar is
convicted of a felony or of a misdemeanor related to financial activities,
or is judged by a court to have committed fraud or breach of fiduciary
duty, or is the subject of a judicial determination that ICANN deems
as the substantive equivalent of any of these; provided, such officer
or director is not removed in such circumstances.
5.3.4 Registrar fails to cure any breach of this
Agreement (other than a failure to comply with a policy adopted by
ICANN during the term of this Agreement as to which Registrar is seeking,
or still has time to seek, review under Subsection 4.3.2 of whether
a consensus is present) within fifteen working days after ICANN gives
Registrar notice of the breach.
5.3.5 Registrar fails to comply with a ruling
granting specific performance under Subsections 5.1 and 5.6.
5.3.6 Registrar continues acting in a manner
that ICANN has reasonably determined endangers the stability or operational
integrity of the Internet after receiving three days notice of that
determination.
5.3.7 Registrar becomes bankrupt or insolvent.
This Agreement may be terminated in circumstances described in Subsections
5.3.1 - 5.3.6 above only upon fifteen days written notice to Registrar
(in the case of Subsection 5.3.4 occurring after Registrar's failure
to cure), with Registrar being given an opportunity during that time
to initiate arbitration under Subsection 5.6 to determine the appropriateness
of termination under this Agreement. In the event Registrar initiates
litigation or arbitration concerning the appropriateness of termination
by ICANN, the termination shall be stayed an additional thirty days
to allow Registrar to obtain a stay of termination under Subsection
5.6 below. If Registrar acts in a manner that ICANN reasonably determines
endangers the stability or operational integrity of the Internet and
upon notice does not immediately cure, ICANN may suspend this Agreement
for five working days pending ICANN's application for more extended
specific performance or injunctive relief under Subsection 5.6. This
Agreement may be terminated immediately upon notice to Registrar in
circumstance described in Subsection 5.3.7 above.
5.4 Term of Agreement; Renewal; Right to Substitute
Updated Agreement. This Agreement shall be effective on the Effective
Date and shall have an initial term running until the Expiration Date,
unless sooner terminated. Thereafter, if Registrar seeks to continue
its accreditation, it may apply for renewed accreditation, and shall
be entitled to renewal provided it meets the ICANN-adopted specification
or policy on accreditation criteria then in effect, is in compliance
with its obligations under this Agreement, as it may be amended, and
agrees to be bound by terms and conditions of the then-current Registrar
accreditation agreement (which may differ from those of this Agreement)
that ICANN adopts in accordance with Subsection 2.3 and Subsection 4.3.
In connection with renewed accreditation, Registrar shall confirm its
assent to the terms and conditions of the then-current Registrar accreditation
agreement by signing that accreditation agreement. In the event that,
during the Term of this Agreement, ICANN posts on its web site an updated
form of registrar accreditation agreement applicable to Accredited registrars,
Registrar (provided it has not received (1) a notice of breach that
it has not cured or (2) a notice of termination of this Agreement under
Subsection 5.3 above) may elect, by giving ICANN written notice, to
enter an agreement in the updated form in place of this Agreement. In
the event of such election, Registrar and ICANN shall promptly sign
a new accreditation agreement that contains the provisions of the updated
form posted on the web site, with the length of the term of the substituted
agreement as stated in the updated form posted on the web site, calculated
as if it commenced on the date this Agreement was made, and this Agreement
will be deemed terminated.
5.5 Addition or Deletion of TLDs for Which Registrar
Accredited. On the Effective Date, Registrar shall be accredited
according to Subsection 2.1 for each TLD as to which an appendix executed
by both parties is attached to this Agreement. During the Term of this
Agreement, Registrar may request accreditation for any additional TLD(s)
by signing an additional appendix for each additional TLD in the form
prescribed by ICANN and submitting the appendix to ICANN. In the event
ICANN agrees to the request, ICANN will sign the additional appendix
and return a copy of it to Registrar. The mutually signed appendix shall
thereafter be an appendix to this Agreement. During the Term of this
Agreement, Registrar may abandon its accreditation for any TLD under
this Agreement (provided that Registrar will thereafter remain accredited
for at least one TLD under this Agreement) by giving ICANN written notice
specifying the TLD as to which accreditation is being abandoned. The
abandonment shall be effective thirty days after the notice is given.
5.6 Resolution of Disputes Under this Agreement.
Disputes arising under or in connection with this Agreement, including
(1) disputes arising from ICANN's failure to renew Registrar's accreditation
and (2) requests for specific performance, shall be resolved in a court
of competent jurisdiction or, at the election of either party, by an
arbitration conducted as provided in this Subsection 5.6 pursuant to
the International Arbitration Rules of the American Arbitration Association
("AAA"). The arbitration shall be conducted in English and
shall occur in Los Angeles County, California, USA. There shall be three
arbitrators: each party shall choose one arbitrator and, if those two
arbitrators do not agree on a third arbitrator, the third shall be chosen
by the AAA. The parties shall bear the costs of the arbitration in equal
shares, subject to the right of the arbitrators to reallocate the costs
in their award as provided in the AAA rules. The parties shall bear
their own attorneys' fees in connection with the arbitration, and the
arbitrators may not reallocate the attorneys' fees in conjunction with
their award. The arbitrators shall render their decision within ninety
days of the conclusion of the arbitration hearing. In the event Registrar
initiates arbitration to contest the appropriateness of termination
of this Agreement by ICANN, Registrar may at the same time request that
the arbitration panel stay the termination until the arbitration decision
is rendered, and that request shall have the effect of staying the termination
until the arbitration panel has granted an ICANN request for specific
performance and Registrar has failed to comply with such ruling. In
the event Registrar initiates arbitration to contest an Independent
Review Panel's decision under Subsection 4.3.3 sustaining the Board's
determination that a specification or policy is supported by consensus,
Registrar may at the same time request that the arbitration panel stay
the requirement that it comply with the policy until the arbitration
decision is rendered, and that request shall have the effect of staying
the requirement until the decision or until the arbitration panel has
granted an ICANN request for lifting of the stay. In all litigation
involving ICANN concerning this Agreement (whether in a case where arbitration
has not been elected or to enforce an arbitration award), jurisdiction
and exclusive venue for such litigation shall be in a court located
in Los Angeles, California, USA; however, the parties shall also have
the right to enforce a judgment of such a court in any court of competent
jurisdiction. For the purpose of aiding the arbitration and/or preserving
the rights of the parties during the pendency of an arbitration, the
parties shall have the right to seek temporary or preliminary injunctive
relief from the arbitration panel or in a court located in Los Angeles,
California, USA, which shall not be a waiver of this arbitration agreement.
5.7 Limitations on Monetary Remedies for Violations
of this Agreement. ICANN's aggregate monetary liability for violations
of this Agreement shall not exceed the amount of accreditation fees
paid by Registrar to ICANN under Subsection 3.9 of this Agreement. Registrar's
monetary liability to ICANN for violations of this Agreement shall be
limited to accreditation fees owing to ICANN under this Agreement. In
no event shall either party be liable for special, indirect, incidental,
punitive, exemplary, or consequential damages for any violation of this
Agreement.
5.8 Handling by ICANN of Registrar-Supplied Data.
Before receiving any Personal Data from Registrar, ICANN shall specify
to Registrar in writing the purposes for and conditions under which
ICANN intends to use the Personal Data. ICANN may from time to time
provide Registrar with a revised specification of such purposes and
conditions, which specification shall become effective no fewer than
thirty days after it is provided to Registrar. ICANN shall not use Personal
Data provided by Registrar for a purpose or under conditions inconsistent
with the specification in effect when the Personal Data was provided.
ICANN shall take reasonable steps to avoid uses of the Personal Data
by third parties inconsistent with the specification.
5.9 Assignment. Either party may assign or
transfer this Agreement only with the prior written consent of the other
party, which shall not be unreasonably withheld, except that ICANN may,
with the written approval of the United States Department of Commerce,
assign this agreement by giving Registrar written notice of the assignment.
In the event of assignment by ICANN, the assignee may, with the approval
of the United States Department of Commerce, revise the definition of
"Consensus Policy" to the extent necessary to meet the organizational
circumstances of the assignee, provided the revised definition requires
that Consensus Policies be based on a demonstrated consensus of Internet
stakeholders.
5.10 No Third-Party Beneficiaries. This Agreement
shall not be construed to create any obligation by either ICANN or Registrar
to any non-party to this Agreement, including any Registered Name Holder.
5.11 Notices, Designations, and Specifications.
All notices to be given under this Agreement 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 Agreement shall be deemed to have been properly given
when delivered in person, when sent by electronic facsimile with receipt
of confirmation of delivery, or when scheduled for delivery by internationally
recognized courier service. Designations and specifications by ICANN
under this Agreement shall be effective when written notice of them
is deemed given to Registrar.
If to ICANN, addressed to:
Internet Corporation for Assigned Names and Numbers
Registrar Accreditation
4676 Admiralty Way, Suite 330
Marina del Rey, California 90292 USA
Attention: General Counsel
Telephone: 1/310/823-9358
Facsimile: 1/310/823-8649
If to Registrar, addressed to:
[Registrar Name]
a [organization type and jurisdiction]
[Courier Address]
[Mailing Address]
Attention: [contact person]
Registrar Website URL: [URL]
Telephone: [telephone number]
Facsimile: [fax number]
e-mail: [e-mail address]
5.12 Dates and Times. All dates and times
relevant to this Agreement or its performance shall be computed based
on the date and time observed in Los Angeles, California, USA.
5.13 Language. All notices, designations,
and specifications made under this Agreement shall be in the English
language.
5.14 Amendments and Waivers. No amendment,
supplement, or modification of this Agreement or any provision hereof
shall be binding unless executed in writing by both parties. No waiver
of any provision of this Agreement 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 Agreement 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.
5.15 Counterparts. This Agreement may be
executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the
same instrument.
5.16 Entire Agreement. Except to the extent
(a) expressly provided in a written agreement executed by both parties
concurrently herewith or (b) of written assurances provided by Registrar
to ICANN in connection with its Accreditation, this Agreement (including
the appendices, which form part of it) constitutes the entire agreement
of the parties pertaining to the accreditation of Registrar and supersedes
all prior agreements, understandings, negotiations and discussions,
whether oral or written, between the parties on that subject.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed in duplicate by their duly authorized representatives.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
By:__________________________
[Registrar Name]
By:__________________________
Name: _______________________
Title:________________________
The Internet Corporation for Assigned Names and Numbers,
a California non-profit, public benefit corporation ("ICANN"),
and [Registrar Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (".aero Appendix")
is a part.
Registrar wishes to be accredited in the .aero TLD pursuant
to and subject to the Registrar Accreditation Agreement and ICANN wishes
to accredit Registrar in the .aero TLD. Pursuant to and subject to the
Registrar Accreditation Agreement, Registrar and ICANN hereby agree as
follows:
1. Definitions. All initially capitalized terms not otherwise
defined herein shall have the definitions assigned to such terms in the
Registrar Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registration Services in the
.aero TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registration Services
in the .aero TLD.
4. Need for Agreement with Sponsor. Registrar’s obligation
under Subsection 3.1 to operate as a registrar for the .aero TLD is conditioned
upon the .aero Sponsor (designated as such by a TLD Sponsorship Agreement
with ICANN) selecting Registrar as one authorized to act as an .aero registrar
and upon an Authorizing Agreement between Registrar and the .aero Sponsor.
5. Sponsored TLD/Sponsor’s Delegated Authority. Registrar
acknowledges that the .aero TLD is a sponsored TLD, over which the .aero
Sponsor has delegated policy-formulation authority under its TLD Sponsorship
Agreement with ICANN. The scope of delegation is currently stated at <http://www.icann.org/tlds/agreements/aero/sponsorship-agmt-att2-20nov01.htm>
and includes topics that will affect the manner in which Registrar conducts
its business of registering domain names in the .aero TLD. (The delegation
includes, for example, “Practices and performance of ICANN-Accredited
Registrars selected by Sponsor with respect to Registered Names and their
registration.”) Registrar agrees to comply with the requirements
established by the .aero Sponsor within its delegated scope of policy-formulation
authority.
6. Deviations from Obligations of this Agreement Due to
Delegation. The .aero Sponsor may develop and implement a policy within
the scope of its authority granted by its TLD Sponsorship Agreement with
ICANN that requires Registrar to deviate from one or more obligations
of this Registrar Accreditation Agreement. In that event, the .aero Sponsor
will notify ICANN in writing of the policy and the manner in which the
.aero Sponsor believes that Registrar’s obligation(s) under this
Registrar Accreditation Agreement should be modified. Within thirty days
after this notification, ICANN will either:
(a) notify Registrar and the .aero Sponsor in writing
of the modification(s) to Registrar’s obligations under this
Registrar Accreditation Agreement that in ICANN’s opinion is
(are) appropriate to allow Registrar to comply with the .aero Sponsor
policy. In case of this notification by ICANN, Registrar may act in
conformity with the modified obligation(s) stated in the ICANN notification.
(b) notify Registrar and the .aero Sponsor in writing
that in ICANN’s opinion no modification of Registrar’s
obligations is appropriate. In case of this notification by ICANN,
Registrar will continue to comply with its obligations without any
modification until it is notified in writing by ICANN that a resolution
of any difference between the opinions of ICANN and the .aero Sponsor
is resolved.
IN WITNESS WHEREOF, the parties hereto have caused this
.aero Appendix to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and [Registrar
Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (".biz Appendix")
is a part.
Registrar wishes to be accredited in the .biz TLD pursuant to and subject
to the Registrar Accreditation Agreement and ICANN wishes to accredit
Registrar in the .biz TLD. Pursuant to and subject to the Registrar Accreditation
Agreement, Registrar and ICANN hereby agree as follows:
1. Definitions. All initially capitalized terms not otherwise defined
herein shall have the definitions assigned to such terms in the Registrar
Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registration Services in the
.biz TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registration Services
in the .biz TLD.
IN WITNESS WHEREOF, the parties hereto have caused this .biz Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
.COM APPENDIX
The Internet Corporation for Assigned Names and Numbers,
a California non-profit, public benefit corporation ("ICANN"),
and [Registrar Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (".com Appendix")
is a part.
Registrar wishes to be accredited in the .com TLD pursuant
to and subject to the Registrar Accreditation Agreement and ICANN wishes
to accredit Registrar in the .com TLD. Pursuant to and subject to the
Registrar Accreditation Agreement, Registrar and ICANN hereby agree as
follows:
1. Definitions. All initially capitalized terms not otherwise defined
herein shall have the definitions assigned to such terms in the Registrar
Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees to become accredited
by ICANN to provide Registration Services in the .com TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's election to become
accredited by ICANN to provide Registration Services in the .com TLD.
IN WITNESS WHEREOF, the parties hereto have caused this .com Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
ICANN and [Registrar] have entered into a Registrar Accreditation
Agreement ("RAA"), of which this .coop Appendix ("Appendix")
is a part. Pursuant to and subject to the RAA, Registrar and ICANN hereby
agree as follows:
1. Definitions. As used in the RAA (including this appendix)
with respect to the .coop TLD:
1.1 “Sponsor” refers to the entity designated as the
Sponsoring Organization for the .coop TLD by a Sponsorship Agreement
with ICANN, so long as that Sponsorship Agreement is in effect.
1.2 "Registry Operator" is the entity responsible, in accordance
with an agreement between the Sponsor (or its assignee) and that person
or entity, for providing Registry Services for the .coop TLD.
1.3 “Registry Services,” with respect to
the .coop TLD, shall have the meaning defined in the Sponsorship Agreement
in effect between ICANN and the Sponsor.
1.4 “Authorizing Agreement” refers to the Sponsor’s
standard written agreement with registrars under which they are authorized
to receive from Registry Operator Registry Services for the .coop
TLD.
1.5 “Registered Name” refers to a domain name within
the domain of the .coop TLD, whether at the second or a lower level,
about which Registry Operator (or an affiliate engaged in providing
Registry Services) maintains data in a Registry Database, arranges
for such maintenance, or derives revenue from such maintenance. A
name in a Registry Database may be a Registered Name even though it
does not appear in a zone file (e.g., a registered but inactive name).
All initially capitalized terms not otherwise defined in this Appendix
shall have the definitions assigned to such terms in the RAA.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registrar Services in the .coop
TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registrar Services
in the .coop TLD.
4. Need for Agreement with Sponsor. Registrar’s
obligation under RAA Subsection 3.1 to operate as a registrar for the
.coop TLD is conditioned upon the .coop Sponsor selecting Registrar
as one authorized to act as a .coop registrar, and upon Registrar and
the .coop Sponsor having an Authorizing Agreement in effect.
5. Sponsored TLD/Sponsor’s Delegated Authority.
Registrar acknowledges that the .coop TLD is a sponsored TLD, over which
the .coop Sponsor has been delegated policy-formulation authority under
its TLD Sponsorship Agreement with ICANN. The scope of delegation is
currently stated at <http://www.icann.org/tlds/agreements/coop/
sponsorship-agmt-att2-06nov01.htm> and includes topics that will
affect the manner in which Registrar conducts its business of registering
domain names in the .coop TLD. (The delegation includes, for example,
“Practices of ICANN-Accredited Registrars selected by Sponsor
with respect to Registered Names and their registration.”) Registrar
agrees to comply with the requirements established by the .coop Sponsor
within its delegated scope of policy-formulation authority.
6. Deviations from Obligations of this Agreement Due to
Delegation. The .coop Sponsor may develop and implement a policy within
the scope of its authority granted by its TLD Sponsorship Agreement
with ICANN that requires Registrar to deviate from one or more obligations
of this RAA. In that event, the .coop Sponsor will notify ICANN in writing
of the policy and the manner in which the .coop Sponsor believes that
Registrar’s obligation(s) under this RAA should be modified. Within
thirty days after this notification, ICANN will either:
(a) notify Registrar and the .coop Sponsor in writing
of the modification(s) to Registrar’s obligations under this RAA
that in ICANN’s opinion is (are) appropriate to allow Registrar
to comply with the .coop Sponsor policy. In case of this notification
by ICANN, Registrar may act in conformity with the modified obligation(s)
stated in the ICANN notification.
(b) notify Registrar and the .coop Sponsor in writing
that in ICANN’s opinion no modification of Registrar’s obligations
is appropriate. In case of this notification by ICANN, Registrar will
continue to comply with its obligations under the RAA without any modification
until it is notified in writing by ICANN that a resolution of any difference
between the opinions of ICANN and the .coop Sponsor is resolved.
IN WITNESS WHEREOF, the parties hereto have caused this
.coop Appendix to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
The Internet Corporation for Assigned Names and Numbers,
a California non-profit, public benefit corporation ("ICANN"),
and [Registrar Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (".info Appendix")
is a part.
Registrar wishes to be accredited in the .info TLD pursuant to and subject
to the Registrar Accreditation Agreement and ICANN wishes to accredit
Registrar in the .info TLD. Pursuant to and subject to the Registrar Accreditation
Agreement, Registrar and ICANN hereby agree as follows:
1. Definitions. All initially capitalized terms not otherwise defined
herein shall have the definitions assigned to such terms in the Registrar
Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees to become accredited
by ICANN to provide Registration Services in the .info TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's election to become
accredited by ICANN to provide Registration Services in the .info TLD.
IN WITNESS WHEREOF, the parties hereto have caused this .info Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
.MUSEUM APPENDIX
ICANN and [Registrar Name] have entered into a Registrar
Accreditation Agreement ("RAA"), of which this .museum Appendix
("Appendix") is a part. Pursuant to and subject to the RAA,
Registrar and ICANN hereby agree as follows:
1. Definitions. As used in the RAA (including this appendix)
with respect to the .museum TLD:
1.1 “Sponsor” refers to the entity designated
as the Sponsoring Organization for the .museum TLD by a Sponsorship
Agreement with ICANN, so long as that Sponsorship Agreement is in
effect.
1.2 "Registry Operator" is the entity responsible,
in accordance with an agreement between the Sponsor (or its assignee)
and that person or entity, for providing Registry Services for the
.museum TLD.
1.3 “Registry Services,” with respect to
the .museum TLD, shall have the meaning defined in the Sponsorship
Agreement in effect between ICANN and the Sponsor.
1.4 “Authorizing Agreement” refers to the
Sponsor’s standard written agreement with registrars under which
they are authorized to receive from Registry Operator Registry Services
for the .museum TLD.
1.5 “Registered Name” refers to a domain
name within the domain of the .museum TLD, whether consisting of two
or more (e.g., example.art.museum) levels, about which Registry Operator
(or an affiliate engaged in providing Registry Services) maintains
data in a Registry Database, arranges for such maintenance, or derives
revenue from such maintenance. A name in a Registry Database may be
a Registered Name even though it does not appear in a zone file (e.g.,
a registered but inactive name).
All initially capitalized terms not otherwise defined
in this Appendix shall have the definitions assigned to such terms
in the RAA.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registrar Services in the .museum
TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registrar Services
in the .museum TLD.
4. Need for Agreement with Sponsor. Registrar’s
obligation under RAA Subsection 3.1 to operate as a registrar for the
.museum TLD is conditioned upon the .museum Sponsor selecting Registrar
as one authorized to act as a .museum registrar, and upon Registrar
and the .museum Sponsor having an Authorizing Agreement in effect.
5. Sponsored TLD/Sponsor’s Delegated Authority.
Registrar acknowledges that the .museum TLD is a sponsored TLD, over
which the .museum Sponsor has been delegated policy-formulation authority
under its TLD Sponsorship Agreement with ICANN. The scope of delegation
is currently stated at <http://www.icann.org/tlds/agreements/museum/sponsorship-agmt-att2-20aug01.htm>
and includes topics that will affect the manner in which Registrar conducts
its business of registering domain names in the .museum TLD. (The delegation
includes, for example, “Practices of ICANN-Accredited Registrars
selected by Sponsor with respect to Registered Names and their registration.”)
Registrar agrees to comply with the requirements established by the
.museum Sponsor within its delegated scope of policy-formulation authority.
6. Deviations from Obligations of this Agreement Due to
Delegation. The .museum Sponsor may develop and implement a policy within
the scope of its authority granted by its TLD Sponsorship Agreement
with ICANN that requires Registrar to deviate from one or more obligations
of this RAA. In that event, the .museum Sponsor will notify ICANN in
writing of the policy and the manner in which the .museum Sponsor believes
that Registrar’s obligation(s) under this RAA should be modified.
Within thirty days after this notification, ICANN will either:
(a) notify Registrar and the .museum Sponsor in writing
of the modification(s) to Registrar’s obligations under this
RAA that in ICANN’s opinion is (are) appropriate to allow Registrar
to comply with the .museum Sponsor policy. In case of this notification
by ICANN, Registrar may act in conformity with the modified obligation(s)
stated in the ICANN notification.
(b) notify Registrar and the .museum Sponsor in writing
that in ICANN’s opinion no modification of Registrar’s
obligations is appropriate. In case of this notification by ICANN,
Registrar will continue to comply with its obligations under the RAA
without any modification until it is notified in writing by ICANN
that a resolution of any difference between the opinions of ICANN
and the .museum Sponsor is resolved.
IN WITNESS WHEREOF, the parties hereto have caused this
.museum Appendix to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
.NAME APPENDIX
The Internet Corporation for Assigned Names and Numbers,
a California non-profit, public benefit corporation ("ICANN"),
and [Registrar Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (“.name Appendix”)
is a part.
Registrar wishes to be accredited in the .name TLD pursuant
to and subject to the Registrar Accreditation Agreement and ICANN wishes
to accredit Registrar in the .name TLD. Pursuant to and subject to the
Registrar Accreditation Agreement, Registrar and ICANN hereby agree as
follows:
1. Definitions. All initially capitalized terms not otherwise
defined herein shall have the definitions assigned to such terms in the
Registrar Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registration Services in the
.name TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registration Services
in the .name TLD.
4. Data Submission. Pursuant to Subsection 3.2.1, as part
of its registration for SLD E-mail forwarding, the NameWatch Service,
and Defensive Registrations, Registrar shall submit to, or shall place
in the Registry Database operated by, the Registry Operator for the TLD
that Registry Operator, consistent with Appendix C to its Registry Agreement
with ICANN, data elements Registry Operator requires be submitted to it.
IN WITNESS WHEREOF, the parties hereto have caused this
.name Appendix to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and [Registrar
Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix (".net Appendix")
is a part.
Registrar wishes to be accredited in the .net TLD pursuant to and subject
to the Registrar Accreditation Agreement and ICANN wishes to accredit
Registrar in the .net TLD. Pursuant to and subject to the Registrar Accreditation
Agreement, Registrar and ICANN hereby agree as follows:
1. Definitions. All initially capitalized terms not otherwise defined
herein shall have the definitions assigned to such terms in the Registrar
Accreditation Agreement.
2. Registrar Election. Registrar hereby elects and agrees to become accredited
by ICANN to provide Registration Services in the .net TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's election to become
accredited by ICANN to provide Registration Services in the .net TLD.
IN WITNESS WHEREOF, the parties hereto have caused this .net Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
The
Internet Corporation for Assigned Names and Numbers, a California non-profit,
public benefit corporation ("ICANN"), and [Registrar Name],
a [organization type and jurisdiction] ("Registrar") have entered
into a Registrar Accreditation Agreement ("Registrar Accreditation
Agreement"), of which this appendix (".org Appendix") is
a part.
Registrar wishes to be accredited in the .org TLD pursuant to and subject
to the Registrar Accreditation Agreement and ICANN wishes to accredit
Registrar in the .org TLD. Pursuant to and subject to the Registrar Accreditation
Agreement, Registrar and ICANN hereby agree as follows:
1. Definitions. All initially capitalized terms not otherwise
defined herein shall have the definitions assigned to such terms in the
Registrar Accreditation Agreement. 2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registration Services in the
.org TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registration Services
in the .org TLD.
IN WITNESS WHEREOF, the parties hereto have caused this .org Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
ICANN and [Registrar] have entered into a Registrar Accreditation
Agreement ("RAA"), of which this .pro Appendix ("Appendix")
is a part. Pursuant to and subject to the RAA, Registrar and ICANN hereby
agree as follows:
1. Definitions. As used in the RAA (including this appendix)
with respect to the .pro TLD, all initially capitalized terms not otherwise
defined in this Appendix shall have the definitions assigned to such
terms in the RAA.
2. Registrar Election. Registrar hereby elects and agrees
to become accredited by ICANN to provide Registrar Services in the .pro
TLD.
3. ICANN's Acceptance. ICANN hereby accepts Registrar's
election to become accredited by ICANN to provide Registrar Services
in the .pro TLD.
IN WITNESS WHEREOF, the parties hereto have caused this
.pro Appendix to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
LOGO
LICENSE APPENDIX
The Internet Corporation for Assigned Names and Numbers,
a California non-profit, public benefit corporation ("ICANN"),
and [Registrar Name], a [organization type and jurisdiction] ("Registrar")
have entered into a Registrar Accreditation Agreement ("Registrar
Accreditation Agreement"), of which this appendix ("Logo License
Appendix") is a part. Definitions in the Registrar Accreditation
Agreement apply in this Logo License Appendix.
Registrar wishes to acquire from ICANN, and ICANN wishes to grant to
Registrar, a license to use the trademarks listed below the signature
block of this Logo License Appendix ("Trademarks") in connection
with Registrar's role as an ICANN-accredited registrar. Pursuant to and
subject to the Registrar Accreditation Agreement, Registrar and ICANN
hereby agree as follows:
LICENSE
1. Grant of License. ICANN grants to Registrar a non-exclusive, worldwide
right and license to use the Trademarks, during the term of this appendix
and solely in connection with the provision and marketing of Registrar
Services in order to indicate that Registrar is accredited as a registrar
of domain names by ICANN. Except as provided in this subsection and
Subsection 2.2 of the Registrar Accreditation Agreement, Registrar
shall not use the Trademarks, any term, phrase, or design which is
confusingly similar to the Trademarks or any portion of the Trademarks
in any manner whatsoever.
2. Ownership of Trademarks. Any and all rights in the Trademarks
that may be acquired by Registrar shall inure to the benefit of, and
are herby assigned to, ICANN. Registrar shall not assert ownership
of the Trademarks or any associated goodwill.
3. No Sublicense. Registrar shall not sublicense any of its rights
under this appendix to any other person or entity (including any of
Registrar’s resellers) without the prior written approval of
ICANN.
REGISTRATION AND ENFORCEMENT
1. Registration. Registration and any other form of protection for
the Trademarks shall only be obtained by ICANN in its name and at
its expense.
2. Enforcement. Registrar shall promptly notify ICANN of any actual
or suspected infringement of the Trademarks by third parties, including
Registrar's resellers or affiliates. ICANN shall have the sole discretion
to initiate and maintain any legal proceedings against such third
parties; Registrar shall not take any such actions without the prior
written approval of ICANN; and ICANN shall retain any and all recoveries
from such actions.
3. Further Assurances. Registrar agrees to execute such other documents
and to take all such actions as ICANN may request to effect the terms
of this appendix, including providing such materials (for example
URLs and samples of any promotional materials bearing the Trademarks),
cooperation, and assistance as may be reasonably required to assist
ICANN in obtaining, maintaining, and enforcing trademark registration(s)
and any other form of protection for the Trademarks.
TERM AND TERMINATION
This Logo License Appendix shall be effective from the date it is
signed below by both parties until the Expiration Date, unless this
appendix or the Registrar Accreditation Agreement is earlier terminated.
Each party shall have the right to terminate this appendix at any
time by giving the other party written notice. Upon expiration or
termination of this appendix, Registrar shall immediately discontinue
all use of the Trademarks.
IN WITNESS WHEREOF, the parties have caused this Logo License Appendix
to be executed by their duly authorized representatives.
ICANN
By: __________________________
|
[Registrar Name]
By: __________________________
Name:
Title:
Dated: _________________, 200__
|
TRADEMARKS:
1. ICANN Accredited Registrar
2.

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