ICANN | .ORG Registry Agreement - 8 December 2006

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.ORG Registry Agreement
Amendment No. 1

(13 February 2007)


Amendment No. 1 to .ORG Registry Agreement

Amendment No. 1 effective as of 13 February 2007 ("Amendment") to the Registry Agreement dated 8 December 2006 ("Agreement"), by and between the Internet Corporation for Assigned Names and Numbers, a not-for-profit California corporation ("ICANN"), and Public Interest Registry, a Pennsylvania non-profit corporation ("PIR"). Capitalized terms used but not defined herein shall have that meaning ascribed to them in the Agreement.

Whereas, on 22 November 2006 the ICANN Board of Directors adopted resolution 06.84 (http://www.icann.org/minutes/resolutions-22nov06.htm) and approved a proposed new registry service from PIR for an excess deletion fee on certain .ORG domain names deleted during the 5-day add-grace period.

Whereas, at such 22 November 2006 meeting of the ICANN Board of Directors, the Board authorized the ICANN President and General Counsel to implement modifications to this Agreement as deemed necessary to provide for the excess deletion fee by PIR.

Now, therefore, in consideration of the mutual agreements contained herein and intending to be legally bound hereby, the parties hereto amend the Agreement as follows:

Appendix 7, 3.1.1

Insert the words “on Exhibit A to the” before Registry-Registrar Agreement and the words “excess deletes” before “during the Add Grace Period.”

Excess Deletes: An Excess Deletion Fee will be charged pursuant to Appendix 8, Exhibit A of the Registry Agreement when the number of deleted registrations within the five-day add grace period is in excess of ninety percent (90%) of the total number of initial registrations made by the registrar over a relevant time period as determined by PIR.

Appendix 8, Exhibit A

6. Excess Deletion Fee. PIR may charge registrars a fee (the “Excess Deletion Fee”) for each Registered Name deleted within the five day add grace period (as specified in Appendix 7, Section 3.1.1 of the Registry Agreement, “Grace Period Deletes”) in the event Grace Period Deletes with respect to the relevant time period as determined by PIR are in excess of ninety percent (90%) of the total number of initial registrations made by the registrar over that time period. The time period shall be one calendar month.

The Excess Deletion Fee shall be US$.05 (five cents) per Grace Period Delete.

Except as expressly amended hereby, the Agreement and the Appendices thereto shall remain and continue in full force and effect. This Amendment may be executed in any number of counterparts, all of which together shall constitute one and the same instrument.

The parties have duly executed this Amendment as of the date first written above.

THE INTERNET CORPORATION FOR
ASSIGNED NAMES AND NUMBERS

PUBLIC INTEREST REGISTRY

By:____________________________

By:_____________________________

Name: John Jeffrey

Name: Eva Frölich

Title: General Counsel

Title: Chair, PIR Board


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