Exhibit 10.1
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 DomainPeople, Inc., a Delaware corporation
("Registrar"), and shall be deemed made on August 17, 2000, 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 August 17, 2000.
1.4 The "Expiration Date" is August 16, 2005.
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., xxxx.xxxxx.xxxx) 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 DomainPeople, Inc., 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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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,
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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
(xxx.xxxxx.xxx/xxxxxxx/xxxxxxxxx-xxxxxxxx.xxx).
3.9 Accreditation Fees. As a condition of accreditation, Registrar shall
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pay accreditation fees to ICANN. These fees consist of yearly and variable
fees.
3.9.1 Yearly Accreditation Fee. Registrar shall pay ICANN a
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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
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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
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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
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Specifications and Policies. During the Term of this Agreement,
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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
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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., "xxxxxxx.xxx" 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
(xxx.xxxxx.xxx/xxxxxxx/xxxxxxxxx-xxxxxxxx.xxx) 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 inconnection 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'saggregate 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 underthis 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
0000 Xxxxxxxxx Xxx, Xxxxx 000
Xxxxxx xxx Xxx, Xxxxxxxxxx 00000 XXX
Attention: General Counsel
Telephone: 1/310/000-0000
Facsimile: 1/310/823-8649
If to Registrar, addressed to:
DomainPeople, Inc.
a Delaware corporation
000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 0000
Xxxxxxxxx, X.X. X0X 0X0
Xxxxxx
Attention: Xxxxxxxxxxx Xxxx
Registrar Website URL: xxx.xxxxxxxxxxxx.xxx
Telephone: 000-000-0000 Ext. 116
Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
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: /s/ M. Xxxxxx Xxxx
---------------------
M. Xxxxxx Xxxx
President and CEO
DomainPeople, Inc.
By: /s/ Jag X. Xxxxxx
--------------------
Name: Jag X. Xxxxxx
Title: General Counsel
--------------------------------------------------------------------------------
.BIZ APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
------------------
Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: August 15, 2001 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: May 28, 2001
.COM APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
------------------
Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: August 15, 2001 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: May 28, 2001
.INFO APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
------------------
Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: August 15, 2001 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: May 28, 2001
.NET APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
------------------
Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: August 15, 2001 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: May 28, 2001
.ORG APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
------------------
Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: August 15, 2001 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: May 28, 2001
.NAME APPENDIX
The Internet Corporation for Assigned Names and Numbers, a California
non-profit, public benefit corporation ("ICANN"), and DomainPeople, Inc., a
Delaware corporation ("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.
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS DomainPeople, Inc.
0000 Xxxxxxxxx Xxx, Xxxxx 000 555 West Hastings Street, Suite 1440
Marina del Rey, California 90292 USA Xxxxxxxxx, X.X. X0X 0X0
Telephone: 1/310/000-0000 Canada
Facsimile: 1/310/823-8649
Attention: Xxxxxxxxxxx Xxxx
By: /s/ M. Xxxxxx Xxxx
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Name: M. Xxxxxx Xxxx Registrar URL: xxx.xxxxxxxxxxxx.xxx
Title: President and CEO
Telephone: 000-000-0000 Ext. 116
Dated: February 28,2002 Facsimile: 000-000-0000
e-mail: xxxx@xxxxxxxxxxxx.xxx
By: /s/ Jag X. Xxxxxx
-----------------
Name: Jag X. Xxxxxx
Title: General Counsel
Dated: October 19, 2001
