[registrars] Proposed Draft Contract Language

["Michael D. Palage" <michael@palage.com>]

Hello All:

Several registrars have raised concerns about the registry contractual
restrictions associated with the new TLDs and how to incorporate these
provisions into their registrant agreement.  As I mentioned previously there
are two approaches to solve this problem. The first is to try to incorporate
each new registry provision into the existing framework of your current
agreement. The second is to create a separate section/addendum for each new
registry requirement. I believe the latter is the more preferred solution as
it provides more scalability for future TLDs that will potentially have more
onerous restrictions, i.e. .NAME, .PRO, .AERO, etc.

I have spoken with Moshe at Afilias and Jeff at NeuLevel and I believe some
of the contract language listed below will meet the contractual requirements
that each registry is seeking. Please note that neither registry has
"approved" this language. This proposed language is based on my personal
interpretation of the contractual requirements that each registry entered
into with ICANN. Please have your legal representatives review this
suggested language to make sure that it is protects your company's best
interest. Please provide any constructive comments to the list based upon
feedback from your legal staff or the registries themselves.

Best regards,

Mike


PROPOSED LANGUAGE

Section X. Additional Registry Requirements

Listed below are additional contractual requirements that you the registrant
must agree to should you desire to register a domain name in these
registries.


A. (.INFO) Should you seek to registrar a .INFO second level domain name,
registrant must contractual agree to the following terms:


1. Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's
Personal Data by Afilias, the .INFO Registry Operator, and its designees and
agents in a manner consistent with the purposes specified pursuant in its
contract.

2. Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Name Dispute Policy (UDRP) and comply with the requirements set forth by
Afilias for domain names registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies are subject to
modification.

3. Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term for the
Registered Name, failure to correct this information shall constitute a
breach of this Agreement.

4. Registrant acknowledges that Afilias, the registry operator for .INFO,
will have no liability of any kind for any loss or liability resulting from
the proceedings and processes relating to the Sunrise Period or the Land
Rush Period, including, without limitation: (a) the ability or inability of
a registrant to obtain a Registered Name during these periods, and (b) the
results of any dispute over a Sunrise Registration.

5. Registrar and Afilias, the registry operator for .INFO, expressly reserve
the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Afilias as well as their
affiliates, subsidiaries, officers, directors and employees.  Registrar and
Afilias also reserve the right to freeze a domain name during resolution of
a dispute


B. (.BIZ) Should you seek to register a .BIZ second level domain name,
registrant must contractual agree to the following terms:

1.	BIZ RESTRICTIONS.   Registrations in the .biz TLD must be used or
intended to be used primarily for bona fide business or commercial purposes.
For purposes of the .biz Registration Restrictions ("Restrictions"), "bona
fide business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users to access one or more
host computers through the DNS:
a)	To exchange goods, services, or property of any kind;
b)	In the ordinary course of trade or business; or
c)	To facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or
leasing the domain name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation shall not constitute a
"bona fide business or commercial use" of that domain name.

2.	BIZ CERTIFICATION.  As a .biz domain name registrant, you hereby
certify to the best of your knowledge that:
(a)  	The registered domain name will be used primarily for bona fide
business or commercial purposes and not (i) exclusively for personal use; or
(ii) solely for the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to sell, trade or
lease the domain name for compensation.  For more information on the .biz
restrictions, which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
(b)	The domain name registrant has the authority to enter into the
registration agreement; and
(c)	The registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.

3. 	PROVISION OF REGISTRATION DATA.

3.1. 	Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to update this
information to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail address, voice telephone
number, and fax number if available; (ii) the name of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameserver(s) for the domain name; (iv) the
corresponding names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the
billing contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois directory. You agree
and understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by
ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN
Agreement.

3.2	Inaccurate or Unreliable Data.  You hereby represent and warrant
that the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all the
information provided up to date. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update information
provided to us, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect to an
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account, shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.

4.	DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz
domain name through us, you agree to be bound by our current domain name
dispute policy that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize yourself with that policy.
In addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following documents, as
they may be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement:
(i)	The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii)	The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii)	The Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name ("Registrant") with any third
party (other than Registry Operator or Registrar) over the registration or
use of a .biz domain name registered by Registrant that is subject to the
Intellectual Property Claim Service.  The Intellectual Property Claim
Service a service introduced by Registry Operator to notify a trademark or
service mark holder ("Claimant") that a second-level domain name has been
registered in which that Claimant claims intellectual property rights. In
accordance with the STOP and its associated Rules, those Claimants will have
the right to challenge registrations through independent ICANN-accredited
dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry Operator or
Registrar over the registration and use of an Internet domain name
registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name
is not used primarily for business or commercial purposes shall be enforced
on a case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions will be
enforced directly by or through Registry Operator. Registry Operator will
not review, monitor, or otherwise verify that any particular domain name is
being used primarily for business or commercial purposes or that a domain
name is being used in compliance with the SUDRP or UDRP processes.

5. 	DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our
sole discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy
become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate this
Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.

6.	DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject to
the provisions specified in our dispute policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms
and conditions set forth below in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your registration and use
of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your
registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us.

7.	RESERVATION OF RIGHTS.  [Registrar] and the .biz Registry Operator,
NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of [Registrar] and/or NeuLevel, Inc., as well as thier
affiliates, subsidiaries, officers, directors and employees.  [Registrar]
and NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.