[registrars] Fw: VERY IMPORTANT Fw: [NSITestBed] Draft Exhibit B to the Registrar License and Agreement

["Ken Stubbs" <kstubbs@dninet.net>]

----- Original Message -----
From: Ken Stubbs <kstubbs@dninet.net>
To: <Registrar@registrar.icann.org>
Sent: Wednesday, August 04, 1999 7:24 PM
Subject: VERY IMPORTANT Fw: [NSITestBed] Draft Exhibit B to the Registrar
License and Agreement


> hello out there...
>
> i am forwarding this to you all for your review & comment. i want all of
you
> to know that  I find it "QUITE DISCONCERTING" that  the post-testbed
> registrars have not been "brought into the process" more closely. this
item
> doesn't violate any  non-disclosure agreement  that  CORE  or i personally
> may have with NSI so i was eager to pass it on to you all as soon as i
> received it.
>
> i would strongly suggest that if you have any comments on this item you
> might forward them to becky burr
>
> if any of you have any questions i can answer for you... please do not
> hesitate to contact me
>
> best wishes to you all...
>
> ken stubbs
>
> ----- Original Message -----
> From: Graves, Dave <daveg@netsol.com>
> To: 'Testbed List' <testbed@nsiregistry.com>
> Sent: Wednesday, August 04, 1999 6:30 PM
> Subject: [NSITestBed] Draft Exhibit B to the Registrar License and
Agreement
>
>
> > Scott Hollenbeck advised me that my original email went out with an
> unusable
> > attachment, so I am deleting the attachment and pasting the text of the
> > attachment directly to the bottom of my email.  I apologize for any
> > inconvenience this may have caused.
> >
> > To those who participated in Monday's teleconference regarding
"transfer"
> > procedures, attached is a revised Exhibit B to the Registrar License and
> > Agreement.  Please send me your comments not later than 12:00 pm
(Eastern
> > Time) Thursday so that I may incorporate them into the document before
> > sending it along to Becky Burr as part of our discussions about the
> > post-testbed Registrar License and Agreement.
> >
> > You will note that "non payment" is no longer a reason to refuse a
> > "transfer" request.  The 60 day "not subject to transfer" period after a
> new
> > registration agreement is executed should be sufficient time for a
> Registrar
> > to collect any amounts due.
> >
> > In reviewing the notes from the March meeting of the Registry Advisory
> Board
> > (RAB), the RAB was very concerned that there could be several legitimate
> > reasons why a losing Registrar would not respond to the "transfer"
> > notification.  For example, an email could get "hung up" or not
delivered
> by
> > an email server, or a Registrar may be closed for several days due to a
> > local holiday or a "transfer" notification could be overlooked by
someone
> > filling in for a sick or vacationing employee.  The RAB felt that a
change
> > of Registrar was such a significant event that the default condition for
a
> > non-response from the losing Registrar should be a "NAK" or
"disapproval."
> > Hence, their strong and unanimous recommendation that the default be
> "NAK."
> >
> > Dave
> >
> > Exhibit B
> >
> > Changes in Sponsoring Registrar by SLD
> > Holders
> >
> > REGISTRAR REQUIREMENTS:
> >
> > The registration agreement between each Registrar and its
> > SLD holder shall include a provision explaining that a SLD holder will
be
> > prohibited from changing its Registrar during the first 60 days of the
> > agreement's period of performance.
> >
> > For each instance when an SLD holder wants to change its
> > Registrar for an existing domain name (i.e., a domain name that appears
in
> a
> > particular top-level domain zone file), the gaining Registrar shall:
> >
> > 1) Obtain express authorization from an individual who
> > has the apparent authority to legally bind the SLD holder (as reflected
in
> > the database of the losing Registrar).
> >
> > a) The form of the authorization is at
> > the discretion of each gaining Registrar.
> >
> > b) The gaining Registrar shall retain a
> > record of reliable evidence of the authorization.
> >
> > 2) In those instances when the Registrar of record is
> > being changed simultaneously with a transfer of a domain name from one
> party
> > to another, the gaining Registrar shall also obtain appropriate
> > authorization for the transfer.  Such authorization shall include, but
not
> > be limited to, one of the following:
> >
> > a) A bilateral agreement between the
> > parties.
> >
> > b) The final determination of a binding
> > dispute resolution body.
> >
> > c) A court order.
> >
> > 3) Request, by the transmission of a "transfer" command
> > as specified in the Registry Registrar Protocol, that the Registry
> database
> > be changed to reflect the new Registrar.
> >
> > a) Transmission of a "transfer" command
> > constitutes a representation on the part of the gaining Registrar that
(1)
> > the requisite authorization has been obtained from the SLD holder listed
> in
> > the database of the losing Registrar, and (2) the losing Registrar will
be
> > provided with a copy of the authorization if and when requested.
> >
> > In those instances when the Registrar of record denies the
> > requested change of Registrar, the Registrar of record shall notify the
> > prospective gaining Registrar that the request was denied and the reason
> for
> > the denial.
> >
> > 1) Instances when the requested of
> > change of Registrar should be denied include, but are not limited to,
when
> a
> > domain name is the subject of:
> >
> > * Litigation
> > * Trademark/domain name dispute, if the Registrar's dispute policy has
> > been invoked
> > * Bankruptcy
> > * Dispute over the identity of the registrant
> >
> > In all cases, the losing Registrar shall respond to the
> > email notice regarding the "transfer" request within five (5) days.
> Failure
> > to respond will result in a default "approval" of the "transfer."
> >
> > REGISTRY REQUIREMENTS:
> >
> > Upon receipt of the "transfer" command from the gaining
> > Registrar, the Registry will transmit an email notification to both
> > Registrars.
> >
> > The Registry shall complete the "transfer" if either (1) the
> > losing Registrar expressly "approves" the request or (2) the Registry
does
> > not receive a response from the losing Registrar within five (5) days.
> >
> > When the Registry's database has been updated to reflect the
> > change to the gaining Registrar, the Registry will transmit an email
> > notification to both Registrars.
> >
> > TRANSFER FEE:
> >
> > Each change of Registrar shall be subject to a fee to the
> > Registry equal to a one-year re-registration fee.  The Registry shall
> extend
> > the registration expiration date by one year.
> >
> > RECORDS OF REGISTRATION:
> >
> > Each SLD holder shall maintain its own records appropriate
> > to document and prove the initial domain name registration date,
> regardless
> > of the number of Registrars with which the SLD holder enters into a
> contract
> > for registration services.
> > ---------
> > Participants on the NSI testbed list are requested to not cross-post
> messages.
> >
>
>