ICANN Services to ccTLD Working Group

Draft Contract for Services between ccTLD Managers and ICANN

(Working document not completed)

Definitions

Domain name
Registry
Web site
Mailing list
URL
IP address
TLD, ccTLD
Data Controller
Root Server Database
(World) Root Servers
(authoritative) name server
Local Internet Community
Local Law

Draft Recitals

Obligation of ICANN

1.

ICANN maintains and will continue to maintain in the Root Database an entry for the TLD, containing the following data which will be supplied by The Manager from time to time:

1.1

the identity of the Manager.

1.2

the postal, e-mail, facsimile and telephonic addresses of The Manager;

1.3.

a URL pointing at the Web Site maintained by The Manager under clause xx; and

1.4.

the IP addresses and Fully Qualified Domain Names of (REM at least 13 ENDREM) authoritative Name Servers for the TLD which The Manager will specify from time to time.

2.

The Root Database Records will be maintained accurately by a designated Data Controller under appropriate security measures as defined in Schedule 1 and updated from time to time. These records will be made publicly available by ICANN as authoritative. ICANN will effect any such changes on the request of the Manager within the timescales set out in Schedule 1.

3.

3.1

ICANN will, either directly with its own staff, or otherwise by means of sub-contract, cause to be operated World Root Servers containing the appropriate entries for the TLD derived from the data held by ICANN in the Root Database. These World Root Servers will at all times be connected to the Internet and available to resolve domain name queries at the addresses listed in Schedule 2.

3.2

The Zone Files required by these World Root Servers shall be re-generated within 24 hours of any change to the Root Database entries.

4.

ICANN (REM shall publish monthly reports including ENDREM) (ADD agrees to maintain a website and a mailing list which shall include monthly reports of its services and ccTLD related items including ENDADD):

rate of capacity utilisation;
occurrence of failures and break-downs and corrective action taken;
ICANN performance and response times in respect of services executed;
number and location of root servers.

Obligations of The Manager

5.

The Manager agrees to operate a registry for the TLD in accordance with best practice. as adopted by the Manager and documented in Schedule 3. The Manager will publish this document on its Web site.

6.

The Manager agrees to maintain in a competent manner a set of TLD Name Servers containing the appropriate Zone files for the TLD.

7.

The Manager agrees to notify to ICANN within five (5) working days any changes relating to its entry in the Root Database.

8.

The Manager agrees to maintain a Web site which includes details of itself, its procedures, rules and other such information required to register a domain name. (ADD For non English sites, basic information , in English, shall also be published. ENDADD)

9.

The Manager agrees to pay $xx per year to ICANN (ADD subject to review and negotiation every NN years ENDADD). For the avoidance of doubt the parties agree that this is not a licence fee.

Remedies for Breach by ICANN

10.

In case of breach by ICANN of any of the clauses of this Agreement, the Manager will have the right to demand of ICANN enforcement of the clause and may claim damages incurred due to breach of the Agreement.

Remedies for Breach by The Manager

11.

If The Manager is in breach of its obligations under this contract, including its obligation to pay the appropriate fee, ICANN will as soon as practicable open discussions with the Manager with a view to making arrangements either to remedy the breach or to agree in writing variations of the terms of this agreement.

12.

12.1

ICANN shall use its best efforts to contact the manager.

12.2

If The Manager is not contactable, fails to respond to reasonable requests by ICANN to discuss the breach, or fails within a reasonable time to remedy the breach under this or any revised agreement, ICANN may give notice that unless within 28 days the breach is remedied it will seek to identify an alternative manager after which it may terminate this Agreement on written notice to the Manager.

Duration

13.

This contract is without time limit.

Termination

(ADD There are two possibilites, 1) if contract terminates, but status is as if was before the contract, i.e. the manager continues to operate. 2) the operator decides to stop business. The following address the second. ENDADD)

14.

(ADD Upon cessation of operation as a ccTLD Manager ENDADD), the Manager agrees that it will transfer the Database Rights in the TLD, second or further level domains. (ADD to its successor or to ICANN in the absence of an immediate successor. ENDADD)

15.

The Manager may terminate this Agreement, (ADD with or without cessation of operations ENDADD), providing at least 6 months notice.

Notices

All the things about who and how notices given.

Variation and Re-assignment

16.

This Agreement may only be varied by agreement of both parties in writing.

17.

This Agreement may only be re-assigned by either party with the explicit written agreement of the other not to be unreasonably withheld or delayed.

Jurisdiction

18.

To be further discussed

Applicable law

19.

To be further discussed.