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[wg-a] Registrars' DRP: one reaction
PSA one of the first reactions to the proposed AOL/register.com DRP. For your
info, Jason Hendeles is Ěthe money behind AlterNIC". Mikki barry is a member
of DNRC and ORSC.
But waht it shows, besides the concrete DRP, which says little, is that the
likelihood to have a uniform registrar-based DRP is not high. "Most"
registrars might be reasonable organisations understianding why it is needed,
but unless we go the "registry-based" approach we will always face a certain
degree of lonely players. Ie, a fair degree of forum shopping, and all related niceties.
Jason Hendeles wrote:
To All Registrars:
Please find enclosed a draft Domain Name Dispute Policy that was prepared by
A Technology Company, Inc. and Mikki Barry. While, we appreciate the efforts
of AOL and Register, we have already put considerable effort into developing
our own agreement. We we be pleased to accept any comments or suggestions.
Alternatively, we will begin to review the Skadden draft.
NOTE: I do not feel that our agreement (the combine registrar
document)should in any way assume any form of direct responsibility. We
should be deferring all legal precedent and resolution process to WIPO and
the appropriate National and International judicial systems entirely.
A Technology Company, Inc.
DOMAIN NAME REGISTRATION AGREEMENT
B. FEES & PAYMENTS
C. DISPUTE POLICY
D. DISPUTE POLICY CHANGES OR MODIFICATIONS
G. LIMITATION OF LIABILITY
J. NO GUARANTEE
K. RIGHT OF REFUSAL
N. GOVERNING LAW
O. ACCEPTANCE OF THE AGREEMENT
This domain name registration agreement ("Registration
submitted to A TECHNOLOGY COMPANY, INC. ("ATC") for the
purpose of applying
for and registering a domain name on the Internet. If this
Agreement is accepted by ATC, and a domain name is
registered in ATC's
domain name database and assigned to the Registrant ("You"),
You agree to be bound by the terms of this Registration
Agreement and the
terms of ATC's Domain Name Dispute Policy ("Dispute Policy")
which is a part
of this Registration Agreement. You must agree to both the
Dispute Policy and the Registration Agreement. If Your
registration is accepted by ATC, the legal place for the
formation of our
contractual relationship will be the offices of ATC.
B. FEES & PAYMENTS
You must have paid our fees and agreed to the Registration
Dispute Policy before ATC will register Your Domain Name.
Once ATC registers
the Domain Name, it will be resolved in the ATC Root Tables.
You agree to
pay a registration fee of Seventy Five US Dollars (US$75) as
for the registration of each new domain name for the first
two (2) years, or
Thirty Five US Dollars (US$35) to renew an existing
registration for a
covering period of one (1) year. The payment may be made
directly to "A TECHNOLOGY COMPANY, INC.", or indirectly to
ATC through Your
Internet Service Provider ("ISP") if Your ISP has entered
into an agreement
with ATC to do so.
After the first thirty days, the Domain Name registration
non-refundable. The fees include any permitted modifications
to the Domain
Name record during the covered period.
If the Registrant decides to cancel the Domain Name within
thirty (30) days
after the Domain Name is resolved by the ATC Root Tables,
All fees will be
refunded, and the Domain Name registration will be cancelled.
C. DISPUTE POLICY
You specifically agree as a condition to submitting this
Agreement, that You will be bound by both the Registration
ATC's current Dispute Policy. The Dispute Policy can be found at:
D. DISPUTE POLICY CHANGES OR MODIFICATIONS
You agree that ATC can modify this Dispute (which is a part
Registration Agreement and is specifically agreed to as a
registration of a Domain Name) from time to time. If You
choose to continue
Your Domain Name registration after any modification of the
automatically accept these modifications. If You disagree,
or find the
modifications unacceptable, You can request that the Domain
registration be cancelled. Cancellation will delete the
domain name from
You agree that even if You registered a Domain Name through
an Agent, You
will still be bound by the Dispute Policy and Registration
Agreement, as if
You had registered the Domain Name directly through ATC. An
Agent is an
individual, corporation or organisation who registers a
domain name on
behalf of a third party. The Agent of a domain name hold's
no rights over a
domain name holder and must hold ATC harmless for any actions it may take.
F. LIMITATION OF LIABILITY
You agree that ATC will not be liable to You for any loss
You may suffer in
connection with ATC's processing of this Registration
Agreement, or any
authorised modifications to Your Domain Name record during
period. You also agree that if You incur a loss as a result
of Your ISP or
agent's failure to pay the registration or renewal fees, or
if You incur a
loss because of the Dispute Policy, ATC will not be liable
for those losses,
or for any consequential or special damages, even if You
inform us of the
possibility of damages before hand. You agree that in no
event will ATC's
maximum liability for any matter under this Agreement of the
exceed two hundred ninety nine and 00/100 U.S. dollars (US$299.00).
You agree that if ATC accepts Your Registration Agreement
and any dispute
arises with anyone else regarding Your registration or use
of a Domain Name
whether due to Your World Wide Web content, defamatory
unlawful file transfers, or for any other reason, You agree
to indemnify and
hold ATC harmless for any damages awarded, for our legal
fees, or any other
costs ATC incurs defending itself, pursuant to the terms and
contained in both this Registration Agreement, and the Dispute Policy.
You agree that Your failure to abide by any provision of
Agreement or the Dispute policy will be a material breach,
and ATC may
provide You with a written notice describing the breach. If
(30) days of mailing this notice to You, if You fail to
which is reasonably satisfactory to ATC that You have not
obligations, we may delete Your Domain Name registration
notice. Any such breach will not be deemed to be excused
even if ATC does
not act earlier in response to that or any other breach by You.
You warrant, by submitting this Registration Agreement, that
to the best of
Your knowledge and belief, the information contained in Your
true and correct, and that if this information changes in
the future, You
will provide the new information to ATC in a timely manner
according to the
Domain Name modification procedures in place at that time.
Breach of this
warranty will constitute a material breach of this
and ATC can delete Your Domain Name registration. If ATC
finds out that You
have provided misleading information or if You conceal or
information ATC would likely consider material to its
decision to approve
this Registration Agreement either during initial
subsequent modification(s), ATC may delete Your Domain Name.
J. RIGHT OF REFUSAL
ATC, in its sole discretion, may refuse Your registration
for a Domain Name
if it believes that this registration may damage ATC. You
agree that by
merely submitting a Registration Agreement, ATC is not
obliged to accept it
and register You a Domain Name. You also agree that if ATC
chooses not to
register the Domain Name, ATC will not be liable for loss or
may result. If ATC rejects Your Registration Agreement, You
will be notified
of the reasons for the rejection, and You may ask ATC for reconsideration.
You agree that the terms of this Registration Agreement and
Domain Name Dispute Policy are severable. If any term or
declared invalid by a court of competent jurisdiction, it
will not affect
the remaining terms or provisions, which shall continue to
be binding on
You agree that this Registration Agreement and the Dispute
the complete and exclusive agreement between You and ATC
registration of Your Domain Name. This Registration
Agreement and the
Dispute Policy supersede all prior agreements and
established by custom, practice, policy, or precedent.
M. GOVERNING LAW
You agree that this Registration Agreement shall be governed
in all respects
by and construed in accordance with the laws of the Province
Canada. By submitting this Registration Agreement, You agree
exclusive jurisdiction and venue residing in the Toronto
District Court for
the Province of Ontario, Canada. If subject matter
jurisdiction is improper
Toronto District Court, You agree that venue and
jurisdiction shall be in
the Federal Court of Ontario, Ottawa, Canada.
N. ACCEPTANCE OF THE AGREEMENT
This is Domain Name Registration Agreement Version Number 1.
Registration Agreement is for registrations under the
domains: "COM", "ORG", "NET", and "EDU". By completing and
Registration Agreement for consideration and acceptance by
Registrant agrees that
he/she has read and agrees to be bound by both this
Agreement in its
entirety, and the attached Domain Name Dispute Policy.
of this agreement is legally binding upon receiving and
activation of the
second-level domain name.
A TECHNOLOGY COMPANY
DOMAIN NAME DISPUTE POLICY
A Technology Company. ("ATC") is responsible for the registration of
second-level Internet domain names in the generic top level domains
".ORG," ".NET" and ".EDU." ATC registers these second-level domain
within on a "first come, first served" basis. By registering a
directly or through the appropriate country code registrar. ATC does
assume responsibility for determining the legality of domain name
registrations, or otherwise evaluate whether that registration or
infringe upon the rights of a third party.
2. Registrant's warranties
The entity applying for a domain name ("You") are solely responsible
selecting Your own domain name and ensuring the continued accuracy
registration record. By completing and submitting the Domain Name
Registration Agreement ("Registration Agreement"), You represent
statements in its application are truthful, and You agree to keep
3. Neutrality of ATC
ATC neither acts as arbiter nor provides resolution of disputes
registrants and third party complainants arising out of the
use of a domain name. This Domain Name Dispute Policy ("Policy")
confer any rights, procedural or substantive, upon third party complainants.
Likewise, complainants are not obligated to use this Policy.
4. No Limitation on ATC's Procedures
This Policy does not limit the administrative or legal procedures
use when third party conflicts arise that directly involve ATC, or
is presented with information that a domain name violates the legal
of a third party, including, but not limited to, information that
display or use of the domain name is expressly prohibited by a
federal statute or regulation.
You acknowledges and agrees that ATC may modify or amend this Policy
time to time, and that such changes are binding upon the registrant.
will post the revised Policy at [*fill in here*] at least fifteen (15)
calendar days before it becomes effective.
You agrees to defend, indemnify and hold harmless ATC, its officers,
directors, employees and agents for any loss or damages awarded by a
of competent jurisdiction resulting from any claim, action, or
arising out of or related to the registration or use of the domain name.
Such claims shall include, without limitation, those based upon
service mark infringement, tradename infringement, dilution,
interference with contract or prospective business
advantage, unfair competition, defamation or injury to business
ATC shall send written notice to the You of any such claim, action,
demand against that party within a reasonable time. You also agree
written notice to ATC of any such claim, action, or demand within a
reasonable time. Your failure to notify ATC, however, does not
of Your obligations under this Dispute Policy, or under the
Agreement. ATC recognises that certain educational and governmental
may not be able to provide complete indemnification. If You are (I)
governmental or non-profit educational entity, and (ii) not
permitted by law
or under Your organisational documents to provide indemnification,
notify ATC in writing and, upon receiving appropriate proof of such
restriction, ATC may provide an alternative provision for such a registrant.
You agree that ATC shall have the right in its sole discretion to
suspend, transfer or otherwise modify a domain name registration
(10) calendar days prior written notice, or immediately and without
if ATC receives a properly authenticated order from a court of
jurisdiction, or arbitration award, requiring the revocation,
transfer or modification of the domain name registration.
You agree that ATC will not be liable for any loss of registration
of Your domain name, or for interruption of business, or any
special, incidental, or consequential damages of any kind (including
profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if ATC has been advised
possibility of such damages. In no event shall ATC' maximum
two hundred ninety nine and 00/100 U.S. dollars (US$299.00).
All notices between You and ATC permitted or required under this
shall be in writing and shall be delivered by personal delivery,
delivery, facsimile transmission, e-mail delivery and/or by first
mail, and shall be deemed served upon delivery, transmission, or seven (7)
calendar days after deposit, whichever occurs first. Initial notices
be sent to the domain name registrant at the address of the domain
registrant listed in ATC's WHOIS database.
Nothing contained in this Policy shall be construed as creating any
partnership, or other form of joint enterprise between the parties.
The failure of ATC to require Your performance of any provision of
the Dispute Policy or the Registration Agreement, shall not affect
right to require performance at any time thereafter; nor shall the
ATC of a breach of any provision be taken or held to be a waiver of