Signed November 10,
1999)
(Posted November 10,
1999)
Amendment 19 to
Cooperative Agreement
# NCR 92-18742
I.
GENERAL
A.
Definitions
1) The "Expiration Date" is the
date specified in Section I.B.10 below.
2) "Accredited Registrar" means an
individual or entity accredited by ICANN, or another
entity designated by the Department of Commerce, to
provide registrar services in the Registry
TLDs.
3) "ICANN" refers to the Internet
Corporation for Assigned Names and Numbers, and its
successors and assigns.
4) "NSI" refers to Network
Solutions, Inc., and its successors and
assigns.
5) "Other Services" means all
services provided by NSI under this Cooperative Agreement
other than Registrar Services or Registry Services,
including specific obligations of NSI under Section I
(B)below
and the provisions in Amendment 11 to this Agreement
labeled "Assistance to NewCo," "Root Servers," "Existing
NSI Customers," and "New Contracts."
6) "Personal Data" refers to data
about any identified or identifiable natural
person.
7) "Registrar Accreditation
Agreement" means the ICANN-NSI Registrar Accreditation
Agreement entered into contemporaneously with this
Agreement amendment,
as it may be amended from time to time.
8) "Registrar Services" mean
services provided under this Cooperative Agreement of the
type provided by NSI under the Registrar Accreditation
Agreement.
9) "Registry Agreement" means the
ICANN-NSI Registry Agreement entered into
contemporaneously with this Agreement, as it may be
amended from time to time.
10) "Registry Data" means all data
maintained in electronic form in the registry database,
and shall include Zone File Data, all data submitted by
registrars in electronic form, and all other data
concerning particular registrations or nameservers
maintained in electronic form by the registry.
11) "Registry Services" means all
services provided under this Cooperative Agreement of the
type provided by NSI under the Registry
Agreement.
12) "Registry TLDs" refers to the
.com, .net, and .org TLDs.
13) "SLD" refers to a second-level
domain in the Registry TLDs.
14) "Term of this Agreement" runs
through the earlier of the expiration or termination of
this Amendment.
15) "TLD" refers to a top-level
domain in the Internet domain name system.
16) "Zone File Data" means all data
contained in domain name system zone files for the
Registry TLDs as provided to TLD nameservers on the
Internet.
B.
Agreements
The Department of Commerce and NSI
agree as follows:
1. ICANN as NewCo
NSI recognizes ICANN as NewCo in
accordance with the provisions of Amendment 11.
The
term "ICANN" shall replace
the term "NewCo" wherever such reference appears in
Amendment 11 to the Cooperative
Agreement.
2. NSI Relationship with
ICANN
A. NSI shall enter into the
Registry Agreement (Appendix 1) and the Registrar
Accreditation Agreement (Appendix 2). NSI's
obligations under the Cooperative Agreement with
respect to Registry Services and Registrar Services
shall be satisfied by compliance with the Registry
Agreement and the Registrar Accreditation Agreement,
respectively, for so long as those Agreements
(including any renewals of those agreements) are in
effect (as determined by the dispute resolution
procedures and termination provisions of those
Agreements). NSI's obligations under the Cooperative
Agreement with respect to Other Services (and Registry
Services following the expiration or termination by
NSI pursuant to Section 14 of the Registry Agreement )
shall be satisfied by compliance with
the
Cooperative Agreement this
Agreement as amended.
B. If the Registry Agreement is
terminated by ICANN for cause pursuant to Section 14
of that agreement, the Department of Commerce shall be
entitled under Section I.B.8 below to terminate NSI's
obligation to provide Registry Services under the
Cooperative Agreement.
C. If the Registrar
Accreditation Agreement is terminated by ICANN for
cause pursuant to Section II.N of that agreement, the
Department of Commerce shall be entitled under Section
I.B.8 below to terminate NSIís obligation to
provide Registrar Services under the Cooperative
Agreement.
D. If the Registry Agreement and
the Registrar Accreditation Agreement are both
terminated by ICANN for cause pursuant to Section 14
and Section II.N of those agreements respectively,
NSI's obligations to provide Registry Services,
Registrar Services, and Other Services under the
Cooperative Agreement shall terminate upon 90 days
notice by either party of its intention to terminate
such services.
E. NSI shall only accept
registrations in the Registry TLDs from Accredited
Registrars.
3. InterNIC
A. Within six months from the
effective date of this Amendment (the "Transition
Period"), NSI shall transfer the internic.com,
internic.org and internic.net SLD names to the
Department of Commerce. Beginning
within twenty-one days of this amendment and until NSI
has completed such transfer, NSI shall provide port 43
Whois access to registry data through rs.internic.net.
Such Whois service shall return, in addition to the
requested registry data, a message stating: "Domain
names in the .com, .net, and .org domains can now be
registered with many different competing registrars.
Go to http://www.internic.net for detailed
information."
B. Until such time as NSI has
completed such transfer, NSI in its capacity as
registry shall maintain and operate the InterNIC
website on behalf of the Department of Commerce, with
content approved by the Department of Commerce, as a
neutral stand alone web page that shall provide a
public directory of all accredited registrars and
associated contact information (including hotlinks)
and other information regarding domain name
registration services as directed by the Department of
Commerce. NSI shall activate any substitute web pages
supplied in HTML format by the Department of Commerce,
during this period, within three business days of its
receipt of the substitute web pages.
C. During the period lasting
until nine months after the date of this
Aamendment,
the Department of Commerce will cooperate with NSI to
assure the continued availability of the internic.net
SLD name for purposes of email transmissions from
registration templates to NSI. Prior to the end
of such nine month period, NSI shall modify all of its
registration templates and otherwise migrate from the
use of the term "InterNIC," or Internet addresses that
reflect the term "InterNIC," in connection with its
provision of any product or service. Thereafter, the
internic.net SLD name shall not be used for the
provision of Registrar Services.
D. The Department of Commerce
shall not transfer or grant a license for the
internic.com, internic.org or internic.net SLD names,
or the InterNIC mark, to any other registry or
registrar for the purpose of competing with
NSI.
E. During the Transition Period,
NSI will cooperate with the Department of Commerce, or
its designee, to ensure a seamless transition and
continuous operation of the InterNIC
websites.
4. Other Obligations of the
Parties
A. The Department of Commerce
will ensure that the authoritative root will point to
the TLD zone servers designated by NSI for the
Registry TLDs (Registry TLD zone server) until the
earlier of the termination of this Agreement by the
Department of Commerce or termination for cause of the
Registry Agreement by ICANN pursuant to Section 14 of
that agreement.
B. The Department of Commerce
acknowledges and agrees that NSI is and will remain
the registry for the Registry TLD(s) until the earlier
of the termination of this Cooperative
Agreement by the
Department of Commerce or termination for cause of the
Registry Agreement by ICANN pursuant to Section 14 of
that agreement.
C. Notwithstanding any changes
NSI may make in the manner in which it propagates
Registry TLD Zone File Data to the Registry TLD zone
servers NSI shall continue to provide a complete zone
file for downloading at least once per day. If, in
order to fulfill its obligation to provide bulk public
access to zone file data, NSI is required to incur
significant additional costs to distribute complete
copies of the zone files to multiple third parties,
NSI shall be entitled to charge a reasonable
cost-based fee provided such fee has been approved in
advance by the Department of Commerce, said approval
not to be unreasonably withheld.
D. NSI agrees to provide to the
Department of Commerce, on a continuing basis, and at
no cost to the Department of Commerce, the ability to
access the current Registry TLD zone files.
E. In the interest of the
smooth, reliable and consistent functioning of the
Internet, for so long as the Cooperative Agreement is
in effect, NSI agrees not to deploy alternative DNS
root server systems.
5. Assignment of Registry
Assets
NSI may assign and transfer its
registry assets in connection with the sale of its
registry business or for any other purpose only with the
prior, written approval of the Department of Commerce,
said approval not to be unreasonably withheld. Upon the
approval of the Department of Commerce, appropriate
provisions of the Cooperative Agreement may be assigned
provided that the purchaser has agreed in a document of
sale for NSI's registry assets to assume NSI's
obligations with respect to the provision of Registry
Services.
6. Approvals
A. The Department of Commerce
hereby approves the form of certification (Appendix 3)
to be submitted every six months in fulfillment of
NSI's obligations under Amendment 11 regarding NSI's
provision to all licensed Accredited Registrars of
equivalent access to its registry.
B. The Department of Commerce
hereby approves the separation of NSI's registry and
registrar assets, as described in Appendix 4, in
fulfillment of NSI's obligations under Amendment 11 to
ensure that the revenues and assets of the registry
are not used to financially advantage NSI's registrar
activities to the detriment of other
registrars.
C. The Department of Commerce
hereby approves the Registrar License and Agreement
attached hereto as Appendix 5.
D. Phase 1 of
the development of the Shared Registration System, as
described in the Shared Registry Section of Amendment
11, is extended until November 30, 1999. From the date
of this amendment until November 30, 1999, NSI may
employ either the Registrar License and Agreement
approved in Amendment 13 or the Registrar License and
Agreement approved in Section I.B.6.C
above.
7. Specific
Performance
During the Term of this Agreement,
the Department of Commerce may seek specific performance
of any provision of this Agreement, provided the
Department is not in material breach of its obligations
hereunder. This provision shall not entitle the
Department of Commerce to seek specific performance of
the Registry Agreement. This provision shall not entitle
the Department of Commerce to seek specific performance
of the Registrar Accreditation Agreement unless and until
and for so long as such agreement has been assigned to
the Department of Commerce by ICANN.
8. Termination
A. In the event ICANN
designates a Successor Registry pursuant to Section 22
of the Registry Agreement or terminates the Registry
Agreement pursuant to Section 14 of that agreement,
the Department agrees that upon the conclusion of the
transfer when the Successor Registry is established
and operational and NSI notifies the Department of the
completion of the transfer, the Department will
relieve, release and discharge NSI from any
responsibility for Registry Services currently
performed under the Cooperative Agreement that have
been transferred to the Successor Registry.
The final release will be
effected by NSI sending a letter to the Department
stating that:
Awardee, Network Solutions,
Inc. hereby represents and certifies to the
Department of Commerce, that in accordance with the
requirements contained in Amendment 19 to the
Cooperative Agreement NCR-9218742, all requirements
relating to its performance as the Registry have
been completed.
We therefore request that, as
provided by Amendment No. 19 to the Cooperative
Agreement NCR-9218742, the Department of Commerce
sign and return a copy of this letter and, in the
block indicated below, acknowledge that we have
completed the agreed upon items and are fully and
finally relieved, released, and discharged from any
responsibility for the Registry for com, net, and
org TLDs previously performed by Awardee under
Cooperative Agreement NCR-9218742 which are now the
subject of a contract between ICANN and [the
successor Registry].
(attachment).
B. In the event ICANN terminates
the Registrar Accreditation Agreement for cause
pursuant to Section II.N of that agreement, the
Department will relieve, release and discharge NSI
from any responsibility for Registrar Services
currently performed under the Cooperative
Agreement.
The final release will be
effected by NSI sending a letter to the Department
stating that:
Awardee, Network Solutions,
Inc. hereby represents and certifies to the
Department of Commerce, that in accordance with the
requirements contained in Amendment 19 to the
Cooperative Agreement NCR-9218742, all requirements
relating to its performance of Registrar Services
have been completed.
We therefore request that, as
provided by Amendment No. 19 to the Cooperative
Agreement NCR-9218742, the Department of Commerce
sign and return a copy of this letter and, in the
block indicated below, acknowledge that we have
completed the agreed upon items and are fully and
finally relieved, released, and discharged from any
responsibility for the provision of Registrar
Services for com, net, and org TLDs previously
performed by Awardee under Cooperative Agreement
NCR-9218742.
C. If the both the Registrar
Accreditation Agreement and the Registry Agreement are
terminated by ICANN for cause, the Department will
relieve, release and discharge NSI from any
responsibility for continuing to provide Other
Services that are required under the Cooperative
Agreement.
The final release will be
effected by NSI sending a letter to the Department
stating that:
Awardee, Network Solutions,
Inc. hereby represents and certifies to the
Department of Commerce, that in accordance with the
requirements contained in Amendment 19 to the
Cooperative Agreement NCR-9218742, all requirements
relating to its performance of Other Services have
been completed.
We therefore request that, as
provided by Amendment No. 19 to the Cooperative
Agreement NCR-9218742, the Department of Commerce
sign and return a copy of this letter and, in the
block indicated below, acknowledge that we have
completed the agreed upon items and are fully and
finally relieved, released, and discharged from any
responsibility for the provision of Other Services
previously performed by Awardee under Cooperative
Agreement NCR-9218742.
D. In the event that a final
judgment is rendered specifically enforcing any
provision of this Agreement, the Department of
Commerce may, by giving written notice, demand that
NSI comply with such judgment. In the event that NSI
fails to comply with such judgment within ninety days
after the giving of notice, the Department of Commerce
may terminate this Agreement immediately by giving NSI
written notice of termination and the Department of
Commerce may initiate either a competitive action or
other transaction pursuant to Section II.9 below or
request ICANN to initiate procedures for designating a
successor registry in compliance with the provisions
of the Registry Agreement.
E. NSI shall cooperate in a
transfer of responsibility for the provision of
Registry Services, Registrar Services or Other
Services that are required under the Cooperative
Agreement.
F. This Section I.B.8 shall be
read in accordance with the order of precedence
provisions contained in Article 13 of the Cooperative
Agreement Special Conditions. While this
Aamendment
is in effect and
for the Term of the Cooperative
Agreement, Section I.B.8
shall supercede Section 37 ("Suspension or Termination
for Convenience") of the Cooperative Agreement General
Conditions and Article 25 ("Suspension or
Termination") of the Grant General
Conditions.
9. Compliance with Section II of
this Amendment
While the Registry Agreement
remains in effect, NSI shall not be obligated to comply
with the provisions of Section II of this
Aamendment.
Upon termination (i) by NSI of the Registry Agreement
pursuant to Section 14 of that agreement, (ii) due to the
withdrawal of the Department's recognition of ICANN as
described in Section 24 of that agreement, or (iii) by
NSI with the approval of the Department of Commerce under
Section 16(c)(B)
of that agreement, NSI shall no longer be required to
comply with the Registry Agreement and NSI's obligations
under Section II of this
Aamendment
shall take immediate effect without further action by the
Department of Commerce or NSI.
10. Expiration
Date
The Expiration Date of this
Agreement shall be four years after the date this
Amendment is signed, unless extended as provided below.
In the event that NSI completes the legal separation of
the ownership of its Registry Services business from its
registrar business by divesting all the assets and
operations of one of those businesses, within 18 months
after the date of this Amendment to an unaffiliated third
party that enters an agreement enforceable by the
Department of Commerce (i) not to be both a registry and
a registrar in the Registry TLDs, and (ii) not to
control, own or have as an affiliate any individual(s) or
entity(ies) that, collectively, act as both a registry
and a registrar in the Registry TLDs, the Expiration Date
shall be extended for an additional four years, resulting
in a total term of eight years. For the purposes of this
Section, "unaffiliated third party" means an entity in
which NSI (including its assigns, subdivisions, and
divisions, and their respective directors, officers,
employees, agents and representatives), does not have
majority equity ownership or the ability to exercise
managerial or operational control, either directly or
indirectly through one or more intermediaries. "Control,"
as used in this Section I.B.10, means any of the
following: (1) ownership, directly or indirectly, or
other interest entitling NSI to exercise in the aggregate
25% or more of the voting power of an entity; (2) the
power, directly or indirectly, to elect 25% or more of
the board of directors (or equivalent governing body) of
an entity; or (3) the ability, directly or indirectly, to
direct or cause the direction of the management,
operations, or policies of an entity.
11. Other Top Level
Domains
Until such time as the Department
of Commerce designates successor registries for the .edu
and .us top level domains, NSI shall continue to provide
Registry and, as appropriate, Registrar Services for such
domains at no cost to the U.S. Government in the manner
and at the funding level that these services are now
provided. Upon the designation by the Department of
Commerce of successor registries, which shall take place
within 12 months of the date of this
agreementamendment,
NSI shall cooperate with the Department of Commerce and
the successor registries to facilitate the smooth
transition of operation of these top level domains. With
respect to the transfer of .edu, such cooperation shall
include timely transfer to the successor registry of an
electronic copy of the top level domain database and a
full specification of the format of the data. After such
transfers, NSI shall be relieved of further obligations
for these domains under this Agreement, and NSI shall no
longer be the registry for these domains.
II. ADDITIONAL
OBLIGATIONS
The Department of Commerce and NSI
agree as follows:
1. NSI
Obligations
During the Term of this
Agreement:
A. NSI agrees that it will
operate the registry for the Registry TLDs in
accordance with this
the
Cooperative
Agreement;
B. NSI agrees to comply with
Department of Commerce policies and directives
regarding material aspects of NSI's provision of
Registry Services as distinct from the detailed or day
to day administration of the Registry.
C. NSI acknowledges and agrees
that upon the earlier of the expiration or termination
of the
Cooperative Agreement,
pursuant to Section I.B.8 of this Agreement, it will
cease to be the registry for the Registry TLDs, unless
prior to the end of the term of this
the
Cooperative Agreement
NSI is chosen as the Successor Registry in accordance
with the provisions of this
the
Cooperative Agreement.
NSI shall cooperate in the transfer of responsibility
for operation of the registry to the successor
registry. Such cooperation shall include the timely
transfer to the successor registry of an electronic
copy of the registry database and of a full
specification of the format of the
data.
2. Data Escrow
NSI shall deposit into escrow all
Registry Data on a schedule (not more frequently than
weekly for a complete set of Registry Data, and daily for
incremental updates) and in an electronic format mutually
approved from time to time by NSI and the Department of
Commerce, such approval not to be unreasonably withheld
by either party. The escrow shall be maintained, at NSI's
expense, by a reputable escrow agent mutually approved by
NSI and the Department of Commerce, such approval also
not to be unreasonably withheld by either party. The
escrow shall be held under an agreement among NSI, the
Department of Commerce, and the escrow agent providing
that (A) the data shall be received and held in escrow,
with no use other than verification that the deposited
data is complete and in proper format, until released to
the Department of Commerce; (B) the data shall be
released to the Department of Commerce upon termination
by the Department of Commerce of this
the
Cooperative Agreement or
upon its expiration if (1) this Agreement has not sooner
been terminated and (2) NSI has not been designated as
the successor registry as the result of a competitive
action or other transaction in accordance with applicable
federal law and regulations.
3. NSI Handling of Personal
Data
NSI agrees to notify registrars
sponsoring registrations in the registry of the purposes
for which Personal Data submitted to the registry by
registrars is collected, the recipients (or categories of
recipients) of such Personal Data, and the mechanism for
access to and correction of such Personal Data. NSI shall
take reasonable steps to protect Personal Data from loss,
misuse, unauthorized disclosure, alteration or
destruction. NSI shall not use or authorize the use of
Personal Data in a way that is incompatible with the
notice provided to registrars.
4. Publication by NSI of
Registry Data
A. NSI shall provide an
interactive web
page and a port 43
Registry WHOIS service providing free
public query-based to (web and, after January
15, 2000, command-line) access to
up-to-date (i.e.
updated at least daily) registry
database data which, in response to input of an SLD
name, shall report at least the following data
elements in response to queries: (a) the SLD name
registered, (b) the TLD in which the SLD is
registered; (c) the IP addresses and corresponding
names of the primary nameserver and secondary
nameserver(s) for such SLD, (d) the identity of the
sponsoring Registrar, and (e) the date of the most
recent modification to the domain name record in the
registry database; provided, however, that if the
Department of Commerce adds to or subtracts from these
elements, NSI will implement that policy.
B. To ensure operational
stability of the registry, NSI may temporarily limit
access under subsection (A) on an equitable
basis, in which case NSI shall immediately
notify the Department of Commerce in writing or
electronically of the nature of and reason for the
limitation. NSI shall not continue the limitation
longer than three business days if the Department of
Commerce objects in writing or electronically, which
objection shall not be unreasonably made.
Such
temporary limitations shall be applied in a
nonarbitrary manner and shall apply fairly to any
registrar similarly situated, including
NSI.
C. NSI as registry shall comply
with Departmental direction providing for development
and operation of a capability that provides
distributed free public query-based (web and
command-line) access to current registration data
implemented by Accredited Registrars providing for
capabilities comparable to WHOIS, including (if called
for by Departmental direction) registry database
lookup capabilities according to a specified format.
If such a service implemented by Accredited Registrars
on a distributed basis does not within a reasonable
time provide reasonably robust, reliable and
convenient access to accurate and up-to-date
registration data, NSI as registry shall cooperate
and, if reasonably determined to be necessary by the
Department of Commerce (considering such possibilities
as remedial actions by specific registrars), provide
data from the registry database to facilitate the
development of a centralized service providing
equivalent functionality in a manner established by
Departmental direction.
5. Performance and Functional
Specifications for Registry Services
Unless and until otherwise directed
by the Department of Commerce, NSI shall provide registry
services to Accredited Registrars meeting the performance
and functional specifications set forth in the SRS
specification then in place under the Registry Agreement.
In the event the Department directs different performance
and functional standards for the registry, NSI shall
comply with those standards to the extent practicable,
provided that compensation pursuant to the provisions of
II.7 of this Agreement has been resolved prior to
implementation and provided further that NSI is given a
reasonable time for implementation.
NSI shall take all reasonable steps
to ensure the continued operation, functionality, and
accessibility of the Shared Registration System. In the
event of operational instability or for the purpose of
system maintenance, NSI may temporarily limit Accredited
Registrar's access to the Shared Registration System on
an equitable basis, in which case NSI shall immediately
notify the Department of Commerce and all affected
Accredited Registrars in writing or electronically of the
nature of and reason for the limitation and the expected
date and time of service restoration. NSI shall take all
reasonable steps to notify all Accredited Registrars at
least 24 hours in advance of any anticipated (non
emergency) Shared Registration System service
interruption, the reason for the service interruption,
and the expected date and time of service
restoration.
6. Bulk Access to Zone
Files
NSI shall provide third parties
bulk access to the zone files for the Registry TLDs on
the terms set forth in the zone file access agreement
then in effect under the Registry Agreement. NSI may not
change the access agreement without the prior written
approval of the Department of Commerce.
7. Price for Registry
Services
The price to licensed registrars
for entering initial and renewal SLD registrations into
the registry and for transferring a SLD registration from
one accredited registrar to another will be as set forth
in the Registry Agreement at the time of its expiration
or termination. These prices shall be increased to
reflect demonstrated increases in costs of operating the
registry arising from (1) changes or additions to the
work provided under this Agreement directed by the
Department of Commerce or (2) legislation specifically
applicable to the Registry Services business of Registry
adopted after the date of this Amendment to ensure that
NSI recovers such increased costs and a reasonable profit
thereon.
8. NSI Agreements with
Registrars
NSI shall make access to the Shared
Registration System available only to Accredited
Registrars and subject to the terms of the NSI/Registrar
License and Agreement then in effect. NSI shall not
change the provisions of the NSI/Registrar License and
Agreement without the prior written approval of the
Department of Commerce.
9. Designation of Successor
Registry
NSI agrees that upon (a) one year
prior to the expiration or (b) NSI's receipt of notice of
termination of the
Cooperative Agreement
pursuant to Section I.B.8 of this
Agreement amendment,
the Department of Commerce may initiate a competitive
action or other transaction in accordance with
applicable federal law and regulations to designate a
successor registry.
Not later than 30 days after
NSIís receipt of a notice of termination, NSI
shall submit to the Department of Commerce, for the
Department's immediate use in designating the Successor
Registry, an electronic copy of all software (excluding
the SRS software) and data related to its provision of
Registry Services generated under the Cooperative
Agreement through the date of the notice of termination.
Not later than 60 days after NSI's receipt of a notice of
termination, NSI shall submit to the Department of
Commerce, for its immediate use in designating a
Successor Registry, all existing documentation for such
software (excluding the SRS software) and data related to
NSI's provision of Registry Services generated under the
Cooperative Agreement through the date of the notice of
termination.
If, after the expiration or
termination pursuant to Section I.B.8 of this
Agreement amendment,
NSI or its assignee is not designated as the successor
registry pursuant to the competitive action or
transaction, NSI shall cooperate with the Department of
Commerce and with the successor registry in order to
facilitate the smooth transition of operation of the
registry to the successor registry. Such cooperation
shall include timely transfer to the successor registry
of an electronic copy of the registry database and of a
full specification of the format of the data. Thereafter
NSI shall be relieved of further obligations under this
Agreement.
10. Rights in
Data
Except as permitted by the
Registrar License and Agreement, NSI shall not be
entitled to claim any intellectual property rights in
data or any database or portion thereof in the
registry supplied by or through registrars other than
NSI. In the event that Registry Data is released from
escrow under Section II.2 or transferred to a
successor registry under Sections I. B.8 or II.
9
A.10, any rights held by NSI as registry
in said Registry Data shall automatically be licensed on
a non-exclusive, transferable, irrevocable, royalty-free,
paid-up basis to the recipient of the data.
III. OTHER
PROVISIONS
1. As of the date of this Agreement
NSI shall have no further obligations under Articles 2,
4, and 11 of the Cooperative Agreement Special
Conditions.
2. Articles 9, 10 and 14 of the
Cooperative Agreement Special Conditions, as amended, are
hereby suspended as of the date of this
Agreement amendment
and NSI shall have no
obligations under such provisions for so long as the
Registry Agreement remains in effect. Upon termination of
the Registry Agreement pursuant to (i) Section 14 of that
agreement, (ii) the withdrawal of the Department's
recognition of ICANN under Section 24 of that agreement,
or (iii) with the approval of the Department of Commerce
under Section 16c(B)
of that agreement, such provisions shall return to effect
immediately without further action by the Department of
Commerce or NSI.
3. Article 6 Section a of the
Cooperative Agreement Special Conditions, as amended, is
hereby amended to add the following new
language:
NSI agrees to comply with
Department of Commerce policies and directives
regarding material aspects of NSI's provision of Other
Services, as distinct from the detailed or day to day
administration of the Registry in accordance with
Cooperative Agreement Special Conditions Article
5.
4. Article 8, Section G of the
Cooperative Agreement Special Conditions, as amended, is
hereby amended to read:
3. The compensation provisions
in Amendment 9 shall apply for the period April 1,
1999 through the effective date of this
Amendment
and by adding a new Section G.4 as
follows:
G.4.a. From the effective date
of this Amendment, NSI, in its capacity as a registrar
for the Registry TLDs, may establish the charge to SLD
holders (i)
for registration of SLD names with
respect to registrations for which NSI complies with
the requirements of Section II.J.4. of NSI's Registrar
Accreditation Agreement with ICANN
or
(ii)
for any other service
provided by NSI as registrar at its own
discretion.
G.4.b. All income generated by
user fees charged for Registry or Registrar Services
shall be considered Program Income under the terms of
this the
Cooperative Agreement
and will be available to NSI as consideration for the
services provided and may be used for any purpose in
NSI;s sole discretion, subject
to its compliance with Section I.B.6.B of Amendment
19.
5. Article 12 of the Cooperative
Agreement Special Conditions, as amended, is hereby
amended to read:
The following individuals shall
serve as points of contact at NSI:
Jonathan Emery
David Graves
6. Article 15 of the Cooperative
Agreement Special Conditions, as amended, is hereby
amended to read:
All income generated by user
fees charged for Registry or Registrar Services shall
be considered Program Income under the terms of this
Agreement and will be available to NSI as
consideration for the services provided and may be
used for any purpose in NSI's sole discretion,
subject
to its compliance with Section I.B.6.B of Amendment
19.
7. Except as specifically modified
by this amendment, all other terms and conditions of the
Cooperative Agreement remain unchanged. The provisions of
this Aamendment
shall take precedence over any conflicting provision
contained in any other portion of this Cooperative
Agreement as amended.
Posted
28-September-1999
Posted
10-November-1999
BYLAWS
