Draft Contract for Services between ccTLD Managers and ICANN
ccTLD 8th Draft: Reviewed and amended at the ccTLD Meeting, Marina del Rey, on 13 November 2000
Acknowledgement: CENTR L & R Group, WG Leader, Morton Taragin of .il, Stephan Welzel, Denic (.de), Jorn Grotnes, GM-Nic (.gm), Adiel Akplogan, Cafenet (.tg), Eugenie Staicut (.ro), Patrick Lay (.ag), Marianne Wolfsgruber (.at), Makiko Matusmaru (.jp)
[Still required but to include]
Whereas ICANN has been established as a technical coordination body for the Internet by the Global Internet Community and have several agreements with the United States Government.
Whereas the Manager is the designated manager of the ccTLD through established history and practice and other agreements.
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:
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.
4. ICANN agrees to maintain a website and a mailing list which shall include monthly reports of its services and ccTLD related items including:
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. For non English sites, basic information, in English, shall also be published.
9. The Manager agrees to pay $xx per year to ICANN subject to review and negotiation every NN years. 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.
13. This contract is without time limit.
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.
14. 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 to its successor or to ICANN in the absence of an immediate successor.
15. The Manager may terminate this Agreement, with or without cessation of operations, providing at least 6 months notice.
(The case of termination of the contract, without cessation of operations, needs to be discussed.)
This agreement constitutes the entire agreement between the parties and supersedes old the previous agreement between the two parties whether documented or undocumented.
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.
18. To be further discussed
19. To be further discussed.