NSI Registry Service
(April 5, 2000)
On September 28, 1999, ICANN announced
tentative agreement with the United States Department of Commerce
and Network Solutions, Inc. on a series of agreements that will
put the newly introduced competition among registrars in the
.com, .net, and .org TLDs on a permanant and firmer footing.
After written and oral public comments, these agreements were
revised in several respects and were adopted
by the ICANN Board on November 4, 1999.
One of these agreements is an NSI/ICANN
Registry Agreement. Section
18 of the registry agreement calls for negotiation and entry
of a Registry Service Level Agreement (SLA). As of 1 April 2000,
a temporary SLA was established. The text of the SLA, which is
effective until 30 September 2000, appears below.
Service Level Agreement (SLA)
The Network Solutions, Inc. ("NSI")
Registry strives to provide a world-class level of service to
its customers. This Service Level Agreement provides metrics
and remedies to measure performance of the NSI Registry and to
provide accredited and licensed Registrars with credits for certain
substandard performance by the NSI Registry under the parties'
Registrar License and Agreement.
1) Monthly Timeframe shall mean each single
calendar month beginning and ending at 12:00 am the Greenwich
Mean Time (GMT).
2) Planned Outage shall mean the periodic
pre-announced occurrences when the SRS will be taken out of service
for maintenance or care. Planned Outages will be scheduled only
during the following window period of time each week, 0100 to
0900 GMT on Sunday (the "Planned Outage Period"). This
Planned Outage Period may be changed from time to time by the
NSI Registry, in its sole discretion, upon prior notice to each
Registrar. Planned Outages will not exceed 4 hours/per calendar
week beginning at 12:00 am GMT Monday nor total more than 8 hours/per
month. Notwithstanding the foregoing, NSI may incur 2 additional
Planned Outages of up to 12 hrs in duration during the Planned
Outage Period for major systems or software upgrades ("Extended
Planned Outages"). These Extended Planned Outages represent
total allowed Planned Outages for the month.
3) Shared Registration System ("SRS")
Availability shall mean when the SRS is operational. By definition,
this does not include Planned Outages or Extended Planned Outages.
4) SRS Unavailability shall mean when,
as a result of a failure of systems within the NSI Registry's
control, the Registrar is unable to either:
a) establish a session with the SRS gateway
which shall be defined as:
1) successfully complete a TCP session
2) successfully complete the SSL authentication
3) successfully complete the registry registrar
protocol ("RRP") session command.
b) execute a 3 second average round trip
for 95% of the RRP check domain commands and/or less than 5 second
average round trip for 95% of the RRP add domain commands, from
the SRS Gateway, through the SRS system, back to the SRS Gateway
as measured during each Monthly Timeframe.
5) Unplanned Outage Time shall mean all
of the following:
a) the amount of time recorded between
a trouble ticket first being opened by the NSI Registry in response
to a Registrar's claim of SRS Unavailability for that Registrar
through the time when the Registrar and NSI Registry agree the
SRS Unavailability has been resolved with a final fix or a temporary
work around, and the trouble ticket has been closed. This will
be considered SRS Unavailability only for those individual Registrars
impacted by the outage.
b) the amount of time recorded between
a trouble ticket first being opened by the NSI Registry in the
event of SRS Unavailability that affects all Registrars through
the time when the Registry resolves the problem with a final
fix or a temporary work around, and the trouble ticket has been
c) the amount of time that Planned Outage
time exceeds the limits established in A.2 above.
d) the amount of time that Planned Outage
time occurs outside the window of time established in A.2 above.
6) Monthly Unplanned Outage Time shall
be the sum of minutes of all Unplanned Outage Time during the
Monthly Timeframe. Each minute of Unplanned Outage Time subtracts
from the available Monthly Planned Outage Time up to 4 hours.
7) WHOIS Service shall mean the NSI Registry
Whois server running on port 43 of whois.crsnic.net and whois.nsiregistry.net.
8) Global Top Level Domain ("GTLD")
Name Server shall mean any GTLD Name Server under SLD GTLD-SERVERS.NET
B) RESPONSIBILITIES OF THE PARTIES
1) Registrar must report each occurrence
of alleged SRS Unavailability to the NSI Registry customer service
help desk in the manner required by the NSI Registry (i.e., e-mail,
fax, telephone) in order for an occurrence to be treated as SRS
Unavailability for purposes of the SLA.
2) In the event that all Registrars are
affected by SRS Unavailability, the NSI Registry is responsible
for opening a blanket trouble ticket and immediately notifying
all Registrars of the trouble ticket number and details.
3) Both Registrar and the NSI Registry
agree to use reasonable commercial good faith efforts to establish
the cause of any alleged SRS Unavailability. If it is mutually
determined to be a NSI Registry problem, the issue will become
part of the Unplanned Outage Time.
4) NSI Registry will perform monitoring
from at least two external locations as a means to verify that
a) sessions can effectively be established and b) all RRP commands
can be successfully completed.
5) Registrar must inform the NSI Registry
any time its estimated volume of transactions (excluding check
domain commands), will exceed Registrar's previous month's volume
by more than 25%. In the event that Registrar fails to inform
NSI Registry of a forecasted increase of volume of transactions
of 25% or more and the Registrar's volume increases 25% or more
over the previous month, and should the total volume of transactions
added by the NSI Registry for all Registrars for that month exceed
the NSI Registry's actual volume of the previous month's transactions
by more than 20%, then Registrar will not be eligible for any
SLA credits (as defined in section C) in that Monthly Timeframe.
The Registrar shall provide such forecast at least 30 days prior
to the first day of the next month. In addition, the NSI Registry
agrees to provide monthly transaction summary reports.
6) The NSI Registry will notify Registrar
of Planned Outages outside the Planned Outage Period at least
7 days in advance of such Planned Outage. In addition, NSI Registry
will use reasonable commercial good faith efforts to maintain
an accurate 30 day advance schedule of possible upcoming Planned
7) The NSI Registry will update the WHOIS
Service once per day beginning at 1200 GMT. The NSI Registry
will notify Registrars in advance when changes to the WHOIS Service
update schedule occur.
8) The NSI Registry will allow external
monitoring of the SRS via an acceptable means to both parties.
9) The NSI Registry will initiate the Registry
zone file transfer process twice daily at 1000 GMT and 2200 GMT.
The NSI Registry will notify Registrar in advance when changes
to the schedule occur. The NSI Registry will notify Registrars
regarding any scheduled maintenance and unavailability of the
10) The NSI Registry will use commercial
reasonable efforts to restore the critical systems of the SRS
within 24 hours in the event of a force majeure and restore full
system functionality within 48 hours. Outages due to a force
majeure will not be considered SRS Unavailability.
11) TheNSI Registry will publish weekly
system performance and availability reports. These reports will
include average round trip for the RRP Check and RRP Add Domain
commands for all Registrars as well as a summary of SRS Availability
for the previous week
12) The NSI Registry will provide a 99.4%
SRS Availability during each Monthly Timeframe.
1) If SRS Availability is less than 99.4%
in any Monthly Timeframe, the NSI Registry will provide a credit
to affected Registrar(s) who have complied with Sections B.1
and B.5 above as follows:
(i) Commencing June 15, 2000, in the case
of SRS Unavailability as described in A.4.b, a credit will be
given for the combined % total RRP add and check commands that
fall below the 95% performance threshold established in A.4.b.
This will be calculated by multiplying the % below 95% by Registrar's
monthly Add Domain volume x $ 6. The maximum credit to each Registrar
shall not exceed 5% of the Registrar's total monthly Add Domain
volume x $ 6.
(ii) Commencing June 15, 2000, in the case
of SRS Unavailability as described in A.4.a, and following the
Monthly Timeframe when the Unplanned Outage began, NSI Registry
will provide a credit to Registrar by multiplying Registrar's
monthly Add Domain volume x $ 6 and multiply that amount by the
same percentage of time that the Monthly Unplanned Outage Time
exceeded 0.6% of the minutes in the Monthly Timeframe. The maximum
credit to each Registrar under this subparagraph shall not exceed
10% of the Registrar's total monthly Add Domain volume x $ 6.
Under no circumstances shall credits be
applied when the availability problems are caused by network
providers and/or the systems of individual Registrars.
1) As an addendum to the Registrar License
and Agreement (RL&A), no provision in this addendum is intended
to replace any term or condition in the RL&A.
2) Dispute Resolution will be handled per
3) Any interruption of SRS service that
occurs, as a direct result of RL&A 2.13, RL&A 5.4, RL&A
6.3 or any other applicable RL&A contract term, will not
be determined SRS Unavailability per this SLA.
4) The term of this SLA shall be from April
1 to September 30, 2000. The parties recognize that additional
experience with the operation of the registry may allow appropriate
refinements of the provisions in this SLA. Beginning no later
than August 1, 2000, NSI Registry and representatives of the
ICANN DNSO Registrars Constituency shall negotiate in good faith
concerning the terms of a replacement for this SLA, which upon
agreement of NSI Registry and the ICANN DNSO Registrars Constituency
and approval of ICANN shall be incorporated in the RL&A.
In the event the SLA expires without a replacement agreement,
despite negotiations in good faith, NSI will not be considered
in breach of the Cooperative Agreement between NSI and the Department
of Commerce or the Registry Agreement between NSI and ICANN.
In the event of any change to the terms of this SLA in a replacement
SLA under this Section D.4, Registrar may, at its option exercised
within fifteen (15) days, terminate the RL&A immediately
by giving written notice to NSI, as provided in RL&A 6.1(a).
(In the event NSI's obligations under Section II of Amendment
19 of the Cooperative Agreement between NSI and the U.S. Department
of Commerce become effective under Section I.B.9 of that amendment,
approvals required under this section D.4 may be given by the
U.S. Department of Commerce).
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