|
| |
 |
Tentative Agreements among ICANN, the U.S. Department
of Commerce, and Network Solutions, Inc.
(Posted September 28, 1999)
|
[Note: ICANN has posted the following document for public
review and comment. To submit comments, click here.]
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 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, 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. "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 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 NSI’s 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.
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 Amendment, 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 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.
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 Amendment is in effect, 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 Amendment. 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) of that agreement, NSI shall no longer be required
to comply with the Registry Agreement and NSI’s obligations
under Section II of this Amendment 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 agreement, 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 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 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
Agreement NSI is chosen as the Successor Registry in accordance
with the provisions of this 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 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 Registry
WHOIS service providing free public query-based (web and, after
January 15, 2000, command-line) access to up-to-date 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.
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
pursuant to Section I.B.8 of this Agreement, 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 NSI’s
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, 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.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 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 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:
4. Article 8, Section G of the Cooperative
Agreement Special Conditions, as amended, is hereby amended to
read:
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 for registration
of SLD names or 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 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.
5. Article 12 of the Cooperative Agreement
Special Conditions, as amended, is hereby amended to read:
Jonathan Emery
David Graves
6. Article 15 of the Cooperative Agreement
Special Conditions, as amended, is hereby amended to read:
7. Except as specifically modified by this
amendment, all other terms and conditions of the Cooperative
Agreement remain unchanged. The provisions of this Amendment
shall take precedence over any conflicting provision contained
in any other portion of this Cooperative Agreement as amended.
Posted 28-September-1999
|