"Draft Contract for Services between ccTLD Managers and ICANN"
Draft Contract for Services between ccTLD Managers and ICANN (Working Document) DRAFT Version 7: Reviewed and amended at the L & R Meeting on 20 September 2000 This contract is between the Internet Corporation for Assigned Names and Numbers, a not for profit corporation of 4676 Admiralty Way, Suite 330 Marina Del Rey California 90292 USA ["ICANN"] and the Designated Manager ["The Manager"] for the Internet Top Level Domain Name ["the TLD]" Definitions ------------------- [still required but to include:] ccTLD Data Controller The Manager ICANN Root Server Database World Root Servers Local Internet Community Local Law Draft Recitals ------------------- 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: 1.1. the identity of the Manager. 1.2. the postal, e-mail, facsimile and telephonic addresses of The Manager; 1.3. a URL pointing at the Web Site maintained by The Manager under clause xx; and 1.4. the IP addresses and Fully Qualified Domain Names of authoritative Name Servers for the TLD which The Manager will specify 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. 3 3.1 ICANN will, either directly with its own staff, or otherwise by means of sub-contract, cause to be operated World Root Servers containing the appropriate entries for the TLD derived from the data held by ICANN in the Root Database. These World Root Servers will at all times be connected to the Internet and available to resolve domain name queries at the addresses listed in Schedule 2 3.2 The Zone Files required by these World Root Servers shall be re-generated within 24 hours of any change to the Root Database entries. 4 ICANN shall publish monthly reports including: • rate of capacity utilisation; • occurrence of failures and break-downs and corrective action taken; • ICANN performance and response times in respect of services executed • number and location of root servers 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 Server 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. 9. The Manager agrees to pay $xx per year to ICANN. For the avoidance of doubt the parties agree that this is not a licence fee. Remedies for Breach by ICANN ---------------------------- 10 In case of breech 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 breech 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. 12. 12.1 ICANN shall use its best efforts to contact the manager 12.2 If The Manager is not contactable, fails to respond to reasonable requests by ICANN to discuss the breach, or fails within a reasonable time to remedy the breach under this or any revised agreement, ICANN may give notice that unless within 28 days the breach is remedied it will seek to identify an alternative manager after which it may terminate this Agreement on written notice to the Manager. Duration -------------- 13 This contract is without time limit Termination ----------- 14 The Manager agrees that it will transfer the Database Rights in the TLD, second or further level domains. 15 The Manager may terminate this Agreement providing at least 6 months notice. Notices ------------ 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 which is not to be unreasonably withheld or delayed. Jurisdiction ---------------- 18 To be further discussed Applicable Law ---------------------- 19 To be further discussed REQUIRED SCHEDULES 1. To be extracted from the CENTR Root Service Requirements document) Quality of Service/ time scales for making changes/appropriate Security Measure for Root Database 2. Addresses at which the Root Servers will be able to resolve domain name queries 3. Best Practice Document (referred to in item 6) Appendix 1 Briefing notes for CENTR Root Service Requirements Version 2.0 Adopted by CENTR General Assembly, 18 September 2000 1. Introduction It is envisaged that these services will form the basis of a contract between the Designated Manager of a ccTLD registry and the party providing such services, the nature of which has yet to be determined. The Basic services are: a) maintenance of stable and secure authoritative root database containing contact information and technical parameters of Country Code Top Level Domain (ccTLD) names; b) management of the root name servers according to Quality of Service and security specifications. 2. Root Database Maintenance of a stable and secure authoritative root database of the following information relating to each ccTLD and to be supplied by the ccTLD Designated Manager i. the two-letter ISO 3166-1 code(s) allocated to the registry; ii. the Designated Manager and its address and the name and address of the Contact Person, if the Designated Manager is an organisation, or of any alternative Billing Contact, and the name and address of the Technical Contact, including the respective phone and fax numbers and the email address; iii. the fully qualified Domain Name and IP address of the registry’s primary and secondary name servers; iv. the date of the last change to the above information and the names of the person who made the change; v. the date of creation of the ccTLD and a full record of subsequent changes to information in the database pertaining to the ccTLD; vi. the URL at which information about the ccTLD ands it's registration policies and procedures can be found; 3. Zone Files Authoritative primary and secondary zone files generated from the root database, containing Top Level Domain Names only. Zone files and root name servers operated in stable and secure manner by proven organisations, under contract, in a geographically and topologically diverse configuration, offering a maximum collective availability of xx (currently thirteen) file servers. 4. Root Name Servers Root name server system to be operated on name servers that are used exclusively for the delegation of the TLDs and not used for second level domain names. [Operational services concerning the root server system to be available twenty-four hours per day and seven days per week. Operational services concerning the root name server system to be available twenty- four hours per day and seven days per week. 5. Quality of Service Root Services expressed in Requirements 1-3 above to be carried out as "Urgent", "Normal", or "Administrative" Services. Urgent Services to be executed 24 hours a day within a period of 2 hours after the service has been requested. Normal Services to be carried within a period of 2 days after the service has been requested. Administrative Services to be carried out within a period of 2 weeks after the service has been requested. a) "Urgent Services" are considered: I. emergency modifications to name servers; II. modifications due to failures or break-downs of name servers III. repairs to root servers b) "Administrative" Services are considered: I. modifications due to changes within the organisational structure of the ccTLD c) "Normal Services" are considered: I. modifications to personal data (item1.ii, above) II. regular modifications to name servers III. any other services not listed as 'Urgent Services' or 'Administrative Services', above 6. Documentation of Procedures In consultation with ccTLD registries: publication and maintenance of procedure for notifying modifications to the database and any technical problems which may arise. 7. Statistics Monthly published reports including: i. rate of capacity utilisation ii. occurrence of failures and break-downs and corrective action taken iii. ICANN performance and response times in respect of services executed iv. number and location of root servers 8. Consultation A mechanism for consultation with the ccTLD Registry Manager before taking decisions or measures that might effect the organisation of the operational services provided under this agreement. 9. Areas to still to be address -QoS to be better defined -Security aspects to be defined better (certification, trust relationship, DNSSEC) -The necessity of an escalation scheme to be investigated -Technical requirements such as response times for respective root servers to be investigated Appendix 2 Best Practice Guidelines for ccTLD Managers Adopted 1 June 2000 Introduction Whilst recognising that existing managers of ccTLD registries do not necessarily fully conform to best practice, most of the ccTLD Manager community is committed to work towards compliance. Background The Domain Name System structure contains a hierarchy of names. The root, or highest level, of the system is unnamed. Top Level Domains (TLDs) are divided into classes, ccTLDs and gTLDs, based on rules that have evolved over time. ccTLDs - country code Top Level Domains - are associated with countries and territories. gTLDs are (with some exceptions) generic and global in nature. To date, ccTLDs have been assigned to countries and territories using the ISO-3166-1 list, on the basis that ISO has a procedure for determining which entities should be and should not be on that list. For more information about the ISO 3166 Maintenance Agency, please see the following web page: http://www.din.de/gremien/nas/nabd/iso3166ma/. Historically, the management of ccTLD Registries was delegated by IANA to the existing ccTLD Managers. As of 1995, the delegation of the management of the ccTLD Registries was done under the guidelines published in IANA’s RFC 1591 and later ICP-1. The existing ccTLD managers all operate under these guidelines. A list of current TLD assignments and names of the ccTLD Managers can be accessed at: http://www.iana.org/cctld.html With further evolution of the Internet, and specifically the ICANN process, there is a need for best practice guidelines for ccTLD Managers. The ccTLD Managers have therefore established best practices guidelines, on the basis of the main principles of RFC 1591, which remain stable and sound. Under these best practices guidelines a ccTLD Manager's authority comes from serving the Local Internet Community and from the unremitting affirmation by the Local Internet Community of that authority. The Local Internet Community, including governmental and other authorities, has a responsibility to support and protect the ccTLD Registry, and to assist the ccTLD Manager serve the that community. Furthermore, a ccTLD Manager is entrusted with the management of a ccTLD Registry, and has no interest in the intellectual or other property rights in domain names. A ccTLD Manager should be equitable and fair to all eligible registrants that request domain names, should be competent and respond to requests in a timely manner, and should operate the database with accuracy, robustness, and resilience. 1.Objectives of this document To set out areas to be addressed in creating Best Practice Guidelines for ccTLD Managers. 2.Definitions ccTLD - A country code top level domain in the top level of the global domain name system, assigned according to the two-letter codes in the ISO 3166-1 standard codes for the representation of names of countries or territories. ccTLD Registry - The entity which records names as domain names in a register of domain names for the country-code top level domain name, according to policies and rules, and following procedures, established with the Local Internet Community (see below). ccTLD Manager - A company, organisation or individual managing a ccTLD Registry. Registrant - A company, organisation or individual for whom a name has been registered as a domain name in the ccTLD domain name register. ICANN - Internet Corporation for Assigned Names and Numbers. IANA - Internet Assigned Numbers Authority (incorporated into ICANN in 1999). Local Internet Community - The Internet industry and users and the government and authorities of the state or territory with which the ccTLD is associated. The definition of the Local Internet Community may vary from one country/territory to another, and is essentially a matter for the community in the country/territory. (The process to delineate the Local Internet Community is a responsibility of the ccTLD Manager – see below). 3.Best Practice 3.1 Duty of ccTLD Manager The primary duty of the ccTLD Manager is one of Public Service, and to manage and operate the ccTLD Registry in the interest of and in consultation with the Local Internet Community. ccTLD Managers are entrusted with the management of the TLD Registry. A ccTLD Manager has no interest in the intellectual or other property rights in names registered as domain names or as part of domain names. No intellectual or other property rights in the 2-character code accrue to a ccTLD Manager as a result of the act of delegation of the responsibility for a ccTLD Registry. ccTLD Managers may have rights to the intellectual and other property developed by them as a by-product of managing the ccTLD Registry, subsequent to the delegation of such responsibility. 3.2 Process to Define the Local Internet Community A ccTLD Manager should design and organise a process to delineate the Local Internet Community. This process should be transparent, documented and be made available for public inspection. 3.3 Registration of Domain Names ccTLD Managers: must register domain names in an efficient and timely manner, following policies rules and procedures that have been established and published in a transparent manner in consultation with the Local Internet Community. must collect the necessary information to ensure that the Registrant can be authoritatively identified. should have a standard contract with Registrants. should recognise that a ccTLD Registry is a special function and, resulting from this, has a special position which should not be abused. 3.4 Registrant Policies The ccTLD Manager must be equitable and fair to all eligible registrants that request domain names. Policies defining which organisations, businesses, individuals, etc.. are eligible to register domain names under the 2-character ccTLD must be defined by the ccTLD Manager in consultation with the Local Internet Community. Specifically, the registration of domain names should be based on objective criteria that are transparent and non-discriminatory. Policies and procedures may vary from country to country due to local customs, cultural values, local policies and objectives, law and regulations. The definition must be documented, available for public inspection, and transparent to the Local Internet Community. 3.5 Location The ccTLD Manager, in consultation with and unless agreed otherwise with the Local Internet Community, and consistent with the requirement to best serve the interests of the Local Internet Community, should be resident in the territory of the ccTLD and, if the ccTLD Manager is a corporation, the ccTLD Manager should be incorporated there. 3.6 Technical Requirements The ccTLD Manager supervises the process of registration of domain names in the registry of the ccTLD, and supervises the operation of the domain name servers and the maintenance of the appropriate zone files for the ccTLD. There must be permanent (24-hours per day) Internet Protocol (IP) connectivity to the name servers and the registry servers. There should be published e-mail and web address contacts, and these should be permanently accessible. The ccTLD Manager must do a satisfactory job of supervising the operation of the DNS service for the TLD. Duties such as the assignment of domain names, delegation of sub-domains and operation of name servers must be done with technical competence. This includes keeping the IANA or other higher-level domain manager advised of the status of the domain, responding to requests in a timely manner, and operating the database with accuracy, robustness, and resilience. (See RFC 1591 and ICP 1). 3.7 Changes to Information in the Register Database of IANA (other than a change of ccTLD Manager) The ccTLD Manager must inform IANA, in a timely manner, of changes to the information that is maintained in IANA's register database. Notification of changes must be authorised by the Contact Person as specified in the register database. Changes to the Contact Person must be by an authorised member of the board or executive of the ccTLD Manager. (Changes to the ccTLD Manager are outside the scope of the Best Practices document). 3.8 Financial Basis of ccTLD Manager Operations ccTLD Managers should operate on a cost effective, cost recovery, basis, unless otherwise explicitly agreed with the Local Internet Community. 3.9 Subcontracting of Operations Unless otherwise agreed with the Local Internet Community, a ccTLD Manager may contract out, on an "arms length" competitive basis, any or all of the operation and administration of a ccTLD Registry, provided that the ccTLD Manager contractually obliges the sub-contractor to comply with the requirements of this document. 3.10 Data Security ccTLD Managers must take all reasonable professional measures to ensure that all Registry data is secured against damage or loss. 3.11 Domain Name Dispute Resolution ccTLD Managers should define and publish their domain name dispute resolution policies and procedures, in consultation with the Local Internet Community. Mechanisms should be established by the ccTLD Manager to handle fairly and independently any such disputes arising between registrants, or other parties, and the ccTLD Manager. Making judgements in relation to disputes arising between third parties and domain name registrants are outside the remit of the ccTLD Manager. 4.Governing Law ccTLD Managers will operate under the law of the country or territory where they are located. The relationship between Registrants and the ccTLD Manager (whether by explicit contract or otherwise) must be governed by the law of the country or territory of the ccTLD. 5.Changes to this Best Practice Guidelines Document When agreed by the CENTR members, this document may be updated or amended by the decision of a majority of the CENTR members. When this document is finalised, CENTR will invite other organisations representing the interests of ccTLD Managers to adopt it. This document may subsequently be updated or amended by a decision of the majority of the ccTLD Managers who are members of the organisations which have adopted these Best Practice Guideline for ccTLD Managers.