ICANN Obligations on Registered Name Holders ICANN - Section 3.7.7 of the RAA Hogan Lovells International LLP is accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) to provide registrar services in the .com, .net and .org domain spaces. As such we agree to be bound by the Registrar Accreditation Agreement ('Agreement'). Section 3.7.7 of the Agreement ('Provisions') requires us to include certain terms. These Provisions are incorporated by reference to all our agreements with you relating to any application for a domain name that you may make. When submitting an application to register a domain name with us, you are stating that you have read and understood the Provisions, and you agree to be bound by them. For the purposes of the Provisions, we are the Registrar and you are the Registered Domain Name Holder. 3.7.7 Registrar shall require all Registered Name Holders to enter into an electronic or paper registration agreement with Registrar including at least the following provisions: 3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8. 3.7.7.2 A Registered Name Holder's wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration. 3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm. 3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating: 3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended; 3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator); 3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and 3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them. 3.7.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4. 3.7.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals. 3.7.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 3.7.7.4 above. 3.7.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. 3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located. 3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. 3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
Expired Domain Name Deletion Policy (EDDP).
All domain names registered through Hogan Lovells International LLP are subject to the following Expired Domain Name Deletion Policy (EDDP).
1. CONCLUSION OF REGISTRATION PERIOD
1.1 At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified, including in a second notice or reminder, shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew grace period.
2. EXTENUATING CIRCUMSTANCES
2.1 Extenuating circumstances are defined as: UDRP action, valid court order, failure of the Hogan Lovells International LLP renewal process (which does not include failure of a registrant to respond), the domain name being used by a nameserver(s) that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver(s)), the registrant being subject to bankruptcy proceedings, a payment(s) dispute (where a registrant claims to have paid for a renewal, or there is a discrepancy in the amount paid), a billing dispute(s) (where a registrant disputes the amount on a bill), the domain name being subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN.
3. RENEWAL WITHOUT CONSENT
3.1 Where Hogan Lovells International LLP chooses, under extenuating circumstances, to renew a domain name without the explicit consent of the registrant, Hogan Lovells International LLP will maintain a record of the extenuating circumstances associated with renewing that specific domain name for inspection by ICANN.
4. RENEWAL REMINDERS
4.1 Hogan Lovells International LLP will send out 30 day, 7 day and then a third renewal reminder within 5 days after expiration. We also send out a biannual renewals forecast to most of our clients unless specific instructions to auto renew.
5. RENEWAL GRACE PERIOD
5.1 On the day of expiry of the domain name, Hogan Lovells International LLP will mark the domain name as expired in our database, the whois shall be changed to show the expired status of the domain name, the nameservers for the domain name will be changed, and the account holder will be notified by email. In the event that the domain name is renewed during the Renewal Grace Period, the WHOIS and nameservers shall be restored to their previous state.
6. REDEMPTION GRACE PERIOD
6.1 Domain Names not renewed within the Renewal Grace Period days are scheduled for deletion at the registry following a 30 day Redemption Grace Period. The Registration Grace Period is a thirty (30) day registry "hold" period for all domain names deleted by registrars. This hold period is designed to allow registrars the ability to "restore" names that were deleted accidentally or without the intent of the registrant. As such the registrant may recover the domain name from the Redemption Grace Period for a fee.
7. DOMAIN NAME EXPIRATION PERIODS
7.1 Registrar Grace Period - Expiration date plus 30 days
7.2 Redemption Grace Period - Expiration date plus 60 days
7.3 Pending Delete Period - Expiration date plus 65 days
7.4 Deletion of domain name
8. DOMAIN NAME DELETION
8.1 In the absence of extenuating circumstances (as defined in Section 2 above), a domain name will be deleted within 45 days of either Hogan Lovells International LLP or the registrant terminating a registration agreement.
9. PUBLICATION OF POLICIES
9.1 The details of the Hogan Lovells International LLP deletion and auto-renewal policy are visible on the Hogan Lovells International LLP registrar website at www.anchovy.com.
10. UDRP POLICIES
10.1 In the event that a domain name that is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the registrant. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the registrant will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within 45 days. The registrant retains the right under the existing Redemption Grace Period provisions to recover the name at any time during the Redemption Grace Period, and retains the right to renew the name before it is deleted.
|