Registration Contract

Transcription

Association Française pour le Nommage Internet en Coopération
Registry for .fr (France) and .re (Reunion Island) Internet domain names
Registration Contract
1. FOREWORD
1. By Order No. INDI0921133A of the French Minister of Economy, Industry and Employment,
dated February 19th, 2010, l’Association Française pour le Nommage Internet en Coopération The French Network Information Centre- (hereinafter referred to as AFNIC), an association
governed by the provisions of the Law of July 1st, 1901, has been designated to serve as the
Registry for .fr Top-Level Domain names in the Internet addressing system.
AFNIC’s functions are pursuant to:

Articles L.45 and R.20-44-34 et seq. of the French Electronic Communications and
Telecommunications Act;

The State/AFNIC Agreement, AFNIC Bylaws and Internal Regulations.
As part of its functions and in compliance with the decisions taken by its governing bodies,
AFNIC has worked closely with the consultative committees that make it up to develop:

Naming Policies for each of the naming zones managed by AFNIC;

A registration Contract that defines the contractual relationship between AFNIC as
the Registry and the Registrars, pursuant to Article R.20-44-50 of the French
Electronic Communications and Telecommunications Act.
The foregoing notwithstanding, this agreement applies to all of the naming zones managed by
AFNIC, specifically, .fr, .pm, .re, .tf, .wf and .yt.
4. Registrar wishes to offer its customers a range of services relating to the naming zones
managed by AFNIC.
5. Registrar declares that it has a good understanding of all of the documents cited in the
foreword, and assents without reservation, having specified, prior to the Registrar’s involvement,
that it received from AFNIC all the requested additional information.
6. Registrar declares that it possesses the required know-how, experience, ability and technical
and human resources to meet its customers’ needs, especially vis-à-vis the provisions of the
French Electronic Communications and Telecommunications Act that deal with the subject of
addressing, as well as the terms of the applicable Naming Charters.
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AFNIC - Immeuble International - 78181 Saint Quentin en Yvelines Cedex – France
Tel.: +33 1 39 30 83 00 - Fax: +33 1 39 30 83 19 - www.afnic.fr
Copyright AFNIC 2011 – Version of 1st January 2011
2. DEFINITIONS
1. For the purposes of this contract, the terms below shall be defined as follows:
•
“Administrative Action”: Generic term encompassing any administrative or technical
operation that Registrar addresses to AFNIC.
•
“AFNIC’s Bylaws”: Bylaws of the French Cooperative Internet Naming Association,
reflecting provisions in the law of the 1st of July, 1901.
•
“Annual Fee”: Amount payable each year to AFNIC by Registrar for access to the
domain name registration services.
•
“Applicant”: An individual or corporate entity who requests that a Registrar register or
transfer one or more domain name(s).
•
“Blocking transaction”: Operation that involves withdrawing a domain name from the
DNS (Domain Name System) and making it inoperative. However, the domain name still
appears in the Whois database and still belongs to its holder. A blocked domain name
cannot therefore by registered by a third party.
•
“Frozen transaction”: Operation preventing any future transactions on the domain name.
This operation does not affect the functioning of the domain name (access to the site,
electronic addresses, renewal of the domain, etc.).
•
“Administrative freezing of operations”: Operation that blocks any modification on a
domain name except technical updates. This operation does not alter the domain use
(access to site, email, renewal, …).
•
“Holder”: Individual or corporate entity, who, as the customer of a Registrar, has
registered or renewed of one or more domain name(s).
•
“Identity check”: AFNIC checks that the information for a corporate entities holder
entered by the Registrar complies with the information in databases.
•
“Integration Guide”: A document for Registrars that includes all the information required
to implement AFNIC’s domain management application interface.
•
“Internal Regulations”: A document covering AFNIC’s operations; it accompanies the
bylaws of AFNIC.
•
“Naming Charter or Naming Policy”: The AFNIC Naming Policy comprises the
registration rules for domain names, the Procedures Manual, the Integration Guide, the
Dispute Resolution Policy for French domains, the Policy for Publishing and Accessing
information on registered .fr domain names; and generally all documents and procedures
adopted by AFNIC.
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•
“Naming zone”: Consisting of a first level domain and one or more second level
domains.
•
“Orphan Domain Name”: A validly registered domain name that is no longer managed by
a Registrar.
•
“Procedures Manual”: Technical manual for Registrars relating to the implementation of
acts on a domain name.
•
“Registrar”: A corporate entity defined in Article R.20-44-34 of the French Electronic
Communications and Telecommunications Act, in the context of the contract signed with
AFNIC, that supplies registration services for its customers’ domain names.
•
“Registry”: A corporate entity responsible for assigning and managing the Internet
domain names referred to in Article R.20-44-34 of the French Electronic
Communications and Telecommunications Act.
•
“State/AFNIC Agreement”: Agreement between the French government and AFNIC
regarding the assignment and management of .fr Top-Level Domain names.
3. PURPOSE
1. The purpose of this contract is to define the contractual relations between AFNIC, in its
position as Registry, and the Registrars.
4. CONTRACTUAL DOCUMENTS
1. The contractual documents binding upon AFNIC and the Registrar are, in order of priority:
•
This contract, (hereinafter referred to as “the registration contract”);
•
The Naming Policy;
•
The Registrar’s identification form;
•
Appendix 1, “Invoicing Schedule”;
•
Appendix 2, “Authorisation for Withholding”.
2. In case there is a contradiction between documents of different content and priority, the
stipulations in the higher-priority document shall prevail.
5. EFFECTIVE DATE - DURATION - RENEWAL
1. The contract takes effect when it is accepted by the Registrar.
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2. For the first year, the contract covers a period that expires on December 31 of the current
calendar year, regardless of the date on which the Registrar formalised its acceptance of the
contract.
3. Thereafter, the contract is renewed by tacit agreement on a year-to-year basis, effective as of
the 1st of January and expiring on December 31 of each year.
6. STIPULATIONS CONCERNING THE REGISTRY
1. As a Registry, AFNIC assigns domain names, manages the domain name registry, and collects
from Registrars identification data regarding the individuals and companies who hold domain
names.
It implements measures required to ensure the quality of these data. In this capacity, it conducts
regular audits.
2. To fulfil its mission properly, AFNIC may need to define:
•
•
•
•
•
The Naming Policy(ies);
Transparent and non-discriminatory procedures for Registrars in accessing the services,
Requirements for permanence, quality and availability of infrastructures and/or tools
connected with the assignment and management of domain names,
Practical methods for judging and evaluating Registrars and their results,
The good practices framework, the code of ethics charter, or any similar document
targeted to Registrars.
3. To this end, AFNIC develops the policies, procedures, methods and terms of use or licences
corresponding thereto.
4. In terms of the technical aspects, AFNIC provides the following services, in particular:
•
•
•
•
•
•
•
Follow-up of installed zones;
Overseeing the FRNIC Whois database to ensure consistency;
Operating the DNS service for France’s naming zone;
Monitoring the operation of name servers;
Developing operational automation tools;
Managing information servers;
National and international co-ordination.
5. Before AFNIC implements any technical and/or administrative change that may have a direct
impact on the Registrar, it will give at least three months’ notice to the latter, having indicated
that the implementation can take place only at the end of a two-month period after the
specifications become available. Nevertheless, certain urgent, special and justifiable changes
may depart from the application of these stipulations (regulatory changes, consequences of a
court ruling, etc.).
6. AFNIC answers information enquiries from the Secretary of Electronic Communications
regarding AFNIC’s operations and the Registrars’ activities.
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7. AFNIC provides Registrars with an online tool that they can use to manage the administrative
and technical aspects of their registration activity.
8. AFNIC makes public the prices for services rendered connected with domain names.
7. STIPULATIONS CONCERNING THE REGISTRAR
The Registrar’s involvement fits into the context of application of Articles L.45 and R.20-44-34
to R.20-44-51 of the Electronic Mail and Communications Code.
7.1 STIPULATIONS RELATIVE TO THE REGISTRY
1. Registrar agrees to observe all policies, procedures, methods and terms of use or licence
established by AFNIC.
2. Registrar agrees to comply with any decisions rendered by AFNIC’s deliberative bodies and,
where appropriate, to collaborate with all other Registrars. Moreover, Registrar agrees to comply
with the good practices framework, with the code of ethics charter or with any identical
document that may be adopted by AFNIC.
3. With each request for administrative action, and subject to changes resulting from the move to
paperless procedures, Registrar shall assemble and send to AFNIC, in strict observation of the
terms of the Naming Charter, the components and/or documents, if any, that correspond to each
request for administrative action.
4. Registrar must answer AFNIC’s requests within 72 hours, or within 48 hours if AFNIC
justifies this urgency in its request. More particularly, Registrar agrees to answer AFNIC’s
requests and generally assist AFNIC in settling any disputes, whether contentious or a
preliminary infringement procedure, which may involve one or more domain names in the
naming zone(s) organised at AFNIC. Specifically, Registrar must:
•
Submit within the time period established by AFNIC any requested information or
document;
•
Fulfil, within the established deadline, any request from AFNIC connected with
administration of one or more domain names in the .fr naming zone, including the
removal or transfer of a domain name.
5. Registrar must submit to AFNIC, and must permanently maintain a working telephone number
and/or e-mail address that AFNIC can use to contact the Registrar during business hours.
6. Registrar agrees to keep current any information submitted to AFNIC in the context of this
contract and, in particular, any identification data and information regarding any services offered
to customers. Registrar must notify AFNIC immediately regarding any changes or modifications
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via e-mail or any other suitable method, or by using the section on AFNIC’s Web site that is
provided for this purpose.
7. Registrar shall notify AFNIC of any proceedings that may affect the former’s legal status and,
in particular, its placement into receivership or liquidation, a partial or total buyout, etc.; this
notification must be submitted within eight (8) days after the event in question.
8. Registrar is prohibited from undertaking any technical act or intervention that might
negatively impact the proper operation of AFNIC’s services, and more generally, agrees to
follow best practices or any other provisions stipulated by AFNIC
7.2 STIPULATIONS CONCERNING REGISTRAR’S CUSTOMERS
1. Registrar is solely responsible for the business or non-business relationship maintained with its
customers.
2. Registrar shall monitor its customers’ compliance with all legal and regulatory provisions
provisions as well as the terms of the Naming Charter(s) in the version that was in effect on the
day an administrative action was requested, and its customers’ observation of all methods and
terms of use or licences established by AFNIC. Any subsequent updates thereof shall be
communicated by the Registrar to its customers. The Registrar shall take whatever steps are
deemed necessary to fulfil this responsibility.
3. At the time that a customer requests registration of a domain name, the Registrar must obtain
from the customer confirmation that the customer:
•
Meets all eligibility criteria;
•
Is submitting the registration request in good faith and that to his knowledge, it will not
adversely affect the rights of any third parties;
•
Agrees to abide by the Naming Charter that applies to the domain name being registered.
4. Moreover, Registrar agrees to notify its customers regarding:
•
Their rights and obligations as holder of the domain name;
•
Eligibility requirements of an applicant;
•
Their responsibility concerning the choice of domain name and, in particular, the
obligation to comply with the rules established by Articles L.45 and/or R.20-44-42 to R.
20-44-47 of the Electronic Mail and Communications Code;
•
The need to supply the components that enable their identification;
And, in general, to make available to its customers the Registry’s documents and policies.
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5. Registrar commits to annually contact their customers in order to update the holder
information in the Whois database: for this matter the registrar will use all the means he judges
fit to satisfy this obligation.
6. Registrar must comply with the requirements for identification imposed by the law of June 21,
2004, also known as the law on security in the digital economy, and must observe the applicable
regulations governing sales leads and, more particularly, the stipulations for giving one’s consent
to electronic sales lead operations.
7. Registrar also must comply with the obligations imposed by the Consumer Code when
applicable and, in particular, the stipulations in Articles L.121-16, L.132-1 and L.136-1 (this list
of articles may not be complete).
8. To carry out this contract, Registrar appoints one or more persons who have the necessary
abilities and knowledge of the technical environment to meet customers’ expectations.
9. Registrar also must make available to its customers any useful means that enables them to
obtain answers to their enquiries and expectations.
8. “WHOIS” DATABASE
1. The “Whois” database is the only public reference database for the purposes of Article R.2044-48 of the French Electronic Communications and Telecommunications Act.
2. The Registry shall establish the “Whois” database on the basis of information provided to it by
Registrars.
3. The Registry has a duty under Law No. 78-17 of 6 January 1978 on Data Processing, Files and
Individual Liberties, known as the “Data Protection Act” to ensure that personal information
concerning individuals (first name, second name, address, telephone and fax numbers, e-mail
address) is protected and not made public. This process (known as “restricted dissemination”)
shall apply by default.
4. As the holder of copyright to its database, AFNIC has exclusive ownership rights to this
database and any related documents, pursuant to Article L.112-3 of the Intellectual Property
Code.
5. AFNIC establishes the rules for setting up, publishing, accessing and maintaining in working
order the Whois database and any other database it may create out of the “Whois” database.
6. As a result, Registrar is prohibited from:
•
Adversely affecting, either directly or indirectly, AFNIC’s intellectual property rights and
legitimate interests;
•
Any use of the information in the "Whois" database for any purpose other than those
strictly limited to technical services related to the administration of domain names;
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•
In particular, any use in support of the transmission of unsolicited messages.
9. FINANCIAL ASPECTS
1. The invoicing schedule includes the summary statement of applicable fees for the current year:
• The amount of the annual fee,
• The fee to be invoiced for each administrative action,
• The fee for other services performed by AFNIC.
2. The invoicing schedule applies to the calendar year, i.e. from the 1st of January to December
31 of each year.
3. The invoicing schedule is readjusted every year and is applicable as of the 1st of January of the
following year.
4. When the invoicing schedule is modified, AFNIC notifies the Registrar concerning this
adjusted schedule using any suitable means of communication and, in particular, by sending a
postal letter or an e-mail message.
5. In special cases, the Board of Directors may decide to adjust the invoicing schedule during the
year, but only if this change leads to a fee reduction. In this situation, Registrar will receive an email notification at least one month prior to the adjustment.
10. INVOICING – PAYMENTS
1. The amount of the annual fee is due for the current year.
2. It is payable on the date when Registrar accepts the contract and, if the contract is renewed,
the fee is due no later than January 31of that year.
3. The amount of the annual fee cannot be fully or partially reimbursed for any reason.
4. Access to AFNIC’s services is possible only after the annual fee is received.
5. AFNIC sends an invoice at the end of the month for any administrative actions it performs on
domain names.
6. Invoices for administrative actions must be paid within thirty days (30 days) of the invoice’s
issue date.
7. AFNIC invoices the maintenance of the domain name to the registrar for one year. However,
AFNIC is working to allow multiple year invoicing. The terms of this new feature will be
communicated to the registrar by AFNIC before its launch.
8. Registrar shall pay the amounts due to AFNIC with the help of one of the payment methods
selected herefrom by the Registrar, or by using any other method set up by AFNIC.
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9. Any request for a change in payment methods shall be submitted by the Registrar to AFNIC.
10. AFNIC also issues invoices for expenses incurred in processing everyday operations,
including particularly, but not limited to, fees for bounced cheques, the cost of sending registered
mail, and administrative expenses connected with a specific procedure.
11. If Registrar is late in paying the amounts due to AFNIC, and in consideration of the loss
experienced by AFNIC because of this delay, AFNIC will apply late fees equivalent to one and
three times (3 x) the legal interest rate that was in effect between the contracted payment date
and the actual payment date, without affecting any other compensation it may seek.
11. LIABILITY
1. Each party is responsible for seeing that all of its responsibilities are properly discharged.
2. Registrar expressly acknowledges that any objection raised in regard to the registration and/or
use of a domain name, regardless of the nature of the objection, is directly connected to its
activity and responsibilities as a Registrar.
3. Registrar will make it his personal business to address any complaint regarding the registration
and/or use of a domain name.
4. Registrar agrees to indemnify and hold AFNIC harmless for the consequences of any
complaints or legal actions that might be undertaken against him.
5. Registrar also agrees to be liable for payment of any fines or penalties and all expenses
charged to AFNIC either through a court ruling or following an out of court settlement of a
lawsuit.
6. At AFNIC’s request, Registrar will intervene in all proceedings, legal or otherwise, that may
be undertaken against AFNIC.
The foregoing provisions apply notwithstanding the existence of any civil wrong attributable to
Registrar.
12. IDENTIFICATION CODES
1. Registrars possess identification personal and confidential codes that are submitted to them by
AFNIC allow them to access applications intended for use by Registrars only.
2. The technical methods for implementing these identification codes (login names/passwords,
electronic signatures and certificates, etc.) are defined by AFNIC, and Registrar agrees to
implement them according to instructions sent to Registrar by AFNIC.
3. Registrar is solely responsible for the use, protection and confidentiality of its identification
code(s) as well as all confidential information transmitted by and through AFNIC.
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4. If a Registrar is allowed to modify all or part of his identification code, such modification shall
be at the sole discretion of the Registrar, and shall be his sole responsibility.
5. Any use of identification code(s) indisputably implies utilisation of the service by Registrar
until an objection is raised.
6. Registrar agrees to inform AFNIC immediately, using any suitable means, regarding any
difficulty in communicating to third parties its identification code(s) and any theft thereof and,
generally speaking any risk that the confidentiality of the code(s) might have been compromised.
This information shall be confirmed via registered letter with delivery receipt.
13. AGREEMENT ON EVIDENCE AND PAPERLESS EXCHANGES
1. Exchanges between AFNIC and Registrar may occur electronically through the addresses
specified by the Parties.
2. Documents in an electronic format that are exchanged between the Parties shall serve as
evidence, subject to any identification of the person from whom the documents are issued, that
said documents are created and kept in reasonable condition so as to ensure their integrity. In
case of disagreement between the Parties, the information stored on AFNIC’s servers represents
evidence between the Parties.
3. AFNIC does its utmost to encourage a policy of paperless exchanges to foster relations with
Registrars and to facilitate implementation of administrative actions. The conditions for this
move toward paperless exchanges are sent to Registrar by AFNIC prior to implementation of
said conditions.
14. DOCUMENTARY EVIDENCE AND ELECTRONIC ARCHIVING
1. Registrar is responsible for the items and/or documents that it sends to AFNIC. It keeps the
documents that are submitted to it by its customer.
2. It is responsible for sending to AFNIC the required evidence when such a submission is called
for. In all other cases, it sends the items and/or documents upon request by AFNIC pursuant to
stipulations indicated herein.
3. Registrar shall determine how it will preserve the data and documents it possesses. AFNIC
shall not be held responsible for:
•
•
an inability to send these items;
the sending of items of which the probative value is contested.
15. AUDITS
1. AFNIC may conduct selective audits.
2. These audits may be done on actual evidence or on-site in the Registrar’s offices.
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3. The audit is defined as being performed “on the actual evidence” if AFNIC asks to be sent one
or several items and/or documents. Registrar sends the requested items and/or documents no
more than 72 hours following the request; this deadline can be shortened to 48 hours for urgent
cases.
4. The audit can be performed on-site if Registrar is given 72 hours’ advance notice.
16. COLLABORATION
1. The Parties agree to work closely together within the context of their relationship.
2. The Parties consent that they will maintain an active and ongoing collaboration by sending to
each other all requested items.
3. Registrar shall communicate to AFNIC any difficulties it experiences while fulfilling this
contract, so that they can be dealt with as soon as possible and in order to maintain security in the
naming zone organised at AFNIC.
4. Registrar agrees to co-operate and work with AFNIC and, if necessary, to collaborate with the
other registrars to ensure effective fulfilment of any AFNIC request regarding the administration
of a domain name in the .fr naming zone, including requests to block, transfer or remove a
domain name.
17. CONFIDENTIALITY
1. The Parties agree to observe the requirement for keeping confidential any type of information
they acquire while carrying out this contract.
2. This confidentiality requirement does not apply:
•
For situations in which either party would need to divulge this information within the
context of a legal proceeding, no matter what the reason therefore;
•
When either party would need to provide evidence to the tax authorities in support of
accounts created while fulfilling this contract;
•
To the Parties’ certified public accountants and auditors, who are sworn to professional
secrecy in service of their Registrar by virtue of Article 378 of the Penal Code.
3. The provisions of this article shall remain in effect even after the conclusion of the contractual
relationship established between AFNIC and Registrar.
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18. INTELLECTUAL PROPERTY
1. The website and its components, including but not limited to trademarks, artwork, models,
images, text, photos, logos, graphs, software, search engines, databases and domain names, are
the exclusive property of AFNIC.
2. AFNIC freely enjoys all of its intellectual property rights. It defines as may be necessary the
conditions under which third parties may exploit the rights it holds to these various elements.
3. Registrar shall respect all of AFNIC’s rights: intellectual property rights, industrial rights,
literary and artistic rights. Registrar shall not use or reproduce AFNIC’s trademarks, logos or
other distinctive signs without AFNIC’s express prior permission.
4. Any reproduction or representation, in whole or in part, of one of these rights, without the
express authorization of AFNIC, is prohibited and will constitute an infringement sanctioned
under Articles L.335-2 et seq. of the French Intellectual Property Code.
5. As a result, Registrar is prohibited from any action or activity the might adversely affect,
directly or otherwise, AFNIC’s intellectual property rights.
6. This contract does not in any way assign to the Registrar any type of intellectual property
rights to the elements belonging to AFNIC.
19. DATA PROTECTION
1. Within the context of communication of personal data to AFNIC by the Registrar, the
Registrar guarantees:
•
That it complied with the obligations stipulated in law No. 78-17 of January 6, 1978, in
particular (1) the consideration, in time, of the requirements for prior declaration or
authorisation and for obtaining the corresponding receipts or authorisation orders, (2) the
requirement to notify the people involved and to obtain their consent, if necessary, (3) the
implementation of honest and legal methods of data collection and processing, (4) the
consideration of the aforementioned persons’ acknowledged rights of access, correction
and objection;
•
that personal information can be sent legally to AFNIC and that the latter may use this
information freely within the context of its activities and within the limits of complying
with legal obligations;
•
that the personal information that is sent or transmitted are correct, complete and, if
necessary, updated; appropriate steps must be taken to ensure that data that are incorrect
or incomplete as regards the purposes for which they are collected or processed are
deleted or corrected.
2. In any case, AFNIC reserves the right to set up exclusion lists pursuant to the Information
Technology and Rights Law, in application of the decision rendered by the French Data
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Protection Authority (CNIL) on September 13, 2007, No. 2007-246, and is not required to
submit prior notification to the Registrar.
3. Personal information transmitted by the Registrar is processed automatically, and AFNIC
declared this to the French Data Protection Authority (CNIL).
4. AFNIC has designated an individual to be responsible for protecting personal data (this
individual is called a Correspondent for Protection of Personal Data - Correspondant
Informatique et Libertés / CIL). By virtue of Article 22 II of Law No. 78-17 of January 6, 1978,
this individual’s mission is to create a list of data processed by AFNIC, to update this list and to
provide consulting to ensure AFNIC’s compliance with the Information Technology and Rights
Law.
5. Registrar agrees to alert AFNIC immediately by e-mail or by fax if the CNIL performs an
audit on data connected with [Internet-related] naming.
20. ADMINISTRATIVES INITIATIVES
1. Each Party must ensure that it has obtained all administrative authorisations that may be
required to carry out its functions.
21. PROMOTION - ADVERTISING
1. On its website AFNIC publishes information provided by the Registrar relating to the latter’s
range of services and charges. The Registrar alone is responsible for ensuring that the
information supplied is accurate and up to date. This publication will in the end result in a
directory which lists the type of services offered and the kind of clientele addressed by every
Registrar.
2. AFNIC will also commission an independent partner to conduct a continuous public survey
(or “observatory”) of Registrars. That observatory will measure and compare the quality of
certain services provided by Registrars and the tariffs they offer.
3. AFNIC will also set up a special list of Registrars which meet certain conditions, such as
satisfactory performance in technical tests and the provision of a full range of .fr domain
services.
4. Neither AFNIC’s actions nor those of the published Observatory of Registrars are in any way
to be regarded as an accreditation, approval, or seal of quality.
5. AFNIC intends to be a promotional intermediary for the Registrars and, to this end, may
undertake a certain number of promotional and/or advertising campaigns.
6. Moreover, AFNIC may initiate and organise “special operations” designed to develop the
naming zones it administers.
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7. It is up to the Registrar whether or not it shall participate in the “special operations” organised
by AFNIC under the terms previously sent.
8. Participation by each Registrar in a “special operation” may be the subject of an individual
contract reflecting stipulations in this contract.
22. SUBCONTRACTING
1. Registrar may subcontract all or part of its services but, in any case, it remains solely
responsible for the proper application of this contract.
23. INSURANCE
1. Each party declares that it is insured against any harmful consequences of acts for which it
could be held responsible within the context of applying this contract, and that this coverage is
underwritten by an insurance company that is known to be solvent.
24. PENALTIES
1. If Registrar breaches any of its obligations, AFNIC may impose on Registrar one of the
following penalties:
•
Warning via electronic mail: the warning is a minor penalty. The purpose of this penalty
is to remind Registrar of its obligations;
•
On-site observation: the on-site observation consists of making public the breach(es)
discovered by AFNIC. It tends to restore balance to information among the public;
•
Temporary Suspension: temporary suspension is in connection with a breach that is more
serious than a non-compliance resulting in a warning or an on-site observation. In case of
temporary suspension of its account, Registrar may not proceed with any new
administrative action on the domain names it manages, nor may it seek any new
registrations;
•
Standard Penalty: AFNIC may impose on Registrar a financial penalty in the lump-sump
amount of 500 euros, excluding tax. The standard penalty may be combined with other
sanctions or applied separately.
2. The penalty imposed by AFNIC shall be commensurate with the seriousness of the breach(es)
that are discovered.
3. A specific penalty is independent of any other penalty, and penalties shall not be considered as
obligatory steps.
4. The procedure for notifying Registrar of a breach is as follows:
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•
•
•
•
AFNIC sends a registered letter with delivery receipt to Registrar notifying it of the
breach(es) discovered and the intended penalty/penalties to be imposed;
Registrar has eight (8) calendar days to respond to AFNIC and to state its position;
The penalty in question is imposed or not imposed, depending on Registrar’s response;
If Registrar fails to respond, this is considered as an acceptance on its part.
5. In case of a behavior that would impair AFNIC's quality of service to its customers and disrupt
the good functioning of the tools available, AFNIC reserves the possibility of taking all
protective means to save the technical environment.
As soon as the incident is observed, AFNIC contacts the concerned registrar by the means of the
contact information indicated in the present contract. AFNIC will inform the registrar of the
situation, the taken emergency measures and requests the immediate necessary corrections to
regain a normal situation.
6. Imposition of penalties helps ensure optimum quality in the services rendered.
25. CANCELLATION – TERMINATION
1. In case of serious or repeated breach by Registrar of any of its obligations, AFNIC may, ipso
jure, declare this contract to be cancelled/terminated.
2. The termination/cancellation procedure is as follows:
•
•
a registered letter with delivery receipt announcing the suspension of Registrar’s account
within forty-eight (48) hours for a period of fifteen (15) calendar days;
ipso jure declaration of termination/cancellation of the contract at the end of fifteen (15)
calendar days’ prior notice, communicated via registered letter with delivery receipt.
3. Unless the breach is especially grievous, suspension of the account shall occur, as a general
rule, after several follow-ups by AFNIC.
4. Registrar may, at any time, contact AFNIC to rectify its situation.
26. NON-RENEWAL OF THE CONTRACT BY REGISTRAR
1. Registrar may terminate this contract by sending a registered letter with delivery receipt to
AFNIC:
•
•
At the time of revision of the contract and/or of the invoicing schedule, prior to
December 31 of the current year. This termination takes effect as of December 31 of the
current year.
Before expiration of the current contractual period, with 30 days’ prior notice, by
notifying AFNIC of Registrar’s desire not to renew its participation.
27. CONSEQUENCES TO THE CESSATION OF CONTRACTUAL RELATIONS
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1. In case of cessation of contractual relations for any reason (total or partial cessation of
activities, collective bargaining, transfer/assignment, termination due to breach, etc.) AFNIC
deactivates Registrar’s account on the actual day of cessation of contractual relations and
removes its name from the list of Registrars disseminated on-line.
2. Registrar agrees to inform its customers that they need to select a new Registrar for all the
orphan domain names they hold.
3. It is Registrar’s responsibility ensure migration of the domain names it manages under this
contract no later than the day on which the contractual relations ended.
4. Moreover, in case of expiration or termination of the contract for any reason, the customer
shall have the right to request that the Registrar provide to the customer all the information it will
need to prepare the migration of orphan domain names.
5. Registrar assumes thereof full responsibility for the claims and appeals of its customers.
6. Unless it involves a forced action, AFNIC may contact Registrar’s customers directly to
advise them of the situation and to ask them to choose a new Registrar. In such case, Registrar
shall pay any expenses of all kinds (particularly postal costs) corresponding to initiatives
undertaken by AFNIC on its premises.
7. Cessation of contractual relations for any reason (total or partial cessation of activities,
collective bargaining, transfer/assignment, termination due to breach, etc.) necessitates the
immediate payment of amounts due, including any penalties as described above.
8. As of the date of cessation of contractual relations, Registrar agrees to return all documents
supplied by AFNIC and to refrain from using the documents, codes and identifiers sent by
AFNIC. Unless these are returned within fifteen days (15 days) of cessation of contractual
relations, Registrar agrees to destroy all supplied documents and to delete the identification
codes assigned by AFNIC. Moreover, Registrar agrees to stop using any logo, symbol or other
distinguishing sign of AFNIC.
28. TRANSFER/ASSIGNMENT OF CONTRACT
1. For reasons dictated by proper administration of domain names in the naming zone organised
by AFNIC and preservation of the interest of Registrar’s customers, the rights and obligations
inherent in this contract may be the subject of a total assignment, free of charge, or a partial
assignment, against payment, but only under the following cumulative conditions:
•
AFNIC receives prior notice of this;
•
All amounts due to AFNIC by the original Registrar are fully paid and actually deposited
by AFNIC;
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•
AFNIC receives, via registered mail with delivery receipt, the official agreement between
the original Registrar and the Registrar that assumes responsibility for the terms of this
contract;
•
AFNIC receives, within 30 days of the transfer/assignment, the new contract duly signed
by the new Registrar including, in particular, its contact information;
•
The fate of all domain names managed by the original Registrar is taken into
consideration, and all customers are notified regarding the change to be made by the
latter.
2. AFNIC may yield, to any company of its own choosing, all or some of its rights and
obligations defined in this contract, but it is responsible for notifying the Registrar regarding this.
29. NULLITY
1. If one or several stipulations of this contract is/are deemed to be invalid or declared as such in
application of a law or regulation or resulting from a final decision rendered by an appropriate
court, the other provisions shall retain their full legal force and scope.
30. HEADINGS
1. In case of difficulty in interpreting any of the headings above any of the clauses in this
contract, the headings are deemed to be non-existent.
31. FORCE MAJEURE
1. Any Act of God shall suspend performance of this contract.
2. In case of Acts of God last for more than 1 (one) month, this contract shall be terminated
automatically and ipso jure, unless the Parties agree otherwise.
3. Events that the French courts and tribunals typically deem to be Acts of God shall be expressly
considered herein as cases of Acts of God or accidents.
32. INDEPENDENCE OF THE PARTIES
1. The Parties acknowledge that each of them act on its own behalf as independent entities and
are not considered to be agents of one another.
2. Neither of the Parties may undertake anything in the name of and/or on behalf of the other
Party.
3. Also, each Party remains solely responsible for its actions, allegations, undertakings, services,
products and staff.
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33. INTEGRALITY
1. This contract expresses the integrality of the Parties’ obligations.
34. GOOD FAITH
1. The parties hereby agree to perform their obligations with the utmost good faith.
35. GENUINENESS
1. The Parties declare that the obligations in this contract are genuine.
2. To this end, the Parties state that, to their knowledge, they possess no item which, if it had
been sent, would have changed the consent of the other party.
36. LANGUAGE
1. Only the French version of this contract is authentic between the Parties.
37. APPLICABLE LAW
1. The provisions of this contract are governed by French law.
38. JURISDICTIONAL AUTHORITY
1. In case of a dispute, and after attempts have been made to seek an out-of-court settlement,
express jurisdictional authority is assigned to the District Court of Versailles, notwithstanding a
plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent
or on-demand proceedings.
39. OPPOSABILITY
1. By filling in and signing the identification form, the Registrar becomes a customer of
AFNIC’s.
2. In case of revision of this contract, AFNIC shall send the modified version to Registrar, in the
format of its choosing, no later than December 1st, of each year.
3. The new contractual conditions apply automatically beginning on January 1st, of the following
year, unless the customer terminates the contract within the timeframe allowed by the contract.
4. In application of Articles 1369-1 et al of the Civil Code, AFNIC may send the new version of
the contracts via electronic mail to the address indicated by the Registrar; or may disseminate,
on-line within the section designated for Registrars, the modified version of the contract by
inviting Registrars to connect to the AFNIC Web site and to become familiar with its contents.
For contractual relations between professionals, the decision has been made expressly to depart
from all the rules which, in form and content, are set forth within said Articles.
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40. REVISION OF THIS CONTRACT
1. Whenever necessary, the terms of this contract may be revised by AFNIC.
2. AFNIC agrees to modify this contract no more than once per year, unless:
•
One of its deliberative bodies renders a specific decision;
•
Or
•
On request of the Secretary of Electronic Communications;
•
Or
•
To take account of a change in the regulatory framework or a legal decision.
In this hypothesis, the new contract is sent to all the Registrars by the AFNIC under the shape of
its choice.
In the absence of being denounced by the Registrars within 30 (thirty) days as from the date of
the provision of the new contract, the new contractual conditions apply automatically.
41. LIST OF APPENDICIES
The documents appended to this agreement are the following:
•
•
Appendix 1: 2011 Invoicing Schedule;
Appendix 2: Authorisation for withholding to be completed and signed.
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Appendix 1
2011 Invoicing schedule
The annual fee corresponds to two service options and is a one-time payment each year.
For any request issued after the 1st of July of the current year, Registrar is liable only for one-half of the
base annual fee amount.
A Registrar may choose between the “Option 1” annual fee or the “Option 2” annual fee.
A change of Options can be made only at the time the contract is renewed, by sending a message to
AFNIC prior to December 31 of the current year, to take effect on the 1st of the following January.
A description of services included in each of the Options can be viewed at AFNIC’s Web site.
Invoicing schedule, in €, excluding tax
Applicable from the 1st of January through December 31, 2011
Option
Fee
Creation
Reactivation
Transfer
Change of
Registrar
Maintenance *
1
€ 1,450 ex. VAT € 4.80 ex. VAT € 4.80 ex. VAT € 4.80 ex. VAT
2
€ 500 ex. VAT € 5.80 ex. VAT € 5.80 ex. VAT € 5.80 ex. VAT
* charged the month following the anniversary month of the last paid administrative action
Specific conditions:
1) In application of Article 28, “Transfer/Assignment of the Contract”, when a total
transfer/assignment of a portfolio of domain names is executed free of charge, AFNIC shall apply
specific financial terms to the Registrar that partially takes over the portfolio of domain names of
another Registrar:
Fee for 1 to 30 domain(s)
Beginning with the 31st domain
Partial Transfer /
Assignment of Activities
€ 180 ex. VAT
€ 5 ex. VAT / domain
2) Expenses incurred by AFNIC for bounced cheques shall result in the imposition of a penalty in
the amount of 10 €, excluding tax, for each bounced cheque, to be deposited via electronic funds
transfer or by bank card, beginning with the 2nd bounced cheque, independent of the application
of Article 24 in the contract regarding imposition of a standard penalty in case of default.
3) Expenses incurred by AFNIC for collections on cheques cleared outside of France shall
necessitate the invoicing of corresponding fees, at the end of the current year, according to the
bank fee schedule in effect.
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Appendix 2
Authorisation for withholding
to be completed and signed
Debtor organisation
(Registrar)
Banking references of the
organisation
.......................................………….
Name of authorised person :
...............................................……..
Address:
.................................................……
.................................................……
- Bank:........................................…
- Agency (full address required)
.........................……………………..
........................................................…
Attach a
document giving
details on your
bank account
........................................................…
- Account number:...........................…..
…………………………………….
Please debit my account for the amount of the requests for debit to be issued in my name by the
credit organisation designated below, with no other notice and if the account balance is
sufficient.
It is understood that in case of a dispute regarding a debit, I must settle the disagreement with the
credit organisation.
You do not need to notify me regarding the completion of these transactions beyond the account
statements that you will send me, even if they were not completed.
Signed in
on
Signature:
Creditor Organisation:
AFNIC
Immeuble International - 2, rue Stephenson
Montigny-le-Bretonneux
78181 Saint-Quentin-en-Yvelines Cedex
France
Issuer’s national number: 434631
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Registration Contract

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