ccTLD Sponsorship Agreement (.au)
(Proposed)
This ccTLD Sponsorship Agreement ("Agreement") is by and between
the Internet Corporation for Assigned Names and Numbers (ICANN), a not-for-profit
corporation, and .au Domain Administration Limited (auDA) a not-for-profit
organisation incorporated under the laws of Australia.
1 Recitals
1.1
ICANN is a non-profit corporation formed on 30 September 1998 for purposes
of providing technical-coordination functions for the Internet in the
public interest. Among ICANN's responsibilities is to oversee operation
of the Internet's Authoritative Root-Server System.
1.2
The .au Domain Administration Limited (auDA) is a not-for-profit organisation
incorporated under the laws of Australia as Australian Domain Name Administration
Ltd on 23 June 1997. On 19 April 1999 it adopted a new constitution
and changed its name to .au Domain Administration Ltd. with the intention
of managing the .au top-level domain in the public or common interest.
1.3
Effective 31 December 2000 auDA and the Government of Australia represented
by the National Office for the Information Economy (NOIE) and its Minister
for Communications, Information Technology and the Arts, entered into
an Agreement by which the Government of Australia designated auDA to
hold administrative authority for the .au ccTLD. The Agreement appears
as Annex 1 to this Agreement.
1.4
On 28 May 2001 in a communication from Chris Disspain, CEO auDA, to
the Internet Assigned Numbers Authority (IANA), auDA formally requested
the redelegation of the .au domain to auDA. The communication contained
the auDA Constitution, a technical report, the 31 December 2000 letter
(see recital 1.3) and a summary of the Telecommunications Legislation
Amendment (TLA) Bill 2000, as well as a communication from NOIE to Robert
Elz (the .au manager at the time) on the Government's endorsement of
auDA as the appropriate body to assume the transfer of authority for
.au. The communication appears in Annex 2 to this
Agreement.
1.5
On 18 June 2001 in a letter signed by Chris Disspain, CEO auDA, to Senator
Alston, Minister for Communications, Information Technology and the
Arts, regarding redelegation of .au, auDA reconfirmed its commitment
to the Government of Australia that it will comply with clause 9 of
the GAC Principles. The 20 June 2001 letter appears as Annex
3 to this Agreement.
1.6
On 4 July 2001 Senator Alston wrote to ICANN's President and Chief Executive
Officer, Stuart Lynn, confirming the Government of Australia's endorsement
of auDA. The 4 July 2001 letter appears as Annex 4
to this Agreement.
1.7
On 8 August 2001 ICANN's President and Chief Executive Officer, Stuart
Lynn, wrote Senator Richard Alston requesting reconfirmation of the
Australian Government's endorsement of redelegation of .au to auDA in
light of communications from the existing manager, Robert Elz and the
CEO of Melbourne IT. The 8 August 2001 letter appears as Annex
5 to this Agreement.
1.8
On 16 August 2001 Senator Richard Alston wrote ICANN's President and
Chief Executive Officer, Stuart Lynn, reconfirming the Australian Government's
endorsement of the redelegation of .au to auDA, its commitment to ensuring
administration of the .au ccTLD for the benefit of the Australian community,
and its support of ICANN as the appropriate international entity to
oversee the technical coordination of the Internet in a manner that
will preserve it as an effective and convenient mechanism for global
communication and commerce. The 16 August 2001 letter appears as Annex
6 to this Agreement.
1.9
On 31 August 2001 the IANA issued its Report on the "Request for
the .au Domain Administration (auDA) for Redelegation of .au Top-Level
Domain", finding that auDA is the appropriate delegee of the .au
ccTLD. The report appears as Annex 7.
1.10
auDA and ICANN desire for the Government of Australia to assume responsibility
for overseeing the interest of Australia and its Internet community
in the .au top-level domain, with ICANN continuing its role of preserving
the technical stability and operation of the DNS and Internet in the
interest of the global Internet community. To implement an allocation
of the respective responsibilities of the Government of Australia and
ICANN with respect to the .au top-level domain on that basis, auDA and
ICANN now enter into
this Agreement to formally reflect their commitments to one another.
2 Definitions
2.1
The "Authoritative-Root Database" refers to the database described
in Section 3.2.
2.2
The "Authoritative Root-Server System" means the constellation
of DNS root nameservers specified, from time to time, in the file ftp://ftp.internic.net/domain/named.root>.
2.3
Unless otherwise specified, "days" refers to calendar (rather
than business) days.
2.4
The "Delegated ccTLD" means the .au top-level domain of the
Internet domain-name system.
2.5
"DNS" refers to the Internet domain-name system.
2.6
"Governmental Authority" means the Government of Australia,
as represented by the National Office for the Information Economy (NOIE).
2.7
The "Governmental Communication" means the laws, regulations,
agreements, documents, contracts, memoranda of understanding, and other
written instruments regulating the relationship between the Sponsoring
Organization and the Governmental Authority. The Governmental Communication
at the commencement of this Agreement is described in Sections 1.3
and 1.4.
2.8
"ICANN" refers to the Internet Corporation for Assigned Names
and Numbers, a non-profit corporation incorporated under the laws of
California, USA, a party to this Agreement, or to its assignee.
2.9
The "Sponsoring Organization" and "auDA" refer to
the .au Domain Administration, Limited, a non-profit organisation incorporated
under the laws of Australia, a party to this Agreement, or to its assignee.
2.10
The "Term of this Agreement" begins on the date when this
Agreement is first signed on behalf of both parties and extends until
this Agreement is terminated.
3 ICANN
Obligations
3.1
Recognition of the Sponsoring Organization. ICANN hereby recognizes
the Sponsoring Organization as the manager of the Delegated ccTLD during
the Term of this Agreement.
3.2
Authoritative-Root Database. ICANN shall maintain, or cause to
be maintained, a stable, secure, and authoritative database (referred
to in this Agreement as the "Authoritative-Root Database")
of relevant information about TLDs maintained in the Authoritative Root-Server
System. For the Delegated ccTLD, the Authoritative-Root Database shall
contain information about at least the Sponsoring Organization, the
administrative contact, the technical contact, and the nameservers.
3.3
Designation of Administrative and Technical Contacts. At the
commencement of the Term of this Agreement, the administrative and technical
contacts for the Delegated ccTLD shall be as stated on Attachment
A. From time to time during the Term of this Agreement, the Sponsoring
Organization may, by notifying ICANN in writing, request a change in
the designation of the administrative or technical contact. The administrative
contact must reside in the territory of the Governmental Authority during
the entire period he or she is designated as such. The request for designation
of an administrative or technical contact must be made by the Sponsoring
Organization and be accompanied by complete and accurate contact information
for the newly designated contact according to Section
4.4. ICANN shall implement a request to change the administrative
or technical contact for the Delegated ccTLD in the Authoritative-Root
Database within seven days after ICANN is reasonably satisfied that
the request is genuine and meets the requirements of this Section 3.3.
3.4
Updating of Nameserver Information. At the commencement of the
Term of this Agreement, the host names and IP addresses of the nameservers
for the Delegated ccTLD shall be as stated on Attachment
A. From time to time the during the Term of this Agreement, the
Sponsoring Organization may, by notifying ICANN, request a change in
the host name or IP address(es) of the nameservers for the Delegated
ccTLD reflected in the Authoritative-Root Database. The initial format
and technical requirements for such requests are set forth in Attachment
B. Changes to the format requirements may be made by ICANN upon
thirty days written notice to the Sponsoring Organization. Changes to
the technical requirements may be made only with the mutual written
consent of ICANN and the Sponsoring Organization (which neither party
shall withhold unreasonably) or in the manner provided in Section
5. ICANN shall implement a request for a change to nameserver data
for the Delegated ccTLD in the Authoritative-Root Database within seven
days after ICANN is reasonably satisfied that the request is genuine
and meets the requirements of this Section 3.4.
3.5
Implementation of Updates to Contact Information. ICANN shall
implement a request submitted by the Sponsoring Organization under Section
4.4 to revise contact information in the Authoritative-Root Database
within seven days after ICANN is reasonably satisfied that the request
is genuine and meets the requirements of Section 4.4.
3.6
Publication of Root-Zone Whois Information. ICANN shall publish,
or cause to be published, data maintained in the Authoritative-Root
Database about the Delegated ccTLD. The published data shall include
at least the names of the Sponsoring Organization, the Administrative
Contact, and the Technical Contact. The specification of the data elements
published, the means of publication, and the update frequency of the
publication initially shall be as provided in Attachment
C. Changes to those specifications may be made only with the mutual
written consent of ICANN and the Sponsoring Organization (which neither
party shall withhold unreasonably) or in the manner provided in Section
5.
3.7
Operation of Authoritative Root-Nameserver System; Contents of Authoritative
Root-Zone File. ICANN shall use reasonable commercial efforts to
coordinate the Authoritative Root-Server System to ensure that it is
operated and maintained in a stable and secure manner. ICANN shall cause,
to the extent it has the authority under its agreements and otherwise,
the Authoritative Root-Server System to publish DNS resource records
delegating the Delegated ccTLD to the nameservers recorded in Authoritative-Root
Database.
3.8
Maintenance of Authoritative Records and Audit Trail. ICANN shall
maintain, or cause to be maintained, authoritative records and an audit
trail regarding ccTLD delegations and records related to these delegations.
3.9
Notification of Changes to ICANN's Contact Information. ICANN
shall notify the Sponsoring Organization of any changes to ICANN's contact
information no later than seven days after the change becomes effective.
3.10
Use of ICANN Name and Logo. ICANN hereby grants to the Sponsoring
Organization a non-exclusive, worldwide, royalty-free license during
the Term of this Agreement (a) to state that it is recognized by ICANN
as the Sponsoring Organization for the Delegated ccTLD and (b) to use
a logo specified by ICANN to signify that recognition. No other use
of ICANN's name or logo is licensed hereby. This license may not be
assigned or sublicensed by the Sponsoring Organization. The Sponsoring
Organization does not acquire any right, title or interest in or to
any of ICANN's names or logos as a result of this Agreement.
4. The Sponsoring
Organization Obligations
4.1
Provision of Nameservice for the Delegated ccTLD. The Sponsoring
Organization shall cause the authoritative primary and secondary nameservers
for the Delegated ccTLD to be operated and maintained in a stable and
secure manner, adequate to resolve names within the Delegated ccTLD,
and any sub-domains over which the Sponsoring Organization retains administrative
authority, for users throughout the Internet.
4.2
ICANN Access to Zone Files and Registration Data for the Delegated
ccTLD. The Sponsoring Organization shall ensure that the zone file
and accurate and up-to-date registration data for the Delegated ccTLD
is continuously available to ICANN, in a manner which ICANN may from
time to time reasonably specify, for purposes of verifying and ensuring
the operational stability of the Delegated ccTLD only.
4.3
ccTLD Registry Data Escrow. The Sponsoring Organization shall
ensure the safety and integrity of the registry database, including
the establishment at its expense of a data escrow or mirror site policy
for the registry data managed by the Sponsoring Organization. The escrow
agent or mirror-site operator shall be mutually approved by the Governmental
Authority and the Sponsoring Organization, and shall not be under the
Sponsoring Organization's control. The escrowed or mirror-site data
shall be held under an agreement (the "Escrow Agreement")
among the Sponsoring Organization, the Governmental Authority, and the
escrow agent or mirror-site operator providing that (1) the data will
be maintained by the escrow agent or mirror-site operator according
to business practices prevalent within the territory of the Governmental
Authority; (2) the escrow agent or mirror-site operator will verify
the data to be complete, consistent, and in proper format according
to a schedule and procedures to be reasonably agreed by the parties;
(3) upon termination of this Agreement, the data will be provided immediately
to the successor manager for the Delegated ccTLD; and (4) in the event
of such provision, the successor manager shall have all rights to use
of the data necessary to operate the Delegated ccTLD and its registry.
4.4
Accuracy and Completeness of Contact Information. The Sponsoring
Organization shall notify ICANN of any change to the contact information
about the Delegated ccTLD in the Authoritative-Root Database no later
than seven days after the change becomes effective. The administrative
contact for the Delegated ccTLD must reside in the territory of the
Governmental Authority during the entire period he or she is designated
as such. The format of the notice shall comply with requirements established
from time to time by ICANN. The initial format requirements are specified
in Attachment D. Changes to the format requirements
may be made by ICANN upon thirty days written notice to the Sponsoring
Organization.
4.5
Conformity to ICANN Policies. The Sponsoring Organization shall
abide by ICANN policies developed in accordance to Section
5, that concern:
4.5.1
the interoperability of the Delegated ccTLD with other parts of the
DNS and Internet; operational capabilities and performance of the
ccTLD operator; and the obtaining and maintenance of, and public access
to, accurate and up-to-date contact information for domain name registrants;
and
4.5.2
other topics, in the circumstance that the registration policies for
the Delegated ccTLD encourage or promote registrations from entities
or individuals resident outside the territory of the Governmental
Authority, to the extent those policies are applicable to the Delegated
ccTLD, except where (a) the Sponsoring
Organization is prohibited by law from implementing such an other
ICANN policy or (b) the Governmental Authority instructs the Sponsoring
Organization in writing to refrain from implementing such an other
ICANN policy, with three months written notice to ICANN and the ICANN
Governmental Advisory Committee.
4.6
Financial Contributions to ICANN. Throughout the Term of this
Agreement, the Sponsoring Organization shall contribute to ICANN's cost
of operation in accordance with an equitable scale, based on ICANN's
total funding requirements (including reserves), developed by ICANN
on the basis of consensus, as described in Attachment
E.
5 Establishment
of Specifications and Policies
5.1
Procedure for Establishment. The specifications and policies
set forth in Attachment F shall apply to
the operation of the Delegated ccTLD under Section
4.5.1 beginning at the commencement of the Term of this Agreement.
During the Term of this Agreement, new or revised ICANN specifications
and policies applicable to the Sponsoring Organization shall be established
according to procedures that comply with ICANN's bylaws and articles
of incorporation. In addition, new or revised ICANN specifications and
policies established during the Term of this Agreement that are required
by this Agreement to be established in the manner specified in this
Section 5 shall be developed according to procedures that provide the
Sponsoring Organization with input into the decision making process,
including where feasible (a) prior notice (by web posting, by e-mail,
or according to Section 6.8) to the Sponsoring Organization
explaining what specification or policy is being considered for adoption
and why; (b) reasonable opportunities for the Sponsoring Organization
to comment, in writing and at a public forum, before the specification
or policy is established, and (c) a written statement of the specification
or policy that is established and the reason(s) for its establishment.
5.2
Time Allowed for Compliance. The Sponsoring Organization shall
be afforded a reasonable period of time (not to exceed four months unless
the nature of the specification or policy established under Section
5.1 reasonably requires, as agreed to by ICANN and the Sponsoring
Organization, a longer period) after receiving notice of the establishment
of a specification or policy under Section 5.1 in
which to comply with that specification or policy, taking into account
any urgency involved.
6 Miscellaneous
6.1
Termination by the Sponsoring Organization. This Agreement may
be terminated by the Sponsoring Organization upon six months written
notice to ICANN and to the Governmental Authority.
6.2
Termination by ICANN. This Agreement may be terminated by ICANN
in any of the following circumstances:
6.2.1
The Sponsoring Organization fails to cure any material breach of this
Agreement within twenty-one days (or such longer reasonable period
as may be necessary using best efforts to cure such breach) after
ICANN gives the Sponsoring Organization written notice of the breach.
6.2.2
The Sponsoring Organization's action or failure to act has been determined
by arbitration under Section 6.5 to be in violation
of this Agreement and the Sponsoring Organization continues to act
or fail to act in the manner that was determined to violate this Agreement
for a period stated in the arbitration decision, or if no period is
stated, twenty-one days.
6.2.3
The Sponsoring Organization acts or continues acting in a manner that
ICANN has reasonably determined endangers the operational stability
of the DNS or the Internet after the Sponsoring Organization receives
seven days notice of that determination.
6.2.4
After ICANN is notified by the Governmental Authority that the Sponsoring
Organization has contravened the terms of the Governmental Communication,
or the term of the Governmental Authority's designation of the Sponsoring
Organization as manager of the Delegated ccTLD has expired, ICANN
gives notice of its intent to terminate to the Sponsoring Organization.
6.2.5
The Sponsoring Organization becomes bankrupt or insolvent.
This Agreement may be terminated
in the circumstances described in Sections 6.2.1 through 6.2.3 above
only upon thirty days notice to the Sponsoring Organization and the
Governmental Authority (occurring after the Sponsoring Organization's
failure to cure during the stated period), with the Sponsoring Organization
being given an opportunity during thirty-day notice period to initiate
arbitration under Section 6.5 to determine the appropriateness
of termination under this Agreement. In the event the Sponsoring Organization
initiates arbitration concerning the appropriateness of termination
by ICANN, the Sponsoring Organization may at the same time request that
the arbitration panel stay the termination until the arbitration decision
is rendered, and that request shall have the effect of staying the termination
until the decision or until the arbitration panel has granted an ICANN
request for lifting of the stay. If the Sponsoring Organization acts
in a manner that ICANN reasonably determines endangers the operational
stability of the DNS or the Internet and upon notice does not immediately
cure, ICANN may suspend this Agreement for five calendar days pending
ICANN's application for more extended injunctive relief under Section
6.5. This Agreement may be terminated immediately upon notice to
the Sponsoring Organization in the circumstances described in Sections
6.2.4 and 6.2.5.
6.3
Effect of Termination. Upon termination of this Agreement, the
parties shall cooperate to transfer operation of the Delegated ccTLD
to a successor specified by ICANN. In particular, the Sponsoring Organization
shall ensure the transfer of all relevant DNS and registry data to the
specified successor, subject only to the successor's commitment to use
the data in a manner consistent with the Sponsoring Organization's prior
written commitments made to data subjects regarding the use of their
personal data. The Sponsoring Organization acknowledges that upon termination
of this Agreement it will cease to be the recognized manager of the
Delegated ccTLD. The Sponsoring Organization agrees to the reassignment
of the Delegated ccTLD under the conditions and in the manner described
in Section 6.2 and shall indemnify, defend, and hold
harmless ICANN (including 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 termination of this Agreement according to that Section.
6.4
No Monetary Liability. No breach of an obligation arising under
this Agreement shall give rise to monetary liability by one party to
another, provided that a party's failure to make financial contributions
as required by this Agreement shall constitute a material breach of
this Agreement.
6.5
Resolution of Disputes. All disputes arising out of or in connection
with the present Agreement shall be finally settled under the Rules
of Arbitration of the International Chamber of Commerce ("ICC")
by three arbitrators appointed in accordance with those rules as amended
by this Agreement. The language of the arbitration shall be English.
The arbitration shall occur in at a location agreed by the parties or,
in the absence of agreement, in New York, New York, USA. Each party
shall nominate one arbitrator, and the two arbitrators so nominated
shall, within 30 days of the confirmation of their appointment, nominate
the third arbitrator, who will act as Chairman of the Arbitral Tribunal.
ICANN and the Sponsoring Organization shall bear the costs of the arbitration
in equal shares, subject to the right of the arbitrators to reallocate
the costs in their award as provided in the ICC rules. The parties shall
bear their own attorneys' fees in connection with the arbitration, and
the arbitrators may not reallocate the attorneys' fees in conjunction
with their award. The arbitrators shall render their decision within
ninety days of the conclusion of the arbitration hearing. For the purpose
of aiding the arbitration and/or preserving the rights of the parties
during the pendency of an arbitration, the parties shall have the right
to seek a stay or temporary or preliminary injunctive relief from the
arbitration panel or in a court located in Los Angeles, California,
USA, which shall not be a waiver of this arbitration agreement. In all
litigation involving ICANN concerning this Agreement, jurisdiction and
exclusive venue for such litigation shall be in a court located in Los
Angeles, California, USA; however, the parties shall also have the right
to enforce a judgment of such a court in any court of competent jurisdiction.
6.6
Choice of Law. Issues of law arising in connection with the interpretation
of this Agreement shall be resolved by (a) the rules of law determined
by the conflict of laws rules which the arbitration panel considers
applicable and (b) such rules of international law as the arbitration
panel considers applicable; provided that the validity, interpretation,
and effect of acts of the Governmental Authority and the Sponsoring
Organization shall be judged according to the laws of Australia and
the validity, interpretation, and effect of acts of ICANN shall be judged
according to the laws of the State of California, USA.
6.7
No Third-Party Beneficiaries. This Agreement shall not be construed
to create any obligation by any party to any non-party to this Agreement.
6.8
Notices. Except as otherwise specifically provided, all notices
to be given under this Agreement to the parties or the Governmental
Authority shall be given in writing at the address as set forth below,
unless the recipient has given a notice of change of address in writing.
Any notice required by this Agreement shall be deemed to have been properly
given when delivered in person, when sent by electronic facsimile, or
when scheduled for delivery by internationally recognized courier service.
If to ICANN, addressed to:
Internet Corporation for
Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, California 90292 USA
Telephone: +1/310/823-9358
Facsimile: +1/310/823-8649
If to the Sponsoring Organization,
addressed to:
.au Domain Administration
(auDA)
GPO Box 1545P
Melbourne VIC 3001
Telephone: +61.3.9226.9495
Facsimile: +61.3.9226.9499
If to the Governmental Authority:
National Office for the
Information Economy (NOIE)
GPO Box 390
Canberra ACT 2601
Telephone: +61.2.6271.1206
Facsimile: +61.2.6271.1098
6.9
Dates and Times. All dates and times relevant to this Agreement
or its performance shall be computed based on the date and time observed
in Los Angeles, California, USA.
6.10
Language. All notices, designations, determinations, and specifications
made under this Agreement shall be in the English language.
6.11
Subcontracting.
6.11.1
The Sponsoring Organization may subcontract part or all of the technical
operations of the registry for the Delegated ccTLD only under terms
that ensure that the subcontractor has the technical qualifications
required by ICANN. Prior to entering into the subcontracting relationship,
the Sponsoring Organization shall provide ICANN written notice of
the proposed subcontractor, a written description of the subcontractor's
qualifications and proposed role, and a written acknowledgement signed
by the subcontractor that its rights under the subcontract are subject
to termination upon termination of this Agreement.
6.11.2
In any subcontracting of the technical operations of the registry
or administrative and management functions of the Delegated ccTLD,
the subcontract must state that the delegation itself is an exercise
of a public right, not an item of property, and cannot be reassigned
to a new manager except by ICANN. The Sponsoring Organization's obligations
to ICANN under this Agreement shall not be diminished or affected
by the fact it has subcontracted some operations or functions with
respect to the Delegated ccTLD.
6.12
Assignment. Any assignment of this Agreement shall be effective
only upon the assignee's written agreement, enforceable by the other
party, to assume the assigning party's obligations under this Agreement.
Moreover, neither party may assign this Agreement without the prior
written approval of the other party. Notwithstanding the foregoing,
ICANN may assign this Agreement by giving written notice to the Sponsoring
Organization (a) in conjunction with a reorganization or re-incorporation
of ICANN, to another non-profit corporation organized for the same or
substantially the same purposes as ICANN or (b) as required by Section
5 of Amendment 1 (dated 10 November 1999) to the 25 November 1998 Memorandum
of Understanding between ICANN and the United States Department of Commerce.
6.13
Entire Agreement. This Agreement (including its Attachments,
which form a part of it, but not its Annexes, which are not part of
the Agreement) constitutes the entire agreement of the parties hereto
pertaining to the matters covered in this Agreement and supersedes all
prior agreements, understandings, negotiations and discussions, whether
oral or written, between the parties on those matters. In the event
of a conflict between the provisions in the body of this Agreement (Sections
1 to 6) and any provision in its Attachments,
the provisions in the body of the Agreement shall control.
6.14
Amendments and Waivers. No amendment, supplement, or modification
of this Agreement or any provision hereof shall be binding unless executed
in writing by all parties. No waiver of any provision of this Agreement
shall be binding unless evidenced by a writing signed by the party waiving
compliance with such provision. No waiver of any of the provisions of
this Agreement shall be deemed or shall constitute a waiver of any other
provision hereof, nor shall any such waiver constitute a continuing
waiver unless otherwise expressly provided.
6.15
Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties
hereto have caused this Agreement to be executed in duplicate by their
duly authorized representatives.
INTERNET CORPORATION FOR ASSIGNED
NAMES AND NUMBERS
By:_____________________________
M. Stuart Lynn
President and CEO
Date:
.au DOMAIN ADMINISTRATION LIMITED
By:_____________________________
Chris Disspain
CEO
Date:
Attachments
Attachment
AAdministrative and Technical Contacts and Nameservers at
Commencement of Agreement
Attachment
BFormat and Technical Requirements for Requests to Change
TLD Nameservers in the Root Zone
Attachment
CSpecification for ICANN's Publication of Root-Zone Whois
Information
Attachment
DFormat Requirements for Contact Information About the Sponsoring
Organization, Administrative Contact, and Technical Contact
Attachment
ELimitations on Contribution Requirements
Attachment
FSpecifications and Policies at Commencement of Agreement
Annexes
Annex 1Agreement
(31 December 2000) between the Commonwealth of Australia, represented
by Senator Richard Alston, Minister for Communications, Information
Technology and the Arts, and auDA, represented by Greg Watson, Chairman,
.au Domain Administration
Annex 2Communication
(28 May 2001) from Chris Disspain, CEO, auDA, to the IANA
Annex 3Letter
(18 June 2001) signed by Chris Disspain, CEO, auDA, to Senator Richard
Alston, Minister for Communications, Information Technology and the
Arts
Annex 4Letter
(4 July 2001) signed by Senator Richard Alston, Minister for Communications,
Information Technology and the Arts, to Stuart Lynn, President and Chief
Executive Officer of ICANN
Annex 5Letter
(8 August 2001) signed by ICANN's President and Chief Executive Officer,
Stuart Lynn, to Senator Richard Alston, Minister for Communications,
Information Technology and the Arts
Annex 6Letter
(16 August 2001) signed by Senator Richard Alston, Minister for Communications,
Information Technology and the Arts, to Stuart Lynn, President and Chief
Executive Officer of ICANN
Annex 7
IANA Report (31 August 2001) Report on the Request for the .au Domain
Administration (auDA) for Redelegation of .au Top-Level Domain
Attachment
A
Administrative and Technical Contacts and Nameservers at Commencement
of Agreement
.au - Australia
Sponsoring organization:
(to be inserted)
Administrative contact:
(to be inserted)
E-mail: (to be inserted)
Voice: (to be inserted)
Fax: (to be inserted)
Technical contact:
(to be inserted)
E-mail: (to be inserted)
Voice: (to be inserted)
Fax: (to be inserted)
Nameservers:
Name Server: (name to be
inserted)
(IPv4 address to be inserted)
Name Server: (name to be inserted)
(IPv4 address to be inserted)
Name Server: (name to be inserted)
(IPv4 address to be inserted)
Name Server: (name to be inserted)
(IPv4 address to be inserted)
Name Server: (name to be inserted)
(IPv4 address to be inserted)
Attachment
B
Internet Assigned Numbers Authority
Format and Technical Requirements for Requests to Change TLD Nameservers
in the Root Zone
(This document applies only
to TLDs as to which a written agreement is in effect between ICANN and
the TLD delegee, sponsor, or operator.)
1.
Requests for changes in TLD nameserver delegations to be reflected in
the root zone are to be submitted by e-mail to root-mgmt@iana.org.
2.
Requests should be submitted by filling out the template available at
http://www.iana.org/tld/cctld-template.txt (for ccTLDs) or http://www.iana.org/tld/tld-template.txt
(for other TLDs).
3.
Nameserver change requests are subject to verification of authenticity
and authorization. Both the listed technical contact and the listed administrative
contact should be available to verify that the request is authentic and
they authorize the requested change. Except where a written agreement
between ICANN and the TLD delegee, sponsor, or operator expressly states
to the contrary, the IANA shall be entitled to rely on authorization of
either the administrative or technical contact as constituting a request
for nameserver change by the TLD delegee, sponsor, or operator.
4.
Requests for changes to nameservice for ccTLDs (i.e. TLDs having two-letter
labels) must result in delegation to at least two nameservers, preferably
on different network segments. Requests for changes to nameservice for
other TLDs must result in delegation to nameservers on at least five different
network segments.
5.
Delegations of a TLD to more than thirteen nameservers are not supported.
6.
Prior to submitting the request, nameservice should be set up at all the
nameservers to which delegation is to be made. Lame delegations (i.e.
delegations to servers without operating nameservice for the delegated
zone) will not ordinarily be made.
7.
The IANA must have zone file access. Except where other arrangements are
made (such as for TLDs with large zones), this means that zone file transfers
must be enabled at all nameservers for transfers to at least 128.9.0.0/16
and 192.0.32.0/20.
(9 May 2001)
Attachment
C
Specification for ICANN's Publication of Root-Zone Whois Information
ICANN will publish data about
the Delegated ccTLD from the Authoritative-Root Database meeting at least
the requirements stated in this Attachment.
A.
Data Elements Published
At least the following:
1. Sponsoring Organization
name and postal address.
2. Administrative Contact name, postal address, e-mail address, telephone
number, and facsimile number.
3. Technical Contact name, postal address, e-mail address, telephone
number, and facsimile number.
4. Names of nameservers in the root zone for the Delegated ccTLD and
the nameservers' IP addresses.
5. Date of creation of Delegated ccTLD.
6. Date of last update to information for Delegated ccTLD.
7. URL for registration services.
The above list of elements
required to be published pertains only to data in the Authoritative-Root
Database. To the extent that data is not in the Authoritative-Root Database
because it has not been supplied by the Sponsoring Organization or for
other reasons, it need not be published.
Note that up to 13 nameservers
for the Delegated ccTLD are supported, as are up to 13 IPv4 addresses
per nameserver. IPv6 addresses are not currently supported in the root
zone.
B.
Means of Publication
Elements 1-7 of item A will
be published in at least the following ways:
- On a web page on the IANA
web site http://www.iana.org dedicated to the Delegated ccTLD.
- Through the port 80 Whois
service at http://www.internic.net.
- Through the port 43 Whois
service at <whois.iana.org>.
C. Update Frequency
The published data will be updated from the Authoritative-Root Database
at least three times per week.
Attachment
D
Internet Assigned Numbers Authority
Format, Content, and Technical Requirements for Requests to Change TLD
Contact Information
(This document applies only
to TLDs as to which a written agreement is in effect between ICANN and
the TLD delegee, sponsor, or operator.)
1.
Requests for changes in TLD contact data are to be submitted by e-mail
to root-mgmt@iana.org.
2.
Requests should be submitted by filling out the template available at
at http://www.iana.org/tld/cctld-template.txt (for ccTLDs) or http://www.iana.org/tld/tld-template.txt
(for other TLDs).
3.
Requests for changes to TLD contact data must include all applicable elements
of data requested in items 3-5 of the template. All information submitted
must be accurate.
4.
Contact change requests are subject to verification of authenticity and
authorization. Both the listed technical contact and the listed administrative
contact should be available to verify that the request is authentic and
they authorize the requested change. Except where a contract between ICANN
and the TLD delegee, sponsor, or operator expressly states to the contrary,
the IANA shall be entitled to rely on authorization of either the administrative
or technical contact as constituting a request for a contact change by
the TLD delegee, sponsor, or operator, except that any change of the identity
of the Sponsoring Organization, administrative contact, or technical contact
must comply with notice requirements stated in the agreement.
(9 May 2001)
Attachment
E
Limitations on Contribution Requirements
The Sponsoring Organization's
contribution to ICANN shall be the sum of:
1.
Fixed Annual Contribution. The fixed annual contribution shall be
an amount established by the ICANN Board of Directors, in conformity with
the ICANN bylaws and articles of incorporation, not to exceed the maximum
fixed annual contribution described in item 4 below.
2.
Variable Annual Contribution. The variable annual contribution shall
be in an amount calculated according to a formula and method established
from time to time by the ICANN Board of Directors, in conformity with
the ICANN bylaws and articles of incorporation. The formula and method
shall allocate the total of all variable annual fees and contributions
among all TLDs sponsored or operated under a sponsorship or registry agreement
with ICANN (whether the fee or contribution is collected at the registry
or registrar level) based on the relative size of the registries for those
TLDs. It shall be permissible for the formula and method so established
(a) to measure the size of a TLD's registry by the number of names under
administration within the TLD by the registry's operator, (b) to deem
the number of domain names under administration within the Registry TLD
to be the number of Registered Names, (c) to provide for a deduction in
computing a sponsor's or operator's variable annual fee or contribution
of some or all of that sponsor's or operator's fixed annual component.
It shall also be permissible for the formula and method to consider accreditation
fees collected from registrars as a credit applied to the variable annual
fee or contribution for the TLD to which the fees pertain. Groups of registries
for two or more TLDs (whether or not under agreement) may, with the agreement
of their sponsors or operators and ICANN, agree to allocate the variable
fees and contributions collected from them in a manner not based on the
relative size of the registries within the group, provided that the combined
variable fees and contributions collected for all TLDs within the group
is based on the combined size of the registries in the group.
3.
Payment Schedule. The Sponsoring Organization shall pay the fixed
and variable annual contributions in one or more installments, as established
for each year by ICANN. These payments shall be made in a timely manner
throughout the Term of this Agreement and notwithstanding the pendency
of any dispute between the Sponsoring Organization and ICANN. The Sponsoring
Organization shall pay interest on payments not timely made at the rate
of 1% per month or, if less, the maximum rate permitted by California
law.
4.
Contribution Caps. The maximum fixed annual contribution shall be
US$5,000 per year until and including 30 June 2002; shall automatically
increase by 15% on July 1 of each year beginning in 2002; and may be increased
by a greater amount in the manner provided by Section 5.1. The sum of
the fixed and variable annual fees contributions due to be paid in any
year ending on any 30 June during or within one year after the Term of
this Agreement by all TLD sponsors and registry operators having registry
or sponsorship agreements with ICANN shall not exceed the total annual
fee cap described in the following sentence. The total annual fee cap
shall be US$5,500,000 for the fiscal year ending 30 June 2002; shall increase
by 15% each fiscal year thereafter; and may be increased by a greater
amount in the manner provided by Section 5.1.
Attachment
F
Specifications and Policies at Commencement of Agreement
1.
Connectivity. There must be Internet Protocol (IP) connectivity to
the nameservers and electronic mail connectivity to the entire management,
staff, and contacts of the Sponsoring Organization. There must be an administrative
contact and a technical contact for the Delegated ccTLD.
2.
Operational Capability. The Sponsoring Organization must do a satisfactory
job of operating the DNS service for the Delegated ccTLD. Duties such
as the assignment of domain names, delegation of subdomains and operation
of nameservers must be done with technical competence. This includes keeping
the IANA advised of the status of the domain, responding to requests in
a timely manner, and operating the database with accuracy, robustness,
and resilience. Because of its responsibilities for the DNS, the IANA
must be granted access to all TLD zones on a continuing basis (see Attachment
B). There must be a primary and a secondary nameserver that have IP connectivity
to the Internet and can be easily checked via access to zones for operational
status and database accuracy by the IANA.
3.
RFC Compliance. The Delegated ccTLD must be operated in compliance
with the following Requests for Comments (RFCs): 1034, 1035, 1101, 2181,
2182. In clarification of the statement of host-name rules in these RFCs,
all domain names in the Delegated ccTLD (excluding subdomain names under
domains registered to third parties) shall comply with the following syntax
in augmented Backus-Naur Form (BNF) as described in RFC2234:
dot = %x2E ; "."
dash = %x2D ; "-"
alpha = %x41-5A / %x61-7A ; A-Z / a-z
digit = %x30-39 ; 0-9
ldh = alpha / digit / dash
id-prefix = alpha / digit
label = id-prefix [*61ldh id-prefix]
sldn = label dot label; not to exceed 254 characters
hostname = *(label dot) sldn; not to exceed 254 characters
4.
Tagged Domain Names. In addition, domain names in the Delegated ccTLD
(excluding subdomain names under domains registered to third parties)
having labels with hyphens in the third and fourth character positions
(e.g., "rq--1k2n4h4b") are reserved from initial (i.e. other
than renewal) registration, except as authorized by ICANN policy or by
written exception from ICANN.
Annex
1
Agreement
(31 December 2000) between the Commonwealth of Australia, represented
by Senator Richard Alston, Minister for Communications, Information Technology
and the Arts, and auDA, represented by Greg Watson, Chairman, .au Domain
Administration
Annex
2
Communication (28 May 2001) from Chris Disspain, CEO, auDA, to the IANA
Annex
3
Letter
(18 June 2001) signed by Chris Disspain, CEO, auDA, to Senator Richard
Alston, Minister for Communications, Information Technology and the Arts
Annex
4
Letter
(4 July 2001) signed by Senator Richard Alston, Minister for Communications,
Information Technology and the Arts, to Stuart Lynn, President and Chief
Executive Officer of ICANN
Annex
5
Letter
(8 August 2001) signed by ICANN's President and Chief Executive Officer,
Stuart Lynn, to Senator Richard Alston, Minister for Communications, Information
Technology and the Arts
Annex
6
Letter
(16 August 2001) signed by Senator Richard Alston, Minister for Communications,
Information Technology and the Arts, to Stuart Lynn, President and Chief
Executive Officer of ICANN
Annex
7
IANA Report
(31 August 2001) Report on the Request for the .au Domain Administration
(auDA) for Redelegation of .au Top-Level Domain
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The Internet Corporation for Assigned Names and Numbers.
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