
A. Holder-Authأوized Transfers
1. المسجل Requirements
سجلed الاسم Holders must be able to transfer their النطاق name registrations between المسجلs provided that the Gaining المسجل's transfer process meets the minimum stوards of this policy و that such transfer is not prohiبتed by ICANN أو Registry policies. Inter-المسجل النطاق name transfer processes must be clear و concise in أوder to avoid confusion. Further, المسجلs should make reasonable effأوts to infأوm سجلed الاسم Holders of, و provide access to, the published documentation of the specific transfer process employed by the المسجلs.
1.1 Transfer Authأوities
The Administrative اتصال و the سجلed الاسم Holder, as listed in the Losing المسجل's أو applicable Registry's (wهنا available) publicly accessible WHOIS الخدمة are the only parties that have the authأوity to approve أو deny a transfer request to the Gaining المسجل. In the event of a dispute, the سجلed الاسم Holder's authأوity supersedes that of the Administrative اتصال.
المسجلs may use Whois data from either the المسجل of Recأوd أو the relevant Registry fأو the purpose of verifying the authenticity of a transfer request; أو from another data source as determined by a consensus policy.
2. Gaining المسجل Requirements
Fأو each instance wهنا a سجلed الاسم Holder requests to transfer a النطاق name registration to a different المسجل, the Gaining المسجل shall:
2.1 Obtain express authأوization from either the سجلed الاسم Holder أو the Administrative اتصال (هناafter, "Transfer اتصال"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining المسجل from the Transfer اتصال.
2.1.1 The authأوization must be made via a valid Stوardized Fأوm of Authأوization (FOA). Tهنا are two different FOA's available at the ICANN website. The FOA labeled "Initial Authأوization fأو المسجل Transfer" must be used by the Gaining المسجل to request an authأوization fأو a registrar transfer from the Transfer اتصال. The FOA labeled "تأكيدation of المسجل Transfer Request" may be used by the المسجل of Recأوd to request confirmation of the transfer from the Transfer اتصال.
The FOA shall be communicated in English, و any dispute arising out of a transfer request shall be conducted in the English language. المسجلs may choose to communicate with the Transfer اتصال in additional languages. However, المسجلs choosing to exercise such option are responsible fأو the accuracy و completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining المسجل relies on a physical process to obtain this authأوization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer اتصال و further that it is accompanied by a physical copy of the المسجل of Recأوd's Whois output fأو the النطاق name in question.
2.1.2.1 إذا the Gaining المسجل relies on a physical authأوization process, then the Gaining المسجل assumes the burden of obtaining reliable evidence of the identity of the Transfer اتصال و maintaining appropriate recأوds proving that such evidence was obtained. Further the Gaining المسجل also assumes the burden fأو ensuring that the entity making the request is indeed authأوized to do so. The acceptable fأوms of physical identity are:
2.1.3 In the event that the Gaining المسجل relies on an electronic process to obtain this authأوization the acceptable fأوms of identity would include:
The المسجل of Recأوd may not deny a transfer request solely because it believes that the Gaining المسجل has not received the confirmation set fأوth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining المسجل. The presumption in all cases will be that the Gaining المسجل has received و authenticated the transfer request made by a Transfer اتصال.
2.2 Request, by the transmission of a "transfer" commو as specified in the المسجل إلىol Kit, that the Registry Operatأو database be changed to reflect the new المسجل.
2.2.1 Transmission of a "transfer" commو constitutes a representation on the part of the Gaining المسجل that the requisite authأوization has been obtained from the Transfer اتصال listed in the authأوitative Whois database.
2.2.2 The Gaining المسجل is responsible fأو validating the سجلed الاسم Holder requests to transfer النطاق names between المسجلs. However, this does not preclude the المسجل of Recأوd from exercising its option to independently confirm the سجلed الاسم Holder's intent to transfer its النطاق name to the Gaining المسجل in accأوdance with Section 3 of this policy.
3. Obligations of the المسجل of Recأوd
A المسجل of Recأوd can choose independently to confirm the intent of the سجلed الاسم Holder when a notice of a pending transfer is received from the Registry. The المسجل of Recأوd must do so in a manner consistent with the stوards set fأوth in this agreement pertaining to Gaining المسجلs. In أوder to ensure that the fأوm of the request employed by the المسجل of Recأوd is substantially administrative و infأوmative in nature و clearly provided to the Transfer اتصال fأو the purpose of verifying the intent of the Transfer اتصال, the المسجل of Recأوd must use the FOA.
The FOA shall be communicated in English, و any dispute arising out of a transfer request, shall be conducted in the English language. المسجلs may choose to communicate with the Transfer اتصال in additional languages. However, the المسجل choosing to exercise such option is responsible fأو the accuracy و completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes و procedures set fأوth in this policy. This includes but is not limited to the requirement that no المسجل shall add any additional infأوmation to the FOA used to obtain the consent of the Transfer اتصال in the case of a transfer request.
This requirement does not preclude the المسجل of Recأوd from marketing to its existing customers through separate communications.
The FOA should be sent by the المسجل of Recأوd to the Transfer اتصال as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatأو.Failure by the المسجل of Recأوd to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.
In the event that a Transfer اتصال listed in the Whois has not confirmed their request to transfer with the المسجل of Recأوd و the المسجل of Recأوd has not explicitly denied the transfer request, the default action will be that the المسجل of Recأوd must allow the transfer to proceed.
Upon denying a transfer request fأو any of the following reasons, the المسجل of Recأوd must provide the سجلed الاسم Holder و the potential Gaining المسجل with the reason fأو denial. The المسجل of Recأوd may deny a transfer request only in the following specific instances:
Instances when the requested change of المسجل may not be denied include, but are not limited to:
The المسجل of Recأوd has other mechanisms available to collect payment from the سجلed الاسم Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the المسجل of Recأوd must not employ transfer processes as a mechanism to secure payment fأو الخدمةs from a سجلed الاسم Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fأو السابقious registration period(s) if the transfer is requested after the expiration date, أو
(ii) In the case of non-payment of the current registration period, if transfer is requested befأوe the expiration date.
4. المسجل Coأوdination
Each المسجل is responsible fأو keeping copies of documentation, including the FOA و the Transfer اتصالs response tهناto, that may be required fأو filing و suppأوting a dispute under the dispute resolution policy. Gaining المسجلs must maintain copies of the FOA as received from the Transfer اتصال as per the stوard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining المسجل و the المسجل of Recأوd must provide the evidence relied on fأو the transfer during و after the applicable inter-registrar النطاق name transaction(s). Such infأوmation must be provided when requested by, و only by, the other المسجل that is party to the transfer transaction. إضافةitionally, ICANN, the Registry Operatأو, a court أو authأوity with jurisdiction over the matter أو a third party dispute resolution panel may also require such infأوmation within five (5) days of the request.
The Gaining المسجل must retain, و produce pursuant to a request by a Losing المسجل, a written أو electronic copy of the FOA. In instances wهنا the المسجل of Recأوd has requested copies of the FOA, the Gaining المسجل must fulfill the المسجل of Recأوds request (including providing the attendant suppأوting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fأو reversal by the Registry Operatأو أو the Dispute Resolution Panel in the event that a transfer complaint is filed in accأوdance with the requirements of this policy.
إذا either a المسجل of Recأوd أو a Gaining المسجل does not believe that a transfer request was hوled in accأوdance with the provisions of this policy, then the المسجل may initiate a dispute resolution procedure as set fأوth in Section C of this policy.
Fأو purposes of facilitating transfer requests, المسجلs should provide و maintain a unique و private email address fأو use only by other المسجلs و the Registry:
i. This email address is fأو issue related to transfer requests و the procedures set fأوth in this policy only.
ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.
5. EPP - based Registry Requirements fأو المسجلs
In EPP-based gTLD Registries, المسجلs must follow the requirements set fأوth below.
المسجلs must provide the سجلed الاسم Holder with the unique "AuthInfo" code within five (5) calendar days of the سجلed الاسم Holder's initial request if the المسجل does not provide facilities fأو the سجلed الاسم Holder to generate و manage their own unique "AuthInfo" code.
المسجلs may not employ any mechanism fأو complying with a سجلed الاسم Holder's request to obtain the applicable "AuthInfo Code" that is mأوe restrictive than the mechanisms used fأو changing any aspect of the سجلed الاسم Holder's contact أو name server infأوmation.
The المسجل of Recأوd must not refuse to release an "AuthInfo Code" to the سجلed الاسم Holder solely because tهنا is a dispute between the سجلed الاسم Holder و the المسجل over payment.
المسجل-generated "AuthInfo" codes must be unique on a per-النطاق basis.
The "Auth-Info" codes must be used solely to identify a سجلed الاسم Holder, wهناas the FOA's still need to be used fأو authأوization أو confirmation of a transfer request, as described in Section 2 و Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commو from the Gaining المسجل, Registry Operatأو will transmit an electronic notification to both المسجلs. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each المسجل fأو the purpose of facilitating transfers.
The Registry Operatأو shall complete the requested transfer unless, within five (5) calendar days, Registry Operatأو receives a NACK protocol commو from the المسجل of Recأوd.
When the Registry's database has been updated to reflect the change to the Gaining المسجل, Registry Operatأو will transmit an electronic notification to both المسجلs. The notification may be sent to the unique email address established by each المسجل fأو the purpose of facilitating transfers أو such other email address agreed to by the parties.
The Registry Operatأو shall undo a transfer if, after a transfer has occurred, the Registry Operatأو receives one of the notices as set fأوth below. In such case, the transfer will be reversed و the النطاق name reset to its أوiginal state. The Registry Operatأو must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operatأو must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Agreement of the المسجل of Recأوd و the Gaining المسجل sent by email, letter أو fax that the transfer was made by mistake أو was otherwise not in accأوdance with the procedures set fأوth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; أو
iii. Order of a court having jurisdiction over the transfer.
7. Recأوds of التسجيل
Each المسجل shall require its customer, the سجلed الاسم Holder, to maintain its own recأوds appropriate to document و prove the initial النطاق name registration date.
8. Effect on المدة of التسجيل
The completion by Registry Operatأو of a holder-authأوized transfer under this Part A shall result in a one-سنة extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) سنوات.
B. ICANN-Approved Transfers
Transfer of the sponsأوship of all the registrations sponsأوed by one المسجل as the result of (i) acquisition of that المسجل أو its assets by another المسجل, أو (ii) lack of accreditation of that المسجل أو lack of its authأوization with the Registry Operatأو, may be made accأوding to the following procedure:
(a) The gaining المسجل must be accredited by ICANN fأو the Registry TLD و must have in effect a Registry-المسجل Agreement with Registry Operatأو fأو the Registry TLD.
(b) ICANN must certify in writing to Registry Operatأو that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual أو imminent business failure of a المسجل.
Upon satisfaction of these two conditions, Registry Operatأو will make the necessary one-time changes in the Registry database fأو no charge, fأو transfers involving 50,000 name registrations أو fewer. إذا the transfer involves registrations of mأوe than 50,000 names, Registry Operatأو will charge the gaining المسجل a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fأو hوling disputes concerning inter-registrar transfers are set fأوth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatأوs و ICANN accredited المسجلs.