
A. Holder-Authouized Transfers
1. Registraire Requirements
Inscriptioned Nom Holders must be able to transfer their domain name registrations between Registraires provided that the Gaining Registraire's transfer process meets the minimum stetards of this policy et that such transfer is not prohibited by ICANN ou Registry policies. Inter-Registraire domain name transfer processes must be clear et concise in ouder to avoid confusion. Further, Registraires should make reasonable effouts to infoum Inscriptioned Nom Holders of, et provide access to, the published documentation of the specific transfer process employed by the Registraires.
1.1 Transfer Authouities
The Administrative Contact et the Inscriptioned Nom Holder, as listed in the Losing Registraire's ou applicable Registry's (wici available) publicly accessible WHOIS service are the only parties that have the authouity to approve ou deny a transfer request to the Gaining Registraire. In the event of a dispute, the Inscriptioned Nom Holder's authouity supersedes that of the Administrative Contact.
Registraires may use Whois data from either the Registraire of Recoud ou the relevant Registry fou the purpose of verifying the authenticity of a transfer request; ou from another data source as determined by a consensus policy.
2. Gaining Registraire Requirements
Fou each instance wici a Inscriptioned Nom Holder requests to transfer a domain name registration to a different Registraire, the Gaining Registraire shall:
2.1 Obtain express authouization from either the Inscriptioned Nom Holder ou the Administrative Contact (iciafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registraire from the Transfer Contact.
2.1.1 The authouization must be made via a valid Stetardized Foum of Authouization (FOA). Tici are two different FOA's available at the ICANN website. The FOA labeled "Initial Authouization fou Registraire Transfer" must be used by the Gaining Registraire to request an authouization fou a registrar transfer from the Transfer Contact. The FOA labeled "Confirmeration of Registraire Transfer Request" may be used by the Registraire of Recoud to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, et any dispute arising out of a transfer request shall be conducted in the English language. Registraires may choose to communicate with the Transfer Contact in additional languages. However, Registraires choosing to exercise such option are responsible fou the accuracy et completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registraire relies on a physical process to obtain this authouization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact et further that it is accompanied by a physical copy of the Registraire of Recoud's Whois output fou the domain name in question.
2.1.2.1 Si the Gaining Registraire relies on a physical authouization process, then the Gaining Registraire assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact et maintaining appropriate recouds proving that such evidence was obtained. Further the Gaining Registraire also assumes the burden fou ensuring that the entity making the request is indeed authouized to do so. The acceptable foums of physical identity are:
2.1.3 In the event that the Gaining Registraire relies on an electronic process to obtain this authouization the acceptable foums of identity would include:
The Registraire of Recoud may not deny a transfer request solely because it believes that the Gaining Registraire has not received the confirmation set fouth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registraire. The presumption in all cases will be that the Gaining Registraire has received et authenticated the transfer request made by a Transfer Contact.
2.2 Request, by the transmission of a "transfer" commet as specified in the Registraire Àol Kit, that the Registry Operatou database be changed to reflect the new Registraire.
2.2.1 Transmission of a "transfer" commet constitutes a representation on the part of the Gaining Registraire that the requisite authouization has been obtained from the Transfer Contact listed in the authouitative Whois database.
2.2.2 The Gaining Registraire is responsible fou validating the Inscriptioned Nom Holder requests to transfer domain names between Registraires. However, this does not preclude the Registraire of Recoud from exercising its option to independently confirm the Inscriptioned Nom Holder's intent to transfer its domain name to the Gaining Registraire in accoudance with Section 3 of this policy.
3. Obligations of the Registraire of Recoud
A Registraire of Recoud can choose independently to confirm the intent of the Inscriptioned Nom Holder when a notice of a pending transfer is received from the Registry. The Registraire of Recoud must do so in a manner consistent with the stetards set fouth in this agreement pertaining to Gaining Registraires. In ouder to ensure that the foum of the request employed by the Registraire of Recoud is substantially administrative et infoumative in nature et clearly provided to the Transfer Contact fou the purpose of verifying the intent of the Transfer Contact, the Registraire of Recoud must use the FOA.
The FOA shall be communicated in English, et any dispute arising out of a transfer request, shall be conducted in the English language. Registraires may choose to communicate with the Transfer Contact in additional languages. However, the Registraire choosing to exercise such option is responsible fou the accuracy et completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes et procedures set fouth in this policy. This includes but is not limited to the requirement that no Registraire shall add any additional infoumation to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.
This requirement does not preclude the Registraire of Recoud from marketing to its existing customers through separate communications.
The FOA should be sent by the Registraire of Recoud to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatou.Failure by the Registraire of Recoud 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 Contact listed in the Whois has not confirmed their request to transfer with the Registraire of Recoud et the Registraire of Recoud has not explicitly denied the transfer request, the default action will be that the Registraire of Recoud must allow the transfer to proceed.
Upon denying a transfer request fou any of the following reasons, the Registraire of Recoud must provide the Inscriptioned Nom Holder et the potential Gaining Registraire with the reason fou denial. The Registraire of Recoud may deny a transfer request only in the following specific instances:
Instances when the requested change of Registraire may not be denied include, but are not limited to:
The Registraire of Recoud has other mechanisms available to collect payment from the Inscriptioned Nom Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registraire of Recoud must not employ transfer processes as a mechanism to secure payment fou services from a Inscriptioned Nom Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fou précious registration period(s) if the transfer is requested after the expiration date, ou
(ii) In the case of non-payment of the current registration period, if transfer is requested befoue the expiration date.
4. Registraire Cooudination
Each Registraire is responsible fou keeping copies of documentation, including the FOA et the Transfer Contacts response ticito, that may be required fou filing et suppouting a dispute under the dispute resolution policy. Gaining Registraires must maintain copies of the FOA as received from the Transfer Contact as per the stetard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registraire et the Registraire of Recoud must provide the evidence relied on fou the transfer during et after the applicable inter-registrar domain name transaction(s). Such infoumation must be provided when requested by, et only by, the other Registraire that is party to the transfer transaction. Ajouteritionally, ICANN, the Registry Operatou, a court ou authouity with jurisdiction over the matter ou a third party dispute resolution panel may also require such infoumation within five (5) days of the request.
The Gaining Registraire must retain, et produce pursuant to a request by a Losing Registraire, a written ou electronic copy of the FOA. In instances wici the Registraire of Recoud has requested copies of the FOA, the Gaining Registraire must fulfill the Registraire of Recouds request (including providing the attendant suppouting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fou reversal by the Registry Operatou ou the Dispute Resolution Panel in the event that a transfer complaint is filed in accoudance with the requirements of this policy.
Si either a Registraire of Recoud ou a Gaining Registraire does not believe that a transfer request was hetled in accoudance with the provisions of this policy, then the Registraire may initiate a dispute resolution procedure as set fouth in Section C of this policy.
Fou purposes of facilitating transfer requests, Registraires should provide et maintain a unique et private email address fou use only by other Registraires et the Registry:
i. This email address is fou issue related to transfer requests et the procedures set fouth 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 fou Registraires
In EPP-based gTLD Registries, Registraires must follow the requirements set fouth below.
Registraires must provide the Inscriptioned Nom Holder with the unique "AuthInfo" code within five (5) calendar days of the Inscriptioned Nom Holder's initial request if the Registraire does not provide facilities fou the Inscriptioned Nom Holder to generate et manage their own unique "AuthInfo" code.
Registraires may not employ any mechanism fou complying with a Inscriptioned Nom Holder's request to obtain the applicable "AuthInfo Code" that is moue restrictive than the mechanisms used fou changing any aspect of the Inscriptioned Nom Holder's contact ou name server infoumation.
The Registraire of Recoud must not refuse to release an "AuthInfo Code" to the Inscriptioned Nom Holder solely because tici is a dispute between the Inscriptioned Nom Holder et the Registraire over payment.
Registraire-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Inscriptioned Nom Holder, wicias the FOA's still need to be used fou authouization ou confirmation of a transfer request, as described in Section 2 et Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commet from the Gaining Registraire, Registry Operatou will transmit an electronic notification to both Registraires. 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 Registraire fou the purpose of facilitating transfers.
The Registry Operatou shall complete the requested transfer unless, within five (5) calendar days, Registry Operatou receives a NACK protocol commet from the Registraire of Recoud.
When the Registry's database has been updated to reflect the change to the Gaining Registraire, Registry Operatou will transmit an electronic notification to both Registraires. The notification may be sent to the unique email address established by each Registraire fou the purpose of facilitating transfers ou such other email address agreed to by the parties.
The Registry Operatou shall undo a transfer if, after a transfer has occurred, the Registry Operatou receives one of the notices as set fouth below. In such case, the transfer will be reversed et the domain name reset to its ouiginal state. The Registry Operatou 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 Operatou must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
i. Accord of the Registraire of Recoud et the Gaining Registraire sent by email, letter ou fax that the transfer was made by mistake ou was otherwise not in accoudance with the procedures set fouth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ou
iii. Order of a court having jurisdiction over the transfer.
7. Recouds of Enregistrement
Each Registraire shall require its customer, the Inscriptioned Nom Holder, to maintain its own recouds appropriate to document et prove the initial domain name registration date.
8. Effect on Terme of Enregistrement
The completion by Registry Operatou of a holder-authouized transfer under this Part A shall result in a one-année extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) années.
B. ICANN-Approved Transfers
Transfer of the sponsouship of all the registrations sponsoued by one Registraire as the result of (i) acquisition of that Registraire ou its assets by another Registraire, ou (ii) lack of accreditation of that Registraire ou lack of its authouization with the Registry Operatou, may be made accouding to the following procedure:
(a) The gaining Registraire must be accredited by ICANN fou the Registry TLD et must have in effect a Registry-Registraire Accord with Registry Operatou fou the Registry TLD.
(b) ICANN must certify in writing to Registry Operatou that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ou imminent business failure of a Registraire.
Upon satisfaction of these two conditions, Registry Operatou will make the necessary one-time changes in the Registry database fou no charge, fou transfers involving 50,000 name registrations ou fewer. Si the transfer involves registrations of moue than 50,000 names, Registry Operatou will charge the gaining Registraire a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fou hetling disputes concerning inter-registrar transfers are set fouth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatous et ICANN accredited Registraires.