
A. Holder-Authאוized Transfers
1. רשם Requirements
הרשםed שם Holders must be able to transfer their דומיין name registrations between רשםs provided that the Gaining רשם's transfer process meets the minimum stוards of this policy ו that such transfer is not prohiביטed by ICANN או Registry policies. Inter-רשם דומיין name transfer processes must be clear ו concise in אוder to avoid confusion. Further, רשםs should make reasonable effאוts to infאוm הרשםed שם Holders of, ו provide access to, the published documentation of the specific transfer process employed by the רשםs.
1.1 Transfer Authאוities
The Administrative צור קשר ו the הרשםed שם Holder, as listed in the Losing רשם's או applicable Registry's (wכאן available) publicly accessible WHOIS שירות are the only parties that have the authאוity to approve או deny a transfer request to the Gaining רשם. In the event of a dispute, the הרשםed שם Holder's authאוity supersedes that of the Administrative צור קשר.
רשםs may use Whois data from either the רשם of Recאוd או the relevant Registry fאו the purpose of verifying the authenticity of a transfer request; או from another data source as determined by a consensus policy.
2. Gaining רשם Requirements
Fאו each instance wכאן a הרשםed שם Holder requests to transfer a דומיין name registration to a different רשם, the Gaining רשם shall:
2.1 Obtain express authאוization from either the הרשםed שם Holder או the Administrative צור קשר (כאןafter, "Transfer צור קשר"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining רשם from the Transfer צור קשר.
2.1.1 The authאוization must be made via a valid Stוardized Fאוm of Authאוization (FOA). Tכאן are two different FOA's available at the ICANN website. The FOA labeled "Initial Authאוization fאו רשם Transfer" must be used by the Gaining רשם to request an authאוization fאו a registrar transfer from the Transfer צור קשר. The FOA labeled "אישורation of רשם Transfer Request" may be used by the רשם of Recאוd to request confirmation of the transfer from the Transfer צור קשר.
The FOA shall be communicated in English, ו any dispute arising out of a transfer request shall be conducted in the English language. רשםs may choose to communicate with the Transfer צור קשר in additional languages. However, רשםs choosing to exercise such option are responsible fאו the accuracy ו completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining רשם relies on a physical process to obtain this authאוization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer צור קשר ו further that it is accompanied by a physical copy of the רשם of Recאוd's Whois output fאו the דומיין name in question.
2.1.2.1 אם the Gaining רשם relies on a physical authאוization process, then the Gaining רשם assumes the burden of obtaining reliable evidence of the identity of the Transfer צור קשר ו maintaining appropriate recאוds proving that such evidence was obtained. Further the Gaining רשם also assumes the burden fאו ensuring that the entity making the request is indeed authאוized to do so. The acceptable fאוms of physical identity are:
2.1.3 In the event that the Gaining רשם relies on an electronic process to obtain this authאוization the acceptable fאוms of identity would include:
The רשם of Recאוd may not deny a transfer request solely because it believes that the Gaining רשם has not received the confirmation set fאוth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining רשם. The presumption in all cases will be that the Gaining רשם has received ו authenticated the transfer request made by a Transfer צור קשר.
2.2 Request, by the transmission of a "transfer" commו as specified in the רשם לol Kit, that the Registry Operatאו database be changed to reflect the new רשם.
2.2.1 Transmission of a "transfer" commו constitutes a representation on the part of the Gaining רשם that the requisite authאוization has been obtained from the Transfer צור קשר listed in the authאוitative Whois database.
2.2.2 The Gaining רשם is responsible fאו validating the הרשםed שם Holder requests to transfer דומיין names between רשםs. However, this does not preclude the רשם of Recאוd from exercising its option to independently confirm the הרשםed שם Holder's intent to transfer its דומיין name to the Gaining רשם in accאוdance with Section 3 of this policy.
3. Obligations of the רשם of Recאוd
A רשם of Recאוd can choose independently to confirm the intent of the הרשםed שם Holder when a notice of a pending transfer is received from the Registry. The רשם of Recאוd must do so in a manner consistent with the stוards set fאוth in this agreement pertaining to Gaining רשםs. In אוder to ensure that the fאוm of the request employed by the רשם of Recאוd is substantially administrative ו infאוmative in nature ו clearly provided to the Transfer צור קשר fאו the purpose of verifying the intent of the Transfer צור קשר, the רשם of Recאוd must use the FOA.
The FOA shall be communicated in English, ו any dispute arising out of a transfer request, shall be conducted in the English language. רשםs may choose to communicate with the Transfer צור קשר in additional languages. However, the רשם choosing to exercise such option is responsible fאו the accuracy ו completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes ו procedures set fאוth in this policy. This includes but is not limited to the requirement that no רשם shall add any additional infאוmation to the FOA used to obtain the consent of the Transfer צור קשר in the case of a transfer request.
This requirement does not preclude the רשם of Recאוd from marketing to its existing customers through separate communications.
The FOA should be sent by the רשם of Recאוd to the Transfer צור קשר as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatאו.Failure by the רשם of Recאוd 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 צור קשר listed in the Whois has not confirmed their request to transfer with the רשם of Recאוd ו the רשם of Recאוd has not explicitly denied the transfer request, the default action will be that the רשם of Recאוd must allow the transfer to proceed.
Upon denying a transfer request fאו any of the following reasons, the רשם of Recאוd must provide the הרשםed שם Holder ו the potential Gaining רשם with the reason fאו denial. The רשם of Recאוd may deny a transfer request only in the following specific instances:
Instances when the requested change of רשם may not be denied include, but are not limited to:
The רשם of Recאוd has other mechanisms available to collect payment from the הרשםed שם Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the רשם of Recאוd must not employ transfer processes as a mechanism to secure payment fאו שירותs from a הרשםed שם Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fאו הקודםious registration period(s) if the transfer is requested after the expiration date, או
(ii) In the case of non-payment of the current registration period, if transfer is requested befאוe the expiration date.
4. רשם Coאוdination
Each רשם is responsible fאו keeping copies of documentation, including the FOA ו the Transfer צור קשרs response tכאןto, that may be required fאו filing ו suppאוting a dispute under the dispute resolution policy. Gaining רשםs must maintain copies of the FOA as received from the Transfer צור קשר as per the stוard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining רשם ו the רשם of Recאוd must provide the evidence relied on fאו the transfer during ו after the applicable inter-registrar דומיין name transaction(s). Such infאוmation must be provided when requested by, ו only by, the other רשם that is party to the transfer transaction. הוסףitionally, ICANN, the Registry Operatאו, a court או authאוity with jurisdiction over the matter או a third party dispute resolution panel may also require such infאוmation within five (5) days of the request.
The Gaining רשם must retain, ו produce pursuant to a request by a Losing רשם, a written או electronic copy of the FOA. In instances wכאן the רשם of Recאוd has requested copies of the FOA, the Gaining רשם must fulfill the רשם of Recאוds request (including providing the attendant suppאוting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fאו reversal by the Registry Operatאו או the Dispute Resolution Panel in the event that a transfer complaint is filed in accאוdance with the requirements of this policy.
אם either a רשם of Recאוd או a Gaining רשם does not believe that a transfer request was hוled in accאוdance with the provisions of this policy, then the רשם may initiate a dispute resolution procedure as set fאוth in Section C of this policy.
Fאו purposes of facilitating transfer requests, רשםs should provide ו maintain a unique ו private email address fאו use only by other רשםs ו the Registry:
i. This email address is fאו issue related to transfer requests ו the procedures set fאוth 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 fאו רשםs
In EPP-based gTLD Registries, רשםs must follow the requirements set fאוth below.
רשםs must provide the הרשםed שם Holder with the unique "AuthInfo" code within five (5) calendar days of the הרשםed שם Holder's initial request if the רשם does not provide facilities fאו the הרשםed שם Holder to generate ו manage their own unique "AuthInfo" code.
רשםs may not employ any mechanism fאו complying with a הרשםed שם Holder's request to obtain the applicable "AuthInfo Code" that is mאוe restrictive than the mechanisms used fאו changing any aspect of the הרשםed שם Holder's contact או name server infאוmation.
The רשם of Recאוd must not refuse to release an "AuthInfo Code" to the הרשםed שם Holder solely because tכאן is a dispute between the הרשםed שם Holder ו the רשם over payment.
רשם-generated "AuthInfo" codes must be unique on a per-דומיין basis.
The "Auth-Info" codes must be used solely to identify a הרשםed שם Holder, wכאןas the FOA's still need to be used fאו authאוization או confirmation of a transfer request, as described in Section 2 ו Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commו from the Gaining רשם, Registry Operatאו will transmit an electronic notification to both רשםs. 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 רשם fאו the purpose of facilitating transfers.
The Registry Operatאו shall complete the requested transfer unless, within five (5) calendar days, Registry Operatאו receives a NACK protocol commו from the רשם of Recאוd.
When the Registry's database has been updated to reflect the change to the Gaining רשם, Registry Operatאו will transmit an electronic notification to both רשםs. The notification may be sent to the unique email address established by each רשם fאו the purpose of facilitating transfers או such other email address agreed to by the parties.
The Registry Operatאו shall undo a transfer if, after a transfer has occurred, the Registry Operatאו receives one of the notices as set fאוth below. In such case, the transfer will be reversed ו the דומיין name reset to its אוiginal state. The Registry Operatאו 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 Operatאו 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 רשם of Recאוd ו the Gaining רשם sent by email, letter או fax that the transfer was made by mistake או was otherwise not in accאוdance with the procedures set fאוth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; או
iii. Order of a court having jurisdiction over the transfer.
7. Recאוds of רישום
Each רשם shall require its customer, the הרשםed שם Holder, to maintain its own recאוds appropriate to document ו prove the initial דומיין name registration date.
8. Effect on תקופה of רישום
The completion by Registry Operatאו of a holder-authאוized transfer under this Part A shall result in a one-שנה extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) שנים.
B. ICANN-Approved Transfers
Transfer of the sponsאוship of all the registrations sponsאוed by one רשם as the result of (i) acquisition of that רשם או its assets by another רשם, או (ii) lack of accreditation of that רשם או lack of its authאוization with the Registry Operatאו, may be made accאוding to the following procedure:
(a) The gaining רשם must be accredited by ICANN fאו the Registry TLD ו must have in effect a Registry-רשם Agreement with Registry Operatאו fאו the Registry TLD.
(b) ICANN must certify in writing to Registry Operatאו that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual או imminent business failure of a רשם.
Upon satisfaction of these two conditions, Registry Operatאו will make the necessary one-time changes in the Registry database fאו no charge, fאו transfers involving 50,000 name registrations או fewer. אם the transfer involves registrations of mאוe than 50,000 names, Registry Operatאו will charge the gaining רשם a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fאו hוling disputes concerning inter-registrar transfers are set fאוth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatאוs ו ICANN accredited רשםs.