
A. Holder-Authatauized Transfers
1. Registrar Requirements
Daftared Nama Holders must be able to transfer their domain name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum stdanards of this policy dan that such transfer is not prohibited by ICANN atau Registry policies. Inter-Registrar domain name transfer processes must be clear dan concise in atauder to avoid confusion. Further, Registrars should make reasonable effatauts to infataum Daftared Nama Holders of, dan provide access to, the published documentation of the specific transfer process employed by the Registrars.
1.1 Transfer Authatauities
The Administrative Kontak dan the Daftared Nama Holder, as listed in the Losing Registrar's atau applicable Registry's (wdi sini available) publicly accessible WHOIS layanan are the only parties that have the authatauity to approve atau deny a transfer request to the Gaining Registrar. In the event of a dispute, the Daftared Nama Holder's authatauity supersedes that of the Administrative Kontak.
Registrars may use Whois data from either the Registrar of Recataud atau the relevant Registry fatau the purpose of verifying the authenticity of a transfer request; atau from another data source as determined by a consensus policy.
2. Gaining Registrar Requirements
Fatau each instance wdi sini a Daftared Nama Holder requests to transfer a domain name registration to a different Registrar, the Gaining Registrar shall:
2.1 Obtain express authatauization from either the Daftared Nama Holder atau the Administrative Kontak (di siniafter, "Transfer Kontak"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Kontak.
2.1.1 The authatauization must be made via a valid Stdanardized Fataum of Authatauization (FOA). Tdi sini are two different FOA's available at the ICANN website. The FOA labeled "Initial Authatauization fatau Registrar Transfer" must be used by the Gaining Registrar to request an authatauization fatau a registrar transfer from the Transfer Kontak. The FOA labeled "Konfirmasiation of Registrar Transfer Request" may be used by the Registrar of Recataud to request confirmation of the transfer from the Transfer Kontak.
The FOA shall be communicated in English, dan any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Kontak in additional languages. However, Registrars choosing to exercise such option are responsible fatau the accuracy dan completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Registrar relies on a physical process to obtain this authatauization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Kontak dan further that it is accompanied by a physical copy of the Registrar of Recataud's Whois output fatau the domain name in question.
2.1.2.1 Jika the Gaining Registrar relies on a physical authatauization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Kontak dan maintaining appropriate recatauds proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden fatau ensuring that the entity making the request is indeed authatauized to do so. The acceptable fataums of physical identity are:
2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authatauization the acceptable fataums of identity would include:
The Registrar of Recataud may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set fatauth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrar. The presumption in all cases will be that the Gaining Registrar has received dan authenticated the transfer request made by a Transfer Kontak.
2.2 Request, by the transmission of a "transfer" commdan as specified in the Registrar Untukol Kit, that the Registry Operatatau database be changed to reflect the new Registrar.
2.2.1 Transmission of a "transfer" commdan constitutes a representation on the part of the Gaining Registrar that the requisite authatauization has been obtained from the Transfer Kontak listed in the authatauitative Whois database.
2.2.2 The Gaining Registrar is responsible fatau validating the Daftared Nama Holder requests to transfer domain names between Registrars. However, this does not preclude the Registrar of Recataud from exercising its option to independently confirm the Daftared Nama Holder's intent to transfer its domain name to the Gaining Registrar in accataudance with Section 3 of this policy.
3. Obligations of the Registrar of Recataud
A Registrar of Recataud can choose independently to confirm the intent of the Daftared Nama Holder when a notice of a pending transfer is received from the Registry. The Registrar of Recataud must do so in a manner consistent with the stdanards set fatauth in this agreement pertaining to Gaining Registrars. In atauder to ensure that the fataum of the request employed by the Registrar of Recataud is substantially administrative dan infataumative in nature dan clearly provided to the Transfer Kontak fatau the purpose of verifying the intent of the Transfer Kontak, the Registrar of Recataud must use the FOA.
The FOA shall be communicated in English, dan any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Kontak in additional languages. However, the Registrar choosing to exercise such option is responsible fatau the accuracy dan completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes dan procedures set fatauth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional infataumation to the FOA used to obtain the consent of the Transfer Kontak in the case of a transfer request.
This requirement does not preclude the Registrar of Recataud from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Recataud to the Transfer Kontak as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatatau.Failure by the Registrar of Recataud 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 Kontak listed in the Whois has not confirmed their request to transfer with the Registrar of Recataud dan the Registrar of Recataud has not explicitly denied the transfer request, the default action will be that the Registrar of Recataud must allow the transfer to proceed.
Upon denying a transfer request fatau any of the following reasons, the Registrar of Recataud must provide the Daftared Nama Holder dan the potential Gaining Registrar with the reason fatau denial. The Registrar of Recataud may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrar may not be denied include, but are not limited to:
The Registrar of Recataud has other mechanisms available to collect payment from the Daftared Nama Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Recataud must not employ transfer processes as a mechanism to secure payment fatau layanans from a Daftared Nama Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fatau sebelumnyaious registration period(s) if the transfer is requested after the expiration date, atau
(ii) In the case of non-payment of the current registration period, if transfer is requested befataue the expiration date.
4. Registrar Coataudination
Each Registrar is responsible fatau keeping copies of documentation, including the FOA dan the Transfer Kontaks response tdi sinito, that may be required fatau filing dan suppatauting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Kontak as per the stdanard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrar dan the Registrar of Recataud must provide the evidence relied on fatau the transfer during dan after the applicable inter-registrar domain name transaction(s). Such infataumation must be provided when requested by, dan only by, the other Registrar that is party to the transfer transaction. Tambahitionally, ICANN, the Registry Operatatau, a court atau authatauity with jurisdiction over the matter atau a third party dispute resolution panel may also require such infataumation within five (5) days of the request.
The Gaining Registrar must retain, dan produce pursuant to a request by a Losing Registrar, a written atau electronic copy of the FOA. In instances wdi sini the Registrar of Recataud has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Recatauds request (including providing the attendant suppatauting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fatau reversal by the Registry Operatatau atau the Dispute Resolution Panel in the event that a transfer complaint is filed in accataudance with the requirements of this policy.
Jika either a Registrar of Recataud atau a Gaining Registrar does not believe that a transfer request was hdanled in accataudance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set fatauth in Section C of this policy.
Fatau purposes of facilitating transfer requests, Registrars should provide dan maintain a unique dan private email address fatau use only by other Registrars dan the Registry:
i. This email address is fatau issue related to transfer requests dan the procedures set fatauth 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 fatau Registrars
In EPP-based gTLD Registries, Registrars must follow the requirements set fatauth below.
Registrars must provide the Daftared Nama Holder with the unique "AuthInfo" code within five (5) calendar days of the Daftared Nama Holder's initial request if the Registrar does not provide facilities fatau the Daftared Nama Holder to generate dan manage their own unique "AuthInfo" code.
Registrars may not employ any mechanism fatau complying with a Daftared Nama Holder's request to obtain the applicable "AuthInfo Code" that is mataue restrictive than the mechanisms used fatau changing any aspect of the Daftared Nama Holder's contact atau name server infataumation.
The Registrar of Recataud must not refuse to release an "AuthInfo Code" to the Daftared Nama Holder solely because tdi sini is a dispute between the Daftared Nama Holder dan the Registrar over payment.
Registrar-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Daftared Nama Holder, wdi sinias the FOA's still need to be used fatau authatauization atau confirmation of a transfer request, as described in Section 2 dan Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commdan from the Gaining Registrar, Registry Operatatau will transmit an electronic notification to both Registrars. 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 Registrar fatau the purpose of facilitating transfers.
The Registry Operatatau shall complete the requested transfer unless, within five (5) calendar days, Registry Operatatau receives a NACK protocol commdan from the Registrar of Recataud.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operatatau will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar fatau the purpose of facilitating transfers atau such other email address agreed to by the parties.
The Registry Operatatau shall undo a transfer if, after a transfer has occurred, the Registry Operatatau receives one of the notices as set fatauth below. In such case, the transfer will be reversed dan the domain name reset to its atauiginal state. The Registry Operatatau 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 Operatatau 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 Registrar of Recataud dan the Gaining Registrar sent by email, letter atau fax that the transfer was made by mistake atau was otherwise not in accataudance with the procedures set fatauth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; atau
iii. Order of a court having jurisdiction over the transfer.
7. Recatauds of Pendaftaran
Each Registrar shall require its customer, the Daftared Nama Holder, to maintain its own recatauds appropriate to document dan prove the initial domain name registration date.
8. Effect on Jangka Waktu of Pendaftaran
The completion by Registry Operatatau of a holder-authatauized transfer under this Part A shall result in a one-tahun extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) tahun.
B. ICANN-Approved Transfers
Transfer of the sponsatauship of all the registrations sponsataued by one Registrar as the result of (i) acquisition of that Registrar atau its assets by another Registrar, atau (ii) lack of accreditation of that Registrar atau lack of its authatauization with the Registry Operatatau, may be made accatauding to the following procedure:
(a) The gaining Registrar must be accredited by ICANN fatau the Registry TLD dan must have in effect a Registry-Registrar Agreement with Registry Operatatau fatau the Registry TLD.
(b) ICANN must certify in writing to Registry Operatatau that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual atau imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operatatau will make the necessary one-time changes in the Registry database fatau no charge, fatau transfers involving 50,000 name registrations atau fewer. Jika the transfer involves registrations of mataue than 50,000 names, Registry Operatatau will charge the gaining Registrar a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fatau hdanling disputes concerning inter-registrar transfers are set fatauth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatataus dan ICANN accredited Registrars.