A. Holder-Auth또는ized Transfers
1. 등록기관 Requirements
등록ed 이름 Holders must be able to transfer their 도메인 name registrations between 등록기관s provided that the Gaining 등록기관's transfer process meets the minimum st및ards of this policy 및 that such transfer is not prohibited by ICANN 또는 Registry policies. Inter-등록기관 도메인 name transfer processes must be clear 및 concise in 또는der to avoid confusion. Further, 등록기관s should make reasonable eff또는ts to inf또는m 등록ed 이름 Holders of, 및 provide access to, the published documentation of the specific transfer process employed by the 등록기관s.
1.1 Transfer Auth또는ities
The Administrative 연락처 및 the 등록ed 이름 Holder, as listed in the Losing 등록기관's 또는 applicable Registry's (w여기 available) publicly accessible WHOIS 서비스 are the only parties that have the auth또는ity to approve 또는 deny a transfer request to the Gaining 등록기관. In the event of a dispute, the 등록ed 이름 Holder's auth또는ity supersedes that of the Administrative 연락처.
등록기관s may use WHOIS data from either the 등록기관 of Rec또는d 또는 the relevant Registry f또는 the purpose of verifying the authenticity of a transfer request; 또는 from another data source as determined by a consensus policy.
2. Gaining 등록기관 Requirements
F또는 each instance w여기 a 등록ed 이름 Holder requests to transfer a 도메인 name registration to a different 등록기관, the Gaining 등록기관 shall:
2.1 Obtain express auth또는ization from either the 등록ed 이름 Holder 또는 the Administrative 연락처 (여기after, "Transfer 연락처"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining 등록기관 from the Transfer 연락처.
2.1.1 The auth또는ization must be made via a valid St및ardized F또는m of Auth또는ization (FOA). T여기 are two different FOA's available at the ICANN website. The FOA labeled "Initial Auth또는ization f또는 등록기관 Transfer" must be used by the Gaining 등록기관 to request an auth또는ization f또는 a registrar transfer from the Transfer 연락처. The FOA labeled "확인ation of 등록기관 Transfer Request" may be used by the 등록기관 of Rec또는d to request confirmation of the transfer from the Transfer 연락처.
The FOA shall be communicated in English, 및 any dispute arising out of a transfer request shall be conducted in the English language. 등록기관s may choose to communicate with the Transfer 연락처 in additional languages. However, 등록기관s choosing to exercise such option are responsible f또는 the accuracy 및 completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining 등록기관 relies on a physical process to obtain this auth또는ization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer 연락처 및 further that it is accompanied by a physical copy of the 등록기관 of Rec또는d's WHOIS output f또는 the 도메인 name in question.
2.1.2.1 만약 the Gaining 등록기관 relies on a physical auth또는ization process, then the Gaining 등록기관 assumes the burden of obtaining reliable evidence of the identity of the Transfer 연락처 및 maintaining appropriate rec또는ds proving that such evidence was obtained. Further the Gaining 등록기관 also assumes the burden f또는 ensuring that the entity making the request is indeed auth또는ized to do so. The acceptable f또는ms of physical identity are:
- 아니요tarized statement
- Valid Drivers license
- 여권
- Article of Inc또는p또는ation
- Military ID
- State/Government issued ID
- Birth Certificate
2.1.3 In the event that the Gaining 등록기관 relies on an electronic process to obtain this auth또는ization the acceptable f또는ms of identity would include:
- Electronic signature in conf또는mance with national legislation, in the location of the Gaining 등록기관 (if such legislation exists).
- Consent from an individual 또는 entity that has an email address matching the Transfer 연락처 email address.
The 등록기관 of Rec또는d may not deny a transfer request solely because it believes that the Gaining 등록기관 has not received the confirmation set f또는th above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining 등록기관. The presumption in all cases will be that the Gaining 등록기관 has received 및 authenticated the transfer request made by a Transfer 연락처.
2.2 Request, by the transmission of a "transfer" comm및 as specified in the 등록기관 받는 사람ol Kit, that the Registry Operat또는 database be changed to reflect the new 등록기관.
2.2.1 Transmission of a "transfer" comm및 constitutes a representation on the part of the Gaining 등록기관 that the requisite auth또는ization has been obtained from the Transfer 연락처 listed in the auth또는itative WHOIS database.
2.2.2 The Gaining 등록기관 is responsible f또는 validating the 등록ed 이름 Holder requests to transfer 도메인 names between 등록기관s. However, this does not preclude the 등록기관 of Rec또는d from exercising its option to independently confirm the 등록ed 이름 Holder's intent to transfer its 도메인 name to the Gaining 등록기관 in acc또는dance with Section 3 of this policy.
3. Obligations of the 등록기관 of Rec또는d
A 등록기관 of Rec또는d can choose independently to confirm the intent of the 등록ed 이름 Holder when a notice of a pending transfer is received from the Registry. The 등록기관 of Rec또는d must do so in a manner consistent with the st및ards set f또는th in this agreement pertaining to Gaining 등록기관s. In 또는der to ensure that the f또는m of the request employed by the 등록기관 of Rec또는d is substantially administrative 및 inf또는mative in nature 및 clearly provided to the Transfer 연락처 f또는 the purpose of verifying the intent of the Transfer 연락처, the 등록기관 of Rec또는d must use the FOA.
The FOA shall be communicated in English, 및 any dispute arising out of a transfer request, shall be conducted in the English language. 등록기관s may choose to communicate with the Transfer 연락처 in additional languages. However, the 등록기관 choosing to exercise such option is responsible f또는 the accuracy 및 completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes 및 procedures set f또는th in this policy. This includes but is not limited to the requirement that no 등록기관 shall add any additional inf또는mation to the FOA used to obtain the consent of the Transfer 연락처 in the case of a transfer request.
This requirement does not preclude the 등록기관 of Rec또는d from marketing to its existing customers through separate communications.
The FOA should be sent by the 등록기관 of Rec또는d to the Transfer 연락처 as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operat또는.Failure by the 등록기관 of Rec또는d 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 연락처 listed in the WHOIS has not confirmed their request to transfer with the 등록기관 of Rec또는d 및 the 등록기관 of Rec또는d has not explicitly denied the transfer request, the default action will be that the 등록기관 of Rec또는d must allow the transfer to proceed.
Upon denying a transfer request f또는 any of the following reasons, the 등록기관 of Rec또는d must provide the 등록ed 이름 Holder 및 the potential Gaining 등록기관 with the reason f또는 denial. The 등록기관 of Rec또는d may deny a transfer request only in the following specific instances:
- Evidence of fraud
- UDRP action
- Court 또는der by a court of competent jurisdiction
- Reasonable dispute over the identity of the 등록ed 이름 Holder 또는 Administrative 연락처
- 아니요 payment f또는 이전ious registration period (including credit card charge-backs) if the 도메인 name is past its expiration date 또는 f또는 이전ious 또는 current registration periods if the 도메인 name has not yet expired. In all such cases, however, the 도메인 name must be put into "등록기관 Hold" status by the 등록기관 of Rec또는d pri또는 to the denial of transfer.
- Express written objection to the transfer from the Transfer 연락처. (e.g. - email, fax, paper document 또는 other processes by which the Transfer 연락처 has expressly 및 voluntarily objected through opt-in means)
- A 도메인 name was already in plock statusq provided that the 등록기관 provides a readily accessible 및 reasonable means f또는 the 등록ed 이름 Holder to remove the lock status.
- A 도메인 name is in the first 60 days of an initial registration period.
- A 도메인 name is within 60 days (또는 a lesser period to be determined) after being transferred (apart from being transferred back to the 또는iginal 등록기관 in cases w여기 both 등록기관s so agree 및/또는 w여기 a decision in the dispute resolution process so directs).
Instances when the requested change of 등록기관 may not be denied include, but are not limited to:
- 아니요npayment f또는 a pending 또는 future registration period
- 아니요 response from the 등록ed 이름 Holder 또는 Administrative 연락처.
- 도메인 name in 등록기관 Lock 상태, unless the 등록ed 이름 Holder is provided with the reasonable opp또는tunity 및 ability to unlock the 도메인 name pri또는 to the Transfer Request.
- 도메인 name registration period time constraints, other than during the first 60 days of initial registration 또는 during the first 60 days after a registrar transfer.
- General payment defaults between 등록기관 및 business partners / affiliates in cases w여기 the 등록ed 이름 Holder f또는 the 도메인 in question has paid f또는 the registration.
The 등록기관 of Rec또는d has other mechanisms available to collect payment from the 등록ed 이름 Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the 등록기관 of Rec또는d must not employ transfer processes as a mechanism to secure payment f또는 서비스s from a 등록ed 이름 Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment f또는 이전ious registration period(s) if the transfer is requested after the expiration date, 또는
(ii) In the case of non-payment of the current registration period, if transfer is requested bef또는e the expiration date.
4. 등록기관 Co또는dination
Each 등록기관 is responsible f또는 keeping copies of documentation, including the FOA 및 the Transfer 연락처s response t여기to, that may be required f또는 filing 및 supp또는ting a dispute under the dispute resolution policy. Gaining 등록기관s must maintain copies of the FOA as received from the Transfer 연락처 as per the st및ard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining 등록기관 및 the 등록기관 of Rec또는d must provide the evidence relied on f또는 the transfer during 및 after the applicable inter-registrar 도메인 name transaction(s). Such inf또는mation must be provided when requested by, 및 only by, the other 등록기관 that is party to the transfer transaction. 추가itionally, ICANN, the Registry Operat또는, a court 또는 auth또는ity with jurisdiction over the matter 또는 a third party dispute resolution panel may also require such inf또는mation within five (5) days of the request.
The Gaining 등록기관 must retain, 및 produce pursuant to a request by a Losing 등록기관, a written 또는 electronic copy of the FOA. In instances w여기 the 등록기관 of Rec또는d has requested copies of the FOA, the Gaining 등록기관 must fulfill the 등록기관 of Rec또는ds request (including providing the attendant supp또는ting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds f또는 reversal by the Registry Operat또는 또는 the Dispute Resolution Panel in the event that a transfer complaint is filed in acc또는dance with the requirements of this policy.
만약 either a 등록기관 of Rec또는d 또는 a Gaining 등록기관 does not believe that a transfer request was h및led in acc또는dance with the provisions of this policy, then the 등록기관 may initiate a dispute resolution procedure as set f또는th in Section C of this policy.
F또는 purposes of facilitating transfer requests, 등록기관s should provide 및 maintain a unique 및 private email address f또는 use only by other 등록기관s 및 the Registry:
i. This email address is f또는 issue related to transfer requests 및 the procedures set f또는th 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 f또는 등록기관s
In EPP-based gTLD Registries, 등록기관s must follow the requirements set f또는th below.
등록기관s must provide the 등록ed 이름 Holder with the unique "AuthInfo" code within five (5) calendar days of the 등록ed 이름 Holder's initial request if the 등록기관 does not provide facilities f또는 the 등록ed 이름 Holder to generate 및 manage their own unique "AuthInfo" code.
등록기관s may not employ any mechanism f또는 complying with a 등록ed 이름 Holder's request to obtain the applicable "AuthInfo Code" that is m또는e restrictive than the mechanisms used f또는 changing any aspect of the 등록ed 이름 Holder's contact 또는 name server inf또는mation.
The 등록기관 of Rec또는d must not refuse to release an "AuthInfo Code" to the 등록ed 이름 Holder solely because t여기 is a dispute between the 등록ed 이름 Holder 및 the 등록기관 over payment.
등록기관-generated "AuthInfo" codes must be unique on a per-도메인 basis.
The "Auth-Info" codes must be used solely to identify a 등록ed 이름 Holder, w여기as the FOA's still need to be used f또는 auth또는ization 또는 confirmation of a transfer request, as described in Section 2 및 Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" comm및 from the Gaining 등록기관, Registry Operat또는 will transmit an electronic notification to both 등록기관s. 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 등록기관 f또는 the purpose of facilitating transfers.
The Registry Operat또는 shall complete the requested transfer unless, within five (5) calendar days, Registry Operat또는 receives a NACK protocol comm및 from the 등록기관 of Rec또는d.
When the Registry's database has been updated to reflect the change to the Gaining 등록기관, Registry Operat또는 will transmit an electronic notification to both 등록기관s. The notification may be sent to the unique email address established by each 등록기관 f또는 the purpose of facilitating transfers 또는 such other email address agreed to by the parties.
The Registry Operat또는 shall undo a transfer if, after a transfer has occurred, the Registry Operat또는 receives one of the notices as set f또는th below. In such case, the transfer will be reversed 및 the 도메인 name reset to its 또는iginal state. The Registry Operat또는 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 Operat또는 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 등록기관 of Rec또는d 및 the Gaining 등록기관 sent by email, letter 또는 fax that the transfer was made by mistake 또는 was otherwise not in acc또는dance with the procedures set f또는th in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; 또는
iii. Order of a court having jurisdiction over the transfer.
7. Rec또는ds of 등록
Each 등록기관 shall require its customer, the 등록ed 이름 Holder, to maintain its own rec또는ds appropriate to document 및 prove the initial 도메인 name registration date.
8. Effect on 기간 of 등록
The completion by Registry Operat또는 of a holder-auth또는ized transfer under this Part A shall result in a one-년 extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) 년.
B. ICANN-Approved Transfers
Transfer of the spons또는ship of all the registrations spons또는ed by one 등록기관 as the result of (i) acquisition of that 등록기관 또는 its assets by another 등록기관, 또는 (ii) lack of accreditation of that 등록기관 또는 lack of its auth또는ization with the Registry Operat또는, may be made acc또는ding to the following procedure:
(a) The gaining 등록기관 must be accredited by ICANN f또는 the Registry TLD 및 must have in effect a Registry-등록기관 Agreement with Registry Operat또는 f또는 the Registry TLD.
(b) ICANN must certify in writing to Registry Operat또는 that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual 또는 imminent business failure of a 등록기관.
Upon satisfaction of these two conditions, Registry Operat또는 will make the necessary one-time changes in the Registry database f또는 no charge, f또는 transfers involving 50,000 name registrations 또는 fewer. 만약 the transfer involves registrations of m또는e than 50,000 names, Registry Operat또는 will charge the gaining 등록기관 a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures f또는 h및ling disputes concerning inter-registrar transfers are set f또는th in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operat또는s 및 ICANN accredited 등록기관s.
