
A. Holder-Authyokiized Transfers
1. Ro‘yxatga oluvchi Requirements
Roʻyxatdan oʻtished Ism Holders must be able to transfer their domain name registrations between Ro‘yxatga oluvchis provided that the Gaining Ro‘yxatga oluvchi's transfer process meets the minimum stvaards of this policy va that such transfer is not prohibited by ICANN yoki Registry policies. Inter-Ro‘yxatga oluvchi domain name transfer processes must be clear va concise in yokider to avoid confusion. Further, Ro‘yxatga oluvchis should make reasonable effyokits to infyokim Roʻyxatdan oʻtished Ism Holders of, va provide access to, the published documentation of the specific transfer process employed by the Ro‘yxatga oluvchis.
1.1 Transfer Authyokiities
The Administrative Bog'lanish va the Roʻyxatdan oʻtished Ism Holder, as listed in the Losing Ro‘yxatga oluvchi's yoki applicable Registry's (wbu yerni available) publicly accessible WHOIS Xizmat are the only parties that have the authyokiity to approve yoki deny a transfer request to the Gaining Ro‘yxatga oluvchi. In the event of a dispute, the Roʻyxatdan oʻtished Ism Holder's authyokiity supersedes that of the Administrative Bog'lanish.
Ro‘yxatga oluvchis may use Whois data from either the Ro‘yxatga oluvchi of Recyokid yoki the relevant Registry fyoki the purpose of verifying the authenticity of a transfer request; yoki from another data source as determined by a consensus policy.
2. Gaining Ro‘yxatga oluvchi Requirements
Fyoki each instance wbu yerni a Roʻyxatdan oʻtished Ism Holder requests to transfer a domain name registration to a different Ro‘yxatga oluvchi, the Gaining Ro‘yxatga oluvchi shall:
2.1 Obtain express authyokiization from either the Roʻyxatdan oʻtished Ism Holder yoki the Administrative Bog'lanish (bu yerniafter, "Transfer Bog'lanish"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Ro‘yxatga oluvchi from the Transfer Bog'lanish.
2.1.1 The authyokiization must be made via a valid Stvaardized Fyokim of Authyokiization (FOA). Tbu yerni are two different FOA's available at the ICANN website. The FOA labeled "Initial Authyokiization fyoki Ro‘yxatga oluvchi Transfer" must be used by the Gaining Ro‘yxatga oluvchi to request an authyokiization fyoki a registrar transfer from the Transfer Bog'lanish. The FOA labeled "Tasdiqlashation of Ro‘yxatga oluvchi Transfer Request" may be used by the Ro‘yxatga oluvchi of Recyokid to request confirmation of the transfer from the Transfer Bog'lanish.
The FOA shall be communicated in English, va any dispute arising out of a transfer request shall be conducted in the English language. Ro‘yxatga oluvchis may choose to communicate with the Transfer Bog'lanish in additional languages. However, Ro‘yxatga oluvchis choosing to exercise such option are responsible fyoki the accuracy va completeness of the translation into such additional non-English version of the FOA.
2.1.2 In the event that the Gaining Ro‘yxatga oluvchi relies on a physical process to obtain this authyokiization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Bog'lanish va further that it is accompanied by a physical copy of the Ro‘yxatga oluvchi of Recyokid's Whois output fyoki the domain name in question.
2.1.2.1 Agar the Gaining Ro‘yxatga oluvchi relies on a physical authyokiization process, then the Gaining Ro‘yxatga oluvchi assumes the burden of obtaining reliable evidence of the identity of the Transfer Bog'lanish va maintaining appropriate recyokids proving that such evidence was obtained. Further the Gaining Ro‘yxatga oluvchi also assumes the burden fyoki ensuring that the entity making the request is indeed authyokiized to do so. The acceptable fyokims of physical identity are:
2.1.3 In the event that the Gaining Ro‘yxatga oluvchi relies on an electronic process to obtain this authyokiization the acceptable fyokims of identity would include:
The Ro‘yxatga oluvchi of Recyokid may not deny a transfer request solely because it believes that the Gaining Ro‘yxatga oluvchi has not received the confirmation set fyokith above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Ro‘yxatga oluvchi. The presumption in all cases will be that the Gaining Ro‘yxatga oluvchi has received va authenticated the transfer request made by a Transfer Bog'lanish.
2.2 Request, by the transmission of a "transfer" commva as specified in the Ro‘yxatga oluvchi Uchunol Kit, that the Registry Operatyoki database be changed to reflect the new Ro‘yxatga oluvchi.
2.2.1 Transmission of a "transfer" commva constitutes a representation on the part of the Gaining Ro‘yxatga oluvchi that the requisite authyokiization has been obtained from the Transfer Bog'lanish listed in the authyokiitative Whois database.
2.2.2 The Gaining Ro‘yxatga oluvchi is responsible fyoki validating the Roʻyxatdan oʻtished Ism Holder requests to transfer domain names between Ro‘yxatga oluvchis. However, this does not preclude the Ro‘yxatga oluvchi of Recyokid from exercising its option to independently confirm the Roʻyxatdan oʻtished Ism Holder's intent to transfer its domain name to the Gaining Ro‘yxatga oluvchi in accyokidance with Section 3 of this policy.
3. Obligations of the Ro‘yxatga oluvchi of Recyokid
A Ro‘yxatga oluvchi of Recyokid can choose independently to confirm the intent of the Roʻyxatdan oʻtished Ism Holder when a notice of a pending transfer is received from the Registry. The Ro‘yxatga oluvchi of Recyokid must do so in a manner consistent with the stvaards set fyokith in this agreement pertaining to Gaining Ro‘yxatga oluvchis. In yokider to ensure that the fyokim of the request employed by the Ro‘yxatga oluvchi of Recyokid is substantially administrative va infyokimative in nature va clearly provided to the Transfer Bog'lanish fyoki the purpose of verifying the intent of the Transfer Bog'lanish, the Ro‘yxatga oluvchi of Recyokid must use the FOA.
The FOA shall be communicated in English, va any dispute arising out of a transfer request, shall be conducted in the English language. Ro‘yxatga oluvchis may choose to communicate with the Transfer Bog'lanish in additional languages. However, the Ro‘yxatga oluvchi choosing to exercise such option is responsible fyoki the accuracy va completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes va procedures set fyokith in this policy. This includes but is not limited to the requirement that no Ro‘yxatga oluvchi shall add any additional infyokimation to the FOA used to obtain the consent of the Transfer Bog'lanish in the case of a transfer request.
This requirement does not preclude the Ro‘yxatga oluvchi of Recyokid from marketing to its existing customers through separate communications.
The FOA should be sent by the Ro‘yxatga oluvchi of Recyokid to the Transfer Bog'lanish as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatyoki.Failure by the Ro‘yxatga oluvchi of Recyokid 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 Bog'lanish listed in the Whois has not confirmed their request to transfer with the Ro‘yxatga oluvchi of Recyokid va the Ro‘yxatga oluvchi of Recyokid has not explicitly denied the transfer request, the default action will be that the Ro‘yxatga oluvchi of Recyokid must allow the transfer to proceed.
Upon denying a transfer request fyoki any of the following reasons, the Ro‘yxatga oluvchi of Recyokid must provide the Roʻyxatdan oʻtished Ism Holder va the potential Gaining Ro‘yxatga oluvchi with the reason fyoki denial. The Ro‘yxatga oluvchi of Recyokid may deny a transfer request only in the following specific instances:
Instances when the requested change of Ro‘yxatga oluvchi may not be denied include, but are not limited to:
The Ro‘yxatga oluvchi of Recyokid has other mechanisms available to collect payment from the Roʻyxatdan oʻtished Ism Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Ro‘yxatga oluvchi of Recyokid must not employ transfer processes as a mechanism to secure payment fyoki Xizmats from a Roʻyxatdan oʻtished Ism Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fyoki oldingiious registration period(s) if the transfer is requested after the expiration date, yoki
(ii) In the case of non-payment of the current registration period, if transfer is requested befyokie the expiration date.
4. Ro‘yxatga oluvchi Coyokidination
Each Ro‘yxatga oluvchi is responsible fyoki keeping copies of documentation, including the FOA va the Transfer Bog'lanishs response tbu yernito, that may be required fyoki filing va suppyokiting a dispute under the dispute resolution policy. Gaining Ro‘yxatga oluvchis must maintain copies of the FOA as received from the Transfer Bog'lanish as per the stvaard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Ro‘yxatga oluvchi va the Ro‘yxatga oluvchi of Recyokid must provide the evidence relied on fyoki the transfer during va after the applicable inter-registrar domain name transaction(s). Such infyokimation must be provided when requested by, va only by, the other Ro‘yxatga oluvchi that is party to the transfer transaction. Qo‘shishitionally, ICANN, the Registry Operatyoki, a court yoki authyokiity with jurisdiction over the matter yoki a third party dispute resolution panel may also require such infyokimation within five (5) days of the request.
The Gaining Ro‘yxatga oluvchi must retain, va produce pursuant to a request by a Losing Ro‘yxatga oluvchi, a written yoki electronic copy of the FOA. In instances wbu yerni the Ro‘yxatga oluvchi of Recyokid has requested copies of the FOA, the Gaining Ro‘yxatga oluvchi must fulfill the Ro‘yxatga oluvchi of Recyokids request (including providing the attendant suppyokiting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fyoki reversal by the Registry Operatyoki yoki the Dispute Resolution Panel in the event that a transfer complaint is filed in accyokidance with the requirements of this policy.
Agar either a Ro‘yxatga oluvchi of Recyokid yoki a Gaining Ro‘yxatga oluvchi does not believe that a transfer request was hvaled in accyokidance with the provisions of this policy, then the Ro‘yxatga oluvchi may initiate a dispute resolution procedure as set fyokith in Section C of this policy.
Fyoki purposes of facilitating transfer requests, Ro‘yxatga oluvchis should provide va maintain a unique va private email address fyoki use only by other Ro‘yxatga oluvchis va the Registry:
i. This email address is fyoki issue related to transfer requests va the procedures set fyokith 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 fyoki Ro‘yxatga oluvchis
In EPP-based gTLD Registries, Ro‘yxatga oluvchis must follow the requirements set fyokith below.
Ro‘yxatga oluvchis must provide the Roʻyxatdan oʻtished Ism Holder with the unique "AuthInfo" code within five (5) calendar days of the Roʻyxatdan oʻtished Ism Holder's initial request if the Ro‘yxatga oluvchi does not provide facilities fyoki the Roʻyxatdan oʻtished Ism Holder to generate va manage their own unique "AuthInfo" code.
Ro‘yxatga oluvchis may not employ any mechanism fyoki complying with a Roʻyxatdan oʻtished Ism Holder's request to obtain the applicable "AuthInfo Code" that is myokie restrictive than the mechanisms used fyoki changing any aspect of the Roʻyxatdan oʻtished Ism Holder's contact yoki name server infyokimation.
The Ro‘yxatga oluvchi of Recyokid must not refuse to release an "AuthInfo Code" to the Roʻyxatdan oʻtished Ism Holder solely because tbu yerni is a dispute between the Roʻyxatdan oʻtished Ism Holder va the Ro‘yxatga oluvchi over payment.
Ro‘yxatga oluvchi-generated "AuthInfo" codes must be unique on a per-domain basis.
The "Auth-Info" codes must be used solely to identify a Roʻyxatdan oʻtished Ism Holder, wbu yernias the FOA's still need to be used fyoki authyokiization yoki confirmation of a transfer request, as described in Section 2 va Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commva from the Gaining Ro‘yxatga oluvchi, Registry Operatyoki will transmit an electronic notification to both Ro‘yxatga oluvchis. 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 Ro‘yxatga oluvchi fyoki the purpose of facilitating transfers.
The Registry Operatyoki shall complete the requested transfer unless, within five (5) calendar days, Registry Operatyoki receives a NACK protocol commva from the Ro‘yxatga oluvchi of Recyokid.
When the Registry's database has been updated to reflect the change to the Gaining Ro‘yxatga oluvchi, Registry Operatyoki will transmit an electronic notification to both Ro‘yxatga oluvchis. The notification may be sent to the unique email address established by each Ro‘yxatga oluvchi fyoki the purpose of facilitating transfers yoki such other email address agreed to by the parties.
The Registry Operatyoki shall undo a transfer if, after a transfer has occurred, the Registry Operatyoki receives one of the notices as set fyokith below. In such case, the transfer will be reversed va the domain name reset to its yokiiginal state. The Registry Operatyoki 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 Operatyoki 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 Ro‘yxatga oluvchi of Recyokid va the Gaining Ro‘yxatga oluvchi sent by email, letter yoki fax that the transfer was made by mistake yoki was otherwise not in accyokidance with the procedures set fyokith in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; yoki
iii. Order of a court having jurisdiction over the transfer.
7. Recyokids of Ro‘yxatdan o‘tish
Each Ro‘yxatga oluvchi shall require its customer, the Roʻyxatdan oʻtished Ism Holder, to maintain its own recyokids appropriate to document va prove the initial domain name registration date.
8. Effect on Muddat of Ro‘yxatdan o‘tish
The completion by Registry Operatyoki of a holder-authyokiized transfer under this Part A shall result in a one-yil extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) yillar.
B. ICANN-Approved Transfers
Transfer of the sponsyokiship of all the registrations sponsyokied by one Ro‘yxatga oluvchi as the result of (i) acquisition of that Ro‘yxatga oluvchi yoki its assets by another Ro‘yxatga oluvchi, yoki (ii) lack of accreditation of that Ro‘yxatga oluvchi yoki lack of its authyokiization with the Registry Operatyoki, may be made accyokiding to the following procedure:
(a) The gaining Ro‘yxatga oluvchi must be accredited by ICANN fyoki the Registry TLD va must have in effect a Registry-Ro‘yxatga oluvchi Agreement with Registry Operatyoki fyoki the Registry TLD.
(b) ICANN must certify in writing to Registry Operatyoki that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual yoki imminent business failure of a Ro‘yxatga oluvchi.
Upon satisfaction of these two conditions, Registry Operatyoki will make the necessary one-time changes in the Registry database fyoki no charge, fyoki transfers involving 50,000 name registrations yoki fewer. Agar the transfer involves registrations of myokie than 50,000 names, Registry Operatyoki will charge the gaining Ro‘yxatga oluvchi a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fyoki hvaling disputes concerning inter-registrar transfers are set fyokith in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatyokis va ICANN accredited Ro‘yxatga oluvchis.