[dow2tf] RAA sections dealing with WHOIS services, incl. data collection, display & accuracy

["GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To: dow2tf[at]gnso.icann.org]

Please find attached a list of sections of the Registrar Accreditation
Agreement dealing with Whois services, including data collection, display
and accuracy.
The Staff Manager, Barbara Roseman has made this document available.

GNSO Secretariat

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<p align="center"><font face="Arial, Helvetica, sans-serif"><b>Registrar Accreditation 
  Agreement sections dealing with WHOIS services, including data collection, display 
  and accuracy.</b></font></p>
<p><font face="Arial, Helvetica, sans-serif">Listed are the sections of the Registrar 
  Accreditation Agreement dealing with Whois services, including data collection, 
  display, and accuracy. <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>Section 3. Registrar Obligations</b><br>
  <br>
  <b>3.3 Public Access to Data on Registered Names. During the Term of this Agreement: 
  </b><br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> 3.3.1 At its expense, Registrar 
  shall provide an interactive web page and a port 43 Whois service providing 
  free public query-based access to up-to-date (i.e., updated at least daily) 
  data concerning all active Registered Names sponsored by Registrar for each 
  TLD in which it is accredited. The data accessible shall consist of elements 
  that are designated from time to time according to an ICANN adopted specification 
  or policy. Until ICANN otherwise specifies by means of an ICANN adopted specification 
  or policy, this data shall consist of the following elements as contained in 
  Registrar's database: <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> 3.3.1.1 The name of the Registered 
  Name; <br>
  <br>
  3.3.1.2 The names of the primary nameserver and secondary nameserver(s) for 
  the Registered Name;<br>
  <br>
  3.3.1.3 The identity of Registrar (which may be provided through Registrar's 
  website); <br>
  <br>
  3.3.1.4 The original creation date of the registration;<br>
  <br>
  3.3.1.5 The expiration date of the registration; <br>
  <br>
  3.3.1.6 The name and postal address of the Registered Name Holder; <br>
  <br>
  3.3.1.7 The name, postal address, e-mail address, voice telephone number, and 
  (where available) fax number of the technical contact for the Registered Name; 
  and <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"> 3.3.1.8 The name, postal address, 
  e-mail address, voice telephone number, and (where available) fax number of 
  the administrative contact for the Registered Name. <br>
  <br>
  The appendix to this Agreement for a particular TLD may state substitute language 
  for Subsections 3.3.1.1 through 3.3.1.8 as applicable to that TLD; in that event 
  the substitute language shall replace and supersede Subsections 3.3.1.1 through 
  3.3.1.8 stated above for all purposes under this Agreement but only with respect 
  to that particular TLD. <br>
  <br>
  3.3.2 Upon receiving any updates to the data elements listed in Subsections 
  3.3.1.2, 3.3.1.3, and 3.3.1.5 through 3.3.1.8 from the Registered Name Holder, 
  Registrar shall promptly update its database used to provide the public access 
  described in Subsection 3.3.1. <br>
  <br>
  3.3.3 Registrar may subcontract its obligation to provide the public access 
  described in Subsection 3.3.1 and the updating described in Subsection 3.3.2, 
  provided that Registrar shall remain fully responsible for the proper provision 
  of the access and updating. <br>
  <br>
  3.3.4 Registrar shall abide by any ICANN specification or policy established 
  as a Consensus Policy according to Section 4 that requires registrars to cooperatively 
  implement a distributed capability that provides query-based Whois search functionality 
  across all registrars. If the Whois service implemented by registrars does not 
  in a reasonable time provide reasonably robust, reliable, and convenient access 
  to accurate and up-to-date data, the Registrar shall abide by any ICANN specification 
  or policy established as a Consensus Policy according to Section 4 requiring 
  Registrar, if reasonably determined by ICANN to be necessary (considering such 
  possibilities as remedial action by specific registrars), to supply data from 
  Registrar's database to facilitate the development of a centralized Whois database 
  for the purpose of providing comprehensive Registrar Whois search capability. 
  <br>
  <br>
  3.3.5 In providing query-based public access to registration data as required 
  by Subsections 3.3.1 and 3.3.4, Registrar shall not impose terms and conditions 
  on use of the data provided, except as permitted by policy established by ICANN. 
  Unless and until ICANN establishes a different policy according to Section 4, 
  Registrar shall permit use of data it provides in response to queries for any 
  lawful purposes except to: (a) allow, enable, or otherwise support the transmission 
  by e-mail, telephone, or facsimile of mass, unsolicited, commercial advertising 
  or solicitations to entities other than the data recipient's own existing customers; 
  or (b) enable high volume, automated, electronic processes that send queries 
  or data to the systems of any Registry Operator or ICANN-Accredited registrar, 
  except as reasonably necessary to register domain names or modify existing registrations. 
  <br>
  <br>
  3.3.6 In addition, Registrar shall provide third-party bulk access to the data 
  subject to public access under Subsection 3.3.1 under the following terms and 
  conditions: <br>
  </font></p>
<blockquote> 
  <p><font face="Arial, Helvetica, sans-serif"> 3.3.6.1 Registrar shall make a 
    complete electronic copy of the data available at least one time per week 
    for download by third parties who have entered into a bulk access agreement 
    with Registrar. <br>
    <br>
    3.3.6.2 Registrar may charge an annual fee, not to exceed US$10,000, for such 
    bulk access to the data. <br>
    <br>
    3.3.6.3 Registrar's access agreement shall require the third party to agree 
    not to use the data to allow, enable, or otherwise support the transmission 
    by e-mail, telephone, or facsimile of mass, unsolicited, commercial advertising 
    or solicitations to entities other than such third party's own existing customers. 
    </font></p>
  <p align="left"><font face="Arial, Helvetica, sans-serif">3.3.6.4 Registrar's 
    access agreement shall require the third party to agree not to use the data 
    to enable high-volume, automated, electronic processes that send queries or 
    data to the systems of any Registry Operator or ICANN-Accredited registrar, 
    except as reasonably necessary to register domain names or modify existing 
    registrations. <br>
    <br>
    3.3.6.5 Registrar's access agreement may require the third party to agree 
    not to sell or redistribute the data except insofar as it has been incorporated 
    by the third party into a value-added product or service that does not permit 
    the extraction of a substantial portion of the bulk data from the value-added 
    product or service for use by other parties. <br>
    <br>
    3.3.6.6 Registrar may enable Registered Name Holders who are individuals to 
    elect not to have Personal Data concerning their registrations available for 
    bulk access for marketing purposes based on Registrar's "Opt-Out" policy, 
    and if Registrar has such a policy, Registrar shall require the third party 
    to abide by the terms of that Opt-Out policy; provided, however, that Registrar 
    may not use such data subject to opt-out for marketing purposes in its own 
    value-added product or service. <br>
    <br>
    3.3.7 Registrar's obligations under Subsection 3.3.6 shall remain in effect 
    until the earlier of (a) replacement of this policy with a different ICANN 
    policy, established according to Section 4, governing bulk access to the data 
    subject to public access under Subsection 3.3.1, or (b) demonstration, to 
    the satisfaction of the United States Department of Commerce, that no individual 
    or entity is able to exercise market power with respect to registrations or 
    with respect to registration data used for development of value-added products 
    and services by third parties. <br>
    <br>
    3.3.8 To comply with applicable statutes and regulations and for other reasons, 
    ICANN may from time to time adopt policies and specifications establishing 
    limits (a) on the Personal Data concerning Registered Names that Registrar 
    may make available to the public through a public-access service described 
    in this Subsection 3.3 and (b) on the manner in which Registrar may make such 
    data available. In the event ICANN adopts any such policy, Registrar shall 
    abide by it. <br>
    <br>
    <b>3.4 Retention of Registered Name Holder and Registration Data. </b><br>
    <br>
    3.4.1 During the Term of this Agreement, Registrar shall maintain its own 
    electronic database, as updated from time to time, containing data for each 
    active Registered Name sponsored by it within each TLD for which it is accredited. 
    The data for each such registration shall include the elements listed in Subsections 
    3.3.1.1 through 3.3.1.8; the name and (where available) postal address, e-mail 
    address, voice telephone number, and fax number of the billing contact; and 
    any other Registry Data that Registrar has submitted to the Registry Operator 
    or placed in the Registry Database under Subsection 3.2. <br>
    <br>
    3.4.2 During the Term of this Agreement and for three years thereafter, Registrar 
    (itself or by its agent(s)) shall maintain the following records relating 
    to its dealings with the Registry Operator(s) and Registered Name Holders: 
    <br>
    <br>
    3.4.2.1 In electronic form, the submission date and time, and the content, 
    of all registration data (including updates) submitted in electronic form 
    to the Registry Operator(s); <br>
    <br>
    3.4.2.2 In electronic, paper, or microfilm form, all written communications 
    constituting registration applications, confirmations, modifications, or terminations 
    and related correspondence with Registered Name Holders, including registration 
    contracts; and <br>
    <br>
    3.4.2.3 In electronic form, records of the accounts of all Registered Name 
    Holders with Registrar, including dates and amounts of all payments and refunds. 
    <br>
    <br>
    3.4.3 During the Term of this Agreement and for three years thereafter, Registrar 
    shall make these records available for inspection and copying by ICANN upon 
    reasonable notice. ICANN shall not disclose the content of such records except 
    as expressly permitted by an ICANN specification or policy.<br>
    <br>
    <b>3.5 Rights in Data.</b> Registrar disclaims all rights to exclusive ownership 
    or use of the data elements listed in Subsections 3.2.1.1 through 3.2.1.3 
    for all Registered Names submitted by Registrar to the Registry Database for, 
    or sponsored by Registrar in, each TLD for which it is accredited. Registrar 
    does not disclaim rights in the data elements listed in Subsections 3.2.1.4 
    through 3.2.1.6 and Subsections 3.3.1.3 through 3.3.1.8 concerning active 
    Registered Names sponsored by it in each TLD for which it is accredited, and 
    agrees to grant non-exclusive, irrevocable, royalty-free licenses to make 
    use of and disclose the data elements listed in Subsections 3.2.1.4 through 
    3.2.1.6 and 3.3.1.3 through 3.3.1.8 for the purpose of providing a service 
    or services (such as a Whois service under Subsection 3.3.4) providing interactive, 
    query-based public access. Upon a change in sponsorship from Registrar of 
    any Registered Name in a TLD for which it is accredited, Registrar acknowledges 
    that the registrar gaining sponsorship shall have the rights of an owner to 
    the data elements listed in Subsections 3.2.1.4 through 3.2.1.6 and 3.3.1.3 
    through 3.3.1.8 concerning that Registered Name, with Registrar also retaining 
    the rights of an owner in that data. Nothing in this Subsection prohibits 
    Registrar from (1) restricting bulk public access to data elements in a manner 
    consistent with this Agreement and any ICANN specifications or policies or 
    (2) transferring rights it claims in data elements subject to the provisions 
    of this Subsection. <br>
    <br>
    <b>3.7 Business Dealings, Including with Registered Name Holders. <br>
    </b><br>
    3.7.1 In the event ICANN adopts a specification or policy, supported by a 
    consensus of ICANN-Accredited registrars, establishing or approving a Code 
    of Conduct for ICANN-Accredited registrars, Registrar shall abide by that 
    Code. <br>
    <br>
    3.7.2 Registrar shall abide by applicable laws and governmental regulations. 
    <br>
    <br>
    3.7.3 Registrar shall not represent to any actual or potential Registered 
    Name Holder that Registrar enjoys access to a registry for which Registrar 
    is Accredited that is superior to that of any other registrar Accredited for 
    that registry. <br>
    <br>
    3.7.4 Registrar shall not activate any Registered Name unless and until it 
    is satisfied that it has received a reasonable assurance of payment of its 
    registration fee. For this purpose, a charge to a credit card, general commercial 
    terms extended to creditworthy customers, or other mechanism providing a similar 
    level of assurance of payment shall be sufficient, provided that the obligation 
    to pay becomes final and non-revocable by the Registered Name Holder upon 
    activation of the registration. <br>
    <br>
    3.7.5 Registrar shall register Registered Names to Registered Name Holders 
    only for fixed periods. At the conclusion of the registration period, failure 
    by or on behalf of the Registered Name Holder to pay a renewal fee within 
    the time specified in a second notice or reminder shall, in the absence of 
    extenuating circumstances, result in cancellation of the registration. In 
    the event that ICANN adopts a specification or policy concerning procedures 
    for handling expiration of registrations, Registrar shall abide by that specification 
    or policy. <br>
    <br>
    3.7.6 Registrar shall not insert or renew any Registered Name in any registry 
    for which Registrar is accredited by ICANN in a manner contrary to an ICANN 
    policy stating a list or specification of excluded Registered Names that is 
    in effect at the time of insertion or renewal. <br>
    <br>
    <br>
    3.7.7 Registrar shall require all Registered Name Holders to enter into an 
    electronic or paper registration agreement with Registrar including at least 
    the following provisions: <br>
    <br>
    3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and 
    reliable contact details and promptly correct and update them during the term 
    of the Registered Name registration, including: the full name, postal address, 
    e-mail address, voice telephone number, and fax number if available of the 
    Registered Name Holder; name of authorized person for contact purposes in 
    the case of an Registered Name Holder that is an organization, association, 
    or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 
    and 3.3.1.8. <br>
    <br>
    3.7.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable 
    information, its willful failure promptly to update information provided to 
    Registrar, or its failure to respond for over fifteen calendar days to inquiries 
    by Registrar concerning the accuracy of contact details associated with the 
    Registered Name Holder's registration shall constitute a material breach of 
    the Registered Name Holder-registrar contract and be a basis for cancellation 
    of the Registered Name registration. <br>
    <br>
    3.7.7.3 Any Registered Name Holder that intends to license use of a domain 
    name to a third party is nonetheless the Registered Name Holder of record 
    and is responsible for providing its own full contact information and for 
    providing and updating accurate technical and administrative contact information 
    adequate to facilitate timely resolution of any problems that arise in connection 
    with the Registered Name. A Registered Name Holder licensing use of a Registered 
    Name according to this provision shall accept liability for harm caused by 
    wrongful use of the Registered Name, unless it promptly discloses the identity 
    of the licensee to a party providing the Registered Name Holder reasonable 
    evidence of actionable harm. <br>
    <br>
    3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name 
    Holder stating: <br>
    <br>
    3.7.7.4.1 The purposes for which any Personal Data collected from the applicant 
    are intended; <br>
    <br>
    3.7.7.4.2 The intended recipients or categories of recipients of the data 
    (including the Registry Operator and others who will receive the data from 
    Registry Operator); <br>
    <br>
    3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; 
    and <br>
    <br>
    3.7.7.4.4 How the Registered Name Holder or data subject can access and, if 
    necessary, rectify the data held about them.<br>
    <br>
    <br>
    3.7.7.5 The Registered Name Holder shall consent to the data processing referred 
    to in Subsection 3.7.7.4. <br>
    <br>
    <br>
    3.7.7.6 The Registered Name Holder shall represent that notice has been provided 
    equivalent to that described in Subsection 3.7.7.4 to any third-party individuals 
    whose Personal Data are supplied to Registrar by the Registered Name Holder, 
    and that the Registered Name Holder has obtained consent equivalent to that 
    referred to in Subsection 3.7.7.5 of any such third-party individuals. <br>
    <br>
    3.7.7.7 Registrar shall agree that it will not process the Personal Data collected 
    from the Registered Name Holder in a way incompatible with the purposes and 
    other limitations about which it has provided notice to the Registered Name 
    Holder in accordance with Subsection 3.7.7.4 above. <br>
    <br>
    3.7.7.8 Registrar shall agree that it will take reasonable precautions to 
    protect Personal Data from loss, misuse, unauthorized access or disclosure, 
    alteration, or destruction. <br>
    <br>
    3.7.7.9 The Registered Name Holder shall represent that, to the best of the 
    Registered Name Holder's knowledge and belief, neither the registration of 
    the Registered Name nor the manner in which it is directly or indirectly used 
    infringes the legal rights of any third party. <br>
    <br>
    3.7.7.10 For the adjudication of disputes concerning or arising from use of 
    the Registered Name, the Registered Name Holder shall submit, without prejudice 
    to other potentially applicable jurisdictions, to the jurisdiction of the 
    courts (1) of the Registered Name Holder's domicile and (2) where Registrar 
    is located.<br>
    </font><font face="Arial, Helvetica, sans-serif"><br>
    3.7.7.11 The Registered Name Holder shall agree that its registration of the 
    Registered Name shall be subject to suspension, cancellation, or transfer 
    pursuant to any ICANN adopted specification or policy, or pursuant to any 
    registrar or registry procedure not inconsistent with an ICANN adopted specification 
    or policy, (1) to correct mistakes by Registrar or the Registry Operator in 
    registering the name or (2) for the resolution of disputes concerning the 
    Registered Name. <br>
    <br>
    3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the 
    Registry Operator and its directors, officers, employees, and agents from 
    and against any and all claims, damages, liabilities, costs, and expenses 
    (including reasonable legal fees and expenses) arising out of or related to 
    the Registered Name Holder's domain name registration. <br>
    <br>
    <br>
    <br>
    3.7.8 Registrar shall abide by any specifications or policies established 
    according to Section 4 requiring reasonable and commercially practicable (a) 
    verification, at the time of registration, of contact information associated 
    with a Registered Name sponsored by Registrar or (b) periodic re-verification 
    of such information. Registrar shall, upon notification by any person of an 
    inaccuracy in the contact information associated with a Registered Name sponsored 
    by Registrar, take reasonable steps to investigate that claimed inaccuracy. 
    In the event Registrar learns of inaccurate contact information associated 
    with a Registered Name it sponsors, it shall take reasonable steps to correct 
    that inaccuracy. <br>
    <br>
    3.7.9 Registrar shall abide by any ICANN adopted specifications or policies 
    prohibiting or restricting warehousing of or speculation in domain names by 
    registrars. <br>
    <br>
    3.7.10 Nothing in this Agreement prescribes or limits the amount Registrar 
    may charge Registered Name Holders for registration of Registered Names. </font></p>
</blockquote>