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[registrars] Other Registries looking at pursuing similar contracts

  • To: <registrars@xxxxxxxx>
  • Subject: [registrars] Other Registries looking at pursuing similar contracts
  • From: "Bhavin Turakhia" <bhavin.t@xxxxxxxxxxxxxx>
  • Date: Tue, 26 Jul 2005 17:51:05 +0530
  • In-reply-to: <200507261049.j6QAnSWQ001266@pechora.icann.org>
  • Sender: owner-registrars@xxxxxxxxxxxxxx
  • Thread-index: AcWRUbz8GPJdhwcHQr+DxeLPj3xScAAAgWTwAB8HJoAAAWEiwA==

Hi,

I did not complete my original statement below.

What I needed to add is that I know of atleast one Registry (and maybe more)
who is looking at using the provision below to negotiate an equalization of
terms in their contracts too.

It would be catastrophic if every TLD Registry began to use this below
provision to get an equalization of terms in their contract.

Bhavin

> -----Original Message-----
> From: owner-registrars@xxxxxxxxxxxxxx 
> [mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Bhavin Turakhia
> Sent: Tuesday, July 26, 2005 4:29 PM
> To: registrars@xxxxxxxx
> Subject: [registrars] Equal access provision for registries too
> 
> 
> Hi all,
> 
> One more aspect to consider is even registries apparently 
> have an equal access provision as below in their contracts. 
> 
> Refer specifically to provision 2.1.3. nelow -
> 
> section 2.1 of the Agreement as below:
> http://www.icann.org/tlds/agreements/unsponsored/registry-agmt
> -11may01.htm
> 
> "2.1. General Obligations of ICANN. With respect to all 
> matters that affect the rights, obligations, or role of 
> Registry Operator, ICANN shall during the Term of this Agreement:
> 
> 2.1.1. exercise its responsibilities in an open and 
> transparent manner;
> 
> 2.1.2. not unreasonably restrain competition and, to the 
> extent feasible, promote and encourage robust competition;
> 
> 2.1.3. not apply standards, policies, procedures or practices 
> arbitrarily, unjustifiably, or inequitably and not single out 
> Registry Operator for disparate treatment unless justified by 
> substantial and reasonable cause; and
> 
> 2.1.4. ensure, through its reconsideration and independent 
> review policies, adequate appeal procedures for Registry 
> Operator, to the extent it is adversely affected by ICANN 
> standards, policies, procedures or practices."
> 
> 
> bhavin
> 




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