- Acceptable Use Overview
- Notice of Violations
- Prohibited Actions
- Abuse Point of Contact
- Policy Purposes
- Actions The Registry May Take
- Preventative Measures at Registry's Sole Discretion
- Dispute Resolution Alternative
- Service by Mail
- Disqualification of Registrants
- Representations by Registrants
Before the Registry Operator will accept applications for registration from Registrar, all domain name applicants in the .WhosWho TLD ("Applicants") must enter into an electronic or paper registration agreement with the Registrar, in accordance with the ICANN RAA and this Agreement. Such electronic or paper registration agreement shall include, at a minimum, the following certifications:
- The data provided in the domain name registration application is true, correct, up-to-date and complete;
- The domain name registrant has the authority to enter into the registration agreement;
- The domain name registrant shall comply with the .WhosWho Acceptable Use Policy;
- The domain name will not be used for distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting, pornography (whether textual or pictorial), personal adult services/prostitution (regardless of their legality under applicable law) or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension or deletion of the domain name registration.
This Acceptable Use and Takedown Policy (“Acceptable Use Policy”) of Who’s Who Registry (the “Registry”), is to be read together with the Registration Agreement and words and phrases used in this Acceptable Use and Takedown Policy shall have the same meanings attributed to them as in the Registration Agreement unless otherwise specified or the context clearly otherwise requires.
Please note that the Registry may modify this Acceptable Use Policy from time to time in order to comply with applicable laws and terms and/or any conditions set forth by ICANN: ICANN-approved amendments are effective automatically as designated by ICANN. Any revisions or modifications to this Acceptable Use Policy shall be effective thirty (30) days after the initial date of posting such revisions or modifications on the Registry’s website and such amendments shall be binding upon the domain name registrant.
- Acceptable Use Overview
- Notice of Violations
All domain name registrants must act responsibly in their use of any .WhosWho domain or website hosted on any .WhosWho domain, and in accordance with this policy, ICANN rules and regulations, and applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, and intellectual property rights.
The Registry will not tolerate abusive, malicious, profane, obscene, vulgar, or illegal conduct in registration of a domain name; nor will the Registry tolerate such content on a website hosted on a .WhosWho domain name.
This Acceptable Use Policy will govern the Registry’s actions in response to abusive, malicious, profane, obscene, vulgar, or illegal conduct of which the Registry becomes aware. In all cases the Registry reserves the right to bring the offending sites into compliance using any of the methods described herein, or others as may be necessary in the Registry’s discretion, whether or not described in this Acceptable Use Policy.
Upon becoming aware of impermissible conduct, the Registry (or its designees) may alert any relevant Registrar about any identified threats, and may work with them to resolve such issues. The Registry will also utilize such other methods in compliance with applicable laws and ICANN policies, as it deems appropriate.
The Registry may identify Acceptable Use Policy violations by any means, including without limitation, a private complaint, public alert, government or enforcement agency outreach, ICANN notification, and on-going monitoring by the Registry or its partners. At its discretion, the Registry or its designee, through an automated system or otherwise, may view any website hosted on a .WhosWho domain, for the purpose of identifying Acceptable Use Policy violations.
Conduct in violation of this Acceptable Use Policy includes but is not limited to:
- Phishing; attempting to defraud and defame Internet users via masquerading as a known website, with the intent to steal or expose credentials, money or identities.
- Domain Name or Domain Theft; changing the registration of a domain name without the permission of its original registrant.
- Botnet Command and Control; running services on a domain name to control a collection of compromised computers or “zombies,” or to direct Distributed Denial of Service attacks (“DDoS attacks”)
- Distribution of Malware; the creation and/or distribution of “malicious” software designed to infiltrate a computer system, mobile device, software, operating infrastructure, and/or website, without the owner or authorized party’s consent. Malware includes, without limitation, computer viruses, worms, keyloggers and trojan horses.
- Fast Flux Attacks ⁄ Hosting; the sheltering of phishing, pharming and malware sites and networks from detection, and the frustration of methods employed to defend against such practices, whereby the IP addresses associated with fraudulent sites are changed rapidly so as to make the true location of the sites difficult to find.
- Hacking; the attempt to gain unauthorized access (or exceed the level of authorized access) to a computer, information system, user account or profile, database, or security system.
- Pharming; the redirecting of Internet users to websites other than those the user intends to visit, usually through, but not limited to, unauthorized changes to the Hosts file on a victim’s computer or DNS records in DNS servers, or DNS hijacking or poisoning.
- Spam; the use of electronic messaging systems to send unsolicited bulk messages. The term applies to email spam and similar abuses such as instant messaging spam, mobile messaging spam, and spamming of websites and Internet forums.
- Piracy; the unlicensed publication, display and/or dissemination of any material that infringes the copyrights of any person.
- Counterfeiting; the sale and advertising of illegal goods, including without limitations, goods that infringe the trademarks of any party.
- Child Pornography; the storage, publication, display and/or dissemination of pornographic materials depicting individuals under the legal age in the relevant jurisdiction. Alternatively, no website hosted on any .WhosWho domain may be used in a way as to mislead or deceive minors into viewing sexually explicit materials, whether in violation of a governing law or otherwise.
- Pornography; the storage, publication, display or dissemination of pornographic materials of any type is specifically proscribed on any .WhosWho domain. Where any question arise as to what constitutes pornographic materials, the decision of the Registry Operator will unilaterally prevail. [The registry will not entertain arguments of what constitutes pornography versus art, and in lieu directs prospective registrants to the gTLDs for pornography/adult (i.e. .XXX, .PORN, .SEX, .ADULT) and for art (.ART), with prophylactic recommendations that the appropriate choice of gTLD may avoid any contention, and subsequent disappointment, in future.
Further abusive behaviors include, but are not limited to: cybersquatting, front-running, gripe sites, deceptive and ⁄or offensive domain names, fake renewal notices, cross- gTLD registration scam, name spinning, pay-per-click, traffic diversion, false affiliation, domain kiting ⁄ tasting, fast-flux, 419 scams or if the domain name is being used in a manner that appears to threaten the stability, integrity or security of the Registry, or any of its Registrar partners and ⁄or that may put the safety and security of any registrant or user at risk.
- Abuse Point of Contact
All complaints should be addressed to: firstname.lastname@example.org
The Registry reserves the right, in its sole discretion and without notice to any other party, to take appropriate actions (whether administrative, operational or otherwise) to:
- Protect the integrity and stability of the Registry;
- Comply with any applicable laws, government rules or requirements, ICANN regulations, requests of law enforcement, or any dispute resolution process;
- Avoid any liability, civil or criminal, on the part of Registry as well as its affiliates, subsidiaries, officers, directors, and employees;
- Comply with the terms of the registration agreement, the Registry-Registrar Agreement, the Registry Agreement, or any other binding commitments, whether written or otherwise;
- Correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
- Allow for the resolution of a dispute of any sort whether or not the dispute appears to be unmerited or unsubstantiated;
- Respond to complaints of abusive behavior on websites hosted on .WhosWho domains; or
- Otherwise implement the Acceptable Use Policy.
- Actions The Registry May Take
To enforce this Acceptable Use Policy, including responding to any prohibited activities or to effectuate the policy purposes described above, the Registry may take actions including but not limited to:
- Conduct an assessment to determine whether any alleged abusive or otherwise harmful behavior violates the Registry’s policies, applicable laws, or ICANN regulations;
- Lock down a domain name preventing any changes to the contact and name server information associated with the domain name;
- Place a domain name “on hold” rendering the domain name non-resolvable or prohibiting transfer of the domain name to another Registrar;
- Substitute name servers in cases in which the domain name is associated with an existing law enforcement investigation in order to collect information about the DNS queries and, when appropriate, to share information with law enforcement to assist the investigation;
- Cancel or transfer or take ownership of any domain name, either temporarily or permanently;
- Deny attempted registrations from repeat violators (see the section on Disqualification of Registrants below);
- Use relevant technological services, whether our own or third party, such as computer forensics and information security; and
- Share relevant information on abuse with other registries, Registrars, ccTLDs, law enforcement authorities (i.e., security professionals, etc.) not only on abusive domain name registrations within its own gTLD, but also information uncovered with respect to domain names in other registries to enable such parties to take appropriate action.
- Preventative Measures at Registry's Sole Discretion
The Registry may also take preventative measures at its sole discretion including (without limitation):
- DNSSEC deployment which reduces the opportunity for pharming and other man-in-the-middle attacks;
- Removal of orphan glue records; and
- Place upon registry lock, hold or similar status a domain name during resolution of a dispute.
- Dispute Resolution Alternatives
The Registry is not bound to adjudicate any dispute between parties and cannot and does not accept any responsibility for any loss or damage a domain name registrant or anyone else may suffer as a result of any action or omission by us or by anyone else under this Acceptable Use Policy.
Any abuse-related issues with which the Registry is unable to assist should be resolved through an appropriate dispute resolution forum. In such circumstance, the Registry will act following provision of:
- The final determination of an internationally recognized dispute resolution body or a court of law, resolving the inter-party dispute or otherwise mandating the Registry’s action;
- Any requirement of ICANN or other recognized authority which demands action or response; or
- In the case of a wrongful transfer of a domain name, a registrant may also provide written agreement of the Registrar of record and the gaining Registrar sent by email, letter or fax that the transfer was made by mistake or procedural error or was unauthorized.
- Service by Mail
All notices under this section should be served by mail to:WHO’S WHO REGISTRY
LEE GARDEN ONE, 19TH FLOOR, #1901
33 HYSAN AVENUE
CAUSEWAY BAY, HONG KONG
Anyone acting under this section is responsible for all costs, fees, damages and other expenses relating to any such action, including any actions the Registry is required to take.
- Disqualification of Registrants
Registrants, their agents or affiliates, determined by the Registry, in its sole discretion, to have repeatedly engaged in abusive, malicious or illegal conduct may be disqualified from maintaining any registrations or making future registrations of .WhosWho domain names.
In addition, name servers that are found to be associated with fraudulent registrations may be added to a local blacklist and any existing or new registration that uses such fraudulent NS record may be investigated.
Following disqualification of a registrant, the Registry may cause such registrant’s .WhosWho domain names to resolve to a page noting that the domains have been disabled for abuse-related reasons.
- Representations by Registrants
- The Registrant represents and warrants that current, complete, and accurate information has been provided in connection with its Registration, and that Registrant will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting Registration or Reservation. The Registrant’s obligation to provide current, accurate, and complete information is a material element of this Agreement, and the .WhosWho Registry Operator reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Registration if it determines, in its sole discretion, that the information is materially inaccurate;
- The Registrant agrees to submit to proceedings commenced under the Uniform Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension (“URS”) service. Registrant further agrees to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and hereby releases the .WhosWho Registry Operator, its affiliates and service providers from any and all direct or indirect liability associated with such dispute resolution processes;
- The Registrant acknowledges that the .WhosWho Administrator reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion if it reasonably concludes that the domain name is being used in a manner that appears to (i) conflict with this Policy, (ii) threaten the stability, integrity or security of the .WhosWho TLD, the DNS or the global Internet, or any of its registrar partners and/or (iii) put the safety and security of any registrant or user at risk. The process also allows the Registry to take proactive measures to detect and prevent criminal conduct or cybersecurity threats.
- The Registrant agrees to indemnify to the maximum extent permitted by law, defend and hold harmless the .WhosWho Registry Operator, its affiliates and service providers, and each of their respective directors, owners, officers, employees, contractors, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s use, operation, Registration of any name and/or website in the .WhosWho .
By registering a domain name in .WhosWho:
The .WhosWho Registry Operator reserves the right to modify, change, or discontinue any aspect of its services, agreements, of this Acceptable Use Policy.
In addition, Registrar agrees to incorporate the following text (or translation of such text into relevant language) into their Registration Agreement:
"The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy (UDRP), available at https://www.icann.org/resources/pages/udrp-2012-02-25-en
- The Uniform Rapid Suspension (URS) Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
- The Transfer Dispute Resolution Policy, (TDRP) available at https://www.icann.org/resources/pages/tdrp-2012-02-25-en and its successors, such as the one which is effective from 01 December 2016 available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. Registry Operator is not required to ensure that a domain name is being used in compliance with the UDRP.
The URS is one of several new Rights Protection Mechanisms available in the New gTLD Program. It complements the existing UDRP by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement. The URS Procedure defines the URS claims process. The Rules will help service providers implement URS in a consistent manner.
The TDRP sets forth the terms under which a dispute relating to Inter-Registrar domain name transfers are handled. Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the TDRP procedures apply. Registry Operator is not required to ensure that a domain name is being used in compliance with the TDRP processes.
Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion:
- to protect the integrity, security and stability of the Internet or Registry;
- to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process;
- to avoid any liability, civil or criminal, on the part of Registry Operator and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders;
- for violations of this Agreement and its Exhibits and its Policies and Related Online Documents included by reference in the Registry-Registrar Agreement;
- to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration; and/or
- to ensure compliance with ICANN and/or Registry Operator policies and/or procedures.
Registry Operator also reserves the right to lock or place on hold a domain name during resolution of a dispute. Registry Operator will notify Registrar of any cancellations, locks, holds or transfer made by Registry Operator to the Registrar’s domain name registrations, via email or other method as may be mutually agreed upon by the Parties, within twenty four (24) hours of any change, unless otherwise required to by law.
Registry Operator reserves the right to take immediate action to remove orphan glue records (as defined at https://www.icann.org/resources/files/sac-048-2012-02-25-en) when provided with evidence in written form that such records are present in connection with malicious conduct.
PERSONAL INFORMATION COLLECTION, USE, AND DISCLOSURE
Information Registrants Provide on our Web Sites. On our web sites, we collect Personal Information only if users choose to give it to us, for example by subscribing to RSS feeds or blog posts or electing to “follow” .WhosWho on social media sites. Like all web sites, we automatically collect Log Data about user visits. This information does not identify a user to us unless identifying data (names, contact information, or other Personal Information) has also been given to us. We use Personal Information and Log Data to respond to your requests, process transactions that users initiate, improve our web site, and deliver personalized content to users. We may disclose that information to third parties to help us in these activities, but we do not allow them to use the Personal Information for other purposes.
Domain Name Registry Services. When you register a domain name, your registrar will collect certain information, including your name, address, contact information, and the IP address of the servers on which your domain name is hosted. As the Registry Operator for .WhosWho, we collect this information, known as “WHOIS Information” from registrars, and makes it available online in the WHOIS database.
We use WHOIS Information and other information collected in the course of providing registry services to: comply with law and regulation, and contractual obligations; investigate and respond to complaints of abusive conduct; and enforce registry policies related to, without limitation: WHOIS accuracy, limitations on registration, and prohibitions against the use of domain names to distribute malware, operate botnets, or engage in phishing, piracy, intellectual property infringement, fraud or deceptive practices, counterfeiting or other activity that is contrary to applicable law.
We reserve the right to use and disclose this information as needed to provide the domain registry services, identify and respond to cybersecurity threats, protect our rights and the rights of third parties, and as required by law. In addition, we may from time to time collect and aggregate demographic data or statistical analysis and other research, but do not disclose Personal Information in that process.
Other Use and Disclosure of Personal Information. We do not use or disclose Personal Information other than as described above, except:
- With users’ express permission;
- Where permitted by our customer agreements, for internal use, research, fraud prevention, and product development;
- To (i) comply with US laws or the laws of other nations, or to respond to lawful requests and legal process in US or another nation's civil, criminal or investigative matters, (ii) enforce agreements, our terms and conditions, and policies, and protect our rights and property as the site owner, and (iii) in an emergency, to protect the personal safety of our Registry Service Provider, Neustar Inc., its customers, or any person;
- In an aggregated or de-identified form that does not directly identify you;
- With third party vendors, consultants and other service providers who are working on our behalf, but we limit their access and use of Personal Information to that which is needed to carry out their work for us; and
- In connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
EU AND SWISS SAFE HARBORS
We may receive Personal Information about residents of the European Union and Switzerland in the course of providing registry services. Our handling of such information complies with the U.S. – EU Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as administered by the U.S. Department of Commerce, and we have certified our adherence to the Safe Harbor principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Additional information about the Safe Harbor programs is available at: http://www.export.gov/safeharbor.
We have implemented policies that include administrative, technical, and physical safeguards designed to protect Personal Information against unauthorized access, use, or disclosure.
We do not knowingly collect information from children under 13, and we do not create marketing segments or knowingly enable advertising targeted to children under 18.
INFORMATION FOR CALIFORNIA RESIDENTS
Pursuant to Section 1798.83 of the California Civil Code, residents of California who have an established business relationship with us may request certain information with respect to the Personal Information we share with third parties for those third parties’ direct marketing purposes. To exercise your rights, email us at email@example.com.
Who’s Who Registry
Lee Garden One, 19th Floor, #1901
33 Hysan Avenue, Causeway Bay, HONG KONG
Cookies are text files placed on a computer’s browser that can be used to recognize you as a web site user or to provide personalized content.
Log data is the Internet page request that is automatically collected when you visit a web site, and typically includes the URL of the page requested, Internet Protocol address, browser type, browser language, the date and time of your request, one or more cookies that may uniquely identify your browser. Advertising logs also contain information about ad campaign delivery, which we use for reporting and analytics, and to measure ad effectiveness.
Personal information is information that personally identifies you, such as your name, email address or billing information, or other data that we can reasonably link to that kind of information.
Pixel tags are placed on a web site or within the body of an email for the purpose of tracking activity on web sites, or when emails are opened or accessed, and are often used in combination with cookies.
Web beacons are small pieces of code placed on web pages that can be used for such purposes as counting visitors and delivering cookies or to otherwise customize the user experience.
The WHOIS service offered by Who's Who Registry, the Registry Operator for .WhosWho, and the access to the records in the .WhosWho WHOIS database are provided for information purposes only and designed to assist persons in determining whether a specific domain name registration record is available or not in the Who's Who Registry database and to obtain information related to the registration records of existing domain names. Who's Who Registry cannot, under any circumstances, be held liable in such instances where the stored information would prove to be wrong, incomplete, or not accurate in any sense. By submitting a WHOIS query, you agree that you will not use this data:
- to allow, enable or otherwise support in any way the transmission of unsolicited, commercial advertising or other solicitations whether via direct mail, email, telephone or otherwise;
- to enable high volume, automated, electronic processes that apply to the registry (or its systems );
- for target advertising in any possible way;
- to cause nuisance in any possible way to the registrants by sending (whether by automated, electronic processes capable of enabling high volumes or other possible means) messages to them;
- to violate any law, rule, regulation or statute; and/or
- in contravention of any applicable data and privacy protection acts.
Without prejudice to the above, it is explicitly forbidden to extract, copy and/or use or re-utilize in any form and by any means (electronically or not) the whole or a quantitatively or qualitatively substantial part of the contents of the WHOIS database without prior and explicit permission by Who's Who Registry, nor in any attempt hereof, or to apply automated, electronic processes to Who's Who Registry (or its systems or their designated third party Registry Service Provider's systems). You agree that any reproduction and/or transmission of data for commercial purposes will always be considered as the extraction of a substantial part of the content of the WHOIS database. By utilizing this website and/or submitting a query you agree to abide by this policy and accept that Who's Who Registry, or their third party Registry Service Provider, can take measures to limit the use of its WHOIS services in order to protect the privacy of its registrants or the integrity of the database. We reserve the right to make changes to the Website, the Service(s) and these Terms and Conditions at any time without prior notice to you. It is your responsibility to review these Terms and Conditions each time you access or use the Website and/or Service(s) to keep apprised of any changes. If you do not agree to the changes implemented by Who's Who Registry, your sole and exclusive remedy is to terminate your use of the Website and/or Service(s).
By executing a query, in any manner whatsoever, you agree to abide by these Terms and Conditions.
NOTE: FAILURE TO LOCATE A RECORD IN THE WHOIS DATABASE IS NOT INDICATIVE OF THE AVAILABILITY OF A DOMAIN NAME.
NOTE: This section is for businesses that sell .WhosWho domain names to end users. If you wish to buy one or more .WHOSWHO domains for yourself or your organization, ICANN rules require that you must purchase them through one of our "Accredited Registrars," whom you will pay - usually online by your choice of convenient payment options. (When you buy a domain from any of them, they will in turn pay us for your .WhosWho domain purchases, and that's what the section below is about. To find a linklist of logos from our Accredited Registrars that can be filtered with the push of a button, CLICK HERE or here http://domains.whoswho/register.
We look forward to having you with us!
1.1 Payment Methods
All payments will be made in USD.
Payment can be made in two ways:
- the Pre-Payment Debit Account Program, or
- the Payment in Arrears Program (for qualifying Registrars only).
1.2 Pre-Payment Debit Account Program
1.2.1 Registrars using debit accounts must transfer sufficient funds into their account to ensure that funds are available for all their domain name applications. Registrars who wish to use a credit/debit card must be sure to have an adequate credit limit or deposit funds, as a backup, which will support the number of domain name applications submitted. If you have any questions at any time, please contact Registry Billing Support at +1-877-BILL-277 (+1-877-245-5277) or firstname.lastname@example.org.
1.2.2 Registrar must establish an account with Neustar’s bank. The Registrar is responsible for funding the account to a level that is consistent with its monthly sales volume. Who’s Who Registry has elected to have Neustar perform the billing and collections operations, and Neustar shall debit the Registrar’s account for each billable transaction on at least a daily basis.
1.2.3 Upon receipt of Registrar’s initial deposit, Neustar shall provide Registrar with login credentials to Neustar’s eBill system. Through eBill, Registrar may check their account balance, which shall be updated four times per day. In addition, through eBill, Registrar may elect to set a “low water mark” for funds in its Debit Account (LWM). Such LWM may be changed at any time by sending a request to email@example.com . Changes are made by Neustar by the close of the next business day. In the event that the funds available in Registrar’s Debit Account fall below the LWM, notification will be sent to the Registrar. Registrar shall have 48 hours to initiate a deposit to their account to bring their balance to a level that supports the number of domain name applications submitted.
1.2.4 The Registry Operator will pay bank fees associated with the Registrar’s account, but the Registrar is responsible for all wire transfer fees. For example, a wire transfer of US$500.00 would include a US$20.00 transaction fee from the originating bank. This US$20.00 fee is the responsibility of the sending Registrar. The monthly fees associated with the handling of the remaining US$480.00 are paid by the Registry Operator at Bank of America.
1.2.5 If the account falls to a zero balance, the Registry Operator reserves the right to stop accepting orders from the Registrar until the account is fully funded to a level that supports the number of domain name applications submitted. In the event that Neustar allows a Registrar to fall below a zero balance, Registrar must replenish the Debit Account by no later than seven (7) days after such account falls below zero. Failure to replenish the Debit Account may result in Registrar being converted to “not-in-good standing”, meaning that Registrar will be unable to create new domains, renew domains, or transfer in any domain names from another registrar until such time that the account is replenished.
1.3 Payment in Arrears Program
1.3.1 Certain Registrars may qualify to participate in Neustar’s Payment in Arrears Program which allows Registrars to make all payments owed for certain top-level domains (TLDs) for which Neustar is providing registry services (for example, .BIZ, .US, .TRAVEL and others),within thirty (30) days after the date of an invoice. For a specific list of TLDs participating in this program, please contact your account representative or send an e-mail to firstname.lastname@example.org.
1.3.2 Registrar Reserve.
126.96.36.199 In order to qualify for this program, Registrars must submit to Neustar a pre-payment in the amount of US$ 50,000.00 (in the manner set forth below) which Neustar will hold in reserve in a non-interest bearing account on behalf of the Registrar and its Affiliates (“Registrar Reserve”). Only one Registrar Reserve is required to cover all of the participating TLDs for which Neustar is providing registry services.
188.8.131.52 The Registrar Reserve shall, at the election of the Registrar, cover Registrar and all of Registrars’ Affiliates. For the purposes of this Program, (i) “Affiliate” means a person or entity that, directly or indirectly, through one or more intermediaries, or in combination with one or more other persons or entities, controls, is controlled by, or is under common control with, the person or entity specified, and (ii) “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person or entity, whether through the ownership of securities, as trustee or executor, by serving as an employee or a member of a board of directors or equivalent governing body, by contract, by credit arrangement or otherwise.
184.108.40.206 Prior to submitting the payment set forth in Section 220.127.116.11 above, Registrar shall send an e-mail to email@example.com requesting participation in the Payment in Arrears Program and detailing which Affiliates (if any) will be included in the Program under the same Registrar Reserve.
18.104.22.168 Statements shall be posted to each qualifying Registrar’s billing extranet account by no later than ten (10) days after the end of each month detailing the total number of billable transactions for the previous month broken out by type and top-level domain.
22.214.171.124 Neustar must receive payment for each statement in full by no later than thirty (30) days after the date of the applicable statement (“Due Date”). In the event that Neustar does not receive payment in full by the Due Date, Neustar has the right to withdraw all unpaid amounts from the Registrar Reserve. If the unpaid amount is greater than the balance remaining in the Registrar Reserve, Neustar may, at its option, (i) change the Registrar (and its Affiliates’) status to “not-in-good standing,” prevent the Registrar (and its Affiliates) from creating new domains, renewing domains or transferring in domains for all TLDs; and (ii) assess a late fee on all unpaid amounts equal to one and one-half percent (1.5%) of the maximum rate allowed by law, whichever is less, from the original due date to the date paid in full.
126.96.36.199 Registrars shall be required to refill the Registrar Reserve the full $50,000.00 balance by no later than seven (7) days from the date in which the Registrar Reserve was used to pay off Registrar’s outstanding balance.
188.8.131.52 If a Registrar fails to pay an invoice on time two times in any six (6) month period, or three times in any two (2) year period, Neustar has the right to disqualify the Registrar from participating in the Payment in Arrears Program, and if disqualified, Neustar shall automatically move the Registrar to the Pre-payment Debit Account Program. A Registrar that has been disqualified from the Payment in Arrears Program shall not be eligible to participate in the Payment in Arrears Program for a minimum of twenty-four (24) months following such disqualification.
184.108.40.206 In the event Registrar terminates its relationship with all Neustar-sponsored TLDs or elects to switch to the Pre-Payment Debit Account Program, all unused Registrar Reserve funds shall be returned to Registrar within thirty (30) days of such termination and/or election.
1.4 Instructions for Electing Either Program
Step 1: Complete the Registrar Profile form available on the Registrar Extranet, which is used to provide general background on your profile and for electing either the Pre-Payment Debit Account Program or Payment in Arrears Program.
Step 2: Return the completed form via email (firstname.lastname@example.org) or facsimile to Neustar Customer Support at +1.571.434.5758.
Step 3: In the event that Registrar has elected the Pre-Payment Debit Account Program or Registrar is unable to qualify for the Payment in Arrears Program, Registrar will receive a new Bank of America Debit account number within five (5) to seven (7) business days along with wire transfer instructions from Neustar.
Step 4: Using the wire transfer instructions below, if Registrar has elected to participate in the Pre-payment Debit Account Program, Registrar shall make the initial deposit into the account to comply with the Projected Monthly Sales, which were entered into Registrar Profile form. In the event Registrar has elected to participate in the Payment in Arrears Program, Registrar shall be required to use the wire transfer instructions below to make the required Registrar Reserve payment.