Guidelines for Registrar Accreditation

Transcription

1 Guidelines for Registrar Accreditation [In case of any discrepancy between this translation and the original Chinese text, the Chinese text shall govern. Terms in this translation expressed in the singular should be construed as also including the plural, and vice versa. ] Approved by the 6th Domain Name Committee Meeting, Jul 28, 2000 Revised by the 15th Domain Name Committee Meeting, Dec 4, 2001 Revised by the 27th Domain Name Committee Meeting, May 15, 2003 Revised by the 101st Domain Name Committee Meeting May 25, 2016 Revised by the 106th Domain Name Committee Meeting, Apr 19, 2018 Article 1, Bases of the Guidelines These Guidelines are promulgated by Taiwan Network Information Center (hereinafter referred to as "TWNIC") in accordance with the "Guidelines for Domain Name Registration" to regulate related matters in registrar accreditation to handle applications for domain name registration. Article 2, The terms as used in these Guidelines shall have the following definitions: 1. Domain Name System, "DNS" in abbreviation: The system in hierarchical tree structure, with a top-down authorization control, enabling the reflection and conversion of domain names to Internet Protocol addresses and other data. 2. Registry: A juristic person of non-profit organization participating in the administration of Internet Protocol Address registrations or domain name registrations. 3. Registrar: A juristic person participating in the registration services (of domain names) under the accreditation of a registry. Article 3, Scope of Accredited Services 1. Services regarding the domain name registration as accredited to registrars by TWNIC include services in the application, update, transfer, cancellation of domain name registrations and necessary reviews. 2. TWNIC shall have the right to accredit a registrar to provide all or a part of the services as provided in the preceding Paragraph 1, based on the conditions of such registrar. Article 4, Application for Accreditation and Review thereof 1. To apply for an accredited registrar, the candidate shall submit an application in

2 accordance with these Guidelines to TWNIC. After the review and approval of TWNIC, the candidate shall sign the Registrar Accreditation Agreement with TWNIC within 14 working days. 2. The candidate shall fulfill all of the requirements specified in the Qualification for Domain Name Registrars and Documents Required for an Application attached to these Guidelines. 3. TWNIC shall review the application submitted by the candidate and may conduct site investigation when it is considered necessary. Except the registrars accredited by ICANN, new applications shall be submitted to the Domain Name Committee for review and approval. 4. For accreditation renewal applications submitted by the registrars, TWNIC shall perform a review according to the qualification for registrar and the performance during the term of the Agreement. In case of major violations, the accreditation renewal shall be determined after the review and decision by the Domain Name Committee. 5. The registrars shall submit the application fee, guaranty deposit and annual accreditation fee (software maintenance & technical service fee) as described in Article 6. In case where a registrar fails to make payment within the time-limit informed by the TWNIC, TWNIC may refuse to perform the review or may cancel the qualification of such registrar. Article 5, Assessment of Registrars 1. TWNIC shall have the right to assess from time to time the accredited registrars at a random basis. If a registrar is found not qualified, TWNIC shall request the registrar to submit a proposal of correction and the registrar shall correct such non-qualification within thirty (30) days; Otherwise TWNIC shall have the right to terminate its accreditation and request the registrar to return all data relating to registrants of domain names to TWNIC. TWNIC shall have the right to request the registrar to recover damages so caused, if any. 2. Assessment of registrars shall be conducted in pursuant to assessment policies to be promulgated announced by TWNIC separately. Article 6, Fee Collection 1. An applicant applying for a accredited registrar of TWNIC for the first time, or re-submitting an application after terminating the Registrar Accreditation Agreement with TWNIC, shall pay the application fee upon submitting the application. 2. The registrar shall pay the guaranty deposit and annual accreditation fee

3 (software maintenance & technical service fee) upon signing of the Agreement, and shall pay the registration fees or maintenance fees to TWNIC calculated according to the number of domain names registered through such registrar pursuant to the Agreement. TWNIC shall have the right to enact fee collection policies applicable to be applied to the registrars separately according to their substance conditions. 3. The registrar shall collect the domain name registration fees (new registrants only) and maintenance fees from registrants according to the fee schedules as announced by TWNIC. The registrar may apply fee schedules with a lower rate than that announced by TWNIC. 4. No refunds shall be allowed of the fees as provided in Paragraphs 1 and 2 of this Article 6 after such fees are collected; provided, however, that such fees may be refunded in proportion without any interest to registrars according to Paragraph 1 of Article 8. Article 7, Term and Termination of Accreditation 1. The effective term of the Agreement shall be three (3) years from the Agreement signing date. The Agreement may be renewed with the consent of TWNIC three (3) months prior to its expiration. No renewal shall be allowed for a term longer than three (3) years each time. 2. During the effective term of the accreditation, if the registrar commits a material breach of the Agreement and fails to correct such breach before a deadline specified by TWNIC, TWNIC shall have the right to terminate the accreditation. The registrar shall recover TWNIC for its damages so caused. Article 8, Interruption of Services 1. In case TWNIC decides to terminate its services in the administration of domain name registrations for certain reasons, it shall notify all registrars at least six (6) months before such termination and shall take all means provided in the Taiwan Network Information Center Guidelines for Domain Name Registration. In no case shall TWNIC be responsible to registrars and their registrants except for those responsibilities as provided in said Guidelines. 2. In case the registrar terminates its service in the domain name registration under the consent of TWNIC, or its accreditation is terminated by TWNIC, the registrar shall, in accordance with TWNIC instruction, return to TWNIC, deliver to a third party or allow TWNIC to take over all registration information of its registrants. If the registrar fails to comply with TWNIC instruction, TWNIC shall have the right to process at its own option and shall have the right to recover any damage so

4 caused from the registrar. 3. The preceding Paragraph 2 shall apply mutates mutandis to the situation where the services of the registrar is interrupted for fourteen (14) days without a reasonable cause. Article 9, Amendments These Guidelines shall be effective after they are passed by the Domain Name Committee of TWNIC and announced by TWNIC. Same rule shall apply to their amendments. Attachment: Qualification of Domain Name Registrars and Documents Required for Application Candidates of domain name registrars shall fulfill the following requirements: 1. A registrar shall be a company duly incorporated under the competent laws and having a paid-in capital of at least New Taiwan Dollars 2,000,000, or a juristic person or institute such as association of enterprises, association of common interests, academic association etc., duly established under the competent laws and with a business related to Internet services, or Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrars. 2. If a candidate is an incorporated juristic person, its director, auditor, manager or shareholder with least 5% of issued shares shall not commit any of Items 1 to 5 of Article 30, the Company Law of Taiwan, the Republic of China. 3. Technical capabilities A registrar shall provide registrants a 24-hour, stable and real-time registration service system. Such system shall include a server, a software platform (including operation system, database and necessary related application software), a networking system, broadband and other equipments as TWNIC deems necessary. 4. Security measures A registrar shall provide a security system to ensure that data of registrants shall not be stolen, misappropriated, disclosed, damaged, changed or otherwise hazarded. Such system shall include a substantial security measurements such as access control, fire-fighting and security systems, and information security hardware and software system, such as firewall, backup power and related systems. A registrar shall take all necessary measures to ensure its protection, collection and use of personal information relating to Domain Name

5 registration data have complied with all requirements under the Personal Information Protection Act of Taiwan. 5. Human resources A registrar shall maintain a proper number of technicians to conduct 24-hour, whole day monitoring of domain name registrations and correct and enhance system software from time to time in compliance with the requirements of TWNIC. A registrar shall maintain a sufficient number of service staffs to provide 24-hour, whole day services in helping registrants to solve all kinds of problems. If necessary TWNIC shall have the right to request the registrar to modify its service system, such that service quality may be ensured. A registrar shall hire marketing and public relations staff to conduct promotions of domain name registrations in cooperation with TWNIC. During application, the following relevant documents shall be submitted, and the method of mail, express mail, delivery in person or shall be used for submission to TWNIC. After receiving applications, TWNIC then performs review and informs applicants about the results. 1. Proof documents: (1) For a company registered under the laws of R.O.C., a photocopy of each of the following qualification proof documents shall be submitted along with the stamp of the company seal and owner seal thereon: (Company Limited by Shares) Limited Liability Company Registration/Change Form. Paid-in capital proof. Latest two sessions (four months) of the profit-seeking enterprise s income tax returns and tax payment receipt photocopies. (2) For a juristic person or institute such as an association of enterprises, association of common interests, academic association etc., duly established under the competent laws and with a business related to Internet services, a photocopy of the juristic person s registration certificate shall be submitted along with the stamp of unit seal and responsible person seal. (3) For a company, institution or juristic person established outside the territory of R.O.C., relevant qualification proof documents according to the laws of the local country shall be submitted. (4) For Internet Corporation for Assigned Names and Numbers (ICANN) accredited registrars, relevant proof documents approved by ICANN shall

6 be submitted. 2. Application Form and Proposal: Please refer to description of attachments. 3. Payment for one-time application fee of NT$ 20,000 made in cash (remittance), demand bank promissory note issued by a bank or demand bank cashier s check (title designated to Taiwan Network Information Center ), or via other methods approved by TWNIC.