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AGN-DNS EARTH/USA Registry Terms and Conditions FIRST DRAFT
- Date: Mon, 25 Nov 96 7:48:59 EST
- From: jp@PalmerOwns.The.Earth (John Palmer)
- Subject: AGN-DNS EARTH/USA Registry Terms and Conditions FIRST DRAFT
Ok, here is the first draft of the terms and conditions for
our registry. I am interested in intelligent feedback and am
more than willing to make changes if they are needed. We at
AGN-DNS would like to be a service to the world internet
community and realize that to do so, we need the input of that
community.
I would particularily like to hear from members of the IAHC.
They were chosen to be on the committee because of their
expertise on internet issues.
Here it is.
John Palmer
BEGIN draft1.txt
1
American Global Network Domain Name Services, Inc
Top Level Internet Domains USA and EARTH
Terms and Conditions
(Rev 0.1 - 11/21/1996)
[1]. INTRODUCTION
American Global Network Domain Name Services Inc (AGN-DNS) is
responsible for registration of domains under the USA and EARTH
international Top-Level domains (iTLD's). AGN-DNS can be reached
in the following way
American Global Network - Domain Name Services, Inc.
31511 Harper Ave.
St. Clair Shores, MI
USA
48082
Tel. +1 810 790 9522 (In USA toll free: 800-456-0094)
Fax. +1 810 790 0156
E-Mail: dns@AGN.NET
Web Page: http://www.agn.net
AGN-DNS's parent company has been providing internet services to
the world community since November of 1991. Some of the services
offered are internet PPP and ISDN accounts. AGN-DNS also provides
name service for many city-zones under the US top level domain as
well as name service for domains under other iTLD's.
[2]. THE USA AND EARTH TREES
Appendix A and B show the hierarchy of the USA and EARTH zone
tree. These iTLD's were designed to provide both freeform and
geograpical domains. In the USA iTLD, domains can exist within a
state or state/city hierarchy (ie: DOMAIN.Nevada.USA or
DOMAIN.Cleveland.Ohio.USA) or freeform (such as DOMAIN.USA).
States can be specified with either the two letter codes used by
the US Postal Service (ie: NV, MI) or the entire name of the
state, with the blanks removed (WestVirginia, Florida). In
addition to this, four specialized domains (GOV, COM, ORG and
EDU) are present for those who wish a domain which identifies
their organization type.
In the EARTH iTLD, a similar hierarchy exists. Freeform domains
of the form DOMAIN.EARTH are allowed (ie: MYDOMAIN.EARTH) as well
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as domains under a particular nation name (ie: JEAN-
LUC.FRANCE.EARTH). Within the nation domains are also city
domains within which domains can be registered (ie:
PIERRE.PARIS.FRANCE.EARTH). Nation names are the names printed in
common world atlases such as the Rand-McNally atlas. In addtion
to this, nicknames for nations as well as the English-alphabet
alliteration of native names for a nation are also included.
Examples of nicknames would be ENGLAND and GREAT BRITAIN as a
nickname for the UNITEDKINDOM, HOLLAND for NETHERLANDS and
AMERICA for UNITEDSTATES. An example of a native name for a
nation would be ITALIA for ITALY and DEUTSCHLAND for GERMANY.
Words like "The" and "Republic" are eliminated and all blanks are
removed.
Within each nation, there are sub-domains for each city. The city
name is the name taken from an atlas such as Rand-McNally. All
blanks are removed. Finally, each nation will have the domains
GOV, COM, ORG and EDU in the same fashion as the USA iTLD has.
[3]. CONTROL OF INTERMEDIATE ZONES WITHIN THE USA/EARTH TREES
AGN-DNS retains ownership and control of all intermediate zones
between the iTLD and the customer's zone (domain). Intermediate
zones are indicated in the charts in Appendix A and B as
rectangles. AGN-DNS may subcontract name service for these zones
to third parties. End users may not obtain any of these
intermediate zones and they remain the property of AGN-DNS. These
zones are as follows: In the USA iTLD: All two-letter state
names, all full state names, All city domains under both the 2-
letter and full state name domains, the GOV domain under each of
the two-letter and full state name zones, the zones "GOV.USA,
COM.USA, ORG.USA and EDU.USA". In the EARTH iTLD: Each of the
nation zones (including nick names and english-alliterated native
nation names), all of the city name zones under each nation and
the "GOV", "COM", "ORG" and "EDU" zones under each nation zone.
[4]. REQUIREMENTS TO REGISTER IN A CERTAIN CATEGORY
AGN-DNS does not impose any restrictions as to who can register
in either of the EARTH or USA iTLD's or any any particular
subzone therein, with the following exception: We require
documentation for registration under any GOV subzone. These are:
GOV.USA (for the United States federal government), any GOV zone
under a state (2-letter or full name) and any GOV zone under any
nation zone in the EARTH iTLD. In order to register under one of
these zones, an applicant will have to fill out a special form
(available on our web site) and submit it by ground mail (as
opposed to e-mail) along with a letter of authorization, ON
GOVERNMENT LETTERHEAD from the government in that nation (or sub-
jurisdiction therein). In the case of GOV.USA, the letter must
come from a branch of the US government.
3
AGN-DNS will not impose any requirements that applicants actually
be located in the geographical region in which they are
registering a domain. We would like to extend as much freedom as
possible, however, we STRONGLY advise people not to register in a
geographic subdomain unless they are actually in that area. We
realize that there are situations when this is not possible (ie:
multiple offices, temporary locations, etc) and so will not
impose any such restrictions.
[5]. METHODS OF APPLICATION
AGN-DNS will accept applications for domain names under USA and
EARTH by E-MAIL, FAX or postal mail. Applications MUST be on
approved templates (available on the web site). In addition,
applicants can sumbit requests via the World Wide Web. The web
method is the preferred method as much error checking can be done
and application processing time is reduced. AGN-DNS will try to
process applications within 2 calendar days, but is making no
promises as to length of time needed to process applications.
[6]. FIRST COME/FIRST SERVE
Applications are accepted on a first come - first serve basis.
All web-based applications are assigned a ticket number which
contains the date and the sequence in which they were received
that day. All other applications are considered received in the
following order: Email, fax and postal mail. The date and time
stamp on the fax and e-mail applications determine the order
within these categories. Postal mail applications are stamped
with a date and sequence number based on the date and order in
which they were opened that day. To summarize, applications are
ordered based on date and within that date in this order: web-
based applications, e-mail, fax and finally postal mail. This
ordering is used when more than one application for a particular
domain is received. Any e-mail, fax or postal mail application
not sumbitted on the proper template will automatically be
rejected and discarded. Any applications which contain omissions
or errors will be rejected and returned to the sender.
[7]. NAME SERVERS
Applicants must provide 2 (two) name servers for each domain
requested. Before AGN-DNS will create the domains, these name
servers MUST be configured and must contain valid Start of
Authority (SOA) records for the domain. If AGN-DNS, while
processing an application, is not able to obtain a SOA record
4
from each of the two specified name servers, either because they
do not exist or are inacessible to AGN-DNS or any other part of
the internet, AGN-DNS will notify the applicant and place the
domain application on hold, during which time the domain is still
reserved for the applicant. If after 30 days, the applicant has
not responded and has not corrected the SOA problem, AGN-DNS will
delete the application and release it for assignment to others.
Applicants whose applications are rejected for this reason may
NOT re-apply for the same domain again unless the name servers
are properly configured AT THE TIME OF APPLICATION. Any such
application not meeting this requirement will be rejected. AGN-
DNS can provide name service for any USA/EARTH domain at an
additional charge. The web page and the application templates
provide this option. Upon creation of a domain, the applicant
will be notified by e-mail. All new domains will become visible
in the WHOIS datatbase immediatly upon creation and in the DNS
zone files each night. AGN-DNS reloads its name servers at least
once a day, but our secondary servers may not update as often.
[8]. CHANGES TO DOMAIN INFORMATION
AGN-DNS will provide a mechanism for domain holders to modify
their domain name information (contact name, address, phone
number, email address, name server specifications) and for domain
holders to request deletion of a domain name. Information on
modification methods will be published on the web page. AGN-DNS,
upon receiving a modification request, will notify by e-mail, the
current contact person for said domain and request verification
that the modification is authorized. If no response is received
within SEVEN days, or a negative response is received, the
request will be rejected and returned to the sender. Written
requests will be honored without verification if they are on
company letterhead. AGN-DNS may, in this case, contact the
authorized party by phone or fax to further verify the request.
Eventually, a secure automated modification scheme will be
implemented to streamline updates.
[9]. BILLING
AGN-DNS charges both a one-time setup fee and an annual registry
fee for registering and maintaining domains under the USA and
EARTH iTLD (or any sub-zone controlled and owned by AGN - see
paragraph 3). Upon creation of a domain, AGN-DNS will send an
invoice by e-mail to the contact person as specified in the
application. This invoice is due 30 days from the date on the
invoice (the date the domain is created). If the invoice is not
5
paid by the due date, the domain will be deleted and released for
assignment to others. When this is done, applicant will be
notified of this fact by e-mail. There are no other "grace
periods". If customer, on the application has requested AGN-DNS
provide name service for the domain in question, the invoice will
also contain charges for name service fees. For current registry
and DNS fee schedules, see the web page. AGN-DNS reserves the
right to reject applications from any party without prepayment
for those parties who have previously failed to pay registry or
DNS fees.
[10]. ANNUAL BILLING
Holders of domains under the USA and EARTH iTLD's will receive an
invoice at least 30 days before the anniversary of the creation
of their domain. (The anniversary date, or domain creation date
will be included in the e-mail sent to the applicant to confirm
creation of the domain and is also available in the WHOIS
database). The invoice is due ON THE ANNIVERSARY date. Customer
will be billed for both the annual registration fee as well as
the DNS fee (if AGN-DNS is providing name service). The annual
fee for both items will be based on the fee structure currently
in place ON THE DATE OF THE INVOICE. If the fee(s) is/are not
paid by the due date, the domain will be deleted without further
notice. Again - there are no "grace periods". Domain name holders
should watch their anniversary dates carefully.
[11]. TRADEMARK DISPUTES
AGN-DNS will not involve itself in determining if applicant is or
is not infringing on another party's intellectual property rights
by applying for a certain domain. Selection of domain names is
strictly up to the applicant. Applicant agrees to reimburse AGN-
DNS, its officers, subcontractors and employees for any legal
expenses or judgements against same arising out of action taken
against any of the aforementioned parties due to a trademark or
intellectual property dispute regarding a domain name for which
applicant has applied. AGN-DNS will not take any side in such a
dispute and will abide by any court order issued by a court of
competent jurisdiction in the United States, without being named
as a party in a suit. AGN-DNS will take NO ACTION against the
holder of a USA or EARTH domain (such as deletion or suspension
of a domain name) without the domain holder's permission unless a
court order is received. The only time that AGN-DNS will enter
into a determination of trademark infringement is if, during the
review of an application, it sees an obvious and blatant attempt
to use a readily recognized trademark by a party obviously not
entitled to use that trademark. (Such as someone trying to
register a domain such as coke.usa). In the case where an obvious
violtion is suspected, AGN-DNS may require that the applicant
submit proof that this usage is allowed (such as a letter from
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the trademark holder on company letterhead).
[12]. CHANGES/AMENDMENTS
This agreement can be amended at any time by AGN-DNS by posting
the amendments to the web page 30 days before amendments take
effect. Pricing changes are effective immediatly and take effect
for all applications received on or after the date that they are
posted to the web page. For registration and DNS renewals,
pricing is based on the rate schedule in effect on that date of
the renewal invoice.
[13]. NON-WAIVER
The failure of either party to require performance by the other
party of any provision in these Terms and Conditions shall not
affect the full right to require such performance at any time
thereafter; nor shall the waiver by either party of a breach of
any provision hereof be taken or held to be a waiver of the
provision itself.
[14]. INVALIDITY
In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be
so held by applicable court decision, such unenforceability or
invalidity shall not render these Terms and Conditions
unenforceable as a whole.
[15]. ENTIRETY
These Terms and Conditions, as amended constitute the full and
complete agreement of the parties regarding domain names
registered under the USA and EARTH iTLDs. These Terms and
Conditions supersede all prior proposals, agreements or other
communications between the parties. Applicant agrees that by
applying for a domain name under the EARTH or USA iTLD, that
applicant is agreeing to be bound by this policy as amended from
time to time.
END draft1.txt