Registration Services Agreement (RSA) FAQs
ARIN provides the FAQs and answers below to enhance the Internet community’s understanding of Registration Services Agreement (RSA) Version 13.0. The FAQs do not alter or otherwise modify any terms of any RSA. For information focused specifically on Legacy Resources, please see our Legacy Resources page.
What is different about the current ARIN Registration Services Agreement?
This updated RSA (Version 13.0) changes one section of the RSA that has been the subject of notable community feedback over the years. The updated RSA removes significant representations from Section 7 and renames the section (previously titled “No Property Rights”) to “Acknowledged Rights To Included Number Resources.”
For clarity, this change to the RSA does not impact, nor does it alter, ARIN’s position that Internet Number Resources are not freely-held property. Internet Number Resources constitute a bundle of contractual rights that are created upon issuance of an Internet Number Resource from the registry to a registrant. The original “No Property Rights” section was created at a time when this clear statement was necessary. Since then, the RSA has undergone multiple updates, including the addition of the specified rights granted to a Holder as detailed in Section 2 of the RSA titled “Conditions of Service.”
The terms that specifically relate to legacy resources are still available to those parties who may wish to bring their legacy resources under agreement with ARIN, even though the Legacy Registration Services Agreement (LRSA) was retired on 31 December 2023. Any legacy resources brought under agreement after 1 January 2024 will be invoiced under the current Registration Service Plan fees.
What happened to the Legacy Registration Services Agreement (LRSA)?
In August 2022, the ARIN Board of Trustees voted to end the annual legacy maintenance fee cap, which has been offered since the introduction of the LRSA in 2007. The legacy maintenance fee cap was officially retired on 31 December 2023; all legacy resources brought under agreement after 1 January 2024 will sign the ARIN Registration Services Agreement, and those resources will be invoiced under the current Registration Service Plan fees.
Section 2 provides ARIN the ability to terminate the agreement if a Holder actively misrepresents information it provides to ARIN. Does that mean that ARIN can, and will, terminate my agreement if we make an innocent or trivial mistake in an application?
ARIN has never terminated an agreement for an innocent or trivial mistake. However, if ARIN determines that an application contains significant or material misrepresentations, whether submitted during the application process or later, ARIN may use this provision to terminate the agreement, and if Internet number resources have been issued, revoke those Internet number resources. This provision is intended to protect the whole community from fraudulent applications or answers. It is a seldom used power and subject to ARIN’s dispute resolution mechanism. To date, no such dispute has ever occurred.
Why is there a bankruptcy provision in the RSA?
Section 10, the bankruptcy section, provides specific references to the Bankruptcy Code for the convenience of reviewing lawyers. The intent of this provision is to clarify ARIN’s position and Holder’s obligations in the event of a bankruptcy.
Attempted transfers of Internet number resources registered to an organization in bankruptcy must comply with ARIN’s policy and procedures; and any attempt to transfer outside of ARIN’s policy and procedures will not be accepted by ARIN.
When legacy number resources, not previously covered under an RSA, are being transferred, ARIN will work with recipients to enter into an RSA as required by policy.
Why is there a mandatory arbitration procedure for dispute resolution outlined in section 14(k)?
ARIN believes that section 14(k) provides a fair, effective, and relatively low cost means of resolving any disputes.
I represent a federal, state, or provincial governmental entity. Therefore, I cannot agree to the RSA’s standard provisions concerning indemnification, bankruptcy, governing law, and/or binding arbitration. How does ARIN handle this situation?
ARIN accommodates the unique circumstance of federal, state, or provincial governmental entities, and has a practice of modifying RSAs for such requirements. In order for any such modifications to be considered, governmental entities must provide statutory or regulatory references to explain and demonstrate the necessity for a modification in order to meet legal requirements and allow the governmental entity to execute the RSA. For example, when there has been an appropriate statutory or legal reference stating that a governmental entity cannot provide indemnification under applicable law, ARIN has modified or deleted the indemnification provision in its entirety. In other instances, ARIN, when appropriate, has deleted the bankruptcy provision. As to the governing law provision, if you provide ARIN with a federal, state, or provincial statute requiring that another state’s law cannot apply to the agreement, we may revise the agreement to remain silent on choice of governing law. In addition, we can substitute a non-binding mediation provision for the binding arbitration, if required by law. ARIN’s attorneys can quickly respond to such issues.
My company signed a previous RSA version. Is it possible to have my previously issued Internet number resources covered under the most current RSA, thus receiving those rights and benefits?
Yes, you can have your registration of previously issued Internet number resources covered under the most current RSA version. Please contact us and we are happy to assist you with entering into a new RSA, but you are not required to do so.
My company would like a version of the RSA that we can edit and identify proposed revisions to the RSA. Will ARIN provide an editable version of the RSA?
ARIN does not provide a readily editable version of its RSA to customers and only provides the RSA in the PDF file format. ARIN staff will gladly receive and review any requested modifications to the RSA from governmental entities and will make available a revised version of the RSA when appropriate.
Under Section 3 (a) and (c) of the RSA, there is a reference to unauthorized access. Why is this provision in the agreement, and can the RSA be revised to only reference individuals currently associated with our organization (i.e. current employees, current agents, etc.)?
ARIN relies on the information provided by you regarding individuals authorized to act on behalf of your company as the Point of Contact (POC) and who can make changes to your account in the ARIN database. It is the account holder’s responsibility to maintain this information and safeguard the access to your ARIN account. ARIN requires indemnification from you if any Claim is made against ARIN due to unauthorized access as defined in Section 3. It is the account holder’s responsibility to ensure individuals formerly, but not currently, associated with your organization (i.e. former employees) no longer have access to your ARIN account.
My attorney reviewed the RSA and has suggested certain revisions; however, I noticed that the RSA specifically states that ARIN will not accept any alterations to the agreement. Will ARIN consider my proposed revisions?
ARIN does not negotiate individual changes in the RSA. This is done as a fairness issue to ensure all RSA holders have the same rights and responsibilities in each RSA version. ARIN will consider your proposed revisions only for future RSA versions. Given that ARIN processes thousands of RSAs each year, it is unable to provide most requested revisions with the exception of governmental entities. Indeed, the RSA is based, in part, upon the feedback ARIN has received from the community.
Agreements
- Registration Services Agreement (RSA) FAQs
Related
- Non-Disclosure
- Registration Services
- Registration Services Agreement (RSA) FAQ
- Legacy Resource Information
- Officer Attestation
- Statistics
- Quick Guide to Requesting Resources
- Intro to ARIN’s Database
- Number Resource Fraud Reporting
- IP Address Blocks ARIN Issues From
- ARIN Micro-allocations
- OriginAS Information