Registration Services Agreement (RSA) FAQs
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ARIN provides the FAQs and answers below to enhance the Internet community’s understanding of Registration Services Agreement (RSA) Version 13.0 and the Legacy Registration Services Agreement (LRSA) Version 5.0. The FAQs do not alter or otherwise modify any terms of any RSA. For information focused specifically on the Legacy Registration Services Agreement, please see the section below.
What is different about RSA Version 13.0/ LRSA Version 5.0?
This updated RSA 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.”
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 standard 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 or LRSA. 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.
Legacy Resource FAQ
What is a legacy number resource?
A legacy number resource is an IPv4 address or Autonomous System Number (ASN) that was originally issued to the current registrant by an Internet Registry (InterNIC or its predecessors) prior to the inception of ARIN on 22 December 1997.
Please note: if a legacy resource is transferred and subsequently covered under a standard Registration Services Agreement (“RSA”), it will no longer be considered a legacy resource and will be ineligible to be covered under a Legacy Registration Services Agreement (“LRSA”).
How do I know if my company’s legacy number resources are already covered under an LRSA or not?
Typically, any legacy number resources that are covered under an LRSA will be associated with an organization record (Organization ID or Org ID) ending in a “-Z”. If you have any questions regarding your legacy resources, please contact ARIN’s Registration Services Department. You may contact the Registration Services Help Desk at +1.703.227.0660 or by submitting an Ask ARIN ticket via your ARIN Online account.
What services does ARIN provide to organizations with only legacy resources and no service agreement? What additional services are available if an organization enters into a service agreement with ARIN?
Organizations with legacy resources and no service agreement are still able to both maintain their unique registration information in ARIN’s Whois/RDAP, as well as update and manage this information. However, there are certain circumstances in which a legacy resource holder may be required to sign an ARIN RSA/LRSA. For full details, including transfer requirements, please see the Services Available to Organizations Holding Legacy Resources page.
My company has legacy IPv4 number resources and wants to apply for IPv6 number resources – will I have to sign an RSA to receive an address block from ARIN?
Yes. Once an organization is approved for any resources directly from ARIN, it must sign a standard RSA before those resources can be issued. In this case, the RSA would only cover your IPv6 number resources and not your legacy number resources unless you specifically ask to have them included.
If a registrant with a recent version of the RSA (version 12 or version 13) wishes to bring uncontracted legacy resources under it while maintaining legacy status, an addendum can be provided that will allow extension of the RSA accordingly. Note that under current practice, that will result in a separate organization ID for administration of the legacy resources with its own invoice and separate anniversary date. Fees for standard direct resources would remain the same; legacy resources will be invoiced separately in accordance with the fee schedule.
My organization has legacy number resources but has no plans to sign the LRSA. Will ARIN continue to maintain our records, and can we still make database changes to our records if we need to? Will we ever be charged a fee?
Per direction of the ARIN Board of Trustees, ARIN currently provides basic registry services (including maintaining the records and allowing resource holders to update records) to legacy resource holders without contract or fee. However, there is no guarantee that this framework will not change in the future as a result of community-developed policy and/or fees associated with services changing.
For more specific information about services available to legacy resource holders, visit the Legacy Resource Services page.
Will updating my organization record and signing the LRSA require me to return any legacy number resources that are not currently being utilized or are underutilized?
No, an organization with legacy resources signing the LRSA does not obligate the organization to return unutilized and/or underutilized legacy number resources to ARIN. The LRSA explicitly states that ARIN will not reclaim unutilized number resources from those who sign the LRSA. Organizations may voluntarily choose to return unutilized legacy number resources to ARIN at any time.
Can ARIN take away the legacy number resources my organization currently holds if I don’t sign the LRSA?
ARIN has no plans or intention to “take away” rights to legacy resources from those who have not signed an LRSA/RSA. However, signing the LRSA contractually locks in a set of rights that each organization should carefully consider.
I have legacy number resources registered in my own name and want to sign the LRSA. Can I sign the LRSA in my own name and not a company name, and if so, how do I proceed with this?
Yes, if your legacy number resources are currently registered in ARIN’s Whois/RDAP service in your name, then you can sign the LRSA in your name. The procedure for signing the LRSA begins with the completion of a legacy application which can be found on the Legacy Registration Services Agreement page. Once ARIN staff has verified the information you have supplied, they will send you a PDF copy of the LRSA and instructions on how to complete the LRSA.
I represent a sovereign nation’s governmental agency within the ARIN region and have questions about covering legacy resources under the LRSA. What do I do first?
Given that governmental agencies of sovereign nations may have unique legal limits that impact signing an LRSA, we suggest that you first contact ARIN’s Registration Services Department to discuss your circumstance. In some cases, you might then be referred to ARIN’s legal counsel. You may contact the Registration Services Help Desk at +1.703.227.0660 or by submitting an Ask ARIN ticket via your ARIN Online account. For more information, visit the Legacy Registration Services Agreement page.
I represent a sovereign state or provisional government entity within the ARIN region. Because of that status, I cannot agree to the LRSA provisions concerning indemnification, bankruptcy, governing law, and/or binding arbitration. How does ARIN handle this situation?
ARIN is willing to accommodate governmental entities with appropriate revisions when governmental authorities provide specific statutory references that support their concerns. For example, regarding 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 reflect how the governing law of that state applies or 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 organization has legacy resources but does not currently have a service agreement. If my organization were to enter into a service agreement, how would the fees we pay be used?
As outlined in the ARIN Fee Schedule page, the fees charged by ARIN are intended to provide for equitable recovery of ARIN’s organizational costs. As a nonprofit, ARIN’s revenues primarily go toward operations and development of the registry so that it can fulfill its essential role in the global Internet infrastructure in a stable and reliable manner. ARIN’s annual budget, including budgets for previous years, is available on the Strategic Planning & Budgeting page. The budget includes categories for personnel, operations, general office/administration, and Internet support. In addition, independently audited financial reports are made publicly available as part of our Annual Reports.
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