Registration Services Agreement (RSA) FAQ
ARIN provides the FAQs and answers below to enhance the Internet community's understanding of RSA 11.0. The FAQs do not alter or otherwise modify any terms of RSA 11.0.
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 does not terminate an agreement for an innocent or trivial mistake; however, if ARIN determines that an application contains significant or material misrepresentations in ARIN's view, whether submitted during the application process or later, ARIN will use this provision to terminate the agreement, and if resources have been granted, revoke them. This provision protects the whole community from fraudulent applications. If ARIN believes a misrepresentation is intentional, it will always respond by terminating the agreement.
If I suspect that a Holder is using its number resources for illegal purposes, such as phishing or spamming, should I contact law enforcement and/or ARIN pursuant?
Yes, if you suspect illegal activity is occurring, ARIN suggests you contact the appropriate state, federal, or provincial law enforcement agencies. ARIN is not a law enforcement organization with the resources or authority to investigate such violations of law. Section 2(e) provides ARIN the authority to follow national, state, judicial, or other government decisions concerning the alleged illegal conduct.. ARIN will cooperate with national, state, or other government inquiries that use appropriate methods to obtain information, including, but not limited to, the use of a subpoena or other formal process.
We also request that you report suspected Internet number resource fraud to ARIN, as provided in ARIN's Fraud Reporting Process.
Help us understand what the bankruptcy provision in the RSA means.
Section 10, the bankruptcy section, specifically provides specific references to the Bankruptcy Code for the convenience of reviewing lawyers. The intent of this provision is that in the event of a bankruptcy, it facilitates the continuance of the Services to a bankrupt estate, including the use of the included number resources for the Holder, and to preserves any rights to the unique number resources.
A bankrupt estate can transfer number resources as a result of liquidation or auction so long as the recipient can comply with NPRM 8.2 (if the number resources are part of selling the core business), or if the number resources are transferred separately under NPRM 8.3 so long as the recipient can demonstrate need for the resources. Recently, a bankrupt estate now has the option of transferring resources under NRPM 8.4 in accordance with the provisions of that policy. Bankruptcy transfers of number resources that occur without notice to ARIN or that preclude ARIN's procedures from being followed will not be automatically accepted by ARIN.
When legacy resources, not previously covered under either a RSA or LRSA, are being transferred in bankruptcy, ARIN staff and lawyers have the authority to permit bankruptcy recipients who cooperate with ARIN's procedures to enter into an LRSA.
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. To date, it has never been used, but remains available if needed by either party.
I represent a federal, state, or provincial government 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 government entities, and has a practice of modifying RSAs for such requirements. In order for any such modifications to be considered, governmental authorities must provide statutory or regulatory references to explain such limits and demonstrate the necessity for a modification in order to meet legal requirements. For example, when there has been an appropriate statutory or legal reference indicating 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 certain law apply to the agreement, we will revise the agreement to reflect that 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 requires a certification that amounts invoiced by ARIN are for registration services that have been fully completed and delivered. Will ARIN provide such a certification?
ARIN invoices are for pre-payments for services to be rendered in the upcoming year. In the case of renewals, invoices are generally sent approximately sixty (60) days in advance of the upcoming term. Therefore, ARIN cannot make such a certification; however, ARIN is willing to work with an organization to find a resolution to this issue.
My company signed a prior RSA version. Is it possible to have my allocated number resources covered under the most current RSA, thus receiving those rights and benefits?
Yes, you can have your allocated 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.
My company would like a Microsoft Word version of the RSA so that we can edit the document and propose revisions to the RSA. Will ARIN provide an editable version of the RSA?
ARIN does not provide a Word version of its standard RSA to customers. ARIN staff will gladly receive and review any requested modifications to the RSA from governmental entities, and when appropriate will make available a revised version of the RSA.
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 POC's and who can make changes to your account in the ARIN database. It is your responsibility to maintain this information and safeguard the access to your ARIN account; and ARIN requires indemnification from you if any Claim is made against ARIN due to unauthorized access as defined in Section 3. Absent demonstrated need as a governmental entity, changes to limit this provision to only reference individuals currently associated with your organization are not permitted. It is your responsibility to ensure individuals formerly but not currently associated with your organization (i.e. former employees) no longer have access to your ARIN account.
The RSA continues without change to provide ARIN with the authority to modify the agreement without prior consent, as described in section 1(d)(the same authority was in an unnumbered paragraph previously). What is ARIN's source for this authority, its need for the authority, and how does it impact me?
Virginia Code § 59.1-503.4 of the Uniform Computer Information Transactions Act provides Virginia corporations like ARIN with the authority to modify an agreement so long as the following occurs: (1) ARIN reasonably notifies the Holder of the change; and (2) ARIN permits the Holder to terminate the contract as to future performance if Holder determines the modification is unacceptable. ARIN has included this provision in all RSA versions since RSA 5.0, introduced in June 2004. However, ARIN has never used this authority, and will only use it under unusual circumstances, not all of which can be foreseen but which could include changes in law, case law decisions or other exigent circumstances.
Please note that RSA 11.0 also provides an additional means of notification, should ARIN use this provision. Section 1(d), as written in RSA 11.0, specifies that, in the case of a modification, ARIN will provide email notification to the Holder as defined in the RSA. This notification is in addition to the notification that ARIN will provide on its website. Moreover, Section 13(d) provides a Holder with the ability to terminate the agreement at any time with the return of Holder's number resources.
Because the Internet community has the ability to change policies, the authority in section 1 is consistent with the necessary ability of ARIN to respond to rapidly changing conditions.
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 will consider your proposed revisions for future RSA versions. Given that ARIN processes thousands of RSAs each year, it is unable to provide most requested revisions. Indeed, the RSA is based, in part, upon the feedback ARIN has received from Holders.