Note: This document provides a summary of registrar requirements related to the Specification on Privacy and Proxy Registrations included in the 2013 Registrar Accreditation Agreement. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policies. Please refer to the full text of the agreements, specifications and policies to review and understand the requirements for registrars.
Full Policy at: https://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#privacy-proxy
Definitions:
- Privacy Service – A Registered Name is registered to its beneficial user as the RNH, but for which alternative, reliable contact information is provided by the P/P Provider for display of the RNH's contact information in the WHOIS services.
- Proxy Service – Through which a RNH licenses use of a Registered Name to the P/P Customer in order to provide the P/P Customer use of the domain name, and the RNH's contact information is displayed in WHOIS rather than the P/P Customer's contact information.
Registrar’s Responsibility:
For any P/P Service offered by the Registrar or its Affiliates, including distributed through Resellers, and used for domain names that this registrar sponsors, the Registrar and its Affiliates must require all P/P Providers to follow the below requirements:
- 2.1 Disclosure of Service Terms. P/P Provider shall publish the terms and conditions of its service (including pricing), on its website and/or Registrar's website.
- 2.2 Abuse/Infringement Point of Contact. P/P Provider shall publish a point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights).
- 2.3 Disclosure of Identity of P/P Provider. P/P Provider shall publish its business contact information on its website and/or Registrar's website.
- 2.4 Terms of service and description of procedures. The P/P Provider shall publish on its website and/or Registrar's website a copy of the P/P Provider service agreement and description of P/P Provider's procedures for handling the following:
- 2.4.1 & 2.4.2 The process or facilities to report infringement of trademarks or other rights of third parties, and abuse of a domain name registration managed by the P/P Provider;
- 2.4.3 The circumstances under which the P/P Provider will relay communications from third parties to the P/P Customer;
- 2.4.4 The circumstances under which the P/P Provider will terminate service to the P/P Customer;
- 2.4.5 The circumstances under which the P/P Provider will reveal and/or publish in the Registration Data Service (WHOIS) or equivalent service the P/P Customer's identity and/or contact data; and
- 2.4.6 A description of the support services offered by P/P Providers to P/P Customers, and how to access these services.
Data Escrow Requirements
- Registrar shall include P/P Customer TRUE contact information in its Data Escrow deposit using additional fields in the CSV file. (4.1.5 RDE Specification - https://www.icann.org/en/system/files/files/rde-specs-09nov07-en.pdf)
- Names
- Addresses
- Telephone/fax numbers
- Email addresses
- 2.5 The escrowed P/P Customer Information may only be accessed by ICANN in the event of the termination of the Agreement or in the event Registrar ceases business operations.
Exemptions
Registrar is exempted to do the aforementioned requirements if it can be shown that:
- 3.1 Registered Name Holder employed the services of a P/P Provider that is not provided by Registrar, or any of its Affiliates;
- 3.2 Registered Name Holder licensed a Registered Name to another party (i.e., is acting as a Proxy Service) without Registrar's knowledge; or
- 3.3 Registered Name Holder has used P/P Provider contact data without subscribing to the service or accepting the P/P Provider terms and conditions.