for the allocation and management of domain names in the ... · administrative operation on a domain name. A charter is supplemented by a set of documents (procedural guide…) or

Association Française pour le Nommage Internet en Coopération

French Network Information Centre – Registry for the Internet domain names.fr and .re

AFNIC - Immeuble International - 78181 Saint Quentin en Yvelines Cedex - France E-mail: [email protected] - Tel.: +33 1 39 30 83 00 - Fax: +33 1 39 30 83 01 - http://www.afnic.fr

AFNIC MEMBERSHIP AGREEMENT N°

for the allocation and management of domain names

in the French name space

Between: The Association Française pour le Nommage Internet en Coopération (AFNIC)

whose head office is located at the following address:

Immeuble International - 2, rue Stephenson Montigny-le-Bretonneux 78181 Saint-Quentin-en-Yvelines Cedex

An association under the law of 1st July 1901, registered with the prefecture of Yvelines and announced on 20 December 1997,

SIRET: 414 757 567 00022

APE CODE: 723Z

Intra-Community VAT code: FR 72 414 757 567

Represented by its chief executive,

hereafter referred to as the AFNIC

For new members: sections to be filled in

And:

Name of company: ..............................................................................................................................

Legal form: ..........................................................................................................................................

Head office address: ............................................................................................................................

.............................................................................................................................................................

SIRET/SIREN (French company registration numbers): (or, for companies registered abroad, the registration number from the country of origin)

NAF/APE (code describing company activity): .....................................................................................

Intra-Community VAT code:............................................................... (required for companies in the E.U.)

Tel.:..............................................

Represented by: .....................................................................................................................................

Position: ..........................................

E-mail. ............................................

hereafter referred to as “the Registrar”

Two copies printed:

THE REGISTRAR THE AFNIC Full name of representative: Full name of representative: WEILL Mathieu Date: Date: Signature : Signature:

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AFNIC membership form for Registrars

(valid from 1st January 2007)

I. I the undersigned, Mr(s) ……………………………………………………………. (full name of the duly approved signatory), ……………………………………………….…………. (position), acting on behalf of the company ……………………………………………………………………………….., being fully aware of all the rights and obligations set out in the present document and the documents to which it refers, including any information available on the AFNIC website, declare that I belong to the Association Française pour le Nommage Internet en Coopération (AFNIC), with the status of a Registrar (tick the appropriate box and complete with the date):

Option 1: annual membership 1450 euros excl. tax, or 1734.20 euros including VAT at 19.6% payable in full Option 2: annual membership 425 euros excl. tax, or 508.30 euros including VAT at 19.6% payable in full

II I choose the following payment method (tick the appropriate box (es)):

Direct debit (on the due date of the invoices):

an authorisation for the direct debit, duly completed and signed full details of the company’s bank, post office or savings account

Bank transfer to the AFNIC’s account:

Bank: CCM Val de Gally - Bank code: 10278 - Sort code: 06398 - Account number: 00080487241 - Key: 17

IBAN (International Bank Account Number): FR76 1027 8063 9800 0804 8724 117 Code BIC (Bank Identifier Code): CMCIFR2A Beneficiary customer: AFNIC

Immeuble International - 2, rue Stephenson Montigny-le-Bretonneux 78181 SAINT-QUENTIN-EN-YVELINES Cedex (France)

Credit card (on the due date of the invoices):

Visa Eurocard Mastercard

Bearer’s name: .........................................................................................

Number: — — — — — — — — — — — — — — — —

Expiry date: — — / 200_

Documents required by AFNIC (2 copies for countersignature in the case of new members): The membership agreement, duly signed, including:

the associated administrative documents, duly completed or modified if necessary, i.e.: the AFNIC membership form, the registrar’s contact details, the form containing information on the services offered by the registrar, in the case of payment by direct debit, an authorisation and a request for the direct debit as well

as full details of a bank, post office or savings account in the name of the company, the contract, the attached 2007 scale of prices.

A recent KBIS extract (or equivalent, for companies subject to foreign law) or, for associations, a copy of the announcement in the Official Journal,

Payments by foreign-based cheque will be subject to bank charges. The corresponding costs will be recovered at the end of the financial year (see art. 9.3.4).

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REGISTRAR CONTACT DETAILS On the date of signature of the present agreement, the contact details for the registrar are as follows: These details must be filled in legibly.

• Full name of the administrative contact: ............................................................................................

Address: ...........................................................................................................................................

..........................................................................................................................................................

E-mail:..............................................................................................................................................

Tel.: ..................................................................................................................................................

Fax:...................................................................................................................................................

• Full name of the financial contact: .....................................................................................................

Address: ...........................................................................................................................................

..........................................................................................................................................................

E-mail:..............................................................................................................................................

Tel.: ..................................................................................................................................................

Fax:...................................................................................................................................................

Intra-Community VAT number: ...................................................................................................... (required for non-French companies within the E.U.)

• Full name of the technical contact:.....................................................................................................

Address: ...........................................................................................................................................

..........................................................................................................................................................

E-mail:..............................................................................................................................................

Tel.: ..................................................................................................................................................

Fax:...................................................................................................................................................

• Details of the department who will liaise with the AFNIC on the domain registration process (on-line form,

tickets etc.):........................................................................................................................................

E-mail:..............................................................................................................................................

Tel.: ..................................................................................................................................................

Fax:...................................................................................................................................................

In order that the registrar can receive confirmation of its membership by electronic mail, the e-mail addresses given above must be valid when the signed agreement is sent to the AFNIC. Any change in the above details must be notified by the Registrar via e-mail to [email protected] or via the website of the AFNIC / Private Area / My account / Managing my account (the registrar gets a confirmation by e-mail when the change requested is effective).

mailto:[email protected]

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INFORMATION ON THE SERVICES OFFERED BY THE REGISTRAR Registrars that are members of the AFNIC have the option of being listed free of charge on the AFNIC website with details of services they offered (tick the appropriate box(es)):

I would like to be included in the public list of AFNIC Registrars. I accept that all data supplied hereinafter will be displayed on AFNIC’s public website.

• Contact details (required - cf article 6.2, paragraph 5):

Address: ...........................................................................................................................................

...........................................................................................................................................

Tel.: ...........................................................................................................

Fax:............................................................................................................ E-mail:....................................................................................................... Website: ....................................................................................................

• Services offered (required):

Domain name registration only without associated service Hosting Network operation Website authoring Packaging offer Services for professionals Services for private individuals

I do not wish to be included in the public list of AFNIC registrars.

NB:

The AFNIC must be informed of any changes or modifications to the present information.

Information entered, particularly ticked in the services section, must correspond to services actually provided by the Registrar.

Not providing one of the services identified may be considered by the AFNIC is a breach by the Registrar of its contractual obligations.

*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*

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DIRECT DEBIT AUTHORISATION (Include both sections, fully completed, without separating them)

Paying company (Registrar):

.......................................…………. Name of the authorised signatory:

...............................................…….. Address:

.................................................……

.................................................……

…………………………………….

Company’s bank details:

- Bank:........................................…

- Branch (full address required)

.........................……………………..

........................................................…

........................................................…

- Account number:......................….. Please debit my account with the amount given on the debit instructions that will be produced in my name by the creditor indicated below, with no other notice and on condition that the necessary documents are provided. I understand that in the event of a dispute about a debit, the responsibility of resolving the disagreement with the creditor will be mine. You are under no obligation to notify me that the said operations have been carried out, other than in the statements you send me, nor have you any obligation to notify me in the event that they cannot be carried out.

Signed in ................................, on ...................................

Signature Creditor: AFNIC Immeuble International - 2, rue Stephenson Montigny-le-Bretonneux 78181 Saint-Quentin-en-Yvelines Cedex

National direct debit number: 434631

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CONTRACT 1. PREAMBLE 1. The AFNIC is an association governed by the provisions of the law of 1st July 1901, whose function is to ensure the development of the Internet in France. 2. The AFNIC is responsible for the following tasks:

- Drawing up the naming plan;

- Implementing Internet naming in accordance with French law and providing related information;

- Operating name servers for Internet access;

- Sharing the knowledge and skills acquired in the field of naming, both nationally and internationally;

- Any task entrusted to it by the authorities relating to the management of the Internet.

3. The Registrar, as a Member of the association, wishes to be able to offer its Customers a set of services relating to the naming zones organised by the AFNIC. 4. The Registrar declares that it is well aware of the AFNIC’s statutes, internal regulations and Naming Charter(s) applicable to the naming zones organised by the AFNIC and their appendices, and that it will abide by them without reservation, given that the AFNIC has provided the Registrar with any requested supplementary information before this commitment is made. 5. The Registrar declares that it possesses the necessary knowledge, experience, skills, and technical and human resources to satisfy the requests of its Customers, particularly with regard to the terms of the applicable Naming Charters. 2. DEFINITIONS 1. For the present contract, the following terms are defined as follows:

- “Administrative operation”: any administrative or technical operation relating to a domain name controlled by the Registrar, including but not limited to: Creation, Modification, Transmission, Change of registrar, Removal, etc. of a domain name.

- “Registrar”: a technical service provider that has signed a membership agreement with the AFNIC,

in charge of processing the requests of its Clients (the requesting bodies) relating to domain name administration.

- “Naming Charter”: document defining the technical and administrative rules governing an

administrative operation on a domain name. A charter is supplemented by a set of documents (procedural guide…) or other information available on-line on the AFNIC website or directly from the AFNIC on request.

- “Customer”: any natural or legal entity requesting an administrative operation on a domain name

via a Registrar. - “Associated administrative documents”: the administrative documents relating to each Registrar

that completes the present contract.

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- “Maintenance Fees”: fees payable annually for the domain name to be maintained in existence.

- “Internal regulations”: a document concerned with the functioning of the AFNIC, which supplements the statutes of the AFNIC.

- “Statutes of the AFNIC”: statutes of the Association Française pour le Nommage Internet en

Coopération, in accordance with the provisions of the law of 1st July 1901. 3. OBJECT 1. The present contract:

- constitutes the rules according to which the Registrar acquires the status of membership of the AFNIC, as described in the statutes of the AFNIC, and chooses one membership option out of the two available, as detailed on the site : « http://www.afnic.fr/afnic/adhesion/prestataire/avantages_en »

- describes the conditions under which the Registrar may proceed with administrative operations on

domain names, in the naming zone organised by the AFNIC, on behalf of its Customers,

4. CONTRACTUAL DOCUMENTS 1. The contractual documents between the AFNIC and the Registrar are the following, in order of priority:

- the present contract; - the appendix, “Scale of prices”; - the associated administrative documents ; - the good practice guide and/or ethics charter or any other document of the same nature adopted, if

applicable, by the AFNIC. 2. Taken together, these documents constitute the “Membership agreement”, as described in the AFNIC’s internal regulations. 3. In the event that documents of differing natures and priorities contradict each other, the provisions given in the document of higher priority are to take precedence. 4. Any change in any of the associated administrative documents must be communicated to the AFNIC without delay by the Registrar by e-mail to [email protected] or by any other mean at the Registrar’s convenience. 5. FIRST VALIDITY - DURATION - RENEWAL 1. The present contract becomes valid at the date the payment is collected by the AFNIC for the membership fees due by the Registrar in accordance with the present contract. 2. For the first year, the present contract is valid for a period ending on 31 December of the current calendar year. 3. Following this, the contract is renewed by tacit agreement for an annual period taking effect on 1 January and ending on 31 December each year. 4. The Registrar may notify the AFNIC by registered letter with proof of receipt that it does not wish to renew its commitment and membership, provided that a notice period of 30 days before the end of the current contractual period is respected, and in accordance with the article “Ending the contractual relationship”.

mailto:[email protected]

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6. NATURE AND EXTENT OF THE SERVICES 6.1. OBLIGATIONS OF THE AFNIC 1. The AFNIC is responsible for the services mentioned below:

♦ Authority to assign and manage domain names: Defining the non-discriminatory rule(s) made public and which ensure the applicant’s

adherence to intellectual property right laws [otherwise referred to as “Naming Charters”] relating to the naming zones within the authority of the AFNIC,

Monitoring adherence to the charter(s) and to procedural guides, Monitoring the zones installed, Monitoring the integrity of the Whois FRNIC database, Defining the good practice guide, ethics charter and any other document of the same

nature supplied to the Registrars.

♦ Operating the DNS service for the French name space: Monitoring the functioning of name servers, Developing tools to automate the operation, Managing information servers.

♦ National and international co-ordination.

2. These services -not exhaustive- are described in detail on the AFNIC website (http://www.afnic.fr). 3. No technical and/or administrative modification with a direct impact for the Registrar may be made without it being informed by any means available of this change at least three months before its implementation given that the implementation may only take place within two months following the availability of the specifications. The application of these provisions may be waived nevertheless for certain exceptional urgent and justifiable modifications. 6.2. OBLIGATIONS OF THE REGISTRAR 1. The Registrar shall allocate one or several persons with the skills necessary and knowledge of both the technical environment and the expectations of customers for the performance of the present. 2. The Registrar will supply a continuous DNS service, 24 hours a day, 7 days a week. For every domain name, at least two servers must be operational, at the premises of either the Customer, the ISP or a third party. 3.The Registrar will publicise and permanently maintain a functioning telephone number and e-mail address through which it may be contacted by the AFNIC during office hours. It should also provide its customers with all means to obtain responses to their questions and expectations. It is also obliged, if it has an online service, to adhere to the identification obligations set out in the law of 21 June 2004, the Law on Confidence in the Digital Economy (Loi pour la Confiance dans l’Économie Numérique). 4. The Registrar undertakes to respond to requests from the AFNIC within a period of at most 72 hours, shortened to 48 hours in urgent cases to be specified by AFNIC in the requests. 5. The Registrar will put together a complete file for each request for an administrative operation, and transmit it to the AFNIC, adhering strictly to the terms of the Naming Charter(s), the elements and/or documents if applicable relating to each administrative operation.

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6. The Registrar must respect the provisions of the Consumer Code when they are applicable and particularly those of articles L 121-16, L 132-1 and L 136-1 without this list being exhaustive. 7. The Registrar will monitor its Customers’ adherence to the Naming Charter(s) and to their appendices, in the version that is currently valid on the date of a request for an administrative operation. The Registrar will pass the successive updates onto them. It will particularly undertake to inform its customers:

- of their rights and obligations as holders of domain names; - the eligibility obligations of the submitter; - their responsibility in choosing the domain name and particularly with regard to the rights of third

parties. To this end, It will use resources provided to it by the AFNIC. The Registrar shall undertake to collect, keep and transmit information requested by the AFNIC to record this domain name. 8. The AFNIC does not make recommendations or bestow approval or accreditation. Therefore, the Registrar is forbidden to use and/or to reproduce any brand, logo or distinctive sign of the AFNIC, and to take advantage of its membership of the association in any other way than by mentioning that it is a member by using the logo or other sign or symbol provided by the AFNIC in strict accordance with the conditions of use as communicated to members. This provision does not prevent the implementation of good practice guides, ethics charters, codes of conduct and/or documents of the same nature.

9. The Registrar is forbidden to re-route message relays and/or web servers without the agreement of the Customer. 10. The Registrar will inform the AFNIC of any procedure affecting its legal situation, particularly being put into receivership, liquidation, partial or total take-over, etc. within height days of the event in question. 11. The Registrar shall undertake to enter services actually provided to Customers on the present agreement’s membership form. It shall undertake to inform the AFNIC of any change or modification to the information provided. Not providing one of the services identified may be considered by the AFNIC as a breach by the Registrar of its contractual obligations. 7. SYSTEM OF REFERENCE 1. As a system of reference relating to the present contract, the parties agree to respect the following:

- the statutes and internal regulations of the AFNIC;

- the latest versions of the Naming Charter(s) and their appendices (procedural guides…) drawn up by the AFNIC;

- the decisions made by the AFNIC’s bodies;

- the AFNIC’s current and future document templates, which can be sent to the Registrar on request;

- the good practice guide, the ethics charter or any equivalent document if adopted by the AFNIC. 8. QUALITY OF SERVICE 1. The AFNIC reserves the right to adopt a good practice guide, an ethics charter and/or any other document of the same nature. The Registrar is obliged to declare its compliance to this good practice guide or any other document of the same nature. 2. The AFNIC may also, by means of a decision by its Board of Directors, implement criteria to assess or evaluate the quality of the Registrars’ services.

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3. The practical means used for this assessment and/or evaluation, and their results, are available on-line on the AFNIC website. 9. FINANCIAL ARRANGEMENTS 9.1. SCALE OF PRICES 1. The scale of prices includes the following costs:

- the annual cost of membership for a calendar year; - the cost of creating, reactivating or transmitting a domain name; - the cost of changing Registrar; - the cost of modifying the syntax of a domain name; - the cost of cancelling a procedure; - the cost of maintaining a domain name.

2. The scale of prices, appended to the present contract, is a summary of the applicable prices for the current year. 9.2. ADJUSTMENTS TO THE SCALE OF PRICES 1. The scale of prices applies to a calendar year, from 1 January to 31 December of each year. 2. The scale of prices applicable for the first year is that which is in force on the date on which the present contract becomes valid, covering the remainder of the year until 31 December of the first year. 3. The scale of prices may be adjusted each year. 4. The adjusted scale of prices applies from 1st January of each year. 5. The AFNIC will communicate the adjusted scale of prices to the Registrar, on 1st December of each year at the latest, via a secure means of communication of its choice. 6. When the scale of prices is kept unchanged or adjusted downwards, the AFNIC may communicate the adjusted scale by any means of its choice, including a simple letter or e-mail. 7. In the event that the Registrar does not accept the adjusted scale of prices, it may cancel its adherence to the present contract without detriment or compensation on either side by registered letter with proof of receipt before 31 December of the current year, provided that the terms of the article “Ending the contractual relationship” are respected. 8. In this event, the cancellation will take effect on 31 December of the current year, and will constitute the end of the contractual relationship between the AFNIC and the Registrar. 9. The scale may be adjusted exceptionally during the year following a decision by the Board of Directors as long as it leads to a reduction. In this hypothesis, the Registrar will be informed by electronic media at least one month beforehand. . 9.3. INVOICING - PAYMENT 1. The annual membership payment is due on the date on which the contract is signed for the current year. 2. In the case of contract renewal, the payment is due on 31 January of that year(s). 3. The AFNIC invoices for all administrative operations on domain names at the end of the month, except for the provisions of paragraph 4 below.

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4. The AFNIC will also invoice costs incurred by processing day-to-day operations, in particular but not exclusively, banking reject costs, sending of registered letters, etc. 5. The AFNIC invoices the domain name maintenance the month following the anniversary date of the last paid administrative action, for a twelve months (one year) period following the anniversary date 6. Invoices for administrative operations must be paid within one month (thirty days) of the invoice date. 7. The Registrar pays the amounts due to the AFNIC using the payment method chosen as part of the present contract, or by any other means imposed by the AFNIC. 8. Any change in the payment method must be notified to the AFNIC by the Registrar. 10. RESPONSIBILITY 1. Each party is committed to an obligation as to means relating to its own activities, except for the application of the rules of the Naming Charter(s) and their appendices, where the Registrar is committed to an obligation as to results. 2. The parties agree that in the event of a verdict being reached against the AFNIC in a legal dispute, the damages and interest payable by the AFNIC are limited to the sums received in reality by the Registrar for the services or supplies that called the AFNIC’s responsibility into question, and exclude the membership fees. 3. The AFNIC can in no case be held responsible for indirect losses, such as commercial loss, loss of orders, any commercial disruption or loss of profits. Any action brought against the Registrar by a third party constitutes an indirect loss, and thus cannot give rise to compensation. 4. It should be specified that the Registrar has sole responsibility for the commercial or non-commercial relationships with its Customers. Given this, the Registrar guarantees the AFNIC against any legal action from any of its Customers. 5. The Registrar undertakes to take full responsibility for any claim or procedure, of any form and nature, that is brought against the AFNIC by a third party, and which is directly or indirectly linked to the Registrar’s obligations as described in the present contract. 6. To this end, the ISP undertakes to pay any sums demanded from the AFNIC as part of the claim directly to the originator of the claim, and if necessary to intervene voluntarily in any proceedings brought against the AFNIC, as well as to guarantee the AFNIC against any verdicts that may be pronounced against it in such proceedings. 7. Failing this, any fees and expenses paid out by the AFNIC to ensure its defence, including legal fees, as well as any damages and interest that may be imposed, are reimbursed by the Registrar.

11. IDENTITY CONFIRMATION AGREEMENT AND ELECTRONIC PROCESSING 1. Exchanges between the AFNIC and the Registrar may take place via e-mail to the addresses specified by the parties. 2. The Registrars are given identifiers by the AFNIC. In the event that the Registrars were accorded the possibility of changing all or part of their identifiers, this change would be carried out at the sole discretion and under the sole responsibility of the Registrars. 3. The technical methods of implementing these identifiers (login/password, electronic signatures and certificates etc.) are defined by the AFNIC, and the Registrar undertakes to implement them according to the guidance supplied by the AFNIC.

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4. The Registrar has sole responsibility for the preservation and confidentiality of its identifier(s) and of any confidential data that it may receive from the AFNIC. 5. The Registrar undertakes to carry out all practical measures to protect total confidentiality and to have it protected by the authorised users, by never communicating the identifiers to anyone other than its employees. 6. Any use of the identifier(s) will be conclusively taken to be a use of the service by the Registrar. 7. The Registrar undertakes to inform the AFNIC without delay by any appropriate means, confirmed by registered letter with proof of receipt, of any case of its identifier becoming known to a third party or being stolen. 8. In the event of disagreement between the parties, the information restored from the AFNIC’s servers shall be deemed authentic between the parties. 9. The AFNIC is working hard to introduce a policy of purely computerised working in order to facilitate relationships with the Registrars and the implementation of administrative operations. The conditions of this migration will be communicated to the Registrar by the AFNIC prior to their introduction.

12. PROOF AND CHECKS 1. The AFNIC may carry out occasional checks. These checks may apply to documents or may be carried out on-site. When checks apply to documents, the AFNIC asks to be sent one or more documents and/or information. The Registrar undertakes to send the requested information and/or documents within 72 hours and 48 hours in case of emergency. The checks may be carried out on-site provided that the AFNIC informs the Registrar 72 hours in advance. 2. The Registrar is responsible for the information and/or documents it supplies to the AFNIC. It is responsible for storing the documents sent to it by its customers. 3. It is responsible for sending the AFNIC the required proof when any such communications need to be sent. In all other cases it will send information and/or documents at the request of the AFNIC according to these provisions. 13. COLLABORATION 1. The parties agree to work closely together within the framework of their relationship. 2. The parties undertake to maintain active and regular collaboration by providing each other with any requested information. 3. The Registrar undertakes to inform the AFNIC of any problems about which it gains information through its activities, throughout the performance of the present contract, in order that they can be taken into account as quickly as possible, contributing to the security of the naming zone organised by the AFNIC. 4. The Registrar undertakes to collaborate with other ISPs as required. 5. In particular, the Registrar undertakes to collaborate with and assist the AFNIC in resolving disputes, before or at the judicial stage, which have a bearing on one or more domain names in the naming zone organised by the AFNIC, and specifically to submit to the AFNIC within 48 hours any information or document that may be requested. 14. CONFIDENTIALITY

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1. The Parties undertake to respect the confidentiality obligation relating to information of any kind which comes into their possession during the performance of the present contract. 2. This confidentiality obligation does not apply:

- in the event of one or other of the parties needing to reveal information in the context of judicial proceedings, for whatever reason;

- in the event of one or other of the parties needing to supply the tax authorities with documentary

evidence during the performance of the present contract; - to the parties’ chartered accountants and auditors, as they are subject to professional secrecy

regarding their Customers under article 378 of the penal code. 3. The provisions of this article remain in force even after the end of the contractual relationship established between the AFNIC and the Registrar. 15. INFORMATION TECHNOLOGY AND DATA PROTECTION 1. Where the Registrar provides the AFNIC with confidential data, the Registrar shall guarantee:

- that it complies with obligations under law n° 78-17 dated 6th January 1978, particularly (1) making declarations or obtaining prior authorisations in good time and obtaining the corresponding receipts and authorisations, (2) the obligation to inform those concerned and obtain their agreement if necessary, (3) the implementation of resources for collecting and processing true and legal data, (4) taking into account recognised rights to access, rectification and opposition for those concerned;

- that personal data may be legally sent or transmitted to the AFNIC who may freely use them

within the limits of legal constraints; - that personal data sent or transmitted do exist, are complete in regard to the original files and are

exact compared to the information collected. 2. The AFNIC shall be recognised as having rights to use, without restriction or reservations, as the

body responsible for processing as understood by law n° 78-17 dated 6th January 1978 relative to the protection of data, files and freedoms, personal data in all places, for all requirements relative to the activities in any shape, on any media, for the entire duration of the present agreement and previously without limitation of date.

3. In any case, the AFNIC shall reserve the right to establish exclusion lists under the Data Protection

Act without being required to inform the Registrar in advance. 4. Personal data sent by the Registrar will be processed automatically by the AFNIC at the National

Commission of Computer Science and Freedoms (CNIL). 16. ADMINISTRATIVE METHODS 1. Each party is required in the context of its own activities to ensure that it has obtained all the administrative authorisation that is shown to be necessary to carry out its function. 17. PROMOTION - ADVERTISING 1. The AFNIC sets out to act as a promotional antenna for the Registrars, and with this aim it may undertake a certain number of promotional and/or advertising campaigns.

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2. The AFNIC keeps up-to-date the information displayed on its website that is taken from associated administrative documents.

3. In addition, the AFNIC may initiate and organise “special operations” designed to develop the naming zones administrated by the AFNIC. 4. The Registrar may choose whether or not to participate in these “special operations” organised by the AFNIC, in the framework of conditions previously supplied to the Registrar. 5. As required, the participation of each Registrar in a “special operation” may be subject to a special contract in application of the present contract. 18. INSURANCE 1. Each party declares that it is insured with an insurance company that is known to be creditworthy against any prejudicial consequences of actions for which it could be held responsible under the present contract. 19. SANCTIONS THROUGH FAULT 1. In the event of breach of the present, the Registrar risks the application of the measures below. They

may, depending on the situation, be taken independently and are not considered to be imperative stages:

- Warning by e-mail. The Registrar shall respond within 15 calendar days from the sending of the

warning and correct the breach. - On-site observation and payment of a penalty of €500 before tax. The Registrar shall correct any

breach within 7 calendar days of the sending of a registered letter with advice of receipt by the AFNIC.

- Temporary suspension of the activities of the Registrar allowing it to maintain its domain active but prohibiting new administrative activities. The Registrar shall also be liable for a penalty of €500 before tax. The Registrar shall correct any breach within 7 calendar days of the sending of a registered letter with advice of receipt by the AFNIC. The Registrar’s account will not be reopened before the breach is corrected and all sums due by them including penalties have been cleared by the AFNIC.

- Termination and resolving of the agreement ipso jure within 7 calendar days of the sending of a registered letter with advice of receipt by the AFNIC to the Registrar. This will lead to the loss of membership of AFNIC and the immediate payment of sums due, including any penalties from the previous levels.

2. The AFNIC will adapt the sanction to the seriousness of the breach. 20. SUBCONTRACTING 1. The Registrar may subcontract all or part of its services, but remains nevertheless solely responsible for the correct application of the present contract. 21. ENDING THE CONTRACTUAL RELATIONSHIP 1. In the event of termination of the contractual relationship for any reason (total or partial cessation of activities, collective proceedings, transfer, termination or cancellation of the present agreement; etc.), the Registrar loses its membership of the AFNIC and undertakes to return to the AFNIC all the documents it has received.

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2. The AFNIC will deactivate the Registrar’s account on the date of effective termination of the contractual relationship and will remove its name from the list of Registrars displayed on-line. 3. The Registrar is responsible for ensuring that the domain names it manages under the present contract are migrated on the date of termination of the contractual relationship at the latest. 4. The Registrar takes on full responsibility for any claims or actions on the part of its Customers in this matter. 5. Although it is not obliged to do so, the AFNIC may contact the Registrar’s customer organizations directly to advise them of the situation and ask them to select a new Registrar. 22. TRANSFER OF THE CONTRACT 1. For reasons dictated by the proper administration of the domain names in the naming zone organised by the AFNIC and the protection of the interests of the Registrar’s Customers, the rights and obligations contained in the present contract can only be subject to total or partial transfer, for payment or free of charge, under the following set of conditions:

- that the AFNIC has received prior notification;

- that all sums owed to the AFNIC by the original Registrar have been paid in full and collected by the AFNIC;

- that the AFNIC has received the formal consent of both the original Registrar and the Registrar

that would take over the terms of the present contract, by registered letter with proof of receipt;

- that the AFNIC receives all the associated administrative documents filled in as required by the new Registrar, particularly the information relating to the contact details of the new Registrar, within 30 days of the transfer;

- that the future of all the domain names managed by the original Registrar has been taken into

account and that all the Customers have been notified of the change by the original Registrar. 2. The AFNIC may transfer all or part of the rights and obligations defined in the present contract to any legal entity of its choice, provided that it informs the Registrar. 23. NULLITY 1. If one or more stipulations in the present contract are held to be invalid or are found to be so under the application of a law or regulation or following a definitive decision by a court of law with the appropriate jurisdiction, the other stipulations maintain their validity and their scope. 24. TITLES 1. In the event of a difficulty in interpretation arising between any of the titles heading the clauses and any of the clauses, the titles will be declared inexistent. 25. FORCE MAJEURE 1. Initially, cases of force majeure suspend the performance of the present contract. 2. If cases of force majeure last for more than 1 (one) month, the present contract are automatically cancelled, unless the parties agree otherwise.

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3. The cases that are considered as cases of force majeure or acts of god are those usually recognised as such by the jurisprudence of the French courts and tribunals. 26. INDEPENDENCE OF THE PARTIES 1. The parties acknowledge that each acts on its own behalf as an independent entity, and that they shall not be considered as each other’s agents. 2. Neither party may make commitments in the name of or on behalf of the other. 3. In addition, each party retains sole responsibility for its acts, allegations, commitments, services, products and personnel. 27. ENTIRETY 1. The present contract expresses the entirety of the parties’ obligations. 28. SINCERITY 1. The parties declare that the present commitments are sincere. 2. On this account, they declare that they possess no information which, if it had been shared, may have modified the consent of the other party. 29. LANGUAGE 1. Only the French version of the present contract is valid between the two parties. 30. APPLICABLE LAW 1. The present provisions are governed by French law. 31. ATTRIBUTION OF COMPETENCE 1. In case of dispute and after attempts to find an amicable solution, express competence is given to the

Versailles High Court of Justice (Tribunal de Grande Instance de Versailles) notwithstanding the multiplicity of defendants or the introduction of third-parties, even for emergency or protective measures in a summary procedure or petition.

32. ADDRESS - NOTIFICATION 1. The parties’ addresses are as shown at the top of the present contract. 2. Any change of address of either party must be notified to the other party without delay. 33. REVISION OF THE PRESENT CONTRACT 1. The terms of the present contract may be revised as required by the AFNIC. 2. The AFNIC undertakes to revise the present contract at most once a year, unless a specific decision is taken by one of its decision-making bodies. 3. If revisions are made, the AFNIC send the Registrar the revised version of the present contract by any means of the AFNIC’s choice, by 1 December of each year at the latest. Therefore, and according to the new articles 1369-1 and following of the French Civil Code, the AFNIC may either send the new version

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of the contracts by electronic mail to the address provided by the Registrar or publish the modified version of the agreement online in the area reserved for Registrars and invite the Registrars to log on to its site to view the details. As this relates to contractual relations between professionals, it has been expressly decided to waive all legal or technical rules of evidence set out in these articles. 4. In the event of the Registrar not accepting the terms of the revised contract, it may renounce its membership of the AFNIC, without prejudice or compensation on either side, by registered letter with proof of receipt before 31 December of the current year. This renunciation takes effect on 31 December of the current year, provided that the provisions of the article “Ending the contractual relationship” are adhered to. From this date, the parties are released from their respective commitments. 5. If the Registrar does not renounce its membership in the allotted time, the new contractual conditions apply automatically from 1 January of the following year.

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SCALE OF PRICES 2007 - AFNIC

A Registrar may belong to the AFNIC under “option 1” or “option 2”. Note: The option may be changed when renewing the membership agreement. Your request should be sent by mail to AFNIC before 31 December of the current year for an effective change on 1st January of the next year.

Scale of prices, in euros and exclusive of tax, applies from 1st January to 31 December 2007

Option

Membership

Creation, Reactivation, Transmission

Change of Registrar

Cancelling creation

Maintenance

1 1450 € HT 4,80 4,80 4,80 4,80

2 425 € HT 5,80 5,80 5,80 5,80

Membership fees are payable in a single instalment. For Registrars taking up new membership after 1 July of the current year, the membership fee will be halved.

Pursuant to the “transfer of the contract” clause, the total or partial transfer is carried out under the following conditions:

• Total transfer: effected free of charge; • Partial transfer: effected as below:

Partial transfer of activity

Fixed price for a number ≦ 30 domains 400 € + VAT

Starting from the 31st domain 5 € + VAT/ domain

The costs engendered by the AFNIC from payments rejected by banks will be invoiced from the second refusal and collected by standing order or debit card, notwithstanding the application of article 19 of the agreement.

• A penalty of 9 € + VAT will be invoiced per refusal

The costs incurred by the AFNIC in collecting payments by foreign-based cheque will be invoiced at the end of the financial year on the basis of the applicable bank price list.