TRANSMITTED VIA ELECTRONIC MAIL, FACSIMILE AND COURIER RE: NOTICE OF BREACH OF REGISTRAR ACCREDITATION AGREEMENT

Transcription

1 7 May 2013 TRANSMITTED VIA ELECTRONIC MAIL, FACSIMILE AND COURIER Ms. Valeria Irazoqui (IANA# 1388) Cordoba 3753 Rosario Santa Fe 2000 Argentina Fax Number: RE: NOTICE OF BREACH OF REGISTRAR ACCREDITATION AGREEMENT Dear Ms. Irazoqui, Please be advised that as of 7 May 2013, (Dattatec) is in breach of its Registrar Accreditation Agreement ( RAA ) with the Internet Corporation for Assigned Names Numbers ( ICANN ) dated 20 September 2011 ( RAA ). These breaches result from: Failure to take reasonable steps to investigate claimed Whois inaccuracies, as required by Section of the RAA; Failure to maintain registration records as required by Section of the RAA; Failure to make registration records available upon request by ICANN, as required by Section of the RAA. In addition, Dattatec has been deemed noncompliant in the following areas: Failure to display a link to ICANN s Registrant Rights Responsibilities webpage on Dattatec s website, as required by Section 3.15 of the RAA; Failure to timely pay accreditation fees, as required by Section 3.9 of the RAA. Washington, DC 1101 New York Avenue, NW, Suite 930 Washington, DC USA T F Los Angeles Waterfront Drive, Suite 300 Los Angeles, CA USA T F Brussels 6 Rond Point Schuman, Bt. 5 B-1040 Brussels BELGIUM T F One World. One Internet

2 Page 2 of 10 Please refer to the attachment for details regarding these breaches. ICANN requests that Dattatec cure these breaches by 28 May 2013, 15 working days from the date of this letter, by taking the following actions: 1. Provide records demonstrating that Dattatec investigated the Whois inaccuracy claims concerning the domain names <uskyokvagmo.com>, <wriemfojr.com>, <rogtocdoht.com>, <rymloiwumm.com>. This includes copies of Dattatec's correspondence with the registrants while investigating the Whois inaccuracy claims (including dates times means of inquiries, telephone numbers, addresses, postal addresses used) in accordance with Section 3.4 of the RAA; 2. Clearly display a link to ICANN s Registrant Rights Responsibilities webpage on Dattatec s website; 3. Pay all past due accreditation fees in the amount of $5, Please see the enclosed customer statement for details. If Dattatec fails to timely cure these breaches provide the requested information, ICANN may commence the RAA termination process. If you have questions or require assistance, please contact Stacy Burnette at stacy.burnette@icann.org. Sincerely, Maguy Serad Vice President, Contractual Compliance c: John O. Jeffrey, General Counsel Secretary

3 Page 3 of 10 Enclosure: Customer Statement

4 Page 4 of 10 ATTACHMENT 1. Failure to Take Reasonable Steps to Investigate Correct Claimed Whois Inaccuracies Section of the RAA requires registrars, upon notification by any person of an inaccuracy in the contact information associated with a Registered Name sponsored by Registrar, take reasonable steps to investigate that claimed inaccuracy. In the event Registrar learns of inaccurate contact information associated with a Registered Name it sponsors, it shall take reasonable steps to correct that inaccuracy. ICANN sent Dattatec Whois inaccuracy reports regarding the domain names <uskyokvagmo.com>, <wriemfojr.com>, <rogtocdoht.com>, <rymloiwumm.com>. Dattatec did not respond to these notices. As detailed in the chronology, ICANN sent Dattatec three compliance notices concerning each domain name requesting that Dattatec demonstrate that it took reasonable steps to investigate the Whois inaccuracy claims. Dattatec failed to provide the information requested to demonstrate compliance. 2. Failure to Retain Registered Name Holder Registration Data Failure to Make Such Data Available for Inspection Copying Section 3.4 of the RAA requires registrars to maintain Registered Name Holder registration data make those records available to ICANN upon reasonable notice. ICANN requested that Dattatec make registration records available to ICANN concerning specific domain names identified as containing inaccurate Whois data. Dattatec s repeated failure to provide the registration records requested is a breach of Sections of the RAA. 3. Failure to Timely Pay Required Fees Section 3.9 of the RAA requires registrars to timely pay accreditation fees to ICANN, consisting of yearly variable fees. Dattatec currently owes ICANN $5, in past due accreditation fees.

5 Page 5 of 10 Dattatec failed to comply with its obligation to timely pay accreditation fees which constitutes a breach of Section 3.9 of the RAA. 4. Failure to Display a Link to ICANN s Registrant Rights Responsibilities Webpage Section 3.15 of the RAA requires Dattatec to provide a link to ICANN s Registrant Rights Responsibilities webpage on its website. ICANN staff checked Dattatec s website could not find a link to ICANN s Registrant Rights Responsibilities webpage on its website. Dattatec s failure to provide the required link is a breach of Section 3.15 of the RAA. Chronology SUR Uskyokvagmo.com 10 Dec Jan Jan Jan 2013 ICANN sent 1st via ICANN sent 2 nd via RR representative requested ICANN call back on 8 March 2013 or send an to Primary Contact specifying request. ICANN sent follow-up to notified RR of intent to call on 8 March 2013.

6 Page 6 of 10 SUR Uskyokvagmo.com 8 Mar Mar Mar Mar Mar 2013 N/A 18 Mar Mar Apr 2013 N/A 3 Apr Apr RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent 3 rd via to The 3 rd was faxed to Transmission successful. RR responded to follow-up from 7 March 2013 requested ICANN send a copy of original report. ICANN re-sent original report via to RR responded to ICANN requested original report be sent again. ICANN re-sent original report via to for final reminder. RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent final follow-up to,

7 Page 7 of 10 BVC wriemfojr.com 13 Dec Jan Jan Jan Mar Mar 2013 ICANN sent 1st via ICANN sent 2 nd via RR representative requested ICANN call back on 8 March 2013 or send an to Primary Contact specifying request. ICANN sent follow-up to notified RR of intent to call on 8 March RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent 3 rd via The 3 rd was faxed to Transmission successful. RR responded to follow-up from 7 March 2013 requested ICANN send a copy of original report.

8 Page 8 of 10 BVC BRL wriemfojr.com rogtocdoht.com 11 Mar Mar Mar 2013 N/A 18 Mar Mar Apr 2013 N/A 3 Apr Apr Dec Jan Jan Jan 2013 ICANN re-sent original report via to RR responded to ICANN requested original report be sent again. ICANN re-sent original report via to for final reminder. RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent final follow-up to ICANN sent 1st via ICANN sent 2 nd via RR representative requested ICANN call back on 8 March 2013 or send an to Primary Contact specifying request.

9 Page 9 of 10 BRL rogtocdoht.com 8 Mar Mar Mar Mar Mar 2013 N/A 18 Mar Mar Apr 2013 N/A ICANN sent follow-up to notified RR of intent to call on 8 March RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent 3 rd via The 3 rd was faxed to Transmission successful. RR responded to follow-up from 7 March 2013 requested ICANN send a copy of original report. ICANN re-sent original report via to RR responded to ICANN requested original report be sent again. ICANN re-sent original report via to for final reminder. RR Representative notified ICANN that Primary Contact was unavailable to speak.

10 Page 10 of 10 BRL rogtocdoht.com 3 Apr Apr 2013 DME rymloiwumm.com 25 Feb Mar Mar Mar Apr 2013 N/A 3 Apr Apr 2013 ICANN sent final follow-up via, ICANN sent 1st via No response received. ICANN sent 2 nd via No response received for final reminder. RR Representative notified ICANN that Primary Contact was unavailable to speak. ICANN sent 3 rd via, No response received. The 3 rd was faxed to Transmission unsuccessful.