RIPE NCC End User Assignment Agreement |
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RIPE NCC
Document ID: ripe-462
Date: February 2009
Please
return a signed copy of this Agreement as well as a copy of an
extract from the Commercial Trade Register or an equivalent document
that proves the registration of End User's business with the national
authorities.
If
your business has not yet been incorporated and has not been
registered in the Commercial Trade Register, please include a
photocopy of the requester’s valid identity card.
This
Agreement comes into force upon receipt of the RIPE NCC of the signed
Agreement and the documents listed above.
Réseaux
IP Européens Network Coordination Centre (RIPE NCC),
a membership association under Dutch law, with offices at Singel 258,
1016 AB Amsterdam, The Netherlands, and registered with Amsterdam
Chamber of Commerce (40539632), hereinafter known as the "RIPE NCC"
and
[name
and legal form of organisation], with registered offices at
[address], registered with [register; registration number] hereinafter known as the "End User"
Whereas:
As a Regional Internet Registry (RIR), the RIPE NCC has the authority to
delegate Internet number resources in its service region.
The
RIPE NCC allocates Internet number resources to Local Internet
Registries (LIRs). In addition, the RIPE NCC assigns Internet number
resources to End Users for their own use in accordance with the
applicable RIPE policies for assignment of Internet Number Resources
to End Users.
This
Agreement defines the conditions under which the RIPE NCC will assign
Internet number resources to an End User and maintain such
assignments during the term of the Agreement.
Have agreed as follows:
Article 1 - Definitions
Agreement:
This Agreement.
Administration
Fee: The
Fee to be paid by End User to the RIPE NCC for the administrative
costs of this agreement and for handling the first Internet number
resource request assignment.
Assignment:
The
act by which the RIPE NCC enables the End User to use Internet number
resources for its own internal use. This involves the publication in
the RIPE Database of the End User as the assignee of the respective
Internet number resources as well as the publication of the Reverse
DNS Delegations for the respective Internet Number Resources.
End User:
Natural
person or legal entity that has entered into an Agreement in order to
receive Internet number resources.
Internet
Number Resources:
Unique address space (IPv4 and IPv6) and Autonomous System Numbers
(ASNs) issued by any Internet Number Registry.
Internet
Number Registry (INR): A
registry that allocates Internet number resources and holds and
publishes details of Internet number resource information.
Maintenance
Fee: Periodical
fee to be paid by the End User to the RIPE NCC for handling
assignment requests and for maintaining the assignments made during
the term of the Agreement.
Reverse DNS
Delegation:
Reverse Domain Name System (DNS) delegations allow applications to
map to a domain name from an IP address. Reverse delegation is
achieved by use of the special domain names in-addr.arpa (IPv4) and
ip6.arpa (IPv6).
RIPE
Database:
The database operated by the RIPE NCC. The RIPE Database provides a
mechanism for finding contact and registration information for
networks in the RIPE
NCC service region. The RIPE Database contains IP addresses,
Autonomous System (AS) Numbers, organisations or customers that are
associated with these resources and related Points of Contact (POC).
Article 2 - General Provisions
2.1
The RIPE NCC shall assign Internet number resources to an End User
and maintain assignments subject to the conditions of this Agreement.
2.2
The Agreement shall come into effect upon receipt by the RIPE NCC of
the following documents:
a.
At least one hard copy of the Agreement, signed by an authorised
representative of End User or by the End User;
b.
An extract from the Commercial Trade Register or equivalent document
proving the registration of the End User's organisation with the
national authorities. In the event that the End User's organisation
has not been incorporated and has not been registered with the
Commercial Trade Register, the End User shall send the RIPE NCC a
photocopy of a valid identity card.
2.3
The RIPE NCC reserves the right to amend and/or supplement the terms
of this Agreement. The RIPE NCC shall notify the End User at least
one month prior to any such amendment or supplement coming into
effect.
Article 3 - Request for Assignment
3.1
The End User may request an assignment using the applicable request
form (available at www.ripe.net).
3.2
The RIPE NCC shall assign the requested Internet number resources as
soon as:
It
has received a request form;
It
has established that the request complies with the current RIPE
policies for assignment to End Users; and
It
has received the documents as stated in Article 2.2; and
It
has received the Maintenance Fee for the calendar year at issue
In
the event of a first request for an assignment, the RIPE NCC has
received the Administration Fee
Article 4 - Purpose, Nature and Scope of Assignment
4.1
The Internet number resources are assigned to an End User for use
within his/her own internal network only.
4.2
The assignment does not confer upon the End User any proprietary or
transferable rights to the Internet number resources. The End User
shall not be permitted to assign, delegate, sub-delegate or otherwise
allow third parties to use the Internet number resources assigned to
it pursuant to this Agreement.
4.3
The RIPE NCC does not guarantee that the assigned Internet number
resources will be routable on any part of the Internet.
4.4
The End User may use the assigned Internet number resources as long
as:
The
Internet Number Resources assigned to him/her are used only within
his/her own internal network; and
The
assigned Internet Number Resources are used for the purpose as
specified in the request on the basis of which the Internet number
resources have been assigned; and
The
End User complies with the current RIPE policies for assignment to
End Users, which may be amended at any time by the RIPE community in
accordance with the RIPE Policy Development Process (PDP); and
The Agreement has not been terminated pursuant to Article 7.
Article 5 - Fees, Payment
5.1
Upon signature of this Agreement, the End User shall pay to the RIPE
NCC an Administration Fee. During the term of the Agreement, the End
User shall pay a periodical Maintenance Fee. The fees are defined
annually by the RIPE NCC General Meeting as part of the Charging
Scheme and shall be published at www.ripe.net.
5.2
The End User shall pay the Administration Fee and Maintenance Fee
within 30 days of the date of the invoice, failing which the End User
shall be in default with no notice of default being required.
5.3
With effect from the day on which the End User defaults on its
payment obligations, the End User shall owe the RIPE NCC the
statutory rate of interest on the amounts unpaid as well as a late
payment fee. In addition, the End User shall reimburse the RIPE NCC
for the extra-judicial collection costs, without prejudice to any
other of the RIPE NCC's rights which it may invoke against the End
User in connection with the latter's failure to effect (timely)
payment.
Article
6 - Liability
6.1
The End User shall be liable for all aspects of the use of the
Internet number resources assigned to it pursuant to this Agreement
and all that ensues from its use of those Internet Number Resources.
6.2
The RIPE NCC excludes all liability for any direct or indirect
damages, including damages to the End User's business, loss of
profit, damages to third parties, personal injury or damages to
property, except in cases involving wilful misconduct or gross
negligence on the part of the RIPE NCC or its management.
6.3
The RIPE NCC shall, in any event, not be liable for damages caused by
a failure to make the Internet number resources available (on time),
or for damages in any way connected with the use of the Internet
number resources.
6.4
The RIPE NCC shall, in any event, not be liable for non-performance
or damages due to force majeure, including but not limited to
industrial action, strikes, occupations and sit-ins, blockades,
embargoes, governmental measures, denial of service (DoS) attacks,
war, revolutions or comparable situations, power failures, defects in
electronic lines of communication, fire, explosions, damage caused by
water, floods and earthquakes.
6.5
The End User shall indemnify the RIPE NCC against any and all third
party claims filed against the RIPE NCC in relation to the End User's
use of the Internet number resources assigned to it pursuant to this
Agreement.
6.6
In any event, the RIPE NCC's liability shall be limited to a
maximum amount equivalent to the aggregate payments received by the
RIPE NCC pursuant to this Agreement.
Article 7 - Term and Termination
7.1
The Agreement shall be entered into for an indefinite period of time,
unless terminated in accordance with this Article 7.
7.2
The End User shall be entitled to terminate the Agreement with a
notice period of three months. Notice shall be in writing and sent to
the RIPE NCC by electronic or regular mail.
7.3
Without prejudice to the provisions contained in the Agreement, the
RIPE NCC shall be entitled to terminate the Agreement forthwith with
immediate effect by means of a notice sent to the End User by
registered mail, without being liable to pay damages to the End User
and without prejudice to the RIPE NCC's right to claim (additional)
damages from the End User if:
An
application has been or is filed for the End User's bankruptcy or
for a suspension of payments (moratorium).
The
End User goes into liquidation or becomes insolvent.
The
End User acts in violation of any of the provisions of Article 4.
The
End User in any way acts or neglects to act such as to cause damage
to the name, trademarks or intellectual property rights of the RIPE
NCC.
The
End User fails to observe any rule of applicable law, which should
be adhered to by the End User and which, in the opinion of the RIPE
NCC, is of such a nature as to justify immediate termination.
The
End User is in default of payment as outlined in Article 5.2, and in
addition fails to pay such fees and/or costs within 14 days after
receipt of notice of default.
7.4
Upon termination, the RIPE NCC shall delete the RIPE Database record
for the Internet number resources assigned pursuant to this Agreement
and revoke the reverse DNS for the respective Internet number
resources.
7.5
Upon termination, the End User shall no longer be entitled to use the
Internet number resources.
7.6
Termination shall not affect Administrative or Maintenance Fees which
have become due or paid prior to the date of termination.
Article 8 - Governing Law: Disputes
8.1
This Agreement shall be exclusively governed by the laws of the
Netherlands.
8.2
Any disputes that may arise from the Agreement shall be settled in
accordance with the RIPE NCC End User Arbitration Procedure as
outlined in paragraph 9.6.
Article 9 - Miscellaneous
9.1
Without the RIPE NCC's prior written consent, the End User shall
not be permitted to assign any rights or obligations arising from the
Agreement.
9.2
The End User shall notify the RIPE NCC immediately of any change of
address or billing details. Until such notification, the last
notified address and billing details shall be presumed to be correct.
9.3
Unless advised otherwise, the RIPE NCC may send notifications under
this Agreement to the last notified email address of End User.
9.4
If any provision contained in the RIPE NCC End User Assignment
Agreement is held to be invalid by a court of law, this shall not in
any way affect the validity of the remaining provisions.
9.5
The RIPE NCC's intellectual property (agreements, documents,
software, databases, websites, etc.) may only be used, reproduced and
made available to third parties upon prior written authorisation from
the RIPE NCC.
9.6
The RIPE policies referred to in this Agreement, 1 October 2008, these RIPE Policies included:
9.7
The RIPE documents referred to in the Agreement are available to the
public from the RIPE Document Store. These documents, which may be
revised and updated at any time in accordance with the RIPE Policy
Development Process (PDP), form an integral part of and apply fully
to the Agreement. Each revised document receives a new document
number and can be found on www.ripe.net.
Thus
agreed and signed in duplicate by persons authorised to represent
both parties:
| End User |
RIPE NCC |
| Place |
Amsterdam |
| Date |
|
| Name of authorised representative |
Axel Pawlik |
| Function |
Managing Director |
| Signature |
|
|
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