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Section A of this document describes the valid reasons for terminating the RIPE NCC Standard Service Agreement that leads to the closure of a Member, the procedure that applies in each circumstance, and the consequences of termination. circumstance and the consequences.
Section B describes the valid reasons for deregistration of Internet number resources and the procedure that applies in each circumstance.
Table of Contents
A. Closure of Member – Termination of the RIPE NCC Standard Service Agreement
1. Grounds for Termination, and the Procedure in Each Case termination and procedure in each case
1.1. Termination by the Member
1.2. Termination by the RIPE NCC
1.2.1. Termination with a Three-Month Notice Period three-month notice period
1.2.1.1. Violation of RIPE Policies and RIPE NCC Procedures procedures
b. Allocations/assignments in contravention to RIPE policies contravening RIPE Policies
c. Incorrect registration in the RIPE Database
d. Non-compliance with an arbiter ruling
1.2.2. Termination with Immediate Effect immediate effect
a. Member files for bankruptcy, is liquidated, suspends its payments or becomes insolvent
b. Member damages the name, trademarks or intellectual property rights of the RIPE NCC
d. The Member fails to observe any rule of applicable law
f. Termination of the RIPE NCC member status
h. Non-compliance with RIPE NCC audits audit
i. Discontinuation of RIPE NCC services
2.1. End of Provision of RIPE NCC Services provision of RIPE NCC services
2.1.1. General Services services
2.1.2. Registration of Distributed Internet Number Resources distributed Internet number resources
2.2. End of RIPE NCC Member Status member status
B. Deregistration of Internet Number Resources number resources
b. Invalidity of original allocation/assignment criteria
c. Incorrect registration of the allocation/assignment in the RIPE Database
d. Falsified/incorrect Falsified/incorret information
f. Non-compliance with a RIPE NCC audit
2.2. Independent Internet Number Resources Assigned Through a “Sponsoring LIR” Link: #b22 1. Termination of the Legacy Services Link: #c1 1.1.1. Termination by the Member Link: #c111 1.1.2. Termination by the RIPE NCC Link: #c112 1.1.2.1. Non compliance with contractual responsibilities Link: #c1121 1.1.2.2. Termination with immediate effect Link: #c1122 a. The Member's SSA is terminated for any reason Link: #c1122a b. The Member transfers the Legacy Internet Resources to a third party Link: #c1122b c. Member has no rights to use the Legacy Internet Resources Link: #c1122c d. Reasons beyond control of the RIPE NCC Link: #c1122d 1.2 Legacy Agreement between the RIPE NCC and a Legacy Holder Link: #c12 1.2.1. Termination by the Legacy Holder Link: #c121 1.2.2. Termination by the RIPE NCC Link: #c122 1.2.2.1. Non compliance with contractual responsibilities Link: #c1221 1.2.2.2. Termination with immediate effect Link: #c1222 d. The Member fails to observe any rule of applicable law Link: #c1222d f. Untruthful information Link: #c1222f g. Non-compliance with RIPE NCC audits Link: #c1222g h. Reasons beyond control of the RIPE NCC Link: #c1222h i. The Legacy Holder transfers the Legacy Internet Resources to a third party Link: #c1222i j. The Legacy Holder has no rights to use the Legacy Internet Resources Link: #c1222j 3. Change of status of Legacy Internet Resources Link: #c3 4. Deregistration of Legacy Internet Resources Link: #c4 number resources assigned through a “sponsoring LIR” Link: #b22
A. Closure of Member - Termination of the RIPE NCC Standard Service Agreement
An organisation or an individual person can receive services from the RIPE NCC if they:
Agree and sign the RIPE NCC Standard Service Agreement (SSA); and
Conform to RIPE Policies.
An organisation or an individual person signing the SSA is called a “Member”. The RIPE NCC SSA is entered into for an indefinite period of time, unless terminated by either party.
1. Grounds for Termination and Procedure in Each Case termination and procedure in each case
The SSA can be terminated by the Member (see section 1.1) or by the RIPE NCC. The termination by the RIPE NCC can either be with a notice period of three months (see section 1.2.1.) or, for specific reasons, or for specific reasons with a shorter notice period and immediate effect (see section 1.2.2.).
1.1. Termination by the Member
According to Article 9.2 of the SSA, the Member can terminate the SSA with a notice period of three months. Possible reasons why Members might want to terminate their SSA include:
The Member decides to close or to change their business
The Member decides to merge with another Member and therefore they do not need to be Members themselves
The Member decides to assign Internet number resources from another Member
Procedure
The notice will formally request the termination of the SSA.
It must be:
Dated and signed by an authorised representative of the Member. A registered contact cannot give notice unless the registered contact is an authorised representative.
Sent to the RIPE NCC by email to <[email protected]> or by postal mail to: RIPE NCC, Singel 258, 1016 AB Amsterdam, The Netherlands.
The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests for RIPE NCC services is terminated.
The termination of the SSA will take place three months after the receipt of the notice by the RIPE NCC.
Billing Issues issues
If the termination takes place in the course of a financial year, the annual contribution shall nevertheless remain due, in full, due in full by the Member (see also paragraph 6.6 of the RIPE NCC Articles of Association (AoA) Link: /articles-association Link: http://www.ripe.net/publications/docs/articles-association and the RIPE NCC Billing Procedure).
1.2. Termination by the RIPE NCC
1.2.1. Termination with a Three-Month Notice Period
According to Article 9.3 of the SSA, the RIPE NCC can terminate the SSA with a notice period of three months. Grounds for such termination may be the following:
1.2.1.1 Violation of RIPE Policies and RIPE NCC Procedures procedures
The Member must comply with RIPE Policies and RIPE NCC procedures (see Article 6 of the SSA). The RIPE NCC will terminate the SSA if the Member commits any of the following violations of RIPE Policies or RIPE NCC procedures:
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The Member is unresponsive for a significant period of time.
Members are considered to be unresponsive if they do not react to a specific email/request made by the RIPE NCC relating to an incorrect/ambiguous registration of Internet number resources, regardless of whether they are,
areat the same time,timeresponsive to a different email/request from the RIPE NCC ortheycontinue paying the RIPE NCC fees. Allocations/assignments in contravention to
contraveningRIPE policiesAllocations or transfers of allocations and assignments are not made and used in accordance with the RIPE community's policies.
Incorrect registration in the RIPE Database
Registration data is repeatedly maintained incorrectly (allocations and assignments must be properly registered in the RIPE Database).
Proper registration must be as follows:
The inetnum and the inet6num object(s) for approved assignments must use the netname(s) approved by the RIPE NCC and must not be larger than the size approved by the RIPE NCC
The date in the first “changed:” attribute must not be earlier than the date of approval from the RIPE NCC
The data must be valid and must allow the RIPE NCC to contact the natural person referenced directly in the inetnum or inet6num object(s) or via the maintainers of the inetnum or inet6num object(s) within a reasonable time without having to get information from another source
Non-compliance with an arbiter ruling
For more information, please see RIPE NCC Conflict Arbitration Procedure.
Procedure
If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the SSA, the RIPE NCC will send will:Send an email to the registered contact(s) indicating:
the violation
the Member's obligation to stop/repair the violation
the termination of the SSA in three (3) months if the violation continues
The RIPE NCC will also terminate
Terminatethe progress of any open requests for RIPE NCC services
If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:
The violation
The Member's obligation to stop/repair the violation
The termination of the SSA in two (2) months if the violation continues
After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:
The violation
The Member's obligation to stop/repair the violation
The termination of the SSA in one (1) month if the violation continues
After 90 days from the date of the first email, if the Member continues not to comply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
The RIPE NCC concludes the SSA and provides services to Members in good faith. The Member is in breach of good faith in the following cases:
1.2.1.2. Other Reasons reasons
Termination for any other reason by the RIPE NCC is only executed when the Member consents to the termination, unless the termination is for reasons above and beyond control of the RIPE NCC.
For example, such termination has taken place in the past in the case of the emergence of AfriNIC, the RIR for the African region, when, with the consent of the African Members, the SSAs with the RIPE NCC were terminated and new contracts with AfriNIC were signed.
Procedure
The notice will officially inform about the termination of the SSA, state the reasons for the termination and detail the planned arrangements regarding the Internet number resources that were distributed to the Member.
Unless otherwise required by the circumstances:
The RIPE NCC will terminate the progress of any open requests for RIPE NCC services
Section A.2. (Consequences of termination of the SSA) and section B (Deregistration of Internet number resources) of this document are applicable
The notice will be dated and signed by an authorised representative of the RIPE NCC.
Notice will be sent to the registered contact(s) of the Member by electronic and postal mail.
Upon receipt of such notice, the progress of any open requests for RIPE NCC services is terminated. The termination of the SSA will take place after three months from the date the RIPE NCC sends the notice, unless the Member requests a longer period and this is agreed upon.
Billing Issues issues
All outstanding amounts for the full year must be settled unless otherwise agreed.
1.2.2. Termination with Immediate Effect immediate effect
According to Article 9.4 of the SSA, the RIPE NCC is entitled to terminate the SSA with immediate effect in the following cases:
Member files for bankruptcy, is liquidated, suspends its payments or becomes insolvent
Upon receipt of the documents stating the bankruptcy, liquidation, suspension of payments or insolvency of the Member by the relevant authority or by public announcement of the fact, the RIPE NCC will terminate the SSA. If the relevant national authority decides that the Member's operations can continue, and provided that the Member fulfils
fulfillsthe obligations coming from the SSA, the RIPE NCC will not terminate the SSA.Procedure
The RIPE NCC will:
Send an email to the registered contact(s) and/or to the legal successor indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the member) to all registered contacts of the Member or to the legal successor, both by electronic and registered postal mail.
Member damages the name, trademarks or intellectual property rights of the RIPE NCC
Examples:
The Member pretends to be, or to act on behalf of, the RIPE NCC through misuse of the RIPE NCC name or logo
The Member unreasonably makes allegations against the RIPE NCC in order to damage the RIPE NCC's reputation and operations, resulting in irreversible damage to the RIPE NCC
Procedure:
The RIPE NCC will
Send an email to the registered contact(s) indicating:
The violation
The the violation
theMember's obligation to stop/repair the violationThe
thetermination of the SSA if the violation continues
Terminate the progress of any open requests for RIPE NCC services
Send a second reminder email to the registered contact(s) indicating the same as above
Not approve any Internet number resource requests
Send a third reminder email and a reminder by postal mail to the registered email and postal addresses indicating the same as above
Stop providing any services to the Member
Member fails to submit to the RIPE NCC a valid extract from the Commercial Trade Register or equivalent register
When initially signing the SSA, the Member must submit to the RIPE NCC an extract from the Commercial Trade Register or equivalent document providing the registration of the Member's business with the national authorities (see Article 2.2 of the SSA).
If the Member is a natural person, the RIPE NCC requires submission of any identification papers (passport, driving license or other official document proving the identity of the individual).
If the Member is a legal person, identification papers are also required for the authorised person signing the SSA on behalf of the legal person.
If there is any change in the Member's business after signing the SSA (for example, the Member has merged with another company, has changed name, etc.) and, because of this change, the Member's registration with the relevant register has been changed, then the Member is obliged to submit the updated registration papers to the RIPE NCC.
If the Member does not submit the aforementioned documents within one month of them being requested by the RIPE NCC, the RIPE NCC will terminate the SSA (see Article 9.4.d of the SSA).
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
the Member's obligation to submit the relevant documents
the termination of the SSA if the documents are not submitted
Terminate the progress of any open requests for RIPE NCC services
If the Member does not comply within 15 days of the date of the email, the RIPE NCC will send a reminder email and a notification by postal mail to the registered email and postal addresses indicating the same as above.
After 30 days from the date of the first email, if the Member continues to not
not tocomply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.The Member fails to observe any rule of applicable law
The SSA is exclusively governed by the laws of the Netherlands because the RIPE NCC is an association under Dutch law. The RIPE NCC is allowed to terminate the SSA of a Member with immediate effect, provided it receives a Dutch court order to do so.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
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In case of non-payment, in accordance with the RIPE NCC Billing Procedure, the SSA is terminated after 120 days. For more information, please see the RIPE NCC Billing Procedure Link: /lir-services/billing/procedure
Link: http://www.ripe.net/lir-services/billing/procedure. Termination of the RIPE NCC member status
By signing the SSA, Members become members of the RIPE NCC association. If Members terminate their member status with the RIPE NCC association, the SSA is automatically terminated (see also Article 6 of the AoA).
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
- Untruthful information
The RIPE NCC concludes the SSA and provides services to Members in good faith. The Member is in breach of good faith in the following cases:
Falsified/incorrect information
If the Member repeatedly provides falsified data or information, or purposefully and/or repeatedly provides incorrect data or information (for example, falsified registration documents or IDs, incorrect/inaccurate contact details, etc.)
Fraudulent requests
If the Member submits repeatedly fraudulent requests for Internet number resources (for example, providing incorrect purpose/need or falsified information about the network, etc.)
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
- Non-compliance with RIPE NCC audits
Non-compliance with RIPE NCC audits includes repeated unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests regarding registrations of Internet number resources for the Member's own network. For more information about the audit procedure, please see RIPE NCC audit activity.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
- Discontinuation of RIPE NCC services
If the RIPE NCC cannot reasonably be required to continue the SSA for reasons that can not be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the SSA
The immediate termination of the SSA
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating the same as above.
After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will:
After 90 days from the date of the first email, if the Member continues not to comply, the RIPE NCC will:
After 120 days from the date of the first email, if the Member still does not comply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.
2. Consequences
Upon termination of the SSA, Members lose all rights to RIPE NCC services and their RIPE NCC member status.
2.1. End of Provision of RIPE NCC Services2.1.1. General Services
provision of RIPE NCC services
The RIPE NCC will stop providing RIPE NCC services, including:
Distribution of Internet number resources
Authority to maintain Internet number resource records in the RIPE Database
Access to the LIR Portal
Use of the RIPE NCC Certification Service
Participation in RIPE NCC Training Courses
2.1.2. Registration of Distributed Internet Number Resources
The RIPE NCC will deregister the relevant Internet number resource records. The procedure for deregistration is described in section B.2. The RIPE NCC will also revoke any certificates generated by the RIPE NCC Certification Service.
2.1.3. Request for Independent Internet Number Resources as a “Sponsoring independent Internet number resources as a “sponsoring LIR”
Members lose their right to request independent Internet number resources as a “sponsoring LIR”. For independent Internet number resources already assigned by them, see below at section B.2.2.
2.2. End of RIPE NCC Member Status member status
Members will also lose their RIPE NCC member status and all relevant rights, such as the right to attend and vote at RIPE NCC General Meetings.
B. Deregistration of Internet Number Resources
1. Reasons for Deregistration of Internet Number Resources deregistration of Internet number resources - Allocations and Independent Internet Number Resources Assigned number resources assigned for the Member's Own Network or Assigned Through a “Sponsoring own network or assigned through a “sponsoring LIR”
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For more information, see section A. For independent
IndependentInternet number resources through a “sponsoring LIR”, see Independent Internet Number Resources – Contractual Relationship Changes between Sponsoring LIR and End User Link: http://www.ripe.net/ripe/docs/lir-end-user-contractual-changesLink: http://www.ripe.net/ripe/docs/lir-dau. Invalidity of original allocation/assignment criteria
Internet number resources are allocated/assigned based on a specific need. When the original technical requirements or the business purpose for the use of the Internet number resources change, the allocation/assignment becomes invalid. If the RIPE NCC notices any change in the original technical criteria or the original business purposes for using the Internet number resources, the RIPE NCC is authorised to deregister the relevant Internet number resources.
Incorrect registration of the allocation/assignment in the RIPE Database
If the allocation/assignment approved by the RIPE NCC is not properly registered in the RIPE Database, the RIPE NCC is authorised to deregister the relevant Internet number resources.
Proper registration must be as follows:
The inetnum and the inet6num object(s) for approved assignments must use the netname(s) approved by the RIPE NCC and not be larger than the size approved by the RIPE NCC
The date in the first “changed:” attribute must not be earlier than the date of approval from the RIPE NCC
The data must be valid and must allow the RIPE NCC to contact the natural person mentioned directly in the inetnum or inet6num object(s) or via the maintainers of the inetnum or inet6num object(s) object within a reasonable time without having to get information from another source
Falsified/incorrect information
If a Member has provided falsified data or information, or purposefully provided incorrect data or information (for example, falsified registration documents or IDs, incorrect/inaccurate contact details, etc.) regarding an allocation or an Independent resource, the RIPE NCC will deregister the relevant records.
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If a Member has submitted a fraudulent request for an allocation or an Independent resource (for example, by providing incorrect purpose/need or falsified information about the network, etc.), the RIPE NCC will deregister the relevant records.
Non-compliance with a RIPE NCC audit
If a Member does not comply with a RIPE NCC audit regarding the registration of an Independent resource that the Member is responsible for as “sponsoring LIR”, the RIPE NCC will deregister the relevant records. Non-compliance includes, but is not limited to, unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests. For more information about the audit procedure, please see RIPE NCC Audit Activity.
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The RIPE NCC is an association under Dutch law. In the event a Dutch court orders deregistration of specific Internet number resources, the RIPE NCC must and will comply.
Independent Internet number resources assigned through a “sponsoring LIR” without an valid contractual relationship
2. Procedures for Deregistration of Different Types of Internet Number Resources deregistration of different types of Internet number resources
2.1 Allocations and Independent Internet Number Resources for Member's Own Network independent Internet number resources for Member's own network
The RIPE NCC will send an official notification by email to all registered contacts stating that the allocation/independent Internet number resources will be deregistered, explaining the reasons for this deregistration and the procedure of the deregistration. The Member will not be able make any further assignments from the allocations.
Should the Member respond within four weeks, the RIPE NCC will provide a timeframe of three months for the Members to take care of any actions necessary for the deregistration of the Internet number resources. In the case of allocations, Members are responsible for requesting that their customers renumber immediately and for providing them with all available options. In particular, Members must refer their customers to the list of other Members. This list is available at:
http://www.ripe.net/membership/indices
During the three-month period:
The Member must stop announcing the allocation/independent Internet number resources
The RIPE NCC will change the mnt-by attribute on the Member's inetnum object to RIPE NCC maintainer and change the status attribute to
object on the Member's records to the status“deregistered maintainer”A warning statement is added to the relevant records of the RIPE Database mentioning the upcoming deregistration of the Internet number resources
The RIPE NCC will revoke any certificates generated by the RIPE NCC Certification Service
After the three-month period, the allocation/assignment will be deregistered from the RIPE Database.
Should the Member not react within four weeks, the RIPE NCC will:
Change the mnt-by attribute on the Member's inetnum object to RIPE NCC maintainer and change the status attribute to
object on the Member's records to the status“deregistered maintainer”; and/orAdd a warning statement to the relevant records in the RIPE Database mentioning the upcoming deregistration of the Internet number resources; and/or
Withdraw the reverse delegation; and/or
Contact the upstream to investigate possible hijacking of Internet number resources; and/or
Delete all relevant objects in the RIPE Database, including allocation/assignment and route objects
Revoke any certificates generated by the RIPE NCC Certification Service.
The sole purpose of these actions by the RIPE NCC is for deregistration of the Internet number resources to reflect reality. As a result, if the Internet number resources are no longer announced after one of these actions, the RIPE NCC might not perform any other actions.
Please note:
If the Member responds, responds but with no intention to comply, comply or objects at some point within the four-week period, the RIPE NCC will allow the time remaining in this four-week period for the Member to submit evidence that there is no reason for the deregistration of the Internet number resources or to request arbitration (see RIPE NCC Conflict Arbitration Procedure). However, if the four-week period expires without the submission of such evidence by the Member or without the submission of a request for arbitration, the RIPE NCC will proceed as if the Member had never reacted (see relevant procedure above). The Member may still request arbitration according to the timeframes of the RIPE NCC Conflict Arbitration Procedure. If the Member requests arbitration, the RIPE NCC will change the mnt-by object on the relevant records to the status “maintainer in dispute” and a warning statement will be added to the relevant records of the RIPE Database until the communication of the arbiter's ruling.
2.2 Independent Internet Number Resources Assigned Through a “Sponsoring number resources assigned through a “sponsoring LIR”
The RIPE NCC will send an official notification to all registered contacts stating that the Independent Internet number resources will be deregistered, explaining the reasons for this deregistration and the procedure for the deregistration. The Member must immediately inform the End User about the imminent deregistration.
During this period:
The End User must stop announcing the Independent Internet number resources
The RIPE NCC will change the mnt-by attribute on the relevant object to RIPE NCC maintainer and change the status attribute to
object on the relevant records to the status“deregistered maintainer”A warning statement is added to the relevant records of the RIPE Database mentioning the upcoming deregistration of the Internet number resources
After the three-month period, the independent Internet number resources will be deregistered from the RIPE Database.
Should the Member not react within four weeks, the RIPE NCC will:
Change the mnt-by attribute on the relevant object to RIPE NCC maintainer and change the status attribute to
object on the relevant records to the status“deregistered maintainer”; and/orAdd a warning statement to the relevant records in the RIPE Database mentioning the upcoming deregistration of the Internet number resources; and/or
Withdraw the reverse delegation; and/or
Contact the upstream to investigate possible hijacking of Internet number resources; and/or
Delete all relevant objects in the RIPE Database, including allocation/assignment and route objects
The sole purpose of these actions by the RIPE NCC is for deregistration of the Internet number resources to reflect reality. As a result, if the Internet number resources are no longer announced after one of these actions, the RIPE NCC might not perform any other actions.
Please note:
If the Member responds, responds but with no intention to comply, comply or objects at some point within the four-week period, the RIPE NCC will allow the time remaining in this four-week period for the Member to submit evidence that there is no reason for deregistration of the Internet number resources or to request arbitration (see RIPE NCC Conflict Arbitration Procedure). However, if the four-week period expires without the submission of such evidence by the Member or without the submission of a request for arbitration, the RIPE NCC will proceed as if the Member had never reacted (see relevant procedure above). The Member may still request arbitration according to the timeframes of the RIPE NCC Conflict Arbitration Procedure. If the Member requests arbitration, the RIPE NCC will change the mnt-by object on the relevant records to the status “maintainer in dispute” and a warning statement will be added to the relevant records of the RIPE Database until the communication of the arbiter's ruling.
C. Legacy Internet Resources
1. Termination of the Legacy Services
This Section describes the reasons for the termination of:
The Legacy Services the RIPE NCC provides to a Member pursuant to the Terms and Conditions Regarding Legacy Internet Resources for Members (section 1.1),
The Legacy Agreement between the RIPE NCC and a Legacy Holder (section 1.2)
1.1 Legacy Services by the RIPE NCC to a Member pursuant to the Terms and Conditions Regarding Legacy Internet Resources for Members
The Legacy Services can be terminated by the Member (see section 1.1.1) or by the RIPE NCC. The Termination by the RIPE NCC can either be with a notice period of three months (see section 1.1.2.1) or for specific reasons with a shorter notice period and immediate effect (see section 1.1.2.2).
1.1.1. Termination by the Member
According to Article 5.2 of the Terms and Conditions Regarding Legacy Internet Resources for Members, the Member shall be entitled to terminate the Legacy Services at any time with a written notice of three months.
Procedure
The notice will formally request the termination of the Legacy Services.
It must be
Dated and signed by an authorised representative of the Member.
Sent to the RIPE NCC by email to <…> or by postal mail to: [address]
The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests regarding Legacy Services is terminated.
The termination of the Legacy Services will take place three months after the receipt of the notice by the RIPE NCC.
1.1.2. Termination by the RIPE NCC
1.1.2.1. Non compliance with contractual responsibilities
According to Article 5.3 of the Terms and Conditions Regarding Legacy Internet Resources for Members, the RIPE NCC can terminate the Legacy Services. Grounds for such termination may be the following:
The Member does no provide the RIPE NCC with complete, updated and accurate information necessary for the provision of the Legacy Services.
The Member does not maintain accurate data in the RIPE Database regarding the Legacy Internet Resources.
The Member does not assist the RIPE NCC with data-accuracy checks in accordance with the procedure described in RIPE NCC procedural documents including the documents “Due Diligence for the Quality of the RIPE NCC Registration Data Link: /due-diligence ”, “RIPE NCC Audit Activity Link: /publications/docs/ripe-423/ ”.
Procedure
If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the Legacy Services, the RIPE NCC will:
Send an email to the registered contact(s) indicating
The violation
The Member's obligation to stop/repair the violation
The termination of the Legacy Services in three months if the violation continues
Terminate the progress of any open requests related to Legacy Services
Add the remark "under review" in the RIPE Database resource object.
Add a warning statement to the relevant records of the RIPE Database mentioning that the Legacy Internet Resources are not in compliance with data accuracy obligations
Revoke any certificates generated by the RIPE NCC Certification Service Relating to Legacy Internet Resources.
If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:
The violation
The Member's obligation to stop/repair the violation
The termination of the Legacy Services in two months if the violation continues
After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:
The violation
The Member's obligation to stop/repair the violation
The termination of the Legacy Services in one month if the violation continues
After 90 days from the date of the first email, if the Member continues not to comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Services to all registered postal and email addresses of the Member.
1.1.2.2. Termination with immediate effect
According to Article 5.4 of the Legacy Agreement, the RIPE NCC can terminate the Legacy Services with immediate effect for the following reasons:
- The Member's SSA is terminated for any reason.
Upon termination of the Member's SSA (see section A of this document), the Legacy Services are also terminated without any further notification to be necessary. - The Member transfers the Legacy Internet Resources to a third party.
If the Member transfers the Legacy Internet Resources to a third party, the Legacy Services provided by the RIPE NCC regarding these Legacy Internet Resources are not transferred to the third party. The third party has to sign a contractual agreement with either the RIPE NCC or a sponsoring LIR. - Member has no rights to use the Legacy Internet Resources
If a third party provides sufficient evidence proving the Legacy Internet Resources must not be registered with the Member, the RIPE NCC will immediately terminate the Legacy Services.
If the sufficient evidence refers to some of the Legacy Internet Resources, the RIPE NCC may decide not to terminate all Legacy Services but only those related to the Legacy Internet Resource in doubt. - Reasons beyond control of the RIPE NCC
The RIPE NCC may terminate the Legacy Services if the continuation of the Legacy Services is impossible for reasons above and beyond control by the RIPE NCC or if the RIPE NCC cannot reasonably be required to continue the Legacy Services for reasons that cannot be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the Legacy Services
The immediate termination of the Legacy Services
Terminate the progress of any open requests related to Legacy Services
1.2 Legacy Agreement between the RIPE NCC and a Legacy Holder
The Legacy Agreement can be terminated by the Legacy Holder (see section 1.2.1) or by the RIPE NCC. The Termination by the RIPE NCC can either be with a notice period of three months (see section 1.2.2.1) or for specific reasons with a shorter notice period and immediate effect (see section 1.2.2.2).
1.2.1. Termination by the Legacy Holder
According to Article 7.2 of the Legacy Agreement for Members, the Member shall be entitled to terminate the Legacy Agreement at any time with a written notice of three months.
Procedure
The notice will formally request the termination of the Legacy Agreement.
It must be
Dated and signed by an authorised representative of the Legacy Holder.
Sent to the RIPE NCC by email to <…> or by postal mail to: [address]
The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests regarding Legacy Services under the Legacy Agreement is terminated.
The termination of the Legacy Agreement will take place three months after the receipt of the notice by the RIPE NCC.
Billing issues
All outstanding amounts for the full year must be settled unless otherwise agreed.
1.2.2. Termination by the RIPE NCC
1.2.2.1. Non compliance with contractual responsibilities
According to Article 7.3 of the Legacy Agreement, the RIPE NCC can terminate the Legacy Agreement. Grounds for such termination may be the following:
The Legacy Holder does no provide the RIPE NCC with complete, updated and accurate information necessary for the provision of the service under the Legacy Agreement.
The Legacy Holder does not maintain accurate data in the RIPE Database regarding the Legacy Internet Resources.
The Legacy Holder does not assist the RIPE NCC with data-accuracy checks in accordance with the procedure described in RIPE NCC procedural documents including the documents “Due Diligence for the Quality of the RIPE NCC Registration Data Link: /due-diligence ”, “RIPE NCC Audit Activity Link: /publications/docs/ripe-423/ ”.
The Legacy Holder does not comply with an arbiter ruling (see RIPE NCC Conflict Arbitration Procedure Link: /about-us/legal/arbitration/ ).
Procedure
If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the Legacy Agreement, the RIPE NCC will:
Send an email to the registered contact(s) of the Legacy Holder indicating:
The violation
The Legacy Holder's obligation to stop/repair the violation
The termination of the Legacy Agreement in three months if the violation continues
Terminate the progress of any open requests related to the Legacy Agreement
Add the remark "under review" in the RIPE Database resource object.
Add a warning statement to the relevant records of the RIPE Database mentioning that the Legacy Internet Resources are not in compliance with data accuracy obligations
Revoke any certificates generated by the RIPE NCC Certification Service relating to Legacy Internet Resources
If the Legacy Holder does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:
The violation
The Legacy Holder's obligation to stop/repair the violation
The termination of the Legacy Agreement in two months if the violation continues
After 60 days from the date of the first email, if the Legacy Holder still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:
The violation
The Legacy Holder's obligation to stop/repair the violation
The termination of the Legacy Agreement in one month if the violation continues
After 90 days from the date of the first email, if the Legacy Holder continues not to comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
Billing issues
All outstanding amounts for the full year must be settled unless otherwise agreed.
1.2.2.2. Termination with immediate effect
According to Article 7.4 of the Legacy Agreement, the RIPE NCC can terminate the Agreement with immediate effect for the following reasons:
Legacy Holder files for bankruptcy, is liquidated, suspends its payments or becomes insolvent
Upon receipt of the documents stating the bankruptcy, liquidation, suspension of payments or insolvency of the Legacy Holder by the relevant authority or by public announcement of the fact, the RIPE NCC will terminate the Legacy Agreement. If the relevant national authority decides that the Legacy Holder's operations can continue, and provided that the Legacy Holder fulfills the obligations coming from the Legacy Agreement, the RIPE NCC will not terminate the Legacy Agreement.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) and/or to the legal successor indicating:
The reason for termination of the Legacy Agreement
The immediate termination of the Legacy Agreement
Terminate the progress of any open requests related to the Legacy Agreement
The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered contacts of the Legacy Holder or to the legal successor, both by electronic and registered postal mail.
Legacy Holder damages the name, trademarks or intellectual property rights of the RIPE NCC
Examples:
The Legacy Holder pretends to be, or to act on behalf of, the RIPE NCC through misuse of the RIPE NCC name or logo
The Legacy Holder unreasonably makes allegations against the RIPE NCC in order to damage the RIPE NCC's reputation and operations, resulting in irreversible damage to the RIPE NCC
Procedure:
The RIPE NCC will
Send an email to the registered contact(s) indicating:
The violation
The Legacy Holder's obligation to stop/repair the violation
The termination of the SSA if the violation continues
Terminate the progress of any open requests related to the Legacy Agreement
If the Legacy Holder does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating the same as above.
After 60 days from the date of the first email, if the Legacy Holder still does not comply, the RIPE NCC will send a second reminder email to the registered contact(s) indicating the same as above.
After 90 days from the date of the first email, if the Legacy Holder continues not to comply, the RIPE NCC will send a third reminder email and a reminder by postal mail to the registered email and postal addresses indicating the same as above.
After 120 days from the date of the first email, if the Legacy Holder still does not comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
Member fails to submit to the RIPE NCC a valid extract from the Commercial Trade Register or equivalent register
When initially signing the Legacy Agreement, the Legacy Holder must submit to the RIPE NCC an extract from the Commercial Trade Register or equivalent document providing the registration of the Legacy Holder's business with the national authorities (see Article 2.2 of the Legacy Agreement).
If the Legacy Holder is a natural person, the RIPE NCC requires submission of any identification papers (passport, driving license or other official document proving the identity of the individual).
If the Legacy Holder is a legal person, identification papers are also required for the authorised person signing the Legacy Holder on behalf of the legal person.
If there is any change in the Legacy Holder's business after signing the Legacy Agreement (for example, the Legacy Holder has merged with another company, has changed name, etc.) and, because of this change, the Legacy Holder's registration with the relevant register has been changed, then the Legacy Holder is obliged to submit the updated registration papers to the RIPE NCC.
If the Legacy Holder does not submit the aforementioned documents within one month of them being requested by the RIPE NCC, the RIPE NCC will terminate the Legacy Holder (see Article 7.5.d of the Legacy Agreement).
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The Legacy Holder's obligation to submit the relevant documents
The termination of the Legacy Agreement if the documents are not submitted
Terminate the progress of any open requests related to the Legacy Agreement
If the Legacy Holder does not comply within 15 days of the date of the email, the RIPE NCC will send a reminder email and a notification by postal mail to the registered email and postal addresses indicating the same as above.
After 30 days from the date of the first email, if the Legacy Holder continues not to comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
The Member fails to observe any rule of applicable law
The Legacy Agreement is exclusively governed by the laws of the Netherlands because the RIPE NCC is an association under Dutch law. The RIPE NCC is allowed to terminate the Legacy Agreement of a Legacy Holder with immediate effect, provided it receives a Dutch court order to do so.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the Legacy Agreement
The immediate termination of the Legacy Agreement
Terminate the progress of any open requests related to the Legacy Agreement
The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement. to all registered postal and email addresses of the Legacy Holder.
-
In case of non-payment, in accordance with the RIPE NCC Billing Procedure, the Legacy Agreement is terminated after 120 days. For more information, please see the RIPE NCC Billing Procedure Link: /lir-services/billing/procedure .
-
The RIPE NCC concludes the Legacy Agreement and provides services to Legacy Holder in good faith. The Legacy Holder is in breach of good faith, if the Legacy Holder repeatedly provides falsified data or information, or purposefully and/or repeatedly provides incorrect data or information (for example, falsified registration documents or IDs, incorrect/inaccurate contact details, etc.).
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the Legacy Agreement
The immediate termination of the Legacy Agreement
Terminate the progress of any open requests related to the Legacy Agreement
The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
Non-compliance with RIPE NCC audits
Non-compliance with RIPE NCC audits includes repeated unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests regarding registrations of Internet number resources for the Member's own network. For more information about the audit procedure, please see the procedural document RIPE NCC Audit Activity.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the Legacy Agreement
The immediate termination of the Legacy Agreement
Terminate the progress of any open requests related to the Legacy Agreement.
The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
Reasons beyond control of the RIPE NCC
If the continuation of the Legacy Agreement is impossible for reasons above and beyond control by the RIPE NCC or if the RIPE NCC cannot reasonably be required to continue the Legacy Agreement for reasons that can not be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles, the RIPE NCC may terminate the Legacy Agreement.
Procedure
The RIPE NCC will:
Send an email to the registered contact(s) indicating:
The reason for termination of the Legacy Agreement
The immediate termination of the Legacy Agreement
Terminate the progress of any open requests for RIPE NCC services
The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Holder.
Billing issues
All outstanding amounts for the full year must be settled unless otherwise agreed.
The Legacy Holder transfers the Legacy Internet Resources to a third party
If the Legacy Holder transfers the Legacy Internet Resources to a third party, the Legacy Services provided by the RIPE NCC regarding these Legacy Internet Resources are not transferred to the third party. The third party has to sign a contractual agreement with either the RIPE NCC or a sponsoring LIR.
The Legacy Holder has no rights to use the Legacy Internet Resources
If a third party provides sufficient evidence proving the Legacy Internet Resources must not be registered with the Legacy Holder, the RIPE NCC will immediately terminate the Legacy Agreement.
If the sufficient evidence refers to some of the Legacy Internet Resources, the RIPE NCC may decide not to terminate the Legacy Agreement but to update it by removing the Legacy Internet Resource in doubt.
2. Consequences
This Section describes the consequences of the termination of :
The Legacy Services the RIPE NCC provides to a Member pursuant to the Terms and Conditions Regarding Legacy Internet Resources for Members,
The Legacy Agreement between RIPE NCC and a Legacy Holder or
The Legacy Agreement between a Legacy Holder and a sponsoring LIR.
Upon termination of the Legacy Service/Agreement for reasons of non-compliance with contractual responsibilities (see above Section 1.1.2.1):
The RIPE NCC will add the remark “No-contract” in the RIPE Database resource object; and
A warning statement will be added to the relevant records in the RIPE Database mentioning that the Legacy Internet Resources are not covered by a contractual relationship;
The RIPE NCC will withdraw the reverse delegation; and
The RIPE NCC will not be obliged to keep providing the holder with services other than those provided, with regards to each Legacy Internet Resources immediately before the agreement to the Terms and Conditions Regarding Legacy Internet Resources for Members or the signing of the Agreement. This does not include the reverse delegation.
Upon termination of the Legacy Service/Agreement for any other reason:
The RIPE NCC will add the remark “No-contract” in the RIPE Database resource object; and
A warning statement will be added to the relevant records in the RIPE Database mentioning that the Legacy Internet Resources are not covered by a contractual relationship; and
The RIPE NCC will not be obliged to keep providing the holder with services other than those provided, with regards to each Legacy Internet Resources immediately before the agreement to the Terms and Conditions Regarding Legacy Internet Resources for Members or the signing of the Legacy Agreement.
3. Change of status of Legacy Internet Resources
If a Legacy Holder (Member or not) wants to have particular Legacy Internet Resources registered as if they had been distributed by the RIPE NCC, the Legacy Holder must send an email to [email protected] Link: mailto:[email protected] . In the email the Legacy Holder must:
Indicate the Legacy Internet Resources and
Acknowledge that the RIPE NCC will apply for these resources the RIPE policies concerning Internet number resources distributed by the RIPE NCC.
The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon sent of such notice, the resources will be considered as distributed by the RIPE NCC.
4. Deregistration of Legacy Internet Resources
If a Legacy Holder (Member or not) wants to deregister particular Legacy Internet Resources, the Legacy Holder must send an email to [email protected] Link: mailto:[email protected] . In the email the Legacy Holder must:
Indicate the Legacy Internet Resources and
Acknowledge that he/she resigns from any rights with regards to these resources.
The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon sent of such notice, the Legacy Holder must stop announcing the Legacy Internet Resources. The RIPE NCC will:
Change the mnt-by attribute on the relevant object to RIPE NCC maintainer and change the status attribute to “deregistered maintainer”
Withdraw the reverse delegation;
Delete all relevant objects in the RIPE Database, including route objects
NOTE: This document might change due to future policy changes. If this happens, the RIPE NCC will send a notification to the RIPE NCC Services Working Group Mailing List. mailing list.