Qualifications and Application Procedures for Domain Name Registrars

Taiwan Network Information Center
Guidelines for Authorization of Domain Name Registration Services

Promulgated July 28, 2000
Amended December 4, 2001
Amended May 15, 2003

[Translation] 1

Article 1, Bases of the Guidelines
These Guidelines are promulgated by Taiwan Network Information Center (hereinafter referred to as "TWNIC") in accordance with the "Guidelines for Administration of Domain Name Registrations" to regulate related matters in authorizing Registrars to handle applications for Domain Name registration.

Article 2, The terms as used in these Guidelines shall have the following definitions:

1. Domain Name System, "DNS" in abbreviation: The system in hierarchical tree structure, with a top-down authorization control, enabling the reflection and conversion of Domain Names to Internet Protocol Addresses and other data.

2. Registry: A juristic person of non-profit organization participating in the administration of Internet Protocol Address registrations or Domain Name registrations.

3. Registrar: A juristic person participating in the registration services (of Domain Names) under the authorization of a Registry.

Article 3, Scope of Authorized Services

1. Services regarding the Domain Name registration as authorized to Registrars by TWNIC include services in the application, correction, transfer, cancellation of Domain Name registrations and necessary examinations.

2. TWNIC shall have the right to authorize a Registrar to provide all or a part of the services as provided in the preceding Paragraph 1, based on the conditions of such Registrar.

Article 4, Application for Authorization and Examination thereof

1. In applying for being authorized as Registrar, the candidate shall submit in accordance with these Guidelines to TWNIC for examination a written proposal, attached with related certificates, licenses and other required documents. None shall provide services in the registration of Domain Names before one's application is approved by TWNIC, has entered into the "Domain Name Registrar Authorization Contract" (hereinafter referred to as the "Contract") with TWNIC and has paid the authorization fee and the annual maintenance fee pursuant to Article 6 of these Guidelines.

2. The written proposal of the preceding Paragraph 1 shall include description of existing software, hardware and equipments, human resources and management structure of the candidate. To be authorized as a Registrar, a candidate shall qualify all the requirements as provided in the "Qualification of Domain Name Registrars" attached to these Guidelines.

3. The "Domain Name Committee" of TWNIC shall examine on the written proposal as submitted by the candidate and provide its opinions. Site investigation will be conducted if necessary.

Article 5, Assessment of Registrars

1. TWNIC shall have the right to assess from time to time the authorized Registrars at a random basis. If a Registrar is found not qualified, TWNIC shall request the Registrar to submit a proposal of correction and the Registrar shall correct such non-qualification within thirty(30) days; Otherwise TWNIC shall have the right to terminate its authorization and request the Registrar to return all data relating to registrants of Domain Names to TWNIC. TWNIC shall have the right to request the Registrar to recover damages so caused, if any.

2. Assessment of Registrars shall be conducted in pursuant to assessment policies to be promulgated announced by TWNIC separately.

Article 6, Fee Collection

1. 1. An authorization fee and annual maintenance fees (including software maintenance fee and technical service fee) shall be payable by the Registrars based on the scope of services as authorized to it. In addition, the Registrar shall pay to TWNIC registration fees or maintenance fees calculated according to the number of domain Domain Names registered through such Registrar pursuant to the Contract. Such registration fees or maintenance fees shall be calculated and paid collected monthly. TWNIC shall have the right to enact fee collection policies applicable to be applied to Registrars separately according to their substancesconditions.

2. The Registrar shall collect Domain Name registration fees (new registrants only) and maintenance fees from registrants according to the fee schedules as announced by TWNIC. The Registrar may apply fee schedules with a lower rate than that announced by TWNIC.

3. No refund shall be allowed to the fees as provided in Paragraph 1 of this Article 6 after such fees are collected; Provided, however, that such fees may be refunded in ratio without any interest to Registrars according to Paragraph 1 of Article 8.

Article 7, Term and Termination of Authorization

1. The effective term of the Contract shall be determined mutually by the Registrar and TWNIC but shall not be longer than two(2) years. The Contract may be renewed with the consent of TWNIC three(3) months prior to its expiration. No renewal shall be allowed for a term longer than two(2) years.

2. During the effective term of the authorization, if the Registrar commits a material breach of the Contract and fails to correct such breach before a deadline specified by TWNIC, TWNIC shall have the right to terminate the authorization. The Registrar shall recover TWNIC for its damages so caused.

Article 8, Interruption of Services

1. In case TWNIC decides to terminate its services in the administration of Domain Name registrations for certain reasons, it shall notify all Registrars at least six(6) months before such termination and shall take all means provided in the “Taiwan Network Information Center - Guidelines for Administration of Domain Name Registrations”. In no case shall TWNIC be responsible to Registrars and their registrants except for those responsibilities as provided in said “Guidelines”.

2. In case the Registrar terminates its service in the Domain Name registration under the consent of TWNIC, or its authorization is terminated by TWNIC, the Registrar shall, in accordance with TWNIC instruction, return to TWNIC, deliver to a third party or allow TWNIC to take over all registration information of its registrants. If the Registrar fails to comply with TWNIC instruction, TWNIC shall have the right to process at its own option and shall have the right to recover any damage so caused from the Registrar.

3. The preceding Paragraph 2 shall apply mutates mutandis to the situation where the services of the Registrar is interrupted for fourteen(14) days without a reasonable cause.

Article 9, Amendments
These Guidelines shall be effective after they are passed by the Domain Name Committee of TWNIC and announced by TWNIC. Same rule shall apply to their amendments.

Attachment: Qualification of Domain Name Registrars
Candidates of Domain Name Registrars shall qualify the following requirements:

1. A Registrar shall be a company duly incorporated under the competent laws and having a paid-in capital of at least New Taiwan Dollars 10,000,000, or a juristic person or institute such as association of enterprises, association of common interests, academic association etc., duly established under the competent laws and having a business related to Internet services.

2. If a candidate is an incorporated juristic person, its director, auditor, manager or shareholder with least 5% of issued shares shall not commit any of Items 1 to 5 of Article 30, the Company Law of Taiwan, the Republic of China.

3. A Registrar shall provide registrants a 24-hour, stable and real-time registration service system. Such system shall include a server, a software platform (including operation system, database and necessary related application software), a networking system, broadband and other equipments as TWNIC deems necessary.

4. A Registrar shall provide a security system to ensure that data of registrants shall not be stolen, misappropriated, disclosed, damaged, changed or otherwise hazarded. Such system shall include a substantial security measurements such as access control, fire-fighting and security systems, and information security hardware and software system, such as firewall, backup power and related systems.

5. A Registrar shall maintain a proper number of technicians to conduct 24-hour, whole day monitoring of Domain Name registrations and correct and enhance system software from time to time in compliance with the requirements of TWNIC.

6. A Registrar shall maintain a sufficient number of service staffs to provide 24-hour, whole day services in helping registrants to solve all kinds of problems. If necessary TWNIC shall have the right to request the Registrar to modify its service system, such that service quality may be ensured.

7. A Registrar shall hire marketing and public relations staff to conduct promotions of Domain Name registrations in cooperation with TWNIC.

1 In case of any discrepancy between this translation and the original Chinese text, the Chinese text shall govern. Terms in this translation expressed in the singular should be construed as also including the plural, and vice versa.