Comments on Proposed Finall RAA

["Tamara Khramtsova" <tph@xxxxxx>]

Dear Sir or Madam,

I represent RU-CENTER.
Please see comments of the RU-CENTER:

3.3.5. - The Registrar shall not impose any other data use terms and 
conditions, except those authorized under the ICANN Policy.

We are a personal data operator and collect, process and store any personal 
data in the Russian Federation in conformance with the
Russian laws in effect.
Irrespective of the contractual jurisdiction, we shall be obliged to comply 
with the standards of the national personal data
legislation, as well as with the relevant ICANN Policy.

3.7.4. - We cannot guarantee that a customer who pays for any service via a 
payment system does not withdraw its payment; any
customer is entitled to do so under the payment system regulations, while the 
Registrar's opinion to this effect is totally
disregarded.

With regard to extending the list of reasons to justify an accreditation 
withdrawal (cybersquatting) and to adding Subsection 3.7.7.

Question: Will the provision of the service "soon-to-expire domain 
registration" be enabled?
The Agreement specifies that a domain may be held by a legal entity or by an 
individual other than the Registrar.
The Registrar shall only be entitled to act as a Registrant in respect of any 
domains registered for the service provision purposes.
  
3.12.1. - The Resellers (nic-reg partners) do not have to display the 
Registrar's logo.
This being said, they are not entitled to positioning themselves as independent 
Registrars.
In fact, the clause ties up the partner's hands: it can neither call itself a 
Registrar, nor can it name the Registrar who actually
provides the service. 

A customer / consumer shall be entitled to receiving information on the service 
provider or any other information needed to
implement its right to a domain. By failing to indicate the Registrar, the 
partner deprives its customer of the information where it
should seek support or where to file any right assignment applications, etc. 

The clause is not acceptable.
It is not after the domain has already been registered that the partner is only 
allowed to provide a Whois reference for the
Registrar's identification (at the customer's request).
As a matter of fact, it means that the customer cannot receive information in 
full until after it has made payment.
Our national legislation provides for sanctions to be imposed for any such 
arrangements.

-- 
Best regards,
Tamara Khramtsova
head of project
RU-CENTER
Phone: +7 (495) 994-4601
       +7 (495) 737-0601
Fax:   +7 (495) 737-0602
http://www.nic.ru/en