ICANN and NeuStar agree that the following modification is added
to Section 3.1.1, Appendix 7 of the 8 December 2006 .BIZ Registry
Agreement:
[old text]
Delete. If a domain is deleted within the Add
Grace Period,
the sponsoring Registrar at the time of the deletion is credited for
the amount of the registration; provided, however, that Registry Operator
shall have the right to charge Registrars a fee as set forth in its
Registry-Registrar Agreement for deletes during the Add Grace Period.
The domain is deleted from the Registry database and is immediately
available for registration by any Registrar. See Section 3.2 for a
description of overlapping grace period exceptions.
[new text]
Delete . If a domain is deleted within the Add Grace
Period, the sponsoring Registrar at the time of the deletion
is credited for the amount of the registration. However, the Registrar’s
account will be reconciled at the end of the month for the number
of deletions during the AGP that exceed the maximum of (i) 10% of
its new registrations or (ii) fifty (50) domain names, whichever
is greater. The fee imposed on those deletions exceeding
the previously stated monthly maximum level will be the amount of
the original registration, absent extraordinary circumstances.
For any registrar requesting an exemption from this excessive
domain name deletion fee, the registrar must confirm in writing
to the Registry Operator how these extraordinary circumstances were
not known, or could not have been reasonably known, at the time
the names were deleted and how these extraordinary circumstances
were outside of its control. Registry Operator’s determination
of whether or not to grant an exemption shall be at its sole
reasonable discretion.
The parties have duly executed this Amendment as of
___________ 2008.