[arin-announce] New Version of the Legacy RSA Released

[Member Services]

Today ARIN is happy to announce Version 2.0 of the Legacy Registration 
Services Agreement (“LRSA”). In October 2007, ARIN announced the 
availability of the LRSA, designed to be a “light” contract that would 
provide Legacy address holders clear authority to demonstrate their 
right to use number resources provided to them prior to ARIN’s 
existence. From February 2008 through April 2008, ARIN sent letters to 
Class A and B holders of Legacy space, inviting attention to the LRSA.

To date, over 300 entities have either signed LRSAs or have submitted 
applications that are working through the normal administrative process. 
ARIN expects the pace and number of signed LSRAs to increase repeatedly 
as we send letters to Class C holders and others who currently hold 
Legacy space, and as experience grows with the LRSA.

Version 2.0 contains a series of changes designed to address community 
input and the operational experience obtained from the first few months 
of working with the LRSA. Below you will see an extended description of 
each change. The first three revisions listed below represent major 
changes to the LRSA, and the rest are minor but consistent changes. In 
summary, ARIN has modified the LRSA to ensure that Legacy holders have 
confidence that the likelihood of any series of events occurring, which 
could lead to the revocation of Legacy number resources, is 
extraordinarily limited and remote.

Modifications to the LRSA as reflected in Version 2.0 include the following:

1. In Paragraph 14(a), concerning Term and Termination, we have removed 
ARIN’s right to terminate the LRSA for convenience; however, the Legacy 
address holder still has the privilege to terminate the LRSA for 
convenience after providing written notice. This specific revision 
addresses many concerns expressed by Legacy address holders, who felt 
that Paragraph 14(a) provided ARIN with the right to terminate, 
unfairly, for convenience and, in doing so, to revoke the Included 
Number Resources, as provided in Paragraph 14(e).

2. Paragraph 6(b) now includes another option to address nonpayment, 
providing ARIN the option to stop the provision of services in lieu of 
revocation and/or termination of the Legacy Agreement. The addition of 
this flexibility is in favor of the Legacy address holders, and it 
provides ARIN with an option short of revocation of the Included Number 
Resources to address nonpayment while retaining the revocation option. 
Because either of these options has implications to the Internet 
community, the appropriate response in such situations may change over 
time based on community feedback and direction. ARIN has reserved both 
courses of action as a necessary precaution.

3. For the same reasoning as described with regard to Paragraph 6(b) 
above, Paragraph 15(k) now provides that ARIN’s termination under this 
provision (force majeure) cannot result in a revocation of the Included 
Number Resources. Instead, the paragraph now provides that if, pursuant 
to the force majeure paragraph, ARIN terminates the Legacy RSA, then the 
Included Number Resources will resume the status they had prior to the 
executed LRSA. The outcome is the same as the one in Paragraph 14(c) 
concerning the Legacy Applicant’s successful termination for cause. 
Paragraph 14(e) reflects this revision.

4. ARIN revised references to its “sole and exclusive” discretion so 
that these references now read “sole, exclusive, and reasonable 
discretion.” Examples can be found in paragraphs 3 and 4(b). This 
revision serves as a limitation on ARIN’s discretion while advocating 
the Legacy address holder.

5. In Paragraph 4(d), the revisions clarify the nature of relevant legal 
violations as well as further noting the necessity of a definitive or 
final ruling of violation. Additionally, unnecessary language was removed.

6. Paragraph 5(c) now includes “and/or employees with Authority.” This 
was a conforming change, making the paragraph consistent with Paragraph 
5(a).

7. Paragraph 12 includes clarifications regarding bankruptcy. In 
Paragraph 12, a new specific reference to Paragraph 9 highlights ARIN’s 
key concern should the Legacy address holder file bankruptcy. 
Unnecessary language was also removed.

8. Paragraph 15(a) includes several revisions. First, the different 
assignment clauses were broken out into separate paragraphs for clarity. 
What is now 15(a)(ii) has been revised so that it reads in conjunction 
with Paragraph 14 concerning bankruptcy with regards to executory 
contracts. What is now 15(a)(iii) was modified so that it reads as 
follows: "[t]he event of any transaction (whether a merger, acquisition, 
or sale) in which Legacy Applicant's controlling managerial and/or 
voting interest changes during the term of this Legacy Agreement shall 
be considered an assignment, so long as the Legacy Applicant provides 
ARIN with written notification within thirty (30) days of such 
assignment." Prior to this revision, such assignments required ARIN’s 
written affirmative consent. This revision addresses the needs of 
corporations and other large applicant entities that require this type 
of flexibility and assurance.

To view the LRSA Version 2.0 or the FAQ, please see
http://www.arin.net/registration/legacy/.

Organizations that have signed the LRSA have the option to retain their 
existing version or sign Version 2.0 superseding their prior version.

Anyone needing information about Legacy space in general or the LRSA can 
call the Registration Services Help Desk at +1-703-227-0660 or send an 
e-mail to hostmaster at arin.net.



Regards,


Raymond A. Plzak
President and CEO
American Registry for Internet Numbers (ARIN)