[ppml] Posting of Legacy RSA and FAQ

[William Herrin]

On 10/13/07, Member Services <info at arin.net> wrote:
> http://www.arin.net/registration/agreements/legacy_rsa.pdf.

First, thanks to Ray and the rest. This is a big step in the right direction.

I'd like to offer some thoughts and suggestions:

Major suggestions:

As others have mentioned, this contract is a little lopsided against
the registrant. This can be directly cured in 14d and 14e. Consider
the following replacements:

(d) Termination by Legacy Applicant Through Return of Number
Resources. Legacy Applicant shall have the right to terminate this
agreement by submitting thirty (30) days prior written notice to ARIN
of its intent to end the agreement.

(e) Effect of Termination. If this Legacy Agreement expires or is terminated:
(i) ARIN may immediately cease providing services including but not
limited to whois and reverse DNS delegation and will have no liability
for doing so,
(ii) Legacy Applicant must immediately pay ARIN any outstanding fees
that Legacy Applicant owes,
(iii) All involuntary revocation activity taken by ARIN against the
registrant in the 90 days preceding termination shall be void, and
(iv) All legal rights to use the number resources then remaining
active under the Legacy Agreement shall return to the legacy
registrant.


Explanation: This would give the legacy registrant the final trump
card, which is as it should be. If ARIN ever meaningfully oversteps
its bounds, the Legacy Registrant reserves the right to walk away.
ARIN would have no further legal or moral responsibilities due that
registrant (no RDNS, no whois, nothing) but ARIN would also have no
rights arising under this agreement to reclaim the number resources
unless the agreement itself continues.



Minor suggestions:

Remove 15i. Its obviously false and might piss off the court in an
action arising out of the contract. I understand the purpose; it
attempts to get around a normal legal right associated with
non-negotiated contracts. Don't do it; the courts have good reason to
construe contracts against the drafter.

Regards,
Bill Herrin