[ppml] Comments on Legacy Registration Service Agreement

[Keith W. Hare]

Here are my comments on the Legacy RSA Version 1.0

Section 3 "EVALUATION AND ACCEPTANCE"

"ARIN will promptly evaluate..." RSA: Version 9.1 does not contain the
word "promptly".  Does this suggest that the standard applications are
not evaluated promptly?

Section 4 "CONDITIONS OF SERVICE", paragraph (d) "Prohibited Conduct."

This section seems pretty wide reaching, but the paragraph in the Legacy
RSA is identical to the paragraph in the standard RSA.  Since it is not
clear to me (at least) what "applicable laws, statutes or regulations"
are, I will be careful not to violate any zoning ordinances.

Section 6 "FEES; PAYMENTS", paragraph (b) "Annual Maintenance Fees..."

Compare the following sentence:

    ARIN has the right to: (i) revoke the included number 
    resources if unpaid after 12 months of the due date, 
    and/or ARIN is unable to contact the Applicant after 
    12 months, or (ii) terminate this Legacy Agreement 
    and stop providing the services.

to the last sentences in Section 4 "CONDITIONS OF SERVICE", paragraph
(c) "Cooperation":

    If Legacy Applicant does not provide ARIN with required 
    information, assistance, or cooperation that ARIN requests, 
    ARIN may: (i) take such failure into account in determining 
    Legacy Applicant's future allocation/assignment of additional
    number resources, and/or (ii) terminate this Legacy Agreement.

I prefer the wording in the "Cooperation" paragraph.  However, the
legacy resource holders that sign this agreement are most likely to be
the ones who want additional resources and services, I don't see a lot
of risk to a legacy resource holder (to me at least) in "Annual
Maintenance Fees" wording.

Section 8 "REVIEW OF LEGACY APPLICANT'S NUMBER RESOURCES"

First sentence "ARIN may, no more other than annually..." seems to have
an extra "other".  This sentence would read better if it said:

  ARIN may, no more than annually...


Section 9 "NO PROPERTY RIGHTS" says:

    Legacy Applicant acknowledges and agrees that 
    the number resources are not property...

This section has generated some amount of heated discussion.  Since I
have a legacy /24, I'm unlikely to be able to subdivide it and sell off
parts (at least not routable parts), so I can live with this.  


INDEMNIFICATION -- I noticed that the Legacy RSA does not include the
INDEMNIFICATION section that is in the standard RSA.  Since the
INDEMNIFICATION section in the regular RSA looks pretty one-sided, not
having it is a good thing.

Section 14 TERM AND TERMINATION, paragraph (e) "Effect of Termination"
says:

    (e) Effect of Termination. If this Legacy Agreement 
    expires or is terminated: (i) ARIN will immediately 
    revoke the number resources and otherwise cease providing
    the Services and will have no liability for doing so, and
    (ii) Legacy Applicant must immediately pay ARIN any 
    outstanding fees that Legacy Applicant owes.

Since the Legacy RSA is an agreement for services for number resources,
not an agreement to allocate those number resources, termination of the
agreement should only result in termination of the services.


With a couple of tweaks, I'd be willing to sign this Legacy RSA.

Keith

______________________________________________________________
 
Keith W. Hare                     JCC Consulting, Inc.
keith at jcc.com                     600 Newark Road
Phone: 740-587-0157               P.O. Box 381
Fax: 740-587-0163                 Granville, Ohio 43023
http://www.jcc.com                USA
______________________________________________________________