I have been asked to clarify the privacy issues regarding the registration of a domain name through OpenSRS, as specified in Clause 19 of the COM/NET/ORG registration agreement. I understand that 3rd parties may exploit WHOIS information without our knowledge or permission, but I was asked if Clause 19 specifically forbids the RSP or OpenSRS from making registration information available to 3rd parties without the registrants consent. We have no intention of making this information available except where it is already accessible (i.e. through WHOIS which is essentially mandatory for all domain names), but I need to know if it is forbidden by this contract for OpenSRS to make the info available by selling to a mailing list, for example. I have included the relevant portion of the contract below for your reference. I would appreciate any comments from other RSPs regarding their interpretation of this clause. > 19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge > that we will make domain name registration information you provide available > to ICANN, to the registry administrators, and to other third parties as ICANN > and applicable laws may require or permit. You further agree and acknowledge > that we may make publicly available, or directly available to third party > vendors, some, or all, of the domain name registration information you > provide, for purposes of inspection (such as through our WHOIS service) or > other purposes as required or permitted by ICANN and the applicable laws. > > You hereby consent to any and all such disclosures and use of, and guidelines, > limits and restrictions on disclosure or use of, information provided by you > in connection with the registration of a domain name (including any updates to > such information), whether during or after the term of your registration of > the domain name. You hereby irrevocably waive any and all claims and causes of > action you may have arising from such disclosure or use of your domain name > registration information by us. > > You may access your domain name registration information in our possession to > review, modify or update such information, by accessing our domain manager > service, or similar service, made available by us through your RSP. > > We will not process data about any identified or identifiable natural person > that we obtain from you in a way incompatible with the purposes and other > limitations which we describe in this Agreement. > > We will take reasonable precautions to protect the information we obtain from > you from our loss, misuse, unauthorized access or disclosure, alteration or > destruction of that information. Thanks in advance for your input. -- John Keegan [EMAIL PROTECTED] http://RackShare.com
