Tony Rutkowski wrote:

>This standard indemnification provision applies to the
>Second Level Domain registrants vis-a-vis NSIRegistry.Net.
>It simply says that if the SLD does something that results
>in NSIRegistry.net getting dragged as a third party into
>litigation as a result of the SLD's action, that SLD will pay
>NSIRegistry.net's related costs.  It is entirely reasonable
>and appropriate, and I expect that every registrar will
>have a similar provision regarding themselves and SLD
>registrants.

No, Tony, the reference doesn't leave it as indemnification as a result of
something that the SLD has done.  The indemnification is much, much
broader.

Why should the registry be immune to ANY AND ALL claims, damages,
liabilities, ... covering mistakes that may occur at the registry level.
S--- happens.  Companies should acknowledge this and be prepared to accept
responsibility for their mistakes.   As I read this, the burden of
responsibility for any errors by the registry has been shifted to the
registar. The SLD now has no direct recourse if he/she is damaged by
something the registry has done.


"Registrar's dispute policy shall require the SLD holder to indemnify,
defend and hold harmless NSI, and its directors, officers, employees and
agents from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to the SLD holder's domain name registration."


Ellen Rony                                                     Co-author
The Domain Name Handbook                   http://www.domainhandbook.com
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             On the Internet,    //  \\   no one knows you're a dog.

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