IPv4 Transfer Listing Service Terms and Conditions
The RIPE NCC Listing Service is available to RIPE NCC members only. The RIPE NCC Listing Service is a platform that facilitates the matching of any RIPE NCC members offering IPv4 address allocations or part(s) of their available IPv4 allocation and any RIPE NCC members that would like the available IPv4 address space allocations transferred to them in accordance with the RIPE Policies. This document will stipulate the Terms and Conditions for the RIPE NCC Listing Service.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall be understood to have the meanings assigned to them below:
RIPE NCC - Réseaux IP Européens Network Coordination Centre, a membership association under Dutch law, with a registered office in Amsterdam, the Netherlands
Listing Service – A RIPE NCC service available to RIPE NCC members only, subject to these Terms and Conditions
Publish – Posting information about IPv4 allocation(s) onto the Listing Service interface
IPv4 allocation – A Provider Aggregated (PA) IPv4 address block registered to a Member by the RIPE NCC according to the RIPE policies. This term refers also to part or parts of an (PA) IPv4 allocation registered to the Member by the RIPE NCC. Provided Independent (PI) IPv4 address blocks are excluded from this term.
Member – A natural person or a legal entity that has entered into the RIPE NCC Standard Service Agreement with the RIPE NCC
Offering Member – A RIPE NCC member that publishes IPv4 allocations onto the Listing Service interface
Receiving Member – A RIPE NCC member that is interested in having an IPv4 allocation published in the Listing Service by an Offering Member transferred to them
LIR Portal – The secure web interface through which Members access various RIPE NCC services
Transfer – An action of the RIPE NCC, whereby the RIPE NCC deregisters a published IPv4 allocation from an Offering Member’s account and registers it to a Receiving Member’s account
RIPE Policies – Policy proposed and adopted by the Réseaux IP Européens (RIPE) community according to the RIPE Policy Development Process (PDP). The RIPE community is a collaborative forum open to all parties interested in wide area IP networks in Europe and beyond. The objective of RIPE is to ensure the administrative and technical coordination necessary to enable the operation of a pan-European IP network.
Article 2 – General
1. The Terms and Conditions come into effect by means of an offer by the RIPE NCC and an acceptance by the Member.
2. By clicking the “I accept” button when the terms and conditions appear in the LIR Portal on the first occasion a Member accesses the Listing Service, the Member confirms that they have read, understood and agree to be bound by these terms and conditions for every future use of the Listing Service.
3. The RIPE NCC reserves the right to amend these Terms and Conditions. After such amendments, the Member will be asked to confirm that they have read, understood and agree to be bound by the amended Terms and Conditions in the same manner as described in Article 2.2 above.
4. These Terms and Conditions prevail over explanatory documents and any text regarding the Listing Service, which exist for guidance and informational purposes only and do not affect the interpretation of these Terms and Conditions.
Article 3 – Use of the IPv4 Transfer Listing Service
1. Upon the Member agreeing to these Terms and Conditions, the RIPE NCC shall permit access to the Listing Service.
2. The Member may use the Listing Service as a platform for the facilitation of the Transfer of IPv4 allocations according to the RIPE Policies.
3. The RIPE NCC shall allow the Offering Member to publish IPv4 allocation(s):
- That are registered to the Offering Member by the RIPE NCC and;
- Whose registration can be managed by the Offering Member using the LIR Portal and;
- When they are eligible for Transfer according to the RIPE Policies.
The RIPE NCC shall allow the Receiving Member to request IPv4 allocation(s) by filling in and submitting the relevant form available through the Listing Service.
4. The Offering Member may divide an IPv4 allocation into smaller IPv4 allocations and publish one or more of them. The minimum allocation size the Offering Member can divide an IPv4 allocation shall not be smaller than the minimum IPv4 allocation size at the time of the transfer according to the RIPE Policies.
5. The IPv4 allocations published on the Listing Service will be listed according to their size and in chronological order, so that IPv4 allocations published in an earlier point in time will be listed higher than IPv4 allocations published later.
6. The Offering Member and the Receiving Member requesting IPv4 allocation(s) as described in Art 3.3 shall publish contact details through which it can be contacted by Receiving or Offering Members for purposes related to the Listing Service.
7. The Offering Member and the Receiving Member requesting IPv4 allocation(s) as described in Art 3.3 acknowledge that the data it publishes will be available to, and used by, other Members that make use of the Listing Service for purposes related to the Listing Service. Members shall use the data for these purposes only.
8. Use of the Listing Service or the data listed therein for purposes unrelated to the Listing Service - including advertising, direct marketing, and marketing research - is strictly forbidden.
9. Members shall not repackage, download, compile, redistribute or reuse any or all of the data listed in the Listing Service unless they do so as part of their use of the Listing Service.
10. The use of the Listing Service is restricted to persons authorised to access the LIR Portal.
11. Members acknowledge that the Listing Service is a service available only to Members and it shall stop being available to those whose RIPE NCC Standard Service Agreement is terminated.
12. The Listing Service will be available on a best-effort basis and the RIPE NCC may suspend its operation or liability to the Member for technical, legal, anti-abuse or any other reasons within the scope of managing the operations of the Listing Service.
Article 4 – Transfer
1. Receiving Members may apply to the RIPE NCC for an Initial or Additional Allocation by submitting an Initial Allocation Form or an Additional Allocation Form before contacting any Offering Members. If the RIPE NCC pre-approves the Receiving Member’s application for an Initial or Additional Allocation according to the RIPE Policies, this Receiving Member may contact Offering Members that have published IPv4 allocations of a size equal or smaller to the size pre-approved by the RIPE NCC.
2. Receiving or Offering Members may contact each other via the contact details posted by them for purposes relating to the Listing Service.
3. Any negotiations or discussions concerning or surrounding a Transfer between Members shall take place outside the Listing Service. The RIPE NCC will not be involved in any negotiations or discussions concerning or surrounding any agreement between an Offering Member and a Receiving Member. Offering and Receiving Members have the responsibility to reach an agreement for the Transfer of an IPv4 allocation between them.
4. Members acknowledge that the RIPE NCC will transfer an IPv4 allocation only when:
- An Offering Member and a Receiving Member agree to this Transfer and the Transfer Agreement, signed by both sides, is submitted to the RIPE NCC. The RIPE NCC will provide the Transfer Agreement template
- The RIPE Database object template containing all relevant information is submitted to the RIPE NCC
- The Transfer is in accordance with the pre-approval as outlined in Article 4.1 or, if such preapproval did not take place, in accordance with the RIPE Policies.
The RIPE NCC will ask the Offering Member to confirm their agreement to the Transfer. The Transfer may only be completed upon receipt of such confirmation.
5. If, prior to the Transfer of an IPv4 allocation, the Offering Member appears to have agreed to transfer the same IPv4 allocation to different Receiving Members, the RIPE NCC will not transfer the IPv4 allocation in question until the Offering Member clarifies which agreement is valid and withdraws the invalid agreements.
Article 5 – Control of Use
1.The RIPE NCC is entitled to restrict any unauthorised use of the Listing Service. The RIPE NCC may perform security checks and audits for this purpose.
2. Members must assist the RIPE NCC with security checks and audits.
3. The RIPE NCC will reject the publishing of an IPv4 allocation on the Listing Service if this IPv4 allocation is not suitable for a Transfer according to the RIPE policies.
Article 6 – Liability
1. Use of the Listing Service is at the Member’s own risk.
2.The RIPE NCC shall not be liable for inaccurate data published on the Listing Service.
3. Offering Members shall be liable for all aspects of their use of an IPv4 allocation transferred through the Listing Service before the Transfer. Receiving Members shall be liable for all aspects of their use of an IPv4 allocation transferred through the Listing Service after the Transfer.
4. The RIPE NCC shall not be liable for the non-conclusion of an agreement to Transfer an IPv4 allocation between Members or for the breach of an agreement to Transfer between Members or for the non-Transfer due to restrictions according to the RIPE Policies despite an agreement between Members.
5. The RIPE NCC is in no way liable for any damages, including, but not limited to, damages to the Member’s business, loss of profit, damages to third parties, personal injury or damages to property, except in cases involving willful misconduct or gross negligence on the part of the RIPE NCC.
6. The RIPE NCC shall, in any event, not be liable for non-performance or damages due to force majeure, including but not limited to industrial action, strikes, occupations and sit-ins, blockades, embargoes, governmental measures, denial of service attacks, war, revolutions or comparable situations, power failures, defects in electronic lines of communication, fire, explosions, damage caused by water, floods and earthquakes.
7. The Member shall indemnify the RIPE NCC against any and all third party claims filed against the RIPE NCC in relation to the Member’s use of the Listing Service.
8. Any rights on the part of the Member towards the RIPE NCC in connection with the use the of the Listing Service shall finally and unconditionally lapse one year from the date on which the Member became aware of (or could, in all fairness, have been aware of) the existence of such rights. This one-year term can only be barred or interrupted by actual legal action instituted by the Member against the RIPE NCC.
Article 7 – Miscellaneous
1. Publishing IPv4 allocations through the Listing Service and the Transfer of IPv4 allocations does not create or suggest any ownership of these IPv4 allocations. IPv4 allocations registered by the RIPE NCC are subject to, and exclusively governed by, the RIPE Policies.
2. The RIPE NCC's intellectual property (agreements, documents, software, databases, website, etc.) may only be used, reproduced and made available to third parties upon prior written authorisation from the RIPE NCC.
3. If any provision contained in the Terms and Conditions is held to be invalid by a court of law, this shall not in any way affect the validity of the remaining provisions.
Article 8 – Governing Law
These Terms and Conditions shall be exclusively governed by the laws of The Netherlands. The competent court in Amsterdam shall have exclusive jurisdiction with regard to disputes arising from these Terms and Conditions.