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IPv4 Transfer Listing Service Terms and Conditions

Introduction

The IPv4 Transfer Listing Service is available to RIPE NCC members only. The IPv4 Transfer Listing Service is a platform that facilitates the matching of RIPE NCC members offering to transfer IPv4 addresses that are registered to them with any RIPE NCC members that would like the offered IPv4 addresses transferred to them in accordance with RIPE Policies. This document will stipulate the Terms and Conditions for the IPv4 Transfer 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 registered Internet Number Resources onto the Listing Service interface

IPv4 Addresses - Any IPv4 addresses registered to RIPE NCC Members via the signed Standard Service Agreement or to End Users via the End User Assignment Agreement signed with a sponsoring LIR

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 Addresses onto the Listing Service interface

Receiving Member – A RIPE NCC member that is interested in having IPv4 Addresses that are 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 specific published IPv4 Addresses from an Offering Member's account and registers them to a Receiving Member's account

RIPE Policies – Policies 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 that 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 IPv4 Transfer Listing Service.

2. The Member may use the IPv4 Transfer Listing Service as a platform for the facilitation of the Transfer of IPv4 Addresses according to the relevant RIPE Policies.

3. The RIPE NCC shall allow the Offering Member to publish IPv4 Addresses :

  • That are registered to the Offering Member by the RIPE NCC and/or to an End User with whom the Offering Member is contractually related via a signed End User Assignment Agreement;
  • Whose registration can be managed by the Offering Member using the LIR Portal and;
  • When they are eligible for Transfer according to RIPE Policies.

The RIPE NCC shall allow the Receiving Member to request Internet Number Resources by filling in and submitting the relevant form available through the IPv4 Transfer Listing Service.

4. The Offering Member may (if possible) divide an IPv4 address block into smaller blocks and publish one or more of them.

5. The IPv4 address blocks published on the IPv4 Transfer Listing Service will be listed according to their size and in chronological order, so that IPv4 address blocks published at an earlier point in time will be listed higher than the ones published later.

6. The Offering Member and the Receiving Member requesting IPv4 Addresses as described in Art 3.3 shall publish contact details through which they can be contacted by Receiving or Offering Members for purposes related to the IPv4 Transfer Listing Service.

7. The Offering Member and the Receiving Member requesting IPv4 Addresses as described in Art 3.3 acknowledge that the data they publish will be available to, and used by, other Members that make use of the IPv4 Transfer Listing Service for purposes related to the IPv4 Transfer Listing Service. Members shall use the data for these purposes only.

8. Use of the IPv4 Transfer Listing Service or the data listed therein for purposes unrelated to the IPv4 Transfer 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 IPv4 Transfer Listing Service unless they do so as part of their use of the IPv4 Transfer Listing Service.

10. The use of the IPv4 Transfer 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 IPv4 Transfer 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 IPv4 Transfer Listing Service.

 

Article 4 – Transfer

1. Receiving or Offering Members may contact each other via the contact details posted by them for purposes relating to the IPv4 Transfer Listing Service.

2. 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 specific IPv4 Addresses between them.

3. Members acknowledge that the RIPE NCC will transfer the IPv4 Addresses 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 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.

4. If, prior to the Transfer of the IPv4 Addresses, the Offering Member appears to have agreed to transfer the same IPv4 Addresses to different Receiving Members, the RIPE NCC will not conclude the transfer 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 IPv4 Transfer 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 IPv4 Addresses on the IPv4 Transfer Listing Service if these IPv4 Addresses is not suitable for a Transfer according to RIPE Policies.

 

Article 6 – Liability

1. Use of the IPv4 Transfer Listing Service is at the Member's own risk.

2. The RIPE NCC shall not be liable for inaccurate data published on the IPv4 Transfer Listing Service.

3. Offering Members shall be liable for all aspects of their use of the IPv4 Addresses transferred through the IPv4 Transfer Listing Service before the Transfer. Receiving Members shall be liable for all aspects of their use of the IPv4 Addresses transferred through the IPv4 Transfer Listing Service after the Transfer.

4. The RIPE NCC shall not be liable for the non-conclusion of an agreement to Transfer IPv4 Addresses between Members, or for the breach of an agreement to Transfer between Members, or for the non-Transfer due to restrictions according to 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 IPv4 Transfer Listing Service.

8. Any rights on the part of the Member towards the RIPE NCC in connection with the use the of the IPv4 Transfer 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 Addresses through the IPv4 Transfer Listing Service and their Transfer does not create or suggest any ownership of these IPv4 Addresses. IPv4 Addresses, as all other Internet Number Resources, registered by the RIPE NCC are subject to, and exclusively governed by, 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.