Closure of Members, Deregistration of Internet Resources and Legacy Internet Resources

Section A of this document describes the valid reasons for terminating the RIPE NCC Standard Service Agreement (SSA) that leads to the closure of a Member, the procedure that applies in each circumstance, and the consequences of termination.

Section B describes the valid reasons for deregistration of Internet number resources and the procedure that applies in each circumstance.

Section C describes the valid reasons for terminating a Legacy Services Agreement, the procedure that applies in each circumstance, and the consequences and procedures that apply if the Legacy Internet Resource Holder wants to change the status of their Legacy Internet Resources or have them deregistered.

Table of Contents

A. Closure of Member - Termination of the RIPE NCC Standard Service Agreement

An organisation or an individual person can receive services from the RIPE NCC if they:

• Agree and sign the RIPE NCC Standard Service Agreement (SSA); and

• Conform to RIPE Policies.

An organisation or an individual person signing the SSA is called a “Member”. The RIPE NCC SSA is entered into for an indefinite period of time, unless terminated by either party.

1. Grounds for Termination and Procedure in Each Case

The SSA can be terminated by the Member (see section 1.1) or by the RIPE NCC. Termination by the RIPE NCC can either occur with a three-month notice period (see section 1.2.1.) or, due to specific reasons, with immediate effect (see section 1.2.2.).

1.1. Termination by the Member

According to Article 9.2 of the SSA, the Member can terminate the SSA with a notice period of three months.

Procedure

The Member must formally request the termination of the SSA with a written notice.

The notice must be:

• Dated and signed by an authorised representative of the Member. A registered contact cannot give notice unless the registered contact is an authorised representative.

• Sent to the RIPE NCC by email at <ncc@ripe.net> or by postal mail to: RIPE NCC, Stationsplein 11, 1012 AB Amsterdam, The Netherlands.

The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests for RIPE NCC services is terminated and the Member will be suspended.

The termination of the SSA will take place three months after the receipt of the notice by the RIPE NCC. Upon mutual agreement between the RIPE NCC and the Member, this termination can occur sooner within the three month period, following receipt of the written notice.

If a Member decides to terminate their SSA because they have transferred all of their Internet number resources in accordance with Section 3.1.iii of the RIPE NCC procedural document Transfer of Internet Number Resources and Change of a Member’s Official Legal Name, their SSA may be terminated upon request of the member or following their confirmation.

Billing Issues

Regardless of when the termination takes place in the course of the financial year, the annual contribution shall nevertheless remain due, in full, by the Member (see also paragraph 6.6 of the RIPE NCC Articles of Association (AoA) and the RIPE NCC Billing Procedure).

1.2. Termination by the RIPE NCC

1.2.1. Termination with a Three-Month Notice Period

According to Article 9.3 of the SSA, the RIPE NCC can terminate the SSA with a notice period of three months. Grounds for such termination may be the following:

1.2.1.1 Violation of RIPE Policies and RIPE NCC Procedures

The Member must comply with RIPE Policies and RIPE NCC procedures (see Article 6 of the SSA). The RIPE NCC will terminate the SSA if the Member commits any of the following violations of RIPE Policies or RIPE NCC procedures:

a. Unresponsiveness

The Member is unresponsive for a significant period of time.

Members are considered to be unresponsive if they do not react to a specific email/request made by the RIPE NCC relating to an incorrect/ambiguous registration of Internet number resources, regardless of whether they are, at the same time, responsive to a different email/request from the RIPE NCC or continue paying the RIPE NCC fees.

b. Allocations/assignments in contravention of RIPE Policies

Allocations or transfers of allocations and assignments are not made and used in accordance with the RIPE community's policies.

c. Incorrect registration in the RIPE Database

Registration data is repeatedly maintained incorrectly (allocations and assignments must be properly registered in the RIPE Database).

Proper registration must be as follows:

• The data must be valid and must allow the RIPE NCC to contact the responsible party referenced directly in the organisation, inetnum, inet6num or aut-num object(s) or via the maintainers of the inetnum, inet6num or aut-num object(s) within a reasonable time without having to get information from another source

• The email address in the “abuse-mailbox:” attribute must be valid if referenced in the inetnum, inet6num or aut-num object(s)

d. Non-compliance with an arbiter ruling

For more information, please see the RIPE NCC Conflict Arbitration Procedure.

Procedure

If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the SSA, the RIPE NCC will send an email to the registered contact(s) indicating:

• The violation

• The Member's obligation to stop or rectify the violation

• The termination of the SSA in three (3) months if the violation continues

The RIPE NCC will also terminate the progress of any open requests for RIPE NCC services and the Member will be suspended.

If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:

• The violation

• The Member's obligation to stop or rectify the violation

• The termination of the SSA in two (2) months if the violation continues

After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:

• The violation

• The Member's obligation to stop or rectify the violation

• The termination of the SSA in one (1) month if the violation continues

After 90 days from the date of the first email, if the Member continues to not comply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

1.2.1.2. Other Reasons

Termination for any other reason by the RIPE NCC is only executed when the Member consents to the termination, unless the termination is for reasons above and beyond control of the RIPE NCC.

For example, such termination has taken place in the past in the case of the emergence of AFRINIC, the RIR for the African region, when, with the consent of the African Members, the SSAs with the RIPE NCC were terminated and new contracts with AFRINIC were signed.

Procedure

The termination notice will officially inform about the termination of the SSA, state the reasons for the termination, and detail the planned arrangements regarding the Internet number resources that were distributed to the Member.

Unless otherwise required by the circumstances:

• The RIPE NCC will terminate the progress of any open requests for RIPE NCC services and the Member will be suspended.

• Section A.2 (Consequences of termination of the SSA) and section B (Deregistration of Internet number resources) of this document are applicable

The notice will be dated and signed by an authorised representative of the RIPE NCC.

Notice will be sent to the registered contact(s) of the Member by electronic and postal mail.

Upon receipt of such notice, the progress of any open requests for RIPE NCC services is terminated. The termination of the SSA will take place after three months from the date the RIPE NCC sends the notice, unless the Member requests a longer period and this is agreed upon.

Billing Issues

All outstanding amounts for the full year must be settled unless otherwise agreed.

1.2.2. Termination with Immediate Effect

According to Article 9.4 of the SSA, the RIPE NCC is entitled to terminate the SSA with immediate effect in the following cases:

a. The Member files for bankruptcy, is liquidated, suspends their payments or becomes insolvent

Upon receipt of the documents stating the bankruptcy, liquidation, suspension of payments or insolvency of the Member by the relevant authority or by public announcement of the fact, the RIPE NCC will terminate the SSA. If the relevant national authority decides that the Member's operations can continue, and provided that the Member fulfills the obligations imposed by the SSA, the RIPE NCC will not terminate the SSA.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) and/or to the legal successor indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account(s)) to all registered contacts of the Member or to the legal successor, both by electronic and registered postal mail.

b. The Member damages the name, trademarks or intellectual property rights of the RIPE NCC

Examples:

• The Member pretends to be, or to act on behalf of, the RIPE NCC through misuse of the RIPE NCC name or logo

• The Member unreasonably makes allegations against the RIPE NCC in order to damage the RIPE NCC's reputation and operations, resulting in irreversible damage to the RIPE NCC

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The violation

  • The Member's obligation to stop or rectify the violation

  • The termination of the SSA if the violation continues

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating the same as above.

After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will:

• Send a second reminder email to the registered contact(s) indicating the same as above

• Not approve any Internet number resource requests

After 90 days from the date of the first email, if the Member continues to not comply, the RIPE NCC will:

• Send a third reminder email and a reminder by postal mail to the registered email and postal addresses indicating the same as above

• Stop providing any services to the Member

After 120 days from the date of the first email, if the Member still does not comply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

c. The Member fails to submit to the RIPE NCC a valid extract from the Commercial Trade Register or equivalent register

When initially signing the SSA, the Member must submit to the RIPE NCC an extract from the Commercial Trade Register or equivalent document providing the registration of the Member's business with the national authorities (see Article 2.2 of the SSA).

If the Member is a natural person, the RIPE NCC requires submission of any identification papers (passport, driving license or other official document proving the identity of the individual).

If the Member is a legal person, identification papers are also required for the authorised person signing the SSA on behalf of the legal person.

If there is any change in the Member's business after signing the SSA (for example, the Member has merged with another company, has changed name, etc.) and, because of this change, the Member's registration with the relevant register has been changed, then the Member is obliged to submit the updated registration papers to the RIPE NCC.

If the Member does not submit the aforementioned documents within one month of them being requested to do so by the RIPE NCC, the RIPE NCC will terminate the SSA (see Article 9.4.d of the SSA).

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The Member's obligation to submit the relevant documents

  • The termination of the SSA if the documents are not submitted

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

If the Member does not comply within 15 days of the date of the email, the RIPE NCC will send a reminder email and a notification by postal mail to the registered email and postal addresses indicating the same as above.

After 30 days from the date of the first email, if the Member continues to not comply, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member. 

d. The Member fails to observe any rule of applicable law

The SSA is exclusively governed by the laws of the Netherlands because the RIPE NCC is an association under Dutch law. The RIPE NCC is allowed to terminate the SSA of a Member with immediate effect, provided it receives a Dutch court order to do so.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

e. Non-payment

If a Member fails to make a payment in accordance with the RIPE NCC Charging Scheme and the RIPE NCC Billing Procedure that is applicable in the corresponding year, the RIPE NCC will terminate the SSA. 

Procedure

Payment is due 30 days from the date of invoice.

If the RIPE NCC does not receive payment within 30 days of the date of invoice, the RIPE NCC will send a reminder by email to the billing contact(s) indicating the Member’s obligation to pay the invoice.

If the RIPE NCC does not receive payment within 60 days of the date of invoice, the RIPE NCC will send a final reminder by email to the registered contact(s) indicating the Member’s obligation to pay the invoice.

If the RIPE NCC does not receive payment within 90 days of the date of invoice, the RIPE NCC will terminate the progress of any open requests for RIPE NCC services and the Member will be suspended.

If the RIPE NCC has not received payment after 120 days from the date of invoice, the RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member’s account) to all registered email addresses of the Member.

f. Termination of RIPE NCC member status

By signing the SSA, Members become members of the RIPE NCC association. If Members terminate their member status with the RIPE NCC association, the SSA is automatically terminated (see also Article 6 of the RIPE NCC Articles of Association).

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

g. Untruthful information

The RIPE NCC concludes the SSA and provides services to Members in good faith. The Member is in breach of good faith in the following cases:

• Falsified/incorrect information

The Member provides falsified or misleading data or information (for example, falsified registration documents or IDs), or repeatedly provides incorrect data or information (for example, incorrect/inaccurate contact details).

• Fraudulent requests

The Member submits fraudulent requests for Internet number resources (for example, providing incorrect purpose/need or falsified information about the network, etc.).

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

h. Non-compliance with RIPE NCC audits

Non-compliance with RIPE NCC audits includes repeated unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests regarding registrations of Internet number resources for the Member's own network. For more information about the audit procedure, please see the RIPE NCC Audit Activity.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member. 

i. Discontinuation of RIPE NCC services

The RIPE NCC cannot reasonably be required to continue the SSA for reasons that can not be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the SSA

  • The immediate termination of the SSA

• Terminate the progress of any open requests for RIPE NCC services and the Member will be suspended

The RIPE NCC Managing Director will send an official notification of termination of the SSA (i.e., closure of the Member's account) to all registered postal and email addresses of the Member.

2. Consequences

Upon termination of the SSA, Members lose all rights to RIPE NCC services and their RIPE NCC member status.

2.1. End of Provision of RIPE NCC Services

2.1.1. General Services

The RIPE NCC will stop providing RIPE NCC services, including:

• Distribution of Internet number resources

• Authority to maintain Internet number resource records in the RIPE Database

• Access to the LIR Portal

• Use of the RIPE NCC Resource Certification (RPKI) Service

• Participation in RIPE NCC training courses

2.1.2. Registration of Distributed Internet Number Resources

The RIPE NCC will deregister the relevant Internet number resource records. The procedure for deregistration is described in section B.2. The RIPE NCC will also revoke any certificates generated by the RIPE NCC Certification Service.

2.1.3. Request for Independent Internet Number Resources as a “Sponsoring LIR”

Members lose their right to request independent Internet number resources as a “sponsoring LIR”. For independent Internet number resources already assigned by them, see section B.2.2 below.

2.2. End of RIPE NCC Member Status

Members will also lose their RIPE NCC member status and all relevant rights, such as the right to attend and vote at RIPE NCC General Meetings.

B. Deregistration of Internet Number Resources

1. Reasons for Deregistration of Internet Number Resources - Allocations and Independent Internet Number Resources Assigned for the Member's Own Network or Assigned Through a “Sponsoring LIR”

a. Termination of the SSA

For more information, see section A. For independent Internet number resources through a “sponsoring LIR”, see Independent Internet Number Resources – Contractual Relationship Changes between Sponsoring LIR and End User.

b. Invalidity of assignment criteria

A Member may request, for itself or for a sponsored end user, that the RIPE NCC provide an assignment of Internet number resources based on a specific need. When the original technical requirements or the business purpose for the use of such Internet number resources changes, this assignment becomes invalid. If the RIPE NCC notices any change in the original technical criteria or the original business purposes for using the Internet number resources, the RIPE NCC is authorised to deregister the relevant Internet number resources.

c. Incorrect registration of the allocation/assignment in the RIPE Database

If the allocation/assignment approved by the RIPE NCC is not properly registered in the RIPE Database, the RIPE NCC is authorised to deregister the relevant Internet number resources.

Proper registration must be as follows:

• The data must be valid and must allow the RIPE NCC to contact the responsible party mentioned directly in the organisation, inetnum, inet6num or aut-num object(s) or via the maintainers of the inetnum, inet6num or aut-num object(s) within a reasonable time without having to get information from another source

If a Member has provided falsified or misleading data or information (for example, falsified registration documents or IDs) or repeatedly provided incorrect data or information (for example, incorrect/inaccurate contact details), regarding an allocation or an independent resource, the RIPE NCC will deregister the relevant records.

e. Fraudulent request

If a Member has submitted a fraudulent request for an allocation or an independent resource (for example, by providing incorrect purpose/need or falsified information about the network), the RIPE NCC will deregister the relevant records.

f. Non-compliance with a RIPE NCC audit

If a Member does not comply with a RIPE NCC audit regarding the registration of an independent resource that the Member is responsible for as a “sponsoring LIR”, the RIPE NCC will deregister the relevant records. Non-compliance includes, but is not limited to, unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests. For more information about the audit procedure, please see the RIPE NCC Audit Activity.

g. Court order

The RIPE NCC is an association under Dutch law. In the event that a Dutch court orders the deregistration of specific Internet number resources, the RIPE NCC must and will comply.

h. Independent Internet number resources assigned through a “sponsoring LIR” without a valid contractual relationship

See Independent Internet Number Resources – Contractual Relationship Changes between Sponsoring LIR and End User.

2. Procedures for Deregistration of Different Types of Internet Number Resources

2.1 Allocations and Independent Internet Number Resources for Member's Own Network

The RIPE NCC will send an official notification by email to all registered contacts stating that the allocation/independent Internet number resources will be deregistered, explaining the reasons for this deregistration and the procedure of the deregistration. The Member will not be able make any further assignments from the allocations.

Should the Member respond within four weeks, the RIPE NCC will provide a timeframe of three months for the Members to take care of any actions necessary for the deregistration of the Internet number resources. In the case of allocations, Members are responsible for requesting that their customers renumber immediately and for providing them with all available options. In particular, Members must refer their customers to the list of other Members. This list is available at: http://www.ripe.net/membership/indices

During the three-month period:

• The Member must stop announcing the allocation/independent Internet number resources and/or not make new ones

• The RIPE NCC will update the maintainer attributes on the Member’s resource objects to only allow a RIPE NCC maintainer

• A warning statement will be added to the relevant records of the RIPE Database mentioning the upcoming deregistration of the Internet number resources

• The RIPE NCC will revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service

After the three-month period, the allocation/assignment will be deregistered from the RIPE Database.

Should the Member not respond within four weeks, the RIPE NCC will:

• Update the maintainer attributes on the Member’s resource objects to allow only a RIPE NCC maintainer; and/or

• Add a warning statement to the relevant records in the RIPE Database mentioning the upcoming deregistration of the Internet number resources; and/or

• Withdraw the reverse delegation; and/or

• Contact the upstream provider to investigate possible hijacking of Internet number resources; and/or

• Delete all relevant objects in the RIPE Database, including allocation/assignment and route objects

• Revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service

The sole purpose of these actions by the RIPE NCC is for the deregistration of the Internet number resources to reflect reality. As a result, if the Internet number resources are no longer announced after one of these actions, the RIPE NCC might not perform any other actions.

The RIPE NCC may decide not to provide this three-month period and follow the process described above, even if the Member responds within four weeks. This may happen in cases where:

• The three-month period is not reasonably required (e.g. the Member was not announcing the Internet number resources before they were notified of the imminent deregistration)

• The Member‘s SSA is terminated because the Member has submitted untruthful information to the RIPE NCC (see Section A.1.2.2.g) or the Member has not complied with a RIPE NCC audit (see Section A.1.2.2.h).

• The deregistration process is initiated because the Member has provided falsified/incorrect information regarding an allocation or an independent resource (see Section B.1.d), or has submitted a fraudulent request for an allocation or an independent resource (see Section B.1.e).

After this four-week period, the allocation/assignment will be deregistered from the RIPE Database.

Please note:

If the Member responds, but with no intention to comply, or objects at some point within the four-week period, the RIPE NCC will allow the time remaining in this four-week period for the Member to submit evidence that there is no reason for the deregistration of the Internet number resources or to request arbitration (see the RIPE NCC Conflict Arbitration Procedure). However, if the four-week period expires without the submission of such evidence by the Member or without the submission of a request for arbitration, the RIPE NCC will proceed as if the Member had never reacted (see relevant procedure above). The Member may still request arbitration according to the timeframes of the RIPE NCC Conflict Arbitration Procedure. If the Member requests arbitration, the RIPE NCC will lock the relevant records in the RIPE Database and add a warning statement to them, until the communication of the arbiter's ruling.

In the event a Dutch authority orders the RIPE NCC to deregister specific Internet number resources, the RIPE NCC may comply without following the process or the timeframes described above.

2.2 Independent Internet Number Resources Assigned Through a “Sponsoring LIR”

The RIPE NCC will send an official notification to all registered contacts stating that the independent Internet number resources will be deregistered, explaining the reasons for this deregistration and the procedure for the deregistration. The Member must immediately inform the End User about the imminent deregistration.

Should the Member respond within four weeks, the RIPE NCC will provide a timeframe of three months for the End User to take care of any actions necessary for the deregistration of the independent Internet number resources.

During this period:

• The End User must stop announcing the independent Internet number resources and/or not make new ones

• The RIPE NCC will update the maintainer attributes on the relevant independent Internet number resource objects to only allow a RIPE NCC maintainer

• A warning statement will be added to the relevant records of the RIPE Database mentioning the upcoming deregistration of the Internet number resources

• The RIPE NCC will revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service

After the three-month period, the independent Internet number resources will be deregistered from the RIPE Database.

Should the Member not respond within four weeks, the RIPE NCC will:

• Update the maintainer attributes on the End User’s resource objects to allow only a RIPE NCC maintainer; and/or

• Add a warning statement to the relevant records in the RIPE Database mentioning the upcoming deregistration of the independent Internet number resources; and/or

• Withdraw the reverse delegation; and/or

• Contact the upstream provider to investigate possible hijacking of the independent Internet number resources; and/or

• Delete all relevant objects in the RIPE Database, including assignment and route objects

• Revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service

The sole purpose of these actions by the RIPE NCC is for the deregistration of the independent Internet number resources to reflect reality. As a result, if the independent Internet number resources are no longer announced after one of these actions, the RIPE NCC might not perform any other actions.

The RIPE NCC may decide not to provide this three-month period and follow the process described above, even if the Member respond within four weeks. This may happen in cases where:

• The three-month period should not be reasonably required (e.g. the End User was not announcing the independent Internet number resources before they were notified of the imminent deregistration)

• The Member has provided falsified/incorrect information regarding an independent Internet number resources (See Section B.1.d), has submitted a fraudulent request for an independent Internet number resource (See Section B.1.e) or does not comply with a RIPE NCC audit regarding the registration of an independent resource that the Member is responsible for as a Sponsoring LIR (See Section B.1.f)

After the four-week period, the assignment will be deregistered from the RIPE Database.

Please note:

If the Member responds, but with no intention to comply, or objects at some point within the four-week period, the RIPE NCC will allow the time remaining in this four-week period for the Member to submit evidence that there is no reason for for deregistration of the independent Internet number resources or to request arbitration (see the RIPE NCC Conflict Arbitration Procedure). However, if the four-week period expires without the submission of such evidence by the Member or without the submission of a request for arbitration, the RIPE NCC will proceed as if the Member had never reacted (see relevant procedure above). The Member may still request arbitration according to the timeframes of the RIPE NCC Conflict Arbitration Procedure. If the Member requests arbitration, the RIPE NCC will lock the relevant records in the RIPE Database and add a warning statement to them until the communication of the arbiter's ruling.

If an End User does not have a sponsoring LIR, the RIPE NCC will send an email to all End User contacts listed in the RIPE Database informing them about the imminent deregistration. Should the End User respond within four weeks and wish to object to the deregistration of the independent Internet number resources, they must first establish a valid contractual relationship with a Member in accordance with the RIPE NCC procedural document Independent Internet Number Resources – Contractual Relationship Changes Between Sponsoring LIR and End User. Once there is a new sponsoring LIR, the RIPE NCC will follow the process described above with them.

In the event a Dutch authority orders the RIPE NCC to deregister specific Internet number resources, the RIPE NCC may comply without following the process or the timeframes described above.

C. Legacy Internet Resources

1. Termination of the Legacy Services

This section describes the reasons for the termination of:

• The Legacy Services the RIPE NCC provides to a Member pursuant to the RIPE NCC Services for Legacy Internet Resources of RIPE NCC Members Terms and Conditions (section 1.1)

• The RIPE NCC Services for Legacy Internet Resource Holders (Legacy Agreement) between the RIPE NCC and a Legacy Internet Resource Holder (section 1.2)

1.1 Legacy Services by the RIPE NCC to a Member Pursuant to the Terms and Conditions Regarding Legacy Internet Resources for Members

The Legacy Services can be terminated by the Member (see section 1.1.1) or by the RIPE NCC. The Termination by the RIPE NCC can either be with a notice period of three months (see section 1.1.2.1) or for specific reasons with a shorter notice period and immediate effect (see section 1.1.2.2).

1.1.1. Termination by the Member

According to Article 5.2 of the Terms and Conditions Regarding Legacy Internet Resources for Members, the Member shall be entitled to terminate the Legacy Services at any time with a written notice period of three months.

Procedure

The notice will formally request the termination of the Legacy Services.

The notice must be:

• Dated and signed by an authorised representative of the Member

• Sent to the RIPE NCC by email at legacy@ripe.net or by postal mail to: Stationsplein 11, 1012 AB Amsterdam, the Netherlands

The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests regarding Legacy Services is terminated.

The termination of the Legacy Services will take place three months after the receipt of the notice by the RIPE NCC.

1.1.2. Termination by the RIPE NCC

1.1.2.1. Non-compliance with Contractual Responsibilities

According to Article 5.3 of the RIPE NCC Services for Legacy Internet Resources of RIPE NCC Members Terms and Conditions, the RIPE NCC can terminate the Legacy Services. Grounds for such termination may be the following:

Procedure

If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the Legacy Services, the RIPE NCC will:

• Send an email to the registered contact(s) indicating

  • The violation

  • The Member's obligation to stop or rectify the violation

  • The termination of the Legacy Services in three months if the violation continues

• Terminate the progress of any open requests related to Legacy Services

• Add the remark "under review" in the RIPE Database resource object

• Add a warning statement to the relevant records of the RIPE Database mentioning that the Legacy Internet Resources are not in compliance with data accuracy obligations

• Revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service relating to Legacy Internet Resources

If the Member does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:

• The violation

• The Member's obligation to stop or rectify the violation

• The termination of the Legacy Services in two months if the violation continues

After 60 days from the date of the first email, if the Member still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:

• The violation

• The Member's obligation to stop or rectify the violation

• The termination of the Legacy Services in one month if the violation continues

After 90 days from the date of the first email, if the Member continues to not comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Services to all registered postal and email addresses of the Member. 

1.1.2.2. Termination with Immediate Effect

According to Article 5.4 of the Legacy Agreement, the RIPE NCC can terminate the Legacy Services with immediate effect for the following reasons:

a. The Member's SSA is terminated for any reason

Upon termination of the Member's SSA (see section A of this document), the Legacy Services are also terminated without any further notification being necessary.

b. The Member transfers the Legacy Internet Resources to a third party

If the Member transfers the Legacy Internet Resources to a third party, the Legacy Services provided by the RIPE NCC regarding these Legacy Internet Resources are not transferred to the third party. The third party has to sign a contractual agreement with either the RIPE NCC or a sponsoring LIR.

c. The Member has no rights to use the Legacy Internet Resources

If a third party provides sufficient evidence proving the Legacy Internet Resources must not be registered with the Member, the RIPE NCC will immediately terminate the Legacy Services.

If the sufficient evidence refers to some of the Legacy Internet Resources, the RIPE NCC may decide not to terminate all Legacy Services but only those related to the Legacy Internet Resource in doubt.

d. Reasons beyond control of the RIPE NCC

The RIPE NCC may terminate the Legacy Services if the continuation of the Legacy Services is impossible for reasons above and beyond control by the RIPE NCC or if the RIPE NCC cannot reasonably be required to continue the Legacy Services for reasons that cannot be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the Legacy Services

  • The immediate termination of the Legacy Services

• Terminate the progress of any open requests related to Legacy Services

1.2 Legacy Agreement Between the RIPE NCC and a Legacy Internet Resource Holder

The Legacy Agreement can be terminated by the Legacy Internet Resource Holder (see section 1.2.1) or by the RIPE NCC. Termination by the RIPE NCC can either occur with a three-month notice period(see section 1.2.2.1), or, for specific reasons, with immediate effect (see section 1.2.2.2).

1.2.1. Termination by the Legacy Internet Resource Holder

According to Article 7.2 of the Legacy Agreement, the Legacy Internet Resource Holder shall be entitled to terminate the Legacy Agreement at any time with a written notice of three months.

Procedure

The termination notice will formally request the termination of the Legacy Agreement.

It must be:

• Dated and signed by an authorised representative of the Legacy Internet Resource Holder.

• Sent to the RIPE NCC by email to legacy@ripe.net or by postal mail to: Stationsplein 11, 1012 AB Amsterdam, the Netherlands

The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon receipt of such notice, the progress of any open requests regarding Legacy Services under the Legacy Agreement is terminated.

The termination of the Legacy Agreement will take place three months after the receipt of the notice by the RIPE NCC.

Billing issues

All outstanding amounts for the full year must be settled unless otherwise agreed.

1.2.2. Termination by the RIPE NCC

1.2.2.1. Non-compliance with Contractual Responsibilities

According to Article 7.3 of the Legacy Agreement, the RIPE NCC can terminate the Legacy Agreement. Grounds for such termination may be the following:

a. The Legacy Internet Resource Holder does not provide the RIPE NCC with complete, updated and accurate information necessary for the provision of the service under the Legacy Agreement

b. The Legacy Internet Resource Holder does not maintain accurate data in the RIPE Database regarding the Legacy Internet Resources

c. The Legacy Internet Resource Holder does not assist the RIPE NCC with data accuracy checks in accordance with the procedure described in RIPE NCC procedural documents, including the documents Due Diligence for the Quality of the RIPE NCC Registration Data and RIPE NCC Audit Activity

d. The Legacy Internet Resource Holder does not comply with an arbiter's ruling (see RIPE NCC Conflict Arbitration Procedure)

Procedure

If the RIPE NCC becomes aware of any of the aforementioned reasons for terminating the Legacy Agreement, the RIPE NCC will:

• Send an email to the registered contact(s) of the Legacy Internet Resource Holder indicating:

  • The violation

  • The Legacy Internet Resource Holder's obligation to stop or rectify the violation

  • The termination of the Legacy Agreement in three months if the violation continues

• Terminate the progress of any open requests related to the Legacy Agreement

• Add the remark "under review" in the RIPE Database resource object

• Add a warning statement to the relevant records of the RIPE Database mentioning that the Legacy Internet Resources are not in compliance with data accuracy obligations

• Revoke any certificates generated by the RIPE NCC Resource Certification (RPKI) Service relating to Legacy Internet Resources

If the Legacy Internet Resource Holder does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating:

• The violation

• The Legacy Internet Resource Holder's obligation to stop or rectify the violation

• The termination of the Legacy Agreement in two months if the violation continues

After 60 days from the date of the first email, if the Legacy Internet Resource Holder still does not comply, the RIPE NCC will send a second reminder email and a reminder by postal mail to the registered email and email addresses indicating:

• The violation

• The Legacy Internet Resource Holder's obligation to stop or rectify the violation

• The termination of the Legacy Agreement in one month if the violation continues

After 90 days from the date of the first email, if the Legacy Internet Resource Holder continues to not comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder.

Billing issues

All outstanding amounts for the full year must be settled unless otherwise agreed.

1.2.2.2. Termination with Immediate Effect

According to Article 7.4 of the Legacy Agreement, the RIPE NCC can terminate the Agreement with immediate effect for the following reasons:

a. The Legacy Internet Resource Holder files for bankruptcy, is liquidated, suspends their payments or becomes insolvent

Upon receipt of the documents stating the bankruptcy, liquidation, suspension of payments or insolvency of the Legacy Internet Resource Holder by the relevant authority or by public announcement of the fact, the RIPE NCC will terminate the Legacy Agreement. If the relevant national authority decides that the Legacy Internet Resource Holder's operations can continue, and provided that the Legacy Internet Resource Holder fulfils the obligations imposed by the Legacy Agreement, the RIPE NCC will not terminate the Legacy Agreement.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) and/or to the legal successor indicating:

  • The reason for termination of the Legacy Agreement

  • The immediate termination of the Legacy Agreement

• Terminate the progress of any open requests related to the Legacy Agreement

The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered contacts of the Legacy Internet Resource Holder or to the legal successor, both by electronic and registered postal mail. 

b. The Legacy Internet Resource Holder damages the name, trademarks or intellectual property rights of the RIPE NCC

Examples:

The Legacy Internet Resource Holder pretends to be, or to act on behalf of, the RIPE NCC through misuse of the RIPE NCC name or logo

The Legacy Internet Resource Holder unreasonably makes allegations against the RIPE NCC in order to damage the RIPE NCC's reputation and operations, resulting in irreversible damage to the RIPE NCC

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The violation

  • The Legacy Internet Resource Holder's obligation to stop or rectify the violation

  • The termination of the SSA if the violation continues

• Terminate the progress of any open requests related to the Legacy Agreement

If the Legacy Internet Resource Holder does not comply within 30 days of the date of the email, the RIPE NCC will send a reminder email to the registered contact(s) indicating the same as above.

After 60 days from the date of the first email, if the Legacy Internet Resource Holder still does not comply, the RIPE NCC will send a second reminder email to the registered contact(s) indicating the same as above.

After 90 days from the date of the first email, if the Legacy Internet Resource Holder continues to not comply, the RIPE NCC will send a third reminder email and a reminder by postal mail to the registered email and postal addresses indicating the same as above.

After 120 days from the date of the first email, if the Legacy Internet Resource Holder still does not comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder.

c. The Legacy Internet Resource Holder fails to submit to the RIPE NCC a valid extract from the Commercial Trade Register or equivalent register

When initially signing the Legacy Agreement, the Legacy Internet Resource Holder must submit to the RIPE NCC an extract from the Commercial Trade Register or equivalent document providing the registration of the Legacy Internet Resource Holder's business with the national authorities (see Article 2.2 of the Legacy Agreement).

If the Legacy Internet Resource Holder is a natural person, the RIPE NCC requires submission of any identification papers (passport, driving license or other official document proving the identity of the individual).

If the Legacy Internet Resource Holder is a legal person, identification papers are also required for the authorised person signing the Legacy Internet Resource Holder on behalf of the legal person.

If there is any change in the Legacy Internet Resource Holder's business after signing the Legacy Agreement (for example, the Legacy Internet Resource Holder has merged with another company, has changed name, etc.) and, because of this change, the Legacy Internet Resource Holder's registration with the relevant register has been changed, then the Legacy Internet Resource Holder is obliged to submit the updated registration papers to the RIPE NCC.

If the Legacy Internet Resource Holder does not submit the aforementioned documents within one month of them being requested by the RIPE NCC, the RIPE NCC will terminate the Legacy Agreement (see Article 7.5.d of the Legacy Agreement).

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The Legacy Internet Resource Holder's obligation to submit the relevant documents

  • The termination of the Legacy Agreement if the documents are not submitted

• Terminate the progress of any open requests related to the Legacy Agreement 

If the Legacy Internet Resource Holder does not comply within 15 days of the date of the email, the RIPE NCC will send a reminder email and a notification by postal mail to the registered email and postal addresses indicating the same as above.

After 30 days from the date of the first email, if the Legacy Internet Resource Holder continues to not comply, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder.

d. The Legacy Internet Resource Holder fails to observe any rule of applicable law

The Legacy Agreement is exclusively governed by the laws of the Netherlands because the RIPE NCC is an association under Dutch law. The RIPE NCC is allowed to terminate the Legacy Agreement of a Legacy Internet Resource Holder with immediate effect, provided it receives a Dutch court order to do so.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the Legacy Agreement

  • The immediate termination of the Legacy Agreement

• Terminate the progress of any open requests related to the Legacy Agreement

The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement. to all registered postal and email addresses of the Legacy Internet Resource Holder.

e. Non-payment

If a Legacy Internet Resource Holder fails to make a payment in accordance with the RIPE NCC Charging Scheme and the RIPE NCC Billing Procedure that is applicable in the corresponding year, the RIPE NCC will terminate the Legacy Agreement. 

Procedure 

Payment is due 30 days from the date of invoice.

If the RIPE NCC does not receive payment within 30 days of the date of invoice, the RIPE NCC will send a reminder by email to the billing contact(s) indicating the Legacy Internet Resource Holder’s obligation to pay the invoice.

If the RIPE NCC does not receive payment within 60 days of the date of invoice, the RIPE NCC will send a final reminder by email to the registered contact(s) indicating the Legacy Internet Resource Holder’s obligation to pay the invoice.

If the RIPE NCC does not receive payment within 90 days of the date of invoice, the RIPE NCC will terminate the progress of any open requests for RIPE NCC services and the Legacy Internet Resource Holder will be suspended.

If the RIPE NCC has not received payment after 120 days from the date of invoice, the RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement (i.e., closure of the Legacy Internet Resource Holder’s account) to all registered postal and email addresses of the Legacy Internet Resource Holder.

f. Untruthful information

The RIPE NCC concludes the Legacy Agreement and provides services to Legacy Internet Resource Holder in good faith. The Legacy Internet Resource Holder is in breach of good faith, if the Legacy Internet Resource Holder repeatedly provides falsified data or information, or purposefully and/or repeatedly provides incorrect data or information (for example, falsified registration documents or IDs, incorrect/inaccurate contact details, etc.).

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the Legacy Agreement

  • The immediate termination of the Legacy Agreement

• Terminate the progress of any open requests related to the Legacy Agreement

The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder.

g. Non-compliance with RIPE NCC audits

Non-compliance with RIPE NCC audits includes repeated unresponsiveness to or failure to cooperate with the RIPE NCC auditors' requests regarding registrations of Internet number resources for the Legacy Internet Resource Holder's own network. For more information about the audit procedure, please see the RIPE NCC Audit Activity.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the Legacy Agreement

  • The immediate termination of the Legacy Agreement

• Terminate the progress of any open requests related to the Legacy Agreement.

The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder. 

h. Reasons beyond control of the RIPE NCC

If the continuation of the Legacy Agreement is impossible for reasons above and beyond control by the RIPE NCC or if the RIPE NCC cannot reasonably be required to continue the Legacy Agreement for reasons that can not be attributed to the RIPE NCC and for which the RIPE NCC cannot be held accountable by virtue of law, a juridical act or generally accepted principles, the RIPE NCC may terminate the Legacy Agreement.

Procedure

The RIPE NCC will:

• Send an email to the registered contact(s) indicating:

  • The reason for termination of the Legacy Agreement

  • The immediate termination of the Legacy Agreement

• Terminate the progress of any open requests for RIPE NCC services

The RIPE NCC Managing Director will send an official notification of termination of the Legacy Agreement to all registered postal and email addresses of the Legacy Internet Resource Holder.

Billing issues

All outstanding amounts for the full year must be settled unless otherwise agreed.

i. The Legacy Internet Resource Holder transfers the Legacy Internet Resources to a third party

If the Legacy Internet Resource Holder transfers the Legacy Internet Resources to a third party, the Legacy Services provided by the RIPE NCC regarding these Legacy Internet Resources are not transferred to the third party. The third party has to sign a contractual agreement with either the RIPE NCC or a sponsoring LIR.

j. The Legacy Internet Resource Holder has no rights to use the Legacy Internet Resources

If a third party provides sufficient evidence proving the Legacy Internet Resources must not be registered with the Legacy Internet Resource Holder, the RIPE NCC will immediately terminate the Legacy Agreement.

If the sufficient evidence refers to some of the Legacy Internet Resources, the RIPE NCC may decide not to terminate the Legacy Agreement but to update it by removing the Legacy Internet Resources in doubt.

2. Consequences

This section describes the consequences of the termination of:

• The Legacy Services the RIPE NCC provides to a Member pursuant to the RIPE NCC Services for Legacy Internet Resources of RIPE NCC Members Terms and Conditions;

• The RIPE NCC Services for Legacy Internet Resources Agreement; or

• The Legacy Agreement between a Legacy Internet Resource Holder and a sponsoring LIR

Upon termination of the Legacy Services/Agreement for reasons of non-compliance with contractual responsibilities:

• The RIPE NCC will add the remark “No-contract” in the RIPE Database resource object; and

• A warning statement will be added to the relevant records in the RIPE Database mentioning that the Legacy Internet Resources are not covered by a contractual relationship; and

• The RIPE NCC will withdraw the reverse delegation; and

• The RIPE NCC will not be obliged to keep providing the holder with services other than those provided, with regards to each Legacy Internet Resources immediately before the agreement to the RIPE NCC Services for Legacy Internet Resources of RIPE NCC Members Terms and Conditions or the signing of the Legacy Agreement (this does not include the reverse delegation)

Upon termination of the Legacy Service/Agreement for any other reason:

• The RIPE NCC will add the remark “No-contract” in the RIPE Database resource object; and

• A warning statement will be added to the relevant records in the RIPE Database mentioning that the Legacy Internet Resources are not covered by a contractual relationship; and

• The RIPE NCC will not be obliged to keep providing the holder with services other than those provided, with regards to each Legacy Internet Resources immediately before the agreement to the RIPE NCC Services for Legacy Internet Resources of RIPE NCC Members Terms and Conditions or the signing of the Legacy Agreement

Please note that if the termination of the Legacy Agreement takes place because of contractual relationship changes between the Legacy Internet Resource Holder and the sponsoring LIR, the RIPE NCC procedural document Legacy Internet Resources – Contractual Relationship Changes Between Sponsoring LIR and Legacy Internet Resource Holder is applicable.

3. Change of Status of Legacy Internet Resources

If a Legacy Internet Resource Holder (Member or not) wants to have particular Legacy Internet Resources registered as if they had been distributed by the RIPE NCC, the Legacy Internet Resource Holder must send an email to legacy@ripe.net. In the email, the Legacy Internet Resource Holder must:

• Indicate the Legacy Internet Resources; and

• Acknowledge that the RIPE NCC will apply for these resources the RIPE Policies concerning Internet number resources distributed by the RIPE NCC

The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon the sending of such notice, the resources will be considered as distributed by the RIPE NCC.

4. Deregistration of Legacy Internet Resources

If a Legacy Internet Resource Holder (Member or not) wants to deregister particular Legacy Internet Resources, the Legacy Internet Resource Holder must send an email to legacy@ripe.net. In the email, the Legacy Internet Resource Holder must:

• Indicate the Legacy Internet Resources; and

• Acknowledge that they resign from any rights with regards to these resources

The RIPE NCC will send an acknowledgement of the receipt of the notice. Upon the sending of such notice, the Legacy Internet Resource Holder must stop announcing the Legacy Internet Resources. The RIPE NCC will:

• Withdraw the reverse delegation; and

• Delete all relevant objects in the RIPE Database, including route objects