Personally, I think ARIN is in error in that interpretation, but that is just 
my personal opinion and carries no actual weight with anyone other than me.

I would suggest that you contact Leslie or John and request that your situation 
be reviewed by management. I know that there are a number of VPS companies that 
operate as end-users and I have even helped some of them to prepare their ARIN 
applications.

Owen

On Jul 17, 2013, at 5:40 PM, Jon Daniels <[email protected]> wrote:

> Is a VPS company an ISP or an end user?
> 
> ARIN told me in a ticket regarding an initial IPv4 end-user request
> (this is yesterday) that the virtual server (VPS) company i work for,
> is NOT an end-user, but is an ISP.  Each virtual servers uses less
> than a /29, and we do not do SWIP, reallocate, or reassign any IP
> space.  The company only provides virtual servers.
> 
> 
> 
> On Wed, Jul 17, 2013 at 2:18 PM, Owen DeLong <[email protected]> wrote:
>> 
>> On Jul 17, 2013, at 4:34 PM, William Herrin <[email protected]> wrote:
>> 
>>> On Wed, Jul 17, 2013 at 4:02 PM, Justin Krejci <[email protected]> 
>>> wrote:
>>>> Here is my newbie and possibly naive response.
>>>> 
>>>> Without additional details on individual cases in the list, I would expect 
>>>> all of those cases to be "end-users" as none of them are in the business 
>>>> of reallocating address blocks. Right or wrong I've always been under the 
>>>> impression this to be the general rule of thumb: if allowed to reallocate 
>>>> then you're an ISP, else end-user; maybe to back up even further the 
>>>> primary purpose of the listed organizations are not to provide Internet 
>>>> connectivity services nor is it their primary goal or likely even a 
>>>> secondary goal.
>>>> 
>>>> Akamai, provide effective access to 3rd party content
>>>> Google, provide advertising, searching, and various web related services
>>>> U of Maryland, provide education
>>>> Starbucks, provide beverages and calories in solid form
>>>> Hilton/Marriott, provide hospitality
>>>> Linode, provide virtual server hosting
>>>> Godaddy, provide DNS/web hosting
>>>> 
>>>> In any case, NRPM 2.6 says, "An end-user is an organization receiving
>>>> assignments of IP addresses exclusively for use in its operational
>>>> networks." I think all of these example cases seem to fit this wording
>>>> as they are operating their identified systems within their operational
>>>> networks.
>>> 
>>> Hi Justin,
>>> 
>>> What about Verizon Wireless? They're primarily a cellular phone
>>> company, and the overwhelming majority of the phones on which IP
>>> addresses are used are still on the rent-to-own plan where you have to
>>> complete the 2 year contract before you actually own the phone. Untill
>>> then you're just leasing the use of their equipment.
>> 
>> It's my understanding that it is inappropriate to name particular companies 
>> in this case, but the below applies equally well to $CELLCO, so I'll speak 
>> to that.
>> 
>> That's not true. If you were leasing their equipment, then you could 
>> terminate the contract and give the equipment back to them. Instead, you 
>> have to reimburse them for the subsidy (and possibly more in most cases). 
>> You bought the phone at a reduced price. You agreed to a service contract in 
>> exchange for that reduced price. If you terminate the contract early, you 
>> are obliged to pay back said discount.  That is to the same as leasing 
>> equipment they own.
>> 
>>> ISP or end-user?
>> 
>> ISP… $CELLCO generally assigns a block of addresses to the phone (at least 
>> my $CELLCO assigns a /64 to my phone) and should be registering those 
>> assignments. Further, they are also providing a service which is intended to 
>> provide internet access to customer-owned hardware (your lease argument 
>> doesn't actually hold water as stated above). Even if the hardware is 
>> leased, it still counts as hardware under the customer's control.
>> 
>>> What about Comcast? They're in the business of providing cable
>>> television service. They'll also provide you with Internet access on
>>> the same coax cable with the modem they rent you.
>>> 
>>> ISP or end-user?
>> 
>> The service is intended to be used to connect customer-owned equipment to 
>> the internet. As such, they are clearly in the LIR/ISP realm.
>> 
>> Owen
>> 
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