.PT Domain Registration Regulations. Legal Deposit no /10

Transcription

1 .PT Domain Registration Regulations Legal Deposit no /10

2 .PT Domain Registration Apartado Lisbon tel: request@dns.pt URL: 1 st July 2010:

3 TABLE OF CONTENTS PREAMBLE... 1 CHAPTER I - CONDITIONS FOR REGISTERING DOMAIN NAMES UNDER.PT 3 SECTION I... 3 General Conditions... 3 Article Article Article Article Article Article Article Article Article SECTION II... 7 REGISTERING DOMAINS UNDER.PT... 7 Article Article SECTION III... 8 REGISTERING DOMAINS UNDER.NET.PT... 8 Article Article SECTION IV... 9 REGISTERING DOMAINS UNDER.GOV.PT... 9 Article Article Article SECTION V REGISTERING DOMAINS UNDER.ORG.PT Article Article SECTION VI REGISTERING DOMAINS UNDER.EDU.PT Article Article SECTION VII REGISTERING DOMAINS UNDER.INT.PT i

4 Article Article SECTION VIII REGISTERING DOMAINS UNDER.PUBL.PT Article Article REGISTERING DOMAINS UNDER.COM.PT Article Article SECTION X REGISTERING DOMAINS UNDER.NOME.PT Article Article SECTION XI Other types of Registration Article Article SECTION XII Legal Verification and Assessment Article Article CHAPTER II- MAINTENANCE Article Article Article Article Article Article CHAPTER III - ALTERATIONS Article Article CHAPTER IV - DELETIONS Article Article Article Article Article CHAPTER V - RESPONSIBILITY ii

5 Article Article CHAPTER VI - THE.PT DNS ADVISORY COUNCIL Article Article Article CHAPTER VII - ARBITRATION Article Article Article CHAPTER VIII FIN+AL AND TRANSITORY PROVISIONS Article Article iii

6 PREAMBLE The FCCN - Fundação para a Computação Científica Nacional, (Foundation for National Scientific Computing) is a private non-profit making institution whose responsibility is to manage, register and maintain.pt domains within the scope assigned to it by the organisation IANA - Internet Assigned Numbers Authority (RFC 1032/3/4 and 1591), confirmed and recognized by the ICANN- Internet Corporation for Assigned Names and Numbers. Since 2001, the FCCN has been organizing the.pt name space, through classifying domains designed to share the space for.pt addresses, in order to more easily accommodate different types of entities and business sectors. In this way, the registration of domains can be located directly under.pt, or under one of the classifying domains.net.pt,.gov.pt,.org.pt,.edu.pt,.int.pt,.publ.pt,.com.pt or.nome.pt. Only domains registered directly under.pt or under the classifying domains referred to in this document are considered official.pt domains, i.e. the FCCN s responsibility. At an international level, the FCCN continues to actively participate, as a member and participant, in meetings and work groups of accredited organisations concerning the Internet, like the ICANN and the CENTR Council of European National Top level domain Registries. The FCCN carries out its work within the scope of the recommendations provided by these entities, in order to ensure: The technical and administrative management of the space for.pt Internet addresses; The correct configuration and operation of the primary DNS server for the pt zone; The maintenance of a database of the registered domains, which is accessible via the Internet; Provision of statistical data on.pt domain registration; The operation of an autonomous body with an advisory role the DNS pt Advisory Council whose aim is to involve noteworthy entities in the Internet field to evaluate the service provided to the community and to draw up and interpret the rules for the Registration of Domains. Fundação para a Computação Científica Nacional 1

7 Moreover, taking into account the fact that issues relating to domain names and intellectual and industrial property rights arise more and more frequently, following international recommendations, the FCCN: Pursues a policy intended to avoid the speculative and abusive registration of domain names under.pt, which complies with best practice, including the recommendations by the World Intellectual Property Organisation (WIPO); Maintains a policy for the extra-judicial resolution of disputes arbitration proceedings, which, in accordance with best practice, will provide procedural guarantees to the parties involved and notwithstanding possible judicial procedures, will be applied using an Institutionalised Arbitration Centre with specific competence in this area; It has been possible, since 1 st January 2005, to register domain names with special characters from the Portuguese alphabet, in accordance with the international recommendations that indicate multi-lingual usage of the Internet. It carries out its important role as top level domain Registry for Portugal (.PT), and with the objective of assuring the authenticity and integrity of DNS queries on.pt domains has implemented the security extensions to the DNS protocol known as DNSSEC. The FCCN will continue to promote and facilitate partnerships with entities, with a view to optimising the management of domain registration, through a registrar, with easy access rules and using the EPP Protocol. The FCCN also encourages Internet users to send in all suggestions related to this document. This document is available in electronic format at Fundação para a Computação Científica Nacional 2

8 CHAPTER I - CONDITIONS FOR REGISTERING DOMAIN NAMES UNDER.PT SECTION I GENERAL CONDITIONS Article 1 Technical Conditions 1. In order for a domain to be assigned to the.pt zone, it is essential to indicate a primary name server. 2. It is advisable that the server indicated is correctly installed and configured to enable an authoritative response to the domain to be registered. 3. It is recommended that one or more secondary servers be simultaneously configured, in order to guarantee the DNS service s redundancy. 4. Whenever it is technically viable, the various servers should be located in different buildings and they should not use the same local network. 5. The servers should be configured in accordance with the parameter rules established in RFC 819, 920, 874, 1032 to 1035 and 1101, as well as in any other current or future documents that are applicable in this context. 6. The registration of domains simply for the purpose of reserving an associated name does not require any technical data. Article 2 Ways of Registering To register a.pt domain name, the interested party can: a) use one of the Registrars accredited by the FCCN, which can be found in the list available at b) carry out the registration on-line, at for which the particular conditions for each hierarchy must be obeyed, in accordance with the sections within this chapter. Fundação para a Computação Científica Nacional 3

9 Article 3 Administrative Conditions The FCCN reserves the right to carry out an a posteriori control, within the terms set forth in section XII of chapter I regarding registered domains, and guarantees compliance with that established in the present regulations. Article 4 Timing for Activation and Validation 1. After registering the domain, paying the maintenance fee within the terms of art. 35 and verifying that the servers have been correctly configured and connected, the domain will be activated. If technical information is not indicated or if it does not correspond to the authoritative server, the domain will remain in the reserved status and will not appear assigned to the.pt zone. 2. The domain will remain registered for the period that has been paid for and will expire, if there is no desire to renew it, in accordance with and for the purposes of that set forth in articles 35 and 36 of the present regulations. Article 5 Those Responsible for the Domain To register a domain the following contacts must be indicated: a) Holder - Individual or corporate body that takes on the ownership of the domain. It is his or her responsibility to choose the domain name and assume complete responsibility for it. The holder may indicate an entity to manage the registration/maintenance process, or choose to assume these tasks him/herself, by carrying out the user registration online. In the case of a corporate body, the full name of an individual to be contacted, when necessary, must also be indicated. b) Managing entity of the domain - responsible for the management of the domain registration/maintenance process. Therefore, you must provide and maintain up-todate the data supplied at the time of registration, both for administrative/financial issues and for technical issues. The FCCN will not be responsible for any difficulty in making contact as a result of this data not being up-to-date or being incorrect. The managing entity may be an entity with registrar status with the FCCN, in accordance with the list available at Fundação para a Computação Científica Nacional 4

10 c) Technical contact - Responsible for the technical administration of the DNS zone under the domain and for configuring the hosts in that same address space. The person must have technical knowledge and be available to receive and evaluate reports about problems and, when needed, take the necessary action to solve them. The technical contact will be duly notified of problems of a technical nature that arise from the domain registration/maintenance process. Apart from the information indicated in the registration, it must be possible to contact the technical contact through a mailbox specified in the SOA resource record, which should therefore be active. Article 6 Contacts 1. The.pt Domain Registry can be contacted with any request for information, clarification or, generally, for any matter related to the attribution or management process of domain names, this contact should preferably be made by to request@dns.pt. 2. The.pt Domain Registry can also be contacted by fax on , by telephone (blue line) , from abroad , (working hours weekdays, from 8 a.m. to 8 p.m.), or by post (DNS.PT, Apartado 50366, Lisbon). Article 7 Notifications/Periods for Regularisation 1. The respective managing entity will be notified of any administrative/financial noncompliance in the domain registration process. 2. If they are issues of a technical nature the technical contact will be notified. 3. The FCCN will use electronic mail and SMS text messages as the preferred means of contact with the various people responsible for the domain and will only use other means when the former are not available. 4. Notifications sent to the addresses and contact numbers indicated by the domain managing entity will always be deemed valid and delivered. Fundação para a Computação Científica Nacional 5

11 Article 8 General Conditions for Composing Names 1. Unless otherwise indicated, the domain name to be registered must have between 2 and 63 characters belonging to the following group: abcdefghijklmnopqrstuvwxyz 2. The domain name can also have special characters from the Portuguese alphabet, due to the use of accents and punctuation marks, in accordance with the following table: á à â ã ç é ê í ó ô õ ú 3. To separate words, only the hyphen «-» is acceptable, which cannot be used at the beginning or end of the domain name. Acceptable examples: cm-lisboa.pt, guardaredes.com.pt. 4. Conversions of characters not included in the previous points are also acceptable when these characters are the basis for requesting registration, in the cases where this is compulsory through these Regulations. Thus, namely: The character & could be converted into the character e or and"; The could be converted into the character a ; Numbers written in full could be converted into figures and vice-versa. Article 9 Prohibited Domain Names: 1. Apart from the items prohibited for each.pt hierarchy, the domain name cannot: a. Correspond to words or expressions against the law, public order or proper practice; b. Correspond to any top Internet domain name in existence or in the process of being created; Fundação para a Computação Científica Nacional 6

12 c. Correspond to names that lead to error or confusion over their ownership, namely by coinciding with well-known or prestigious brands that belong to someone else; b) Correspond to any Internet protocols, applications or terminology, understood as those defined by the IETF The Internet Engineer Task Force; a. Contain two hyphens «--» in a row in the third and fourth position; b. Correspond to a geographical name, except for registrations in the.com.pt hierarchy, in which this prohibition is not applied, and directly under.pt within the terms of sub-paragraph b) of paragraph 1 of article 11; 2. The registration of a domain is not permitted if the same name has already been registered in the desired hierarchy. The same name may, however, be registered in different hierarchies. 3. The holder of a.pt domain name guarantees that the registered name and its ownership do not clash with third-party established rights. SECTION II REGISTERING DOMAINS UNDER.PT Article 10 Legitimacy All corporate bodies, sole proprietors, independent professionals and trademark owners can directly register domain names under.pt. Article 11 Composing a Domain Name 1. The domain name registered directly under.pt must obey the following rules: a) Have between 3 and 63 characters belonging to the group provided for in paragraphs 1 and 2 of article 8; b) In the case of geographic names, these can only be legitimately registered by the legal administrative authority; Fundação para a Computação Científica Nacional 7

13 The legal administrative authority is understood to be that which carries out administrative affairs on restricted geographic areas, namely, the State with regard to its territory, the Regional Governments regarding the territory of the Autonomous Regions, the local governments with regard to the respective district, the local authorities with regard to the respective administrative areas and the State local bodies with regard to the administrative area in which they carry out their responsibilities. c) In the case of duly registered private, co-operative and public corporate bodies, the domain name must coincide with the respective name, firm or denomination or its abbreviation or acronym; d) In the case of duly registered sole proprietors, the domain name must coincide with the respective name, firm or denomination; e) In the case of independent professionals, the domain name must completely coincide with the respective professional name as it appears on the document proving the professional category. When there is no pre-defined professional name, namely with a professional Body, this will have to be made up of a minimum of two names; f) In the case of owners of trademarks registered through the national, European or international registry, the domain name must completely coincide with the sign of the registered trademark and only brand names as they appear on the respective registered national, European or international ownership will be accepted as a basis for registration, as long as in the case of the latter, the trademarks are extended to Portugal. SECTION III REGISTERING DOMAINS UNDER.NET.PT Article 12 Legitimacy Electronic service providers registered with ANACOM Autoridade Nacional de Comunicações (National Communications Authority) can register domain names under.net.pt. Fundação para a Computação Científica Nacional 8

14 Article 13 Composing a Domain Name The composition of a domain name registered under.net.pt must obey the following rules: a) It must coincide with that registered with ANACOM Autoridade Nacional de Comunicações (National Communications Authority); b) Abbreviations or acronyms of the names which appear in the registration mentioned in sub-paragraph a) are accepted, except if they result in inversions or additions to those names; c) It may integrally coincide with a brand name ownership, in the 38 th class of the applicant s ownership. SECTION IV REGISTERING DOMAINS UNDER.GOV.PT Article 14 Legitimacy Entities which are part of the Government structure of the Portuguese Republic can register domain names under.gov.pt. Article 15 Composing a Domain Name The domain name registered under.gov.pt must coincide with the denomination of the holder, with its abbreviation or acronym, or with the name of projects or actions which it carries out or will carry out. Article 16 Registrar The registration process for a domain under.gov.pt is carried out by CEGER Centro de Gestão da Rede Informática do Governo (Management of the Government s IT Network), in accordance with the regulations available at applying, in addition, the provisions of the present Rules. Fundação para a Computação Científica Nacional 9

15 SECTION V REGISTERING DOMAINS UNDER.ORG.PT Article 17 Legitimacy Non-profit organisations and individual entities can register names under.org.pt. Article 18 Composing a Domain Name The domain name under.org.pt must coincide with the name of the holder, or with its abbreviation or acronym, or with any project or action carried out by the domain name holder. SECTION VI REGISTERING DOMAINS UNDER.EDU.PT Article 19 Legitimacy Public teaching establishments and owners of private and co-operative teaching establishments can register domain names under.edu.pt. Article 20 Composing a Domain Name The domain name under.edu.pt must coincide with the designation allocated on the document which identifies/recognises the nature of the teaching establishment, or with an abbreviation or acronym of that designation, except, in the case of the latter, if it results in an inversion or addition to it. SECTION VII REGISTERING DOMAINS UNDER.INT.PT Fundação para a Computação Científica Nacional 10

16 Article 21 Legitimacy International organisations and diplomatic representatives duly registered with the Registo Nacional de Pessoas Colectivas (National Registration of Corporate Bodies) can register domain names under.int.pt. Article 22 Composing a Domain Name The domain name under.int.pt must coincide with the designation of the holder, duly proven by documentation which identifies the type of holder, or with an abbreviation or acronym of that designation, except, in the case of the latter, if it results in an inversion or addition to it. SECTION VIII REGISTERING DOMAINS UNDER.PUBL.PT Article 23 Legitimacy Periodical publications registered with the Instituto da Comunicação Social ICS (Institute of Mass Media) can register domain names under.publ.pt. Article 24 Composing a Domain Name The domain name under.publ.pt must integrally coincide with that in the periodical publication s registration with the Instituto da Comunicação Social ICS (Institute of Mass Media) or with an abbreviation or acronym of it, except, in the case of the latter, if it results in an inversion or addition to it. Fundação para a Computação Científica Nacional 11

17 -SECTION IX REGISTERING DOMAINS UNDER.COM.PT Article 25 Legitimacy All individual and corporate bodies can register domain names under.com.pt. Article 26 Composing a Domain Name The domain name under.com.pt must observe the rules regarding the general conditions for composing names provided for in articles 8 and 9. SECTION X REGISTERING DOMAINS UNDER.NOME.PT Article 27 Legitimacy Any individuals who hold a Portuguese identity card, as well as all residents in Portugal who hold a valid residence card, can register domain names under.nome.pt. Article 28 Composing a Domain Name The domain name under.nome.pt must be composed of: a) Two or more names which appear on the applicant s identity card or residence card, one of which should be the surname, or alternatively, the names may consist of abbreviations or acronyms, unless the composition of these gives rise to a first name or surname taken into consideration individually; b) The literary, artistic, scientific or professional name used by the holder. Fundação para a Computação Científica Nacional 12

18 SECTION XI OTHER TYPES OF REGISTRATION Article 29 Registrations Based on Criteria Established by Law Apart from the possibilities of registering domain names referred to in the previous paragraphs, registrations which obey conditions that are established by law are also allowed. Article 30 Temporary Registration of Domain Names in the Public Interest On the decision of the FCCN's Executive Council, the registration of domain names based on grounds of public interest is also permitted. SECTION XII LEGAL VERIFICATION AND ASSESSMENT Article 31 Monitoring and Immediate Deletion 1. The FCCN ensures a swift monitoring mechanism of all registered domain names. 2. Apart from the cases set forth in the following article, the registration of a domain will be deleted immediately if, after the monitoring mentioned in the previous paragraph, noncompliance with the conditions concerning the composition of names is detected. 3. The deletion will be communicated to the managing entity and as from that moment the domain will be free. Article 32 Legal Assessment of Domain Registration 1. All domain names registered directly under org.pt and.com.pt are subject to a posterior monitoring to ensure compliance with the rules for composing domain names, namely their non correspondence to words or expressions against the law, public order or proper practice, Fundação para a Computação Científica Nacional 13

19 or correspond to names that lead to error or confusion over their ownership, namely as they coincide with renowned or prestigious brands belonging to someone else; 2. For the remaining hierarchies referred to in the previous paragraph, the FCCN may carry out an a posteriori control regarding the legitimacy, the basis for registration and the conditions concerning the acceptance of names of the registered domains in general, in order to verify compliance with the present regulations. 3. In the cases provided for in paragraph 2 and whenever the FCCN deems necessary, the managing entity of the domain in question may be requested, by , to send to the FCCN, within 2 working days, copies of the registration s support document(s). 4. The documentation referred to in the previous paragraph must be sent by to request@dns.pt or to the fax mentioned in article Non-compliance with the Rules for Registering Domain Names following the verification carried out within the terms of this article, as well as insufficient or incorrect data leads to the immediate deletion of the domain. Fundação para a Computação Científica Nacional 14

20 CHAPTER II- MAINTENANCE Article 33 Technical conditions 1. In the case of domain name registration simply for the purpose of reserving that name, maintenance of the process does not imply compliance with any technical conditions; 2. In order for the assignment of a domain to be maintained in the.pt zone, the name servers indicated in the process must be guaranteed permanent access to the Internet, so that these can be consulted at any time, and the response of these servers regarding the domain in question must be authoritative. Article 34 Providing and Updating Data 1. The holder and the managing entity of the domain authorise the data regarding the domain, as well as the respective contacts, to be put into electronic format and disclosed on the Internet by the FCCN, for consultation by the public in general and to enable the domain name to be associated with its holder and those responsible for its management. 2. The holders of the data provided on the Internet by the FCCN, have the right to access it and must update it whenever there is an occurrence that requires such an update. 3. The holders of the data provided on the Internet can oppose to its disclosure, in which case they should inform the FCCN in writing of this intention. 4. When registering the domain name it is possible to choose for it not to be disclosed on the DNS.PT website, in which case the FCCN must be informed of this intention, in writing. Fundação para a Computação Científica Nacional 15

21 Article 35 Payments 1. Registering a domain name implies the payment of a maintenance fee, in accordance with the table approved by the Executive Council of the FCCN and published on the website 2. For the purpose of applying the maintenance fee to be paid, the date of the domain s submission on the FCCN s database will be considered. 3. The maintenance fee covers the costs of registration, management and maintenance of the domain. 4. When the managing entity of the domain is a registrar, the latter will make the payments that are due to the FCCN. Article 36 Invoicing 1. The FCCN provides the necessary references for payment of the price, in accordance with the method chosen for that purpose. 2. The FCCN issues the first invoice/receipt for the payment referred to in the previous paragraph and makes it available to the managing entity. 3. The FCCN duly informs the managing entity in advance, by or SMS, of the domain name s expiration, and alerts them for the necessity to renew it through the mechanism available online at 4. Activating the renewal mechanism implies the payment of the period chosen at the time of renewal and the issue of an invoice/receipt. 5. If the renewal mechanism is not activated, it implies moving to the "Pending Deleted status for a maximum of 30 days, during which time it can only be reactivated in the holder s name. 6. If reactivation does not take place within the period mentioned in the previous paragraph, the domain name will become free for registration. 7. Invoicing to registrars is carried out in accordance with specific rules, agreed by protocol with these entities, and so the general rules do not apply. Fundação para a Computação Científica Nacional 16

22 8. Unless otherwise declared during registration, it is understood that the person responsible for the payment of the domain name adheres to the system of electronic invoicing within the terms of the legislation in force. Article 37 Methods of Payment Within the terms of the law, the FCCN accepts all legal means of payment, although, in order to speed up the service provided, advises the use of electronic means of payment. Article 38 Review of Prices The FCCN may review the prices annually. The amount to be paid is that which is in force on the invoice date and does not implicate that amount being updated or any additional charge or reimbursement for the domain holder during the period covered by that payment. Fundação para a Computação Científica Nacional 17

23 CHAPTER III - ALTERATIONS Article 39 Procedure 1. To make any alterations to the data in the process, using the access credentials given at the time of registration, the respective contact should carry out the desired alterations on-line and these will be duly processed, except in the case of any irregularity; 2. If the alterations imply changing the primary and/or secondary servers, the previous person responsible for technical matters should proceed to delete the respective configurations on the old servers in order to guarantee correct use of the domain; 3. Changing the ownership of a domain depends on express request to the FCCN by the new holder, attaching the support documents that legitimise that transferral. When the alteration is authorised, it will be carried out by the FCCN who will advise the previous holder. The domain name must continue to obey the same rules for composing the name foreseen for the respective hierarchy. 4. The FCCN will also proceed to change the ownership of the domain whenever there is an arbitral or judicial decision to that intent. Article 40 Prohibition of changing a Domain Name Alterations to previously registered domain names are not permitted. Fundação para a Computação Científica Nacional 18

24 CHAPTER IV - DELETIONS Article 41 Deletion at the Will of the Holder 1. In order to delete a domain, using their access credentials, the holder or managing entity must request the deletion of the domain on-line, or alternatively, send a request to that effect, in writing, to the contacts indicated in article Whenever deletion is requested by the managing entity, the FCCN will inform the holder by or SMS, and he or she may oppose this within 8 days as from the referred notification. 3. Deletion of the domain does not confer the right to any reimbursement. Article 42 Deletion by the FCCN A domain is deleted by the FCCN when one of the following situations is brought to its knowledge: a) Loss of the right to use the domain, namely by the power of an arbitral or judicial decision; b) Cessation of the holder s business, which is the pretext for attributing the domain, in the hierarchies in which that is applicable; Article 43 Suspension by the FCCN Reiterated Practice of Speculative and Abusive Registrations 1. Whenever the FCCN detects a holder s reiterated practice of speculative and abusive domain name registrations, it can place the domain names in question in the Pending Delete status, and they will be suspended until the FCCN decides to reactivate or definitively delete them; 2. A holder s reiterated practice of speculative and abusive domain name registration will be considered when the monopolisation of domain names is found or if these have been registered with the objective of disturbing third-parties businesses or to attract Internet users, causing them error or confusion about the ownership of the domains. Fundação para a Computação Científica Nacional 19

25 3. The FCCN notifies the holder and the managing entity by electronic mail at the addresses found in the database, indicating the reasons for the suspension of the domain and will make the referred list available on its page at 4. The domains are suspended for a maximum period of 30 days, during which time the holders of previous rights can request their registration and the FCCN will publish a list of this type of suspended domains on its Internet site 5. At the end of the period referred to in the previous paragraph, and in the case of the domain names not being legitimately claimed, the FCCN will reactivate them in the name of the initial applicant. Article 44 Other cases of Deletion and Expiration by the FCCN Apart from the cases provided for in the present regulations, a domain can be deleted by the FCCN if: a) Insufficient or incorrect data is supplied, preventing the FCCN from making contact with those responsible for the domain; b) It detects false identification data of the domain contacts, namely the respective fiscal identification; c) The domain renewal mechanism is not activated within the terms of article 36; d) The holder does not oppose the managing entity s intention to delete in accordance with paragraph 2 of article 41. Article 45 Notification 1. The FCCN notifies the holder and the managing entity by at the addresses found in the database, indicating the reasons for the deletion of the domain, which will be effective 8 days after sending the referred In the case of expiration, this will occur automatically and the notification provided for forth in the previous paragraph will not take place. 3. In the cases of deletion referred to in article 32, this takes place immediately. Fundação para a Computação Científica Nacional 20

26 CHAPTER V - RESPONSIBILITY Article 46 The Responsibility of the Domain Holder 1. The holder of a domain assumes total responsibility for the choice of name requested and should ensure that this does not clash, namely with another s intellectual property rights or with any other rights or legitimate interests of third parties. 2. On registering a domain, the holder assumes the obligation to integrally observe the rules set forth in the present regulations and the legislation in force. Article 47 The Responsibility of the FCCN 1. As the legal entity for the registration and management of domains under.pt, the FCCN promotes the correct maintenance of the domain name space from an administrative, legal, and technical aspect. 2. The FCCN s contractual responsibility, namely that resulting from the alteration, expiration and deletion processes of domains, is limited to the cases in which fraud or gross negligence occurs. Fundação para a Computação Científica Nacional 21

27 CHAPTER VI - THE.PT DNS ADVISORY COUNCIL Article 48 Composition The.pt DNS Advisory Council is an organ with an advisory role, composed of noteworthy entities in the Internet, intellectual and industrial property and telecommunications fields. Article 49 Duties 1. It is the Advisory Council s duty, on its own initiative or on request by the FCCN s Executive Council, to issue opinions and recommendations about the management of the.pt Internet name space, namely concerning: a) Evaluation of the service provided to the Internet community; b) Evolution of the rules for Registering Domains under.pt. 2. The Advisory Council may also be requested by the FCCN s Executive Council to give its opinion on other matters related to registering and maintaining domains under.pt, namely regarding doubts or claims related to the application of the present regulations. Article 50 Operation The operation of the Advisory Council is subject to internal regulations. Fundação para a Computação Científica Nacional 22

28 CHAPTER VII - ARBITRATION Article 51 Institutionalised Voluntary Arbitration 1. In the case of dispute concerning domain names, the holders of these can agree to turn to institutionalised voluntary arbitration, provided for and regulated in article 38 of Law 31/86 of the 29 th of August and Decree 81/2001 of the 8 th of February, respectively. 2. When registering a domain name, the holder can agree to the arbitration convention with regard to the resolution of disputes over domain names, by designating for that purpose, the Centro de Arbitragem para a Propriedade Industrial, Nomes de Domínio, Firmas e Denominações - Arbitrare (Arbitrare - Arbitration Centre for Industrial Property, Domain Names, Companies and Company Names). 3. The arbitration procedure can be found in the Arbitration Centre s Regulations and in the legislation in force on the subject. 4. The arbitration referred to in the previous paragraphs applies to situations of non-compliance regarding a domain name and can be requested by any interested party: a) Against the holder of the domain name that is the subject of arbitration; or b) Against the Registry (FCCN Foundation for National Scientific Computation), for deleting or accepting the registration of a domain name; Article 52 Injunction 1. In the arbitration process, whenever the applicant shows grounded fear that another is causing serious harm to his right, which will be difficult to set right, temporary suspension of the domain name in dispute can be requested, in order to ensure the effectiveness of the threatened right. 2. The arbitration tribunal s decision that defers the injunction is notified to the FCCN who will suspend the domain name, indicating the reasons, until the final decision of the arbitration proceeding. Fundação para a Computação Científica Nacional 23

29 Article 53 Institutionalised Voluntary Arbitration Criteria 1. In the case of the proceeding being proposed against the holder of the registration whose domain name is the subject of arbitration, the decision that comes to settle the present disputes may amount to the initial situation being maintained or to the deletion and/or transferral of the domain name ownership. 2. For the purpose of that provided for in the previous paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the following cumulative provisions: a) The domain name coincides with, is identical to or susceptible to causing confusion with a name or designation protected within the terms of the legal arrangements in force in favour of the claimant of the arbitration proceedings; b) The domain name was registered without being based on any rights or legitimate interests previously acquired by its holder; c) The domain name is registered or being used in bad faith. Sole Paragraph: for the purpose of verifying the existence of bad faith, the following facts or circumstances, among others, may be used as evidence: the domain name was registered or acquired with a view to later selling it to the claimant; the domain name was registered expressly in order to disturb the claimant s professional business; the domain name was used intentionally, in the pursuit of commercial gain, to attract Internet users to the claimant s website; the domain name is made up of one or more first names or of the combination of a first name and the claimant s surname. 3. In the case of the proceeding being proposed against the Registry (FCNN Foundation for National Scientific Computation), the decision that comes to settle the present disputes may consist of the FCCN being obliged to delete a domain name that was unduly accepted or to accept the registration of a domain name that was unduly refused. 4. For the purpose of that provided for in the previous paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the legal arrangements and regulations regarding the composition of domain names, namely if there is a violation of the rules which prohibit the.pt domain name being the same as words or expressions against the law, public order or proper practice, as any top Internet domain name in existence or in the process of being created, or as a geographical name whose ownership Fundação para a Computação Científica Nacional 24

30 does not come under the legal administrative authority for that registration. The domain name in the various.pt hierarchies must also meet the rules for the legitimacy and basis for registration provided for in the Regulations, for each one. Fundação para a Computação Científica Nacional 25

31 CHAPTER VIII FIN+AL AND TRANSITORY PROVISIONS Article 54 Effective Date 1. The present regulations apply as from 1 st July, The rules resulting from the present revision do not apply to processes which are pending at the time of it entering into force. 3. No alteration to any point in the rules can affect the registration of a domain carried out within the scope of the previous rules. Article 55 Evaluation Notwithstanding the immediate introduction into the present regulations of modifications that become justified, the same overall evaluation will be applied, with a view to a possible revision. Fundação para a Computação Científica Nacional 26