Rules Of Registration And Delegation Under The Domain Name Regulations

Transcription

1 Rules of Domain Name Registration in ENUM Valid from October 1, INITIAL PROVISIONS 1.1. This document specifies Rules of Registration and delegation of second and lower level Domain Names under the domain e164.arpa (ENUM) The terms used in these Rules of Registration have the following meanings: Block of phone numbers a block of all phone numbers having the initial 4 to 11 digits identical Central Register A database of information on Domain Names, their holders, and other persons. It is kept by the CZ.NIC Association. The Central Register is a source for delegation of Domain Names to the ENUM zone kept by the primary name server CZ.NIC group of legal persons CZ.NIC, ID Delegated Domain Name A registered Domain Name whose entry is kept by the CZ.NIC Association on the primary name server (known as the ENUM Zone) Date of Registration A date on which a Domain Name is registered in the Central Register Date of expiration The day following the date on which a Domain Name s registration period expires e164.arpa top-level ENUM domain (the so-called national ENUM domain) of the Czech Republic Domain Name second level domain created by an allowed process from a phone number or from a block of phone numbers Holder An individual or a legal entity that registered a Domain Name for himself. If there is no name of company or organisation entered in the Holder record, the person filing the application for the registration of a Domain Name is considered as the Holder. If a name of a company or organisation is provided, such company or organisation is considered as the Holder End user 1 - Person duly using the phone number, who is (a) an operator, if the phone number is used for personal purposes based on the allocation of a number by the respective government body; (b) an operator, if the respective phone number is used for personal purposes based on an agreement with an operator pursuant to the definition under (a) above or with another operator pursuant to the definition under (b); (c) a customer, if the respective phone number is used based on an agreement with the operator pursuant to (a) or (b) above or (d) a person with the written consent of the customer pursuant to the definition under (c) to use the particular phone number for the purpose of Domain name registration Contact An entry on a specific individual (natural or legal person) kept in the Central Register. Such entry can be administrative, technical or regarding the Holder Rules of registration The document entitled Rules of domain name registration in ENUM published by the CZ.NIC association Registrar An entity authorised to access the Central Register in a defined way and to submit requests for changes of entries kept in the Central Register. Any change in the Central Register may be made through a Registrar only Nameserver set Set of records containing at least 2 nameservers and at least one technical Contact Designated Registrar A registrar for a specific Domain Name designated by the Holder or for a specific Nameserver set designated by the technical Contact of the Nameserver set. Only one Designated Registrar is allocated to each registered Domain Name as well as to each Nameserver set Applicant An individual or a legal entity filing an application for registration of a Domain Name. 1 Section 2(c) of the Act on Electronic Communications, no. 127/2005 Coll. Page 1 (of 9)

2 2. DOMAIN NAME REGISTRATION 2.1. A Domain Name is registered through a Registrar The Registrar will obtain an approval from each Applicant of the current version of the Rules of Registration, which is a necessary prerequisite for the Domain Name registration. Such an approval will be deemed awarded if an Applicant accepts the current wording of the Rules of Registration in a manner which means an obvious agreement of the Applicant with the Rules of Registration. The following acts are considered as a valid approval: submitting an order for a Domain name registration; payment of the price for the Domain name registration or a price for another service put together with the Domain name registration by the registrar; commencement of using the Domain name by the Holder, or any other act by the Holder towards the registrar or the CZ.NIC association, if such an act concerns the change of records regarding the Domain name kept in the Central register The person who files an Applicant's Approval of the current wording of the Rules of Registration, in connection with an application for a Domain Name registration, will also declare that he/she is authorised to act in this respect on behalf of the Applicant At the request of the CZ.NIC Association, Registrars are obliged to provide access to and submit the Applicant's Approval of the current wording of the Rules of Registration, as of the date of registration, corresponding to clause 2.2. The CZ.NIC Association may provide access to and submit the information concerned to the court, court of arbitration or any other state authority for the purpose of judicial, arbitration, administrative, penal or any other similar proceedings The CZ.NIC Association registers Domain Names in an order of received the individual applications filed through Registrars. The CZ.NIC Association keeps records on each of the accepted applications for registration A Domain Name is always registered for multiples of a whole year starting on the Date of Registration of a Domain Name, however, not for more than 10 years Registration of a Domain Name means that a given Domain Name is allocated to the Holder for a set period of time The CZ.NIC Association will register a Domain Name provided that, The application for registration does not contain defects preventing further processing; The Applicant is an authorised end user of the phone numbers from which the Domain name should be created; The Domain name has been assigned an existing Contact in the role of a Holder; All the required data has been provided; The Applicant expressed his/her consent with the current wording of the Rules of registration; At the time of processing the application, the requested Domain name is not registered (this is without prejudice to the provisions of clause 10.5); The requested Domain Name follows the rules of creating Domain Names (see article 10) and Associated payments are cleared simultaneously with the registration. 3. EXTENSION OF DOMAIN NAME REGISTRATION 3.1. Registration of a Domain Name can be extended through a Designated Registrar Registration of a Domain Name can repeatedly be extended by multiples of a whole year, however, not for more than 10 years. The CZ.NIC Association will extend the registration provided that, The CZ.NIC Association receives instruction to extend the registration no later than on the date of expiration of the period for which the Domain Name was registered (it has no impact on the possibility to extend the registration of the Domain Name during the protective period specified in clause 6.2); The Applicant is an authorised end user of the phone numbers from which the Domain name to be extended was created; The Holder expresses an approval of the current wording of the Rules of Registration as of the registration extension date; the provisions of clause 2.2, 2.3 and 2.4 will apply accordingly Associated payments of the specified prices are simultaneously cleared. Page 2 (of 9)

3 4. DOMAIN NAME DELEGATION 4.1. A registered Domain Name does not have to be Delegated. Cancellation of the delegation of a Domain name has no impact on the registration of a Domain name CZ.NIC delegates registered Domain name with exactly one Nameserver set assigned CZ.NIC delegates a registered Domain name whose Holder has proved within the scope of validation his/her eligibility as an end user of the phone number or a Block of phone numbers from which the Domain name has been created The CZ.NIC Association is authorised to execute continuous technical inspection of name servers within the Nameserver set allocated to a Domain Name Cancellation of the registration of a Domain Name means an automatic cancellation of the Delegation of the Domain Name. Cancellation of the assignment of a Nameserver set to a Domain Name means an automatic cancellation of the Delegation of the Domain Name. Under the conditions stipulated herein the delegation of a Domain name can be cancelled even if a Nameserver set has been assigned to it. 5. DOMAIN NAME TRANSFER 5.1. The CZ.NIC Association will register a change concerning the Domain Name Holder (Domain Name transfer), following instructions submitted through a Designated Registrar of the Domain Name in question. The Designated Registrar is authorised to submit instructions concerning a change in the Domain Name Holder at the written request of a Holder and a future Holder The Registrar is obligated to obtain an approval of the future Holder of the current wording of the Rules of Registration as of the Domain Name transfer; the provisions of clauses 2.2, 2.3 and 2.4 will apply accordingly Any transfer of a Domain name can be carried out only in the case that the future Holder is an authorised end user of all phone numbers, from which the transferred Domain name is created Transfer of a Domain Name does not make the Holder eligible for reimbursement of a paid fee or any part of it Transfer of a Domain Name has no impact on the Date of Expiration of the transferred Domain Name. 6. EXPIRATION OF DOMAIN NAME REGISTRATION 6.1. The CZ.NIC Association will cancel registration of a Domain Name upon a request being filed through a Designated Registrar of a given Domain Name. Cancellation of the registration of a Domain Name does not constitute any right for reimbursement of a paid price or any part of it If registration of a Domain Name is not extended before the Date of Expiration (article 3), the Domain Name enters the so-called protective period, beginning from the Date of Expiration and lasting for 45 days It is possible to extend the registration of a Domain Name in accordance with article 3 of these Rules of Registration (retrospectively from the Date of Registration) If during the first 30 days of the protective period, the registration of a Domain Name is not extended, the CZ.NIC Association is authorised to cancel the Delegation of a Domain Name. In such a case, no change of data in the assigned Nameserver set nor any assignment of another Nameserver set to the respective Domain name leads to a re-delegation of a Domain name Registration of a Domain Name expires at the end of the protective period if the registration of a Domain Name is not extended during that period In case of termination of an agreement between a Designated Registrar and the CZ.NIC Association, based on which the Designated Registrar had its Registrar Status, the registration of Domain Names registered through the Designated Registrar does not cease to exist. The Holder is entitled to designate a new Designated Administrator at any time during that period. 7. REGISTRATION OF CONTACTS 7.1. The same Contact may be listed in more than one Domain name (Contact having the role of a Holder or the Administrative Contact) or in more than one Nameserver set (technical Contact). Page 3 (of 9)

4 7.2. Contacts are registered through one of the Registrars. By filing an application through a Registrar, the given person expresses their agreement with these Rules of Registration. 8. CHANGES AND THEIR AUTHORISATION 8.1. Modification of a Domain Name is not possible The Registrar that requested execution of the changes is responsible to the CZ.NIC Association for the authentication, authorisation, and validity of the request for execution of changes Changes of data in the Central Register shall be made by CZ.NIC based on an instruction of persons listed in the records of Domain names, Contacts and Nameserver sets as persons authorised to make such a change, provided that the instruction is carried out through the respective Registrar If a Contact is a legal person, such acts may be done apart from the persons listed in the Contact record by any person (or persons) eligible to act on behalf of the legal person. In such a case only an officially verified signature can be used for authentication. An original or verified copy of an extract from the Companies Register (not older than 3 months) or an extract from a similar register must be appended to a verified signature. The name of the legal entity on the official extract must fully correspond with the name of the legal entity specified in the Contact s record in the item designating the company or organisation. The confirming person (persons) must be authorised to act on behalf of the legal entity according to the official extract. If the authorised person acts by proxy, the confirmation must be accompanied with a letter of attorney with a verified signature All acts pursuant to the Rules of registration singed by an advanced electronic signature are considered as duly made, even in the case that such acts require officially verified signature If more persons authorised to make the same change are listed in the Central Register, such change may be made based on the instruction of any one of such persons Change of data items in the Domain name record Any change of data items in the Domain name record may be requested through the Designated Registrar, with the exception of the change of the Designated Registrar, which may be requested through the new Designated Registrar only. Item name Domain name Holder Administrative contact Designated Registrar Nameserver set dnssec Transfer Cancellation Contact authorised to confirm the change Cannot be changed Contact in the role of a Holder Holder, Administrative contact Holder, Administrative contact Holder, Administrative contact, technical contact belonging to existing Nameserver set Holder, Administrative contact Holder and the new holder Holder 8.8. Change of data items in the Contact s record Changes of data items in the Contact s record may be made through the Designated Registrar of a Domain name where the Contact has the role of the Holder or Administrative Contact or through the Designated Registrar of a Nameserver set where the Contact has the role of Technical Contact. If no such Domain name or Nameserver set exist the data items in the Contact s record may be changed through the Registrar who created the Contact. Item name Identifier Other data items (apart from the identifier) Contact authorised to confirm the change Cannot be changed The respective Contact 8.9. Change of data items in the Nameserver sets Changes of the Nameserver sets can be made through the Designated Registrar of the Nameserver set. Item name Identifier Technical contact Nameserver Cancellation Contact authorised to confirm the change Cannot be changed Technical contact Technical contact Technical contact Page 4 (of 9)

5 9. PRICE 9.1. The price of services provided by a Registrar to a Holder derives from an agreement between the Registrar and the Holder The price of individual services provided by the CZ.NIC Association to Registrars is specified in the CZ.NIC Association s price list, which is available to the Registrars. 10. RULES FOR CREATING A DOMAIN NAME It is possible to register only a Domain name created from phone numbers in full (international) format, with the Czech Republic s country code at the beginning within the public fixed telephony network 3, within the public mobile telephony network, 4 or within a virtual network (additional service) or with an access code 5 with the prefix (if the immediately following number does not equal 0 ) or the prefixes 81, 83, 84, 900, 906 or From the phone numbers listed in clause 10.1 the Domain names are created according to RFC by removing all non-numeric characters from the number in the full (international) format, reversing the order of digits in the phone number, inserting dots between digits, adding a dot and the ENUM domain e164.arpa after the last digit A Domain name created from a Block of phone numbers may be registered as well. In such a case, one Domain name for all phone numbers belonging to the respective Block of phone numbers is registered. Such Domain name is created using all the identical leading digits of the Block of phone numbers which are subject to the procedure described in clause CZ.NIC is entitled to cancel a registration of any Domain name which contravenes the rules for creating Domain names If a registration of a certain Domain name is requested by an Applicant different from the current Holder of the Domain name and the validation reveals that the Applicant is an authorised end user of the phone numbers from which the Domain name has been created, while the current Holder has not proved the contrary, CZ.NIC shall cancel the current registration of the Domain name and shall register the Domain name for the benefit of the new Applicant. 11. SPECIAL PROVISIONS CONCERNING BLOCKS OF PHONE NUMBERS Any Holder of a Domain name created from a Block of phone numbers is entitled to make decisions resulting in the division of the Block of phone numbers into more sub-blocks or phone numbers and to register them as separate Domain names. In such a case the registration of the Domain name created from the Block of phone numbers shall be cancelled and the new Domain names created based on the specific sub-blocks or separate phone numbers shall be registered If a registration of a new Domain name based on phone numbers belonging to a Block of phone numbers with a registered Domain name is requested by an Applicant different from the current Holder of the Domain name and the validation reveals that the Applicant is an authorised end user of the phone numbers from which the Domain name should be created, CZ.NIC shall request a validation of the original Domain name created from the respective Block of phone numbers In case that such a validation reveals that the Holder is not an authorised end user of the phone numbers from which the creation of a new Domain name is requested by the Applicant, CZ.NIC shall divide the original Block of phone numbers into a minimum possible number of sub-blocks and phone numbers and shall register the new Domain name for the Applicant. For the Holder, CZ.NIC shall register the respective Domain names created based on the subblocks and phone numbers and the first Domain name created in this way shall have the same Date of Expiration as the original Domain name. As far as the other Domain names created in this way are concerned, they are considered as new registrations and the Holder is 2 3 The Czech Republic country code (CC) is 420. Numbering plan of public telephony networks, Attachment A 4 Numbering plan of public telephony networks, Attachment C 5 Numbering plan of public telephony networks, Attachment C 6 Prefix means the DN (Destination Network [operator s number]) or SAC (Service Access Code) according to the Numbering plan of public telephony networks, Attachment C 7 Request For Comments This means marking a series of documents containing research data, measurements, observations, and proposed and accepted standards for the TCP/IP protocol 8 Example of a creation of ENUM domain: phone number = , ENUM domain = e164.arpa 9 Example of a creation of ENUM domain from a block of phone numbers: block of 100 numbers XX, ENUM domain = e164.arpa Page 5 (of 9)

6 obliged to pay the respective price within 1 month after such Domain names are created, otherwise the registration of such Domain names shall be cancelled by CZ.NIC In case that the Holder shall not carry out the validation within 14 days after the validation is requested, the registration of the original Domain name shall be cancelled by CZ.NIC and the new Domain name shall be registered for the Applicant. 12. VALIDATION Validation means a process verifying that an Applicant for a registration of a Domain name or a Holder of a Domain name is an authorised end user of phone numbers from which the Domain name should be or has been created Validation takes place when registering a Domain name, extending a registration of a Domain name and transferring a Domain name. Validation takes place each 6 months during the period of registration of a Domain name as well. The CZ.NIC Association is entitled to request a validation of a Domain name anytime The process of validation, including the facts, data and documents necessary for carrying out the validation is governed by the rules set out by the Registrar. Validation should be carried out through the Registrar. Affidavit made by a Applicant or Holder cannot be considered as a document proving that the Applicant or Holder is an authorised end user of phone numbers from which the Domain name should be or has been created An Applicant or Holder is responsible for the completeness and correctness of all documents and information submitted within the process of validation. 13. PRIVACY PROTECTION, DATA IN THE CENTRAL REGISTER The Central Register is kept by the CZ.NIC Association or by a person authorised by the Association. The CZ.NIC Association is the administrator of personal data kept in the Central Register. A Registrar is the producer of that type of data The person filing an application for the registration of a Domain Name, Holder or a Contact, or an application for a change in data concerning a Domain Name, Entity or a Contact Grants by filing an application an approval of the processing of his/her personal data entered in the application, for the purposes of maintaining and administering the Central Register, and with the publication of such data via the Internet, within the information services rendered by the CZ.NIC Association Is responsible for the accuracy of all data indicated in an application for registration, as regards the persons specified in the application, and declares that there are not any pseudonyms, that he/she has obtained the approval from all the persons whose personal data are to be included in the Central Register on the basis of an application for registration and undertakes to obtain such an approval also with respect to any changes in the persons concerned or any data concerning such persons Is obliged to report, through a Registrar and without undue delay, any changes of data provided to the CZ.NIC Association The Annex 1 lists the mandatory data used in the records of Domain names, Contacts and Nameserver sets CZ.NIC is entitled to request a provision of additional data necessary for the identification of the Holder and/or a person concerned, particularly the date of birth and ID number, if the provision of such a data is necessary for unambiguous identification within actual judicial, arbitration, administration, criminal or other proceedings; CZ.NIC may use such additionally provided data for the purposes of such proceedings Through the information services provided by CZ.NIC through the Internet, only the information that a certain Domain name has been registered and the information about the Technical Contact of such a registered Domain name shall be available. No data concerning the Holder of the registered Domain name shall be made accessible through the Internet. This is however without prejudice to the right of CZ.NIC to keep such data in the Central Register and to provide such data to Registrars if it is necessary from technical reasons with regard to the operation of the Central Register CZ.NIC is entitled to provide the data from the Central Register to government bodies and courts, including and arbitration court even if they are not made accessible otherwise, subject to the provision of law and within the official activities of such bodies or in connection with dispute resolution. Only the data concerning specific Contacts or specific Domain names may be provided in this manner. CZ.NIC is entitled to provide the historical data as well, if they are available, subject to the same conditions. Page 6 (of 9)

7 14. RIGHTS AND DUTIES OF THE CZ.NIC ASSOCIATION Subject to the conditions specified by these Rules of registration, the CZ.NIC Association undertakes to register a Domain Name and to maintain that registration under the set conditions; to keep the record concerning a registered Domain name in the Central Register; to keep the record concerning a delegated Domain name in ENUM zone; and to develop all possible efforts as may reasonably be required to secure the failure-free and problem-free operation of the Central Register and the primary name server The CZ.NIC Association, based on its decision, is authorised to cancel registration of a Domain Name, providing: Data kept in connection with a Domain Name in the Central Register is false, incomplete or misleading; The additional data pursuant to clause 13.4 are not provided within 15 days after sending the notice requesting their provision; The facts based on which a Domain Name was registered have changed. For example, the Holder ceased to exist without any legal successor or died without inheritors; No approval of the Rules of Registration or of the Rules of alternative settlement of disputes is granted according to the respective documents; Such a right derives from other provisions of the Rules of Registration CZ.NIC is entitled to take technical measures for the purpose of limiting the network traffic, if such network traffic jeopardises the stability of the systems of CZ.NIC, even if such measures lead or could lead to the limited accessibility of CZ.NIC services, functionality of the registered Domain names, name servers etc. In such a case, CZ.NIC is not liable for any damages. CZ.NIC is, however, obliged to make any reasonable effort to terminate the measures taken in the earliest possible time Cancellation of the registration of a Domain name made in accordance with the Rules of Registration by CZ.NIC may not result in entitlement to claim any fulfilment received by CZ.NIC from the Holder or from another person with regard to the Domain name concerned. 15. DAMAGE LIABILITY The Holder acknowledges that a Domain Name, its registration, or its use may infringe on third persons rights to other Domain Names, trade marks, brand names, names, business companies or legal regulations concerning unfair competition, protection of personality, etc. By filing an application for registration of a Domain Name, the Holder confirms that they are aware of the potential infringement on the specified rights and legal regulations and he/she has developed all the possible efforts that may reasonably be required from him/her to make sure that his/her registered Domain Name does not infringe on those rights and legal regulations The Holder is liable for damages caused to the CZ.NIC Association by providing the CZ.NIC Association with wrong, incomplete or misleading data or by using his/her Domain Name in a way that contravenes the Rules of Registration or infringes on third persons rights The CZ.NIC Association does not check the correctness of an application for registration of a Domain Name in terms of rights or rightful interests of third persons The Holder acknowledges that registration of a Domain Name does not constitute protection from third parties objections against registration or using a given Domain Name The CZ.NIC Association is liable neither for using or misusing a registered Domain Name, nor the manner of using a Domain Name. The CZ.NIC Association, therefore, is not liable for infringement on rights to trade marks, brand names, names or business firms of third persons arising from the registration or use of a Domain Name The CZ.NIC Association is not responsible for the functionality of name servers allocated to a Domain Name All the liabilities for all damages caused by the action or inaction of the CZ.NIC Association to the Holder in connection with one Domain Name is limited to an amount of CZK 250, MUTUAL COMMUNICATION Communication between the CZ.NIC Association and the Holder of a Domain Name is conducted through a Designated Registrar. Page 7 (of 9)

8 16.2. Communication between the CZ.NIC Association and the Registrar is conducted in a manner specified in the Business Conditions for Registrars A written communication pursuant to these Rules of Registration includes a wire or electronic communication, provided, however, that the contents of the communication can be recorded and the persons who have carried out such a communication can be identified. 17. SETTLEMENT OF DISPUTES BETWEEN A HOLDER AND THE CZ.NIC ASSOCIATION If a Holder and the CZ.NIC Association do not settle a mutual dispute concerning a Domain Name registered by the Holder, any of the parties may submit the dispute for decision to an arbitrary court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic The arbitration will be executed by three arbitrators in Prague, in the Czech language, in accordance with an order of the specified arbitration court The arbitration award is final and binding for both parties. 18. SETTLEMENT OF DISPUTES BETWEEN A HOLDER AND THIRD PARTIES The Holder is obliged to develop all the possible efforts he/she may reasonably be required to develop to peacefully settle disputes concerning Domain Names or their registrations, which may arise between the Holder and other persons. If the parties in dispute do not solve a dispute peacefully, they are completely free to solve their dispute in the framework of valid legal regulations, which is to say, through arbitration or general courts If requested by all the parties in dispute, the CZ.NIC Association will act as a mediator in peacefully solving their dispute CZ.NIC shall cancel the delegation and/or registration of a Domain name, shall transfer a Domain name to another person or suspends an eventual transfer of a Domain name to another person, if an enforceable award of any court, administrative decision, arbitral or arbitration award so requires, even in the case that CZ.NIC has not been a party in the proceedings leading to such award or decision. An original or an official verified copy of such award or decision must be submitted to CZ.NIC, together with an endorsement certifying the legal force and enforceability (such endorsement is not required in case of a provisional injuction). No act of CZ.NIC pursuant to this article may result in entitlement to claim any fulfilment received by CZ.NIC from the Holder or from another person with regard to the Domain name concerned. 19. CHANGE OF DOCUMENTS CZ.NIC is authorised to change the Rules of registration as well as other related documents anytime. Current versions of those documents are always available on CZ.NIC is obliged to publish any change in documents listed in clause 3.2 at least 1 month before such change comes into force by publishing the change on Page 8 (of 9)

9 Annex 1: Mandatory data and optionally hidden data included in the entries of Domain names, Contacts and Nameserver sets Domain name Label Description Mandatory Optionally hidden Name Domain name A Registrant ID of the Holder A NSSet Nameserver set Admin ID of the Administrative contact (list of unlimited size) Contact Label Description Mandatory Optionally hidden Org Company or organisation name Name Name A A A Notify Notifications using A Voice Phone A Fax Fax A Vat VAT (tax ID) A Addr Address Street (list of no more than 3 items), City, ZIP code, country code A Ident Identification pair of ID type and number (date of A birth/identity card or passport/company ID/MPSV) Nameserver set Label Description Mandatory Optionally hidden DNS List of DNS s (list, minimum: 2 items, maximum: 9 items) A TechAdmin Technical contact (list of unlimited size) A Note: A = mandatory data / optionally hidden data empty field = non-mandatory data / data cannot be hidden Page 9 (of 9)