Contents
1. General
principles and provisions……………………………………………………………...1
2. The domain name delegation
policy.......... 2
3.
Administration features of the public domain .UA 7
4. The .UA domain register
database (the WHOIS database)..... 7
5. The domain name
service availability checking procedure.. 12
9. Rules for resolution of domain
disputes in the .UA domain 19
10. The list of references.. 24
1.1. The top-level domain .UA is a constituent part of the
global domain name system, which is administered by the "Internet
Corporation For Assigned Names And Numbers" (ICANN). ICANN has a status of
an international non-profit non-governmental organization with location in the
USA and acts on behalf and in the interests of all the Internet users.
1.2. The present "Policy of the .UA domain"
(hereinafter - the Policy) is worked out by the .UA domain administrator
subject to current ICANN rules (RFC#1591, ICP‑1), with due regard to recent
recommendations of ICANN, CENTR, US DoC, WIPO and international
experience.
1.3. The aim of the present Policy is to determine such
system of interrelations and procedures regarding the delegation and
administration of domain names in the .UA domain, which:
1.3.1.
satisfies the
requirements of the society and entrepreneurship;
1.3.2.
complies with the
current legislation of Ukraine;
1.3.3.
facilitates the
development of domain name system and the Internet on the whole in Ukraine;
1.3.4.
corresponds to
the interests of the global Internet community.
1.4. Within the framework of the present Policy the term
"the Internet community of Ukraine" ("the Ukrainian Internet
community") shall imply the community of all the citizens and/or residents
of Ukraine, natural and legal persons, governmental authorities, state run
public authorities of Ukraine and local authorities that use the Internet and
Internet-technologies regardless of the aims and ways of such use.
1.5. Within the framework of the present Policy the meaning
of the term "person" shall include natural, as well as legal persons.
Natural and legal persons have equal rights with regard to the domain name
system.
1.6. Within
the framework of the present Policy the term "delegation" shall be
used in the meaning determined by current Internet standards, as well as
documents ICP-1 and RFC#1591.
1.7. The interests of all the members of the Ukrainian
Internet community regarding the domain name system are equal to the extent
they do not affect other legitimate interests of the members of the Ukrainian
Internet community and/or any third parties.
1.8. A domain name is not an object of ownership. Terms and
conditions of the domain name delegation are determined on the contractual
basis.
1.9. Within the framework of the present Policy domains are
divided into two categories based on their purpose:
1.9.1. Public
domains, i.e. domains that are administered in the interests of a certain
community;
1.9.2. Private
domains, i.e. domains that are administered by a certain person in his own
interests.
1.10.
The category of a
domain is determined at the moment of delegation of its domain name (see
Cl. 4.18.5).
1.11.
The .UA domain is
delegated to its current administrator in the interests of the entire Ukrainian
Internet community. Therefore the .UA domain is a public resource, i.e. a
public domain.
1.12.
Public domain
administrators shall be concerned about "responsibilities" and
"service to the society". The activity of public domain
administrators shall be estimated in terms of effectiveness of their operation
and extent of satisfaction of the requirements of the Ukrainian and global
Internet community.
1.14.
Issues of
contradiction of a public domain policy to the present Policy are decided in
compliance with the domain disputes resolution procedure set forth by Article 9 of the present Policy.
2.1. Domain names in a public domain may be delegated as
public or private according to the policy of the public domain of the previous
level and in compliance with the decision of its administrator.
2.2. Delegation of public domain names in a private domain
is not possible.
2.4. Requests for delegation of any names in a public
domain are processed by the administrator on the
"first-come-first-served" basis, except as otherwise provided for by
the policy of a particular public domain.
2.5. A public domain policy may establish "a
simultaneity period", i.e. the time interval from the moment of receipt of
the first request for a domain name, during which all subsequent requests for
this domain name are regarded as received simultaneously with the first one.
2.6. The decision on delegation in a public domain of a
certain domain name as a new public domain, or on refusal of such delegation,
is taken by the administrator pursuant to the public domain policy, separately
in each specific case, based on the following considerations:
2.6.1.
Is there a user
community, members of which are characterized by certain common features and
interests and show an active interest in the use of domain names in a new
public domain?
2.6.2.
Is there already
a delegated public domain oriented at the interests of the same user community?
2.6.3.
Delegation of
public domains of the third and lower levels is not recommended.
2.7. Participants of the procedure of delegation of a
domain name in a public domain are:
2.7.1.
The Registrant –
a person wishing to use and dispose of a certain domain name in a public
domain;
2.7.2.
The Registrar – a
subject of business registered in Ukraine that renders services to the
registrant, which are necessary for technical support of delegation and
operation of a domain name.
2.7.3.
The Administrator
– an administrator of the public domain, in which the delegation takes place.
The person acting as a public domain administrator shall be a subject of
business registered in Ukraine.
2.8. The public domain administrator is not allowed to
simultaneously act as a registrar in the same domain.
2.9. Relations between the registrant and the registrar
regarding the delegation of a domain name to the registrant arise as a part of
the complex of services rendered by the registrar; these relations are built
exclusively on a contractual basis. The recommended essential conditions of the
contract between the registrant and the registrar with regard to domain name
delegation are set forth in Article 6 of the present Policy.
2.10.
Relations between
the registrar and the public domain administrator regarding the provision of
services by the registrar on delegation of domain names to the third parties
are built exclusively on a contractual basis.
2.11.
In order to
ensure the equality of interests, competition, transparence and public control,
Article 7 of the present Policy sets forth the recommended
essential conditions of the written contract between the registrar and the
public domain administrator.
2.12.
The registrant of
a private domain name and the administrator of the public domain, in which this
domain name is delegated, do not enter into direct relations with regard to the
delegation.
2.13.
If the registrant
wishes to create a new public domain or transfer a private domain registered by
him earlier to the category of public domains, he can do it only subject to
conclusion of a written agreement with the .UA domain administrator; the
recommended essential conditions of this agreement are set forth in Article 8 of the present Policy.
2.14.
Transfer of a
public domain to the category of private domains is not allowed.
2.15.
The delegation to
the registrant of a domain name in a public domain is subject to the following
procedure:
2.15.1.
The registrant at
his own discretion chooses a registrar from among the persons, who concluded
the appropriate written contracts with the administrator of this public domain.
2.15.2.
The registrar and
the registrant conclude a contract with due regard to the requirements of the
present Policy and the requirements of the policy of the public domain, in
which the delegation takes place. Conclusion of a separate contract for each
domain name is a recommended practice.
2.15.3.
The registrar
creates a record about the person in the .UA domain register database, this
record containing the information about the registrant pursuant to the
requirements of Cl. 4.15 of the present Policy, or verifies the availability
of the existing record and its conformity to the requirements of the present
Policy.
2.15.4.
The registrar
takes necessary measures in order to ensure service availability of the domain
name, if it is necessary.
2.15.5.
The registrar
draws up a request for delegation of a domain name to the registrant and sends
it to the input request queue of the administrator of the corresponding public
domain. The request is made in the form of a record about the domain name
pursuant to the requirements of Cl. 4.18 of the present Policy.
2.15.6.
The request is
considered accepted to the input queue from the moment when the software of the
.UA domain register database (see Article 4 of the present Policy) gives the acknowledgment of
this acceptance to the registrar.
2.15.7.
The administrator
within the period of time established by the public domain policy checks the
fulfillment by the registrar of technical requirements, which regard the
ensuring of service availability of the domain name, and pursuant to the
corresponding public domain policy takes one of the following decisions:
2.15.7.1.
to delegate the
domain name, or
2.15.7.2.
to refuse
delegation, or
2.15.7.3.
to suspend
processing of the request.
2.15.8.
The administrator
informs administrative and technical contacts of the registrar on the course
and results of processing of the request via electronic mail.
2.16.
The receipt of a
request for delegation of a domain name in a public domain means that the
registrant independently and voluntarily identifies himself as a member of the
community, in the interests of which this public domain is administered. The
administrator of the public domain has no rights to judge whether the
convictions of the registrant are trustworthy, except for cases when the public
domain policy necessitates documentary confirmation of the registrant's
membership in a certain community.
2.17.
The requested
domain name delegation may be refused in the following cases:
2.17.1.
The syntax of the
request or its contents does not comply with the requirements of Cl. 4.18 of the present Policy.
2.17.2.
The domain name
has already been delegated to another registrant.
2.17.3.
The domain name
contains words or expressions that violate the current legislation of Ukraine
or do not comply with the requirements of social morals.
2.17.4.
The domain name
is syntactically incorrect pursuant to current Internet standards.
2.17.5.
The request has
been received from the person who is not the registrar.
2.17.6.
The registrar
cannot provide documentary confirmation of certain facts with regard to the
registrant in cases when the public domain policy sets forth such a
requirement.
2.18.
The
administrator's refusal to delegate a domain name may be appealed against
pursuant to the procedure provided for by Article 9 of the present Policy.
2.19.
Processing of the
request may be suspended in the following cases:
2.19.1.
There is a domain
dispute with regard to this request.
2.20.
The delegation of
a private domain name in a public domain may be revoked and a specified domain
name cancelled only in the following cases:
2.20.1.
at own request of
the registrar expressed in writing and sent to the registrar and (or) the
administrator of the corresponding public domain;
2.20.4.
by decision of a
competent court (see Article 9 of the present Policy).
2.21.
In cases provided
for by Cl. 2.20.2 and Cl. 2.20.3 of the present Policy the delegation of a private
domain name in a public domain may be revoked only after suspension of the
delegation for a period not less than 15 (fifteen) calendar days, during which
the registrar and the registrant are given the opportunity to renew the
contract, correct technical errors etc.
2.22.
The delegation of
an operational public domain cannot be fully revoked.
2.23.
The higher-level
domain administrator may take a decision to re‑delegate a public domain to
another administrator. This decision may be taken only in the following cases:
2.23.1.
at own request of
the public domain administrator expressed in writing;
2.23.2.
in case of
cancellation of the corresponding written agreement between the public domain
administrator and the .UA domain administrator;
2.23.3.
in case of
reiterated and repeated technical errors that make the use of the domain name
impossible and/ or impede normal operation of the public domain or the domain
name system on the whole;
2.23.4.
by decision of a
competent court (see Article 9 of the present Policy).
2.24.
The public domain
administrator may re-delegate a private domain name to another registrant only
in the following cases:
2.24.1.
at own request of
the registrant expressed in writing and sent to the administrator of the
corresponding public domain;
2.24.2.
by decision of a
competent court (see Article 9 of the present Policy).
2.25.
Re-delegation of
a private domain name in a public domain is carried out by way of suspension of
the delegation of this name until the moment the new registrant concludes the
corresponding contract regarding this domain name with the registrar, which has
a written contract with the administrator of this public domain.
3.1.
For the purpose of protection of
legitimate interests of the members of the Internet-community of Ukraine with
regard to their intellectual property, private second-level domain names in the
.UA domain are delegated exclusively in case the spelling or pronunciation of
the corresponding full domain name or its second-level component (before the
"." character not including it) coincides with the word mark
for goods and services registered in Ukraine (hereinafter – trademark, TM),
with regard to which the corresponding registrant has the rights of use on the
territory of Ukraine. This delegation is performed regardless of the classes of
the International Classifier on the basis of which the TM is registered. The
delegation is implemented exclusively on condition that duly certified copies
of the following documents are submitted:
3.1.1.
The Certificate
of Ukraine for the trademark or service mark issued by the central executive
authority dealing with issues of legal protection of intellectual property;
3.1.2.
The contract for
transfer of ownership for the mark or licensing agreement (in case the
registrant is not the holder of the Certificate);