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);
3.1.3.
The certificate
issued by a translation agency confirming that the spelling or pronunciation of
the requested domain name or of its part coincides with the corresponding TM.
3.2. Second-level public domains in the .UA domain are
delegated on the own initiative of the .UA domain administrator for the purpose
of creation of public domain system organized to satisfy the interests of
different user communities. When choosing the second-level public domain names
in the .UA domain, the .UA domain administrator in the first place considers
opinions and proposals of registrars and of the Ukrainian Internet community.
3.3. The period of time for verification of a request for
domain name delegation in the .UA domain is 14 (fourteen) calendar days.
3.4. The simultaneity period for private domain name
delegation requests in the .UA domain is 168 (one hundred sixty eight) hours.
4.1. The .UA domain register database (hereinafter - the
Base) is the uniform centralized source of information regarding the delegation
and administration of domain names in the .UA domain, namely the information
about
4.1.1.
domain name
registrants;
4.1.2.
registrars;
4.1.3.
domain names
delegated in public domains of the .UA domain, their categories and status.
4.2. Within the framework of the present Policy the term
"registration" shall imply the introduction into the Base of
information on the fact of delegation of a certain domain name to a certain
registrant.
4.3. The administrator of the .UA domain on the basis of
the corresponding copyright agreements holds the exclusive property copyright
for computer programs and databases composing the Base.
4.4. The record is the information unit in the Base. The
Base contains records of two types:
4.4.1.
domain name
record;
4.4.2.
personal record.
4.5. All and any information composing the contents of the
Base is open. This information is owned by the Ukrainian Internet community on
the whole and is a public resource.
4.7. The information in the base may be represented in
Ukrainian in the Cyrillic encoding KOI8-U or in English.
4.8. Only the administrator of the .UA domain and the
registrars authorized by him are entitled to enter information into the Base or
change its contents. The information necessary for authentication and
authorization of persons entitled to make changes to the Base is confidential
information of the .UA domain administrator and the corresponding registrar.
4.10.
Any record in the Base contains
information about its last modification up to a second by the coordinated
universal time, as well as information about the person who has made these
changes.
4.11.
Any record in the
Base cannot be destroyed or otherwise deleted from it. From the moment of
creation of the record, the Base keeps the actual state of the record as well
as all its previous states. The query to the Base pursuant to Cl. 4.6 of the present Policy gives information only on the
actual state of a certain record. The administrator of the public domain, in
which the corresponding domain name is delegated, at a written grounded request
only, gives any other information about a domain name.
4.12.
The Base's software
sends electronic messages containing information on creation of the record and
on all and any changes to the information contained in the record, to all
e-mail addresses of all the persons, to which the corresponding fields of the
record refer before as well as after the introduction of such changes.
4.13.
The registrant
and the registrar pursuant to the contracts concluded between them guarantee
that the information contained in any record of the Base is reliable and
relevant.
4.14.
The .UA domain
administrator does not bear any responsibility for reliability and relevance of
the information contained in any record of the Base; the .UA domain
administrator pursuant to current ICANN rules and the contracts concluded by
the .UA domain administrator, is only responsible for storing of this
information, making it accessible to the public and ensuring the opportunity
for the authorized persons to make changes to the Base.
4.15.
The personal
record may exist in one of the following two variants:
4.15.1.
the record about
a natural person (person);
4.15.2.
the record about
a legal person (organization). Within the framework of the present Policy the
term "personal record" shall imply any of these variants, except as
expressly otherwise provided.
4.16.
The record about
a natural person has the following fields:
4.16.1.
Person: the name,
second name and last name of the natural person. Obligatory field, one line.
4.16.2.
Address: the
mailing address of the person pursuant to the internationally accepted form.
Obligatory field, one or more lines.
4.16.3.
Phone: the
contact telephone number of the person in the international format. Optional
field, one or more lines, one number in a line.
4.16.4.
Fax-no: the
telefax number in the international format. Optional field, one or more lines,
one number in a line.
4.16.5.
e-mail: the
address(es) of the person's electronic mail. Obligatory field, one or more
lines, one address in a line.
4.16.6.
Nic-hdl: the
unique code of the person in the Base (is assigned by the Base at the first
entry of the record about the person into the Base). Obligatory field, one line.
4.16.7.
Mnt-by: nic-hdl
in the Base that points to the registrar that services this person and is
entitled to introduce changes to the record. Obligatory field, one or more
lines.
4.16.8.
Notify: an
additional e-mail address; the Base sends messages about changes made to the
record to this address. Optional field, one or more lines.
4.16.9.
Remark: an
additional information at the registrant's request in a free form. Optional
field, one or more lines.
4.16.10.
Changed: nic-hdl
in the Base of the person who was the last to make changes to the record and
the date of introduction of these changes in the YYYYMMDDhhmmss format.
Obligatory field, one line.
4.16.11.
Source: a
symbolic name of the Base that identifies the Base among the other existing
systems intended for a similar purpose. Obligatory field, one line, field value
– always a text string "UANIC".
4.17.
The record about
a legal person (organization) has the following fields:
4.17.1.
Organization: the
full official name of the legal person. Obligatory field, one or more lines.
4.17.2.
Address: the
mailing address of the legal person pursuant to the internationally accepted
form. Obligatory field, one or more lines.
4.17.3.
Phone: the
contact telephone number of the legal person in the international format.
Obligatory field, one or more lines, one number in a line.
4.17.4.
Fax-no: the
telefax number of the legal person in the international format. Optional field,
one or more lines, one number in a line.
4.17.5.
e-mail: the
address(es) of the legal person's electronic mail. Obligatory field, one or
more lines, one address in a line.
4.17.6.
Org-id: the
unique code of the legal person in the National State Registry of Ukrainian
Enterprises and Organizations (ЄДРПОУ). Obligatory field, one line.
4.17.7.
Nic-hdl: the
unique code of the legal person in the Base (is assigned by the Base at the
first entry of the record about this legal person into the Base). Obligatory
field, one line.
4.17.8.
Mnt-by: nic-hdl
in the Base that points to the registrar that services this legal person and is
entitled to introduce changes to the record. Obligatory field, one or more
lines.
4.17.9.
Notify: an
additional e-mail address; the Base sends messages to this address about
changes made to the record. Optional field, one or more lines.
4.17.10.
Remark: an
additional information at the registrant's request in a free form. Optional
field, one or more lines.
4.17.11.
Changed: nic-hdl
in the Base of the person who was the last to make changes to the record and
the date of introduction of these changes in the YYYYMMDDhhmmss format.
Obligatory field, one line.
4.17.12.
Source: a
symbolic name of the Base that identifies the Base among the other existing
systems intended for a similar purpose. Obligatory field, one line, field value
– always a text string "UANIC".
4.18.
The record about
a domain name has the following fields:
4.18.1.
Domain: the
domain name. Obligatory field, one line.
4.18.2.
Admin-c: nic-hdl
of the person – registrant of the domain name in the Base. Obligatory field,
one line.
4.18.3.
Tech-c: nic-hdl
in the Base of the person who will be responsible for technical maintenance of
the newly created domain. It may refer, for example, to a system administrator
of the registrar. A domain may have more than one tech-c. Obligatory field, one
or more lines.
4.18.4.
Status: the
status of the domain name (see Cl. 4.19 of the present Policy). Obligatory field, one line.
4.18.6.
License: the
number of the TM Certificate, issued by the central executive authority dealing
with issues of legal protection of intellectual property, the period of its
validity and other information about the TM in textual representation, in case
the spelling or pronunciation of the full domain name or its first component
(before the first character "." not including it) coincides
with the TM registered in Ukraine, with regard to which the registrant of this
domain name has the rights of use on the territory of Ukraine. Optional field,
one line.
4.18.7.
Nserver: hostname
of the domain name server ensuring service availability of the domain name.
Obligatory field, not less than two lines, each line pointing to a separate
server in different physical locations.
4.18.8.
Mnt-by: nic-hdl
in the Base that points to the registrar that services the domain name and is
entitled to introduce changes to the record. Obligatory field, one line.
4.18.9.
Notify: an
additional e-mail address; the Base sends messages about changes made to the
record to this address. Optional field, one or more lines.
4.18.10.
Remark: an
additional information at the registrant's request in a free form. Optional
field, one or more lines.
4.18.11.
Changed: nic-hdl
in the Base of the person who was the last to make changes to the record and
the date of introduction of these changes in the YYYYMMDDhhmmss format.
Obligatory field, one line.
4.18.12.
Source: a
symbolic name of the Base that identifies the Base among the other existing
systems intended for a similar purpose. Obligatory field, one line, field value
– always a text string "UANIC".
4.19.
A domain name may
have the following values of the Status field:
4.19.1.
QUEUED
YYYYMMDDhhmmss - the request submitted by the registrar in the format of the
record about the domain name is in the input queue; it has been queued at the
moment specified by the date.
4.19.2.
CHECKED – the
request is being processed and its syntax, correctness and service availability
is being checked pursuant to Cl. 2.17 and Article 5 of the present Policy.
4.19.3.
SUSPENDED – the
processing of the request has been suspended pursuant to Cl. 2.19 of the present Policy.
4.19.4.
REFUSED N.NN.N –
the public domain administrator has refused domain name delegation pursuant to
Cl. N.NN.N of the present Policy (see Cl. 2.17. of the present Policy).
4.19.5.
RECALLED
YYYYMMDDhhmmss – the request has been recalled from the input queue at own
request of the registrant.
4.19.6.
OK-UNTIL
YYYYMMDDhhmmss – the domain name has been delegated, the term of delegation –
until the specified date.
4.19.9.
CANCELLED
YYYYMMDDhhmmss – the domain name delegation has been canceled from the
specified date, the domain name is free.
5.1. The public domain administrator checks the service
availability of the delegated domain name with the help of the software that
checks the availability of the name servers specified in the request and checks
if they have information about this domain name.
5.2. The checking is considered successfully completed if
at the moment of checking all name servers specified in the request respond to
the DNS protocol query about the availability of the SOA-record of the domain
name confirming the availability of this SOA-record, and the contents of the
SOA-record at all listed name servers is identical.
5.3. In order to prevent the results of the checking from
being influenced by temporary and random factors, the checking is performed
pursuant to the following procedure:
5.4. Each attempt starts from at least three
Internet-hosts, connected to different autonomous systems, in parallel.
5.5. The attempts are repeated at growing intervals of time
within 24 hours from the moment of beginning of the checking until the positive
result is achieved:
+0:00'
– the moment of beginning of the checking;
+0:30'
– the second attempt;
+1:30'
+3:00'
+6:00'
+18:00'
+23:59'
– the last attempt of the checking.
The
protocols of each attempt are sent via e-mail to technical contacts of the
public domain, in which the corresponding domain name is delegated, and to
technical contacts of the registrar of this domain name.
5.6. A positive result of any attempt means a success of
the checking on the whole. The checking is finished when the first positive
result is achieved.
5.7. In case none of the attempts of the checking within 24
hours is successful, the administrator refuses domain name delegation pursuant
to Cl. 2.17.7 of the present Policy.
6.1. The contract for provision of services connected with
delegation of a domain name shall contain the precise and comprehensive
description of services, which the registrar renders to the registrant in
connection with the delegation of a domain name, the period of implementation
of works and provision of services, the rights and obligations of the parties,
the liability for inadequate or untimely fulfillment by the parties of their
respective obligations, the term of validity of the contract and the procedure
for its anticipatory repudiation.
6.2. The contract between the registrant and registrar can
be concluded both in written and in oral form.
6.3. The registrar is obliged to assure the availability of
the following essential provisions in the agreement with the registrant:
6.3.1.
The official
statement of the registrant that to the best of the registrant's knowledge,
neither the delegation to him of the domain name, nor the way of direct or
indirect use of this domain name infringe the rights and legitimate interests
of the third parties, including the intellectual property rights.
6.3.3.
The registrar's
obligation to inform the registrant that non-compliance by the registrant with
the requirements provided for by Cl. 6.3.2 of the present Policy is a gross violation of
essential conditions of the contract and constitutes grounds for cancellation
of the contract on the registrar's initiative as well as grounds for the public
domain administrator to cancel the delegation of a domain name to the
registrant.
6.3.4.
The registrar's
obligation to explain to the registrant that all the information provided by
him to the registrar for the purpose of domain name delegation will permanently
be stored in the Base, and its actual state will be publicly accessible in real
time through WHOIS or a similar service.
6.3.5.
The official
statement of the registrant that he knows and understands the purpose of
gathering, storage and publication of the information provided by him to the
registrar, this information being indispensable for ensuring the process of
domain name delegation, and also that he knows and agrees that the actual state
of such information will be publicly accessible in real time through WHOIS or a
similar service.
6.3.6.
The obligation of
the registrar to provide the registrant with the required technical and
consulting support with regard to the problems connected with the delegation
and operation of a domain name.
6.4. The contract between the registrant and the registrar
shall provide for the arbitration agreement, which makes provisions for the
parties' consent to the settlement of domain disputes subject to the procedure
set forth in Article 9 of the present Policy.
6.5. The contract between the registrant and the registrar
shall provide for the procedure, which in case of cancellation of the contract
ensures the transfer of the domain name delegated to the registrant under the
service of another registrar without cancellation of the delegation of such
domain name.
6.6. The term of validity of the contract between the
registrant and the registrar cannot exceed two calendar years. After
termination of such contract the registrant has the right to renew the contract
with the same registrar or to conclude the contract with another registrar
without cancellation of domain name delegation.
7.1. Under the contract between the registrar and the
public domain administrator the latter undertakes to provide the registrar with
the appropriate conditions for him to be able to render services related to
delegation and technical support of domain names in this public domain.
7.2. In order to ensure the equality of interests,
competitiveness, transparency and public control, the administrator is obliged
to conclude contracts of identical contents with all the registrars and to set
identical conditions of reimbursement of expenses in relations with all the
registrars.
7.3. The contract between the registrar and the public
domain administrator is to be concluded only in writing.
7.4.1.
To take all
actions necessary for administration and technical support of the public domain
in an unprejudiced and honest manner, on the grounds of equality of interests
of all the members of that part of the Ukrainian Internet community, in the
interests of which this public domain is delegated, and with due regard to the
interests of the global Internet community.
7.4.2.
To delegate
domain names in the corresponding public domain in due time, in full conformity
with the present Policy and the policy of this public domain, which were
established as a result of a transparent procedure and with due regard to the
requests of the Ukrainian Internet community, and published according to Cl. 2.3 of the present Policy.
7.4.3.
Within the whole
term of validity of the contract to have at his disposal and to use for the
purpose of fulfillment of his obligations to the registrars and the Internet
community the systems of technical facilities and software (hereinafter -
servers), which comply at least with the following requirements:
7.4.3.1.
At least three
hardwarily separate domain name servers, which are physically located in
different buildings with independent power supply, and permanently (24 hours
per day, 365 days per year) connected to the Internet via leased IP-channels.
IP-addresses of these servers shall belong to different autonomous Internet
systems.
7.4.3.2.
An e-mail server
permanently connected to the Internet servicing electronic mailboxes of the
public domain administrator and technical administrators of this domain.
7.4.3.3.
A web-server
permanently connected to the Internet that contains information about the
public domain, the texts of its Policy and a model contract with the
registrars.
7.4.4.
To keep all the
information and documents given to him by the registrar for the purpose of
delegation of domain names in the corresponding public domain in full scale and
within the unlimited period of time, and in case or re-delegation of this
public domain to surrender this information and documents to the .UA domain
administrator.
7.4.5.
In case of
contract termination or its anticipatory repudiation, to maintain delegation of
domain names serviced by the registrar within the periods of time as specified
in the Base in the corresponding records about these domain names.
7.4.6.
To provide the
registrar with the necessary consulting support regarding the issues connected
with delegation and operation of domain names.
7.4.7.
To furnish the
registrar with the information necessary for authentication and authorization
of the registrar as the person entitled to introduce changes to the Base
pursuant to Cl. 4.9 of the present Policy.
7.5.1.
To furnish the
administrator with complete, truthful and exact information about himself, in
particular with the contact information. The registrar undertakes to inform the
administrator on any and all changes to this information in due time, for the
purpose of keeping the information complete, truthful and exact within the
whole term of validity of the contract.
7.5.2.
To conclude
contracts with the registrants in full compliance with the requirements of
Article 6 of the present Policy.
7.5.3.
Within the whole
term of validity of the contract to have at his disposal and to use for the
purpose of fulfillment of his obligations to the registrants and the Internet
community the systems of technical facilities and software (hereinafter -
servers), which comply at least with the following requirements:
7.5.3.1.
At least two
hardwarily separate domain name servers, which are physically located in
different buildings with independent power supply, and permanently (24 hours
per day, 365 days per year) connected to the Internet via leased IP-channels.
IP-addresses of these servers shall belong to different autonomous Internet
systems.
7.5.3.2.
An e-mail server
permanently connected to the Internet servicing electronic mailboxes of the
registrar's personnel.
7.5.3.3.
A web-server
permanently connected to the Internet that contains information about the
registrar and his conditions of provision of services to the registrants.
7.5.4.
To keep all the
information and documents given to him by the registrants for the purpose of
delegation of domain names in full scale and within the periods of time as
provided for by the corresponding contracts between the registrar and the
registrants
7.6. Under the contract between the registrant and the
public domain administrator the administrator is entitled to the right:
7.6.1.
At any time
within the whole term of validity of the contract to check if the registrar
meets the requirements set forth in Cl. 7.5 of the present Policy, including to conduct selective
technical checks of operation of domain names serviced by the registrar.
7.6.3.
To demand
cancellation of the contract in the following cases:
7.6.3.1.
in case of
repeated non-fulfillment by the registrar of the obligations provided for by
Cl. 7.5 of the present Policy;
7.6.3.2.
in case the
registrar within the set period of time does not fulfill the administrator's
requirements sent to him pursuant to Cl. 7.6.2 of the present Policy;
7.6.3.3.
in case of
repeated non-fulfillment by the registrar of his respective obligations to the
registrants, which is confirmed by the corresponding court decisions.
7.7. The contract between the registrar and the public
domain administrator shall contain a warning that neither the administrator of
this public domain, nor the administrator of the .UA domain bears any responsibility
for possible violations of rights and legitimate interests of the third parties
owing to delegation of a domain name and/or owing to incorporation of the
information about the registrar, registrants and domain names into the Base.
7.8. The contract between the registrar and the public
domain administrator shall provide for the arbitration agreement, which makes
provisions for the parties' consent to the settlement of domain disputes
subject to the procedure set forth in Article 9 of the present Policy.
7.9. The term of validity of the contract between the
registrar and the public domain administrator is set by agreement of the
parties.
8.1. Under the agreement between the public domain
administrator and the .UA domain administrator the latter undertakes to ensure
the appropriate conditions for delegation of domain names in the corresponding
public domain.
8.2. The agreement between the public domain administrator
and the .UA domain administrator shall be concluded only in writing.
8.3.1.
to properly
fulfil the obligations provided for by Cl. 7.4 of the present Policy;
8.3.2. not less than 30 (thirty) calendar days before the
delegation of the corresponding public domain to work out the policy of that
public domain and submit it to the .UA domain administrator for approval and
publication at the official web-site of the .UA domain available on the
Internet at the following address: http://nic.net.ua,
for public discussion. Such policy shall comply with the requirements of Cl. 1.13 of the present Policy.
8.3.3.
To introduce any
changes to the policy of the corresponding public domain with exact adherence
to the procedure provided for by Cl. 8.3.2 of the present Policy.
8.3.4.
To furnish the
.UA domain administrator with complete, truthful and exact information about
himself, in particular, with the contact information. The public domain
administrator undertakes to inform the administrator on any and all changes to
this information in due time, for the purpose of keeping the information
complete, truthful and exact within the whole term of validity of the
agreement.
8.3.5.
At least once per
year to publish at the official web-site of the corresponding public domain a
grounded forecast of his expenses directly connected with fulfillment by the
administrator of this public domain of his obligations provided for by the
present Policy, for the period of the next 12 (twelve) calendar months, and a
forecast of the number of domain names that will be delegated in this public
domain, as well as a report on the financial results for the last period. In
this connection the public domain administrator shall adhere to the principles
of reasonable sufficiency and take the opinion of the registrars and the
results of the last periods into consideration. On the grounds on the aforesaid
published forecasts the public domain administrator and the registrars
determine the amount and terms of reimbursement of the administrator's expenses
as provided for by Cl. 7.5.5 of the present Policy.
8.4. The public domain administrator by way of conclusion
of the corresponding written contracts is entitled to entrust other persons
with fulfillment of all or a part of the technical requirements regarding the
operation of this domain, which are provided for by the present Policy.
8.5. Under the agreement between the public domain
administrator and the .UA domain administrator the .UA domain administrator is
entitled to the right:
8.5.1.
At any time
within the whole term of validity of the contract to check if the public domain
administrator meets the requirements set forth in Cl. 8.3 of the present Policy, including to conclude
selective technical checks of operation of this public domain.
8.5.3.
To demand
cancellation of the agreement in the following cases:
8.5.3.1.
in case of
repeated non-fulfillment by the public domain administrator of the obligations
provided for by Cl. 8.3 of the present Policy;
8.5.3.2.
in case the
public domain administrator within the set period of time does not fulfill the
.UA domain administrator's requirements sent to him pursuant to Cl. 8.5.2 of the present Policy;
8.5.3.3.
in case of
repeated non-fulfillment by the public domain administrator of his respective
obligations to the registrants, which is confirmed by the corresponding court
decisions.
8.6. The agreement between the public domain administrator
and the .UA domain administrator shall contain a warning that neither the
administrator of this public domain, nor the administrator of the .UA domain
bears any responsibility for possible violation of rights and legitimate
interests of the third parties owing to delegation of a domain name and/or
owing to incorporation of the information about the registrars, registrants and
domain names into the Base.
8.7. The agreement between the public domain administrator
and the .UA domain administrator shall provide for the arbitration agreement,
which makes provisions for the parties' consent to the settlement of domain
disputes subject to the procedure set forth in Article 9 of the present Policy.
8.8. The term of validity of the agreement between the
public domain administrator and the .UA domain administrator is set by
agreement of the parties.
9.1. The term "domain dispute" within the
framework of the present Policy shall imply any dispute, which may arise in
connection with the present Policy and its application, including in connection
with delegation, re-delegation, cancellation of delegation, refusal of
delegation and use of domain names in the .UA domain.
9.2. Domain disputes shall be resolved by competent courts
pursuant to the procedure, established by the current legislation of Ukraine.
9.3. None of the administrators of any public domain in the
.UA domain shall consider or resolve domain disputes.
9.4. Domain disputes, in particular, may arise in the
following cases:
9.4.1.
If a private
domain name or its part delegated to the respondent is confusingly identical
with or similar to the TM, in which the claimant has the rights.
9.4.2.
If the claimant
considers that the respondent has no right to use the domain name or uses it in
such a way that violates the rights and legitimate interests of the claimant.
9.4.3.
If the spelling
or pronunciation of the domain name delegated to the respondent is a word or
expression that dishonors or disrespects the claimant or is harmful to his
business standing.
9.4.4.
If the spelling
or pronunciation of the domain name or its part represents surnames, names or
pseudonyms of the persons well known in Ukraine without their consent thereto.
9.4.5.
In case of
violation by the respondent of this Policy.
9.5. If a public domain name, which is used according to
its purpose, or its part is identical or confusingly similar to a certain TM,
it shall not be considered a violation of the rights of the holder of the
Certificate of registration of such TM.
9.6. If a domain name or its part is identical or
confusingly similar to a certain TM, it shall not be considered a violation of
the rights of the holder of such TM in case the domain name was delegated to
the registrant before the holder of the TM Registration Certificate obtained
such Certificate.
9.7. Pursuant to this Policy and the contracts, which are
concluded in compliance with this Policy and which contain the corresponding
arbitration agreements, the registrant, registrar and public domain
administrator beforehand agree to consideration and resolution of domain
disputes by one of the courts of arbitration acting pursuant to this Policy and
their rules of procedure. The .UA domain administrator, public domain
administrators and registrars at the request of such court are obliged to
furnish this court with any and all information available at their disposal
regarding the dispute, and are obliged to implement the duly drawn up decision
of such court.
9.8. The domain dispute is deemed to arise at the moment
when the person specified in Cl. 9.11.4 of the present Policy receives a copy of the
statement of claim. The domain dispute is deemed resolved at the moment when
the same person receives a copy of the duly drawn up decision made by the competent
court or a copy of the amicable agreement signed by the parties.
9.9. From the moment when the domain dispute arises and
till the moment of its resolution the administrator of the public domain, in
which a disputed domain name is delegated, has the right at his own discretion
to make interim decisions on issues of operation of such domain name, with the
obligation to notify both parties to the dispute about that via electronic mail
and by way of publication of the information about his decision at the official
web-site of the corresponding public domain (see also Cl. 4.19.7 and Cl. 4.19.8).
9.10.
The composition
of the court of arbitration.
9.10.1.
The court of
arbitration shall be formed pursuant to the procedure provided for by the
present Policy, from among the persons possessing special knowledge necessary
for resolution of the dispute. The person may be chosen as the arbitrator only
with the consent of such person.
9.10.3.
Replacement of
judges during the course of arbitral proceedings of the dispute is not allowed.
9.11.
The procedure of
reference to arbitration.
9.11.1.
A domain dispute
may be submitted to the court of arbitration only after the parties took
measures for settlement of the dispute by way of negotiations. If the claimant
does not produce evidence that such measures were taken, in this case the
statement of claim is not accepted for consideration and is returned to the
claimant.
9.11.2.1.
the date and the
number of the statement of claim;
9.11.2.2.
the names of the
parties, their postal details;
9.11.2.3.
the disputed
domain name;
9.11.2.4.
the subject of
the dispute;
9.11.2.5.
the claims of the
claimant and their grounds, including evidence confirming the circumstances set
forth in the statement of claim;
9.11.2.6.
the arbitrator
chosen by the claimant;
9.11.2.7.
the list of
documents annexed to the statement of claim;
9.11.3.
The copies of the
following documents are annexed to the statement of claim:
9.11.3.1.
confirming the
claimant's claims;
9.11.3.2.
confirming that the claimant took
measures to settle the dispute by way of negotiations (a copy of the claim,
evidence that it has been communicated to the respondent, a copy of the reply
to the claim, in case such reply was received, hard copies of e-mail
correspondence between the claimant and the respondent with regard to the
domain dispute).
9.11.5.1.
its date and
number;
9.11.5.2.
the names of the
parties, their postal details;
9.11.5.3.
the disputed
domain name;
9.11.5.4.
the respondent's objections on the
merits of the dispute and their grounding, including the evidence that confirms
the circumstances set forth in the statement of defense;
9.11.5.5.
the arbitrator
chosen by the respondent;
9.11.5.6.
the list of
documents, copies of which are annexed to the statement of defense, and to
which the respondent refers as grounds for his objections on the merits of the
dispute.
9.14.
Decisions of the
public domain administrator taken pursuant to Cl. 9.12 and Cl. 9.13 of the present Policy are not subject to appeal.
9.15.
The competence of
the court of arbitration.
9.15.1.
The issue of the
competence of the court of arbitration with regard to a specific dispute shall
be solved by the court of arbitration pursuant to the present Policy and the
rules of procedure of such court of arbitration.
9.15.2.
If the court of
arbitration decides that it has no competence with regard to a particular dispute,
in this case the proceeding in the case shall be terminated and the statement
of claim returned to the claimant.
9.16.
The procedure of
arbitration of the dispute.
9.16.1.
The court of
arbitration conducts arbitral proceedings of the dispute with participation of
the authorized representatives of the parties.
9.16.2.
The court of
arbitration determines the day, time and place of arbitration of the domain
dispute and notifies the parties in writing about that.
9.16.3.
The court of
arbitration has the right:
9.16.3.1.
to demand from
the parties, the .UA administrator, public domain administrators, registrars
and other persons participating in the arbitral proceedings, to submit all
documents and materials necessary for the arbitration of the dispute;
9.16.3.2.
to hear the
witnesses invited by the parties;
9.16.3.3.
to provide for an
expertise.
9.16.4.
If in order to
ensure proper arbitration of the domain dispute another respondent is to be
joined in the proceedings, the court of arbitration joins such respondent in
the proceedings in case this respondent consents to the arbitration of the
case. If the dispute cannot be considered on the merits without joining of
another respondent in the proceedings and such respondent did not consent to
arbitration of the dispute, in this case the proceeding of the case shall be
terminated and the statement of claim returned to the claimant.
9.16.5.
Conducting the
arbitral proceedings of the dispute, the court of arbitration shall be guided
by the current legislation of Ukraine and the present Policy.
9.16.6.
The court of
arbitration shall consider and resolve the dispute pursuant to the procedure
provided for by its rules of procedure.
9.17.
The award (the
decision) of the court of arbitration.
9.17.1.
The award of the
court of arbitration shall be made in writing and signed by all arbitrators.
9.17.2.
The award of the
court of arbitration shall include: the date when the award was made; the
composition of the court of arbitration; the place of arbitration; the names of
the parties to the dispute and their representatives that participated in the
arbitral proceedings; the disputed domain name; the merits of the dispute; the
explanations of the parties on the merits of the dispute; the reasons upon
which the award is based; the conclusion whether the claimant's demands are
satisfied or rejected; the term and procedure of implementation of the award.
9.17.3.
After the award
of the court of arbitration is made, a copy of this award signed by the
arbitrators shall be communicated to each of the parties, as well as to the
administrator of the public domain, to which the disputed domain name belongs.
9.17.4.
The award of the
court of arbitration may be appealed against by the interested persons pursuant
to the procedure provided for by the current legislation of Ukraine.
9.18.
The
implementation of the award of the court of arbitration.
9.18.1.
The parties shall
implement the award of the court of arbitration voluntary and within the set
period of time.
9.18.2.
The award of the
court of arbitration shall be binding on the administrator of the public
domain, in which the disputed domain name is delegated, within the competence
of such administrator determined by the present Policy, within the period of
time specified in the award but not less than 10 (ten) business days.
9.18.3.
The award of the
court of arbitration, which was not implemented within the set period of time,
shall be implemented pursuant to the procedure provided for by the current
legislation of Ukraine.
9.19.
Other provisions.
9.19.1.
The administrator
of the public domain, in which the disputed domain name is delegated, and the
.UA administrator shall not participate in any domain disputes arising between
other persons, and shall not be members to the court of arbitration. They also
shall not bear any responsibility for consequences of implementation of any
duly drawn up court decision.
9.19.2.
Expenses related
to the arbitral proceedings of the case in the court of arbitration, including
the arbitrators' fees, should be reimbursed by the parties to the dispute
pursuant to the procedure and at the rates provided for by the rules of
procedure on the corresponding court of arbitration.
10.1.
STD1 (RFC#2800) Internet Official
Protocol Standards. http://www.rfc‑editor.org/rfc/rfc2800.txt
10.2.
STD0013 (RFC#1034) Domain names –
concepts and facilities. http://www.rfc‑editor.org/rfc/std/std13.txt
10.3.
RFC#1035 Domain names –
implementation and specification. http://www.rfc‑editor.org/rfc/rfc1035.txt
10.4.
RFC#1123 Requirements for Internet
Hosts -- Application and Support. http://www.rfc-editor.org/rfc/rfc1123.txt
10.5.
RFC#1591 Domain Name System
Structure and Delegation. http://www.rfc‑editor.org/rfc/rfc1591.txt
10.6.
ICP-1: Internet Domain Name System
Structure and Delegation.
http://www.icann.org/icp/icp-1.htm
10.7.
UDRP ICANN Uniform Domain-Name
Dispute-Resolution Policy. http://www.icann.org/udrp/udrp.htm
10.8.
USDoC98 Management of Internet Names
and Addresses. http://www.icann.org/general/white-paper-05jun98.htm
10.9.
RFC#1032 Domain administrators
guide. http://www.ietf.org/rfc/rfc1032.txt
10.10.
CENTR Best Practice Guidelines for
ccTLD Managers. http://www.centr.org/docs/legal/best-practice.html
10.11.
WIPO ccTLD Best Practices for the
Prevention and Resolution of Intellectual Property Disputes.
http://ecommerce.wipo.int/domains/cctlds/bestpractices/bestpractices.pdf