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Contents
- General principles and provisions
- The domain name delegation policy
- Administration features of the public domain .UA
- The .UA domain register database (the WHOIS database)
- Domain disputes in .UA domain
- The list of references
1. General principles and provisions
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).
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 recommendations of ICANN, CENTR, US DoC, WIPO and international experience, and are the conditions of provision by the .UA Domain Administrator of the .UA Domain administration and technical support services to third parties.
1.3. This Policy determines the system of interrelations and procedures regarding the delegation and administration of domain names in the.UA domain, and is an integral part of the agreements that are concluded by the .UA domain administrator and specify the rights and obligations of the parties of such agreements.
1.4. Within the framework of the present Policy the meaning of the term "person" shall include both natural persons and legal entities.
1.5. Within the framework of the present Policy the term "delegation" shall be used according to definitions of Cl.4.2.2 of the effective Internet standard STD0013 (RFC#1034) and ICP-1.
1.6. Within the framework of the present Policy the term "Mark" shall imply a verbal mark for goods and services, with regard to which Trademark or Service Mark Certificate of Ukraine is issued by the central executive authority dealing with issues of legal protection of intellectual property, or the one that has obtained legal protection on the territory of Ukraine pursuant to the Madrid Agreement on International Registration of Marks or, in case such a registered trademark or service mark consists of text and other designations, its verbal part, which in itself is an object of legal protection.
1.7. Terms and conditions of the domain name delegation shall be determined on the contractual basis.
1.8. Within the framework of the present Policy domains are divided into two categories based on their purpose:
1.8.1. Public domains, i.e. domains that are administered in the interests of a certain community.
1.8.2. Private domains, i.e. domains that are administered by a certain person in his own interests.
1.9. The category of a domain is determined at the moment of delegation of its domain name (see Cl. 4.21.5).
1.10. The .UA domain is a public domain.
1.11. Since a domain is an administratively determined subset of the hierarchical domain namespace, the policy of a lower level domain may only concretize and/or supplement certain provisions of the policy of a higher level public domain, but can not contradict it. The policies of domains delegated in the .UA Domain shall be determined by their administrators at the moment of delegation, by consent of the higher level domain administrator, and must not contradict the present Policy.
The domain name delegation policy
2.1. Domain names in a public domain may be delegated as public or private ones
according to the policy of the previous level public domain and subject to its administrator's decision.
2.2. Delegation of public domain names in a private domain shall not be possible.
2.3. The domain name www in a public domain shall be reserved for the administrator of this public domain; it shall point to the website where the policy of this public domain and the list of registrars registering domain names in this domain are published.
2.4. Requests for delegation of any names in a public domain shall be 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. Public domains may be delegated in the .UA Domain.
2.6.1. The domain name of a public domain should be chosen in such a way that its second-level component (before the "." character but not including it) has a distinguishing ability and is presented by symbols from among letters of the Latin alphabet, numerals and the "-" character. The second-level component of a public domain's domain name must be:
2.6.1.1. a generally accepted designation of a certain kind of goods, services or phenomena or a certain kind of human activity, or
2.6.1.2. a generally accepted term or designation of another kind from among those that may not obtain legal protection pursuant to Art. 6 Cl. 2 of the Law of Ukraine "On Protection of Rights to Trademarks and Service Marks", or
2.6.1.3. present a Latin transliteration of the term or designation specified in Cl. 2.6.1.1., 2.6.1.2. of the present Policy written down in Ukrainian or Russian.
2.6.2. Delegation of a new public domain in the .UA Domain or making changes to the policy of an existing public domain shall have the following procedure:
2.6.2.1. Persons interested in delegation of a new public domain or in making changes to the policy of an existing public domain shall submit corresponding proposals to the .UA Domain Administrator. The initiative of a new public domain creation lies in the proposal of defining the target community of such a domain, of basic peculiarities of its administration and in the proposal regarding the person of a new public domain's administrator.
2.6.2.2. The UA Domain Administrator at the Administrator's own discretion shall take a decision on delegation of a new public domain in the .UA Domain or on making changes to the policy of an existing public domain or on refusal to delegate a new public domain in the .UA Domain or make changes to the policy of an existing public domain.
2.6.2.3. In case a positive decision on the above mentioned issues is taken by the .UA Domain Administrator, the .UA Domain Administrator and the administrator of a public domain (a new or existing one respectively) shall conclude (or re-conclude) an agreement between them. The present Policy and the policy of the corresponding public domain shall become integral addenda to the said agreement. The moment when the said agreement is concluded shall be the moment when a new public domain policy (changes to an existing public domain policy) come into force.
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 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.
2.8. If the registrant wishes to transfer a private domain registered by such a registrant
earlier to the category of public domains, the registrant can do it only subject to Cl.2.6 of the present Policy.
2.9. Transfer of a public domain to the category of private domains shall be deemed a violation of the present Policy.
2.10. The delegation to the registrant of a domain name in a public domain hall be carried out according to the following procedure:
2.10.1. The registrar on the instructions of the registrant shall create in the .UA domain registration database a record about person,this record containing information about the registrant pursuant to the requirements of Cl. 4.19, 4.20 of the present Policy, or check the availability of such a record and its conformity with the requirements of the present Policy.
2.10.2. The registrar on the instructions of the registrant shall take necessary measures in order to ensure domain name service availability, if necessary.
2.10.3. The registrar on the instructions of the registrant shall draw up a request for delegation of domain name to the registrant and send this request to the input request queue of the administrator of the corresponding public domain. The request must be drawn up in the form of a record about domain name pursuant to the requirements of Cl. 4.21 of the present Policy.
2.10.4. The request shall be considered accepted to the input queue from the moment when the .UA Domain registration database software (see Article 4 of the present Policy) gives the registrar the acknowledgment of such an acceptance.
2.10.5. The administrator within the period of time established by the public domain policy and pursuant to the corresponding public domain policy shall take one of the following decisions:
2.10.5.1. to delegate the domain name, or
2.10.5.2. to refuse delegation, or
2.10.5.3. to suspend processing of the request.
2.10.6.The administrator via electronic mail shall inform administrative and technical contacts of the registrar about the course and results of the request's processing.
2.11. The receipt of a request for delegation of a domain name in a public domain means that the registrant independently and at his/her own free will and discretion identifies himself/herself as a member of the community, in the interests of which this public domain is administered. The public domain administrator shall have no rights to make his/her own judgement whether the registrant's convictions are trustworthy, except for cases when the public domain policy necessitates documentary confirmation of the registrant's membership in a certain community
2.12. The public domain administrator shall take a decision on refusal of domain name delegation in the following cases:
2.12.1. The syntax of the request or its contents does not comply with the requirements of Cl. 4.21 of the present Policy.
2.12.2. The domain name has already been delegated to another registrant.
2.12.3. The domain name is syntactically incorrect pursuant to current Internet standards.
2.12.4. The request has been received from the person who is not the registrar.
2.12.5. The registrar cannot provide documentary evidence of certain facts with regard to the registrant in cases when the public domain policy sets forth such a requirement.
2.13. The public domain administrator shall take a decision on suspending the request's processing in the following cases:
2.13.1. there is a domain dispute with regard to this request — till the moment of domain dispute resolution pursuant to Cl.5.2 of the present Policy.
2.13.2. a request for delegation of an identical domain name, which has been received earlier, is being checked for its compliance with the public domain policy — till the accomplishment of such checking.
2.13.3. a request for making changes to a record about domain name is received from the registrar, which does not service the mentioned domain name (for example, due to the registrant's wish to conclude a contract on servicing of the mentioned domain name with such a registrar), - till the public domain administrator receives confirmation of the consent of the previous registrar, which serviced the mentioned domain name, to making the indicated changes to the record about this domain name, but for the period not exceeding 5 (five) calendar days. If within 5 (five) calendar days for which the request's processing is suspended the previous registrar, which serviced the domain name, gives no answer to the public domain administrator's inquiry either by way of consent to making changes to the record about this domain name or by way of objection to such actions, the public domain administrator shall take a decision on making changes to the record about domain name.
2.14. The public domain administrator shall take a decision on revocation of private domain name delegation in a public domain and cancellation of the mentioned domain name exclusively in the following cases:
2.14.1. at own request of the registrar expressed in writing and sent to the registrar and (or) the administrator of the corresponding public domain;
2.14.2. in case of cancellation of the corresponding contract concluded between the registrant and the registrar, or in case of termination of such contract if such contract provides for revocation of the delegation;
2.14.3. in case of termination of delegation period;
2.14.4. by decision of court.
2.15. In case of reiterated and repeated technical errors that make the use of a domain name impossible and/or impede the normal operation of the domain name system on the whole, the administrator shall replace all the IN class records for the corresponding domain with the IN TXT records, in which the reason for such a replacement is explained. At the same time records in the registration database shall stay unchanged and the registrar and the registrant shall be notified of the changes made and the reasons which caused them. The IN class records shall be restored within a three-day time after correction of technical errors and notification of the administrator thereof.
2.16. In cases envisaged by Cl. 2.14.2, Cl. 2.14.3,Cl. 2.15 of the present Policy, the public domain administrator shall take a decision on revocation of private domain name delegation in a public domain and cancellation of the mentioned domain name after suspension of delegation for a period not less than 15 (fifteen) calendar days, during which the registrar and the registrant are given the possibility to renew the contract, extend the term of delegation, correct technical errors etc.
2.17. Delegation of a public domain in use may not be revoked.
2.18. The higher-level public domain administrator shall take a decision to re-delegate a public domain to another administrator only in the following cases:
2.18.1. at own request of the public domain administrator expressed in writing;
2.18.2. in case of cancellation of the corresponding written agreement between the public domain administrator and the .UA domain administrator;
2.18.3. 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;
2.18.4. by decision of court, which has taken effect.
2.19. The public domain administrator shall re-delegate a private domain name to another registrant only in the following cases:
2.19.1. at own request of the registrant expressed in writing and sent to the administrator of the corresponding public domain;
2.19.2. by decision of court.
2.20. Re-delegation of a private domain name in a public domain shall be carried out by way of suspension of this name's delegation until conclusion by a new registrant of the corresponding contract regarding this domain name.
3. Adminstration features of the public .UA domain.
3.1. Second-level public domain names in the .UA domain shall be delegated pursuant to Cl.2.6 of the present Policy.
3.2. Second-level private domain names in the .UA Domain shall be delegated exclusively in case if the spelling of the corresponding domain name in full or in its second-level component (before the "." character but not including it) coincides with the Mark, with regard to which the corresponding registrant has the rights of its use on the territory of Ukraine.
3.3. If the Mark mentioned in Cl. 3.2. contains a verbal part that is not an object of legal protection, in such a case a second-level private domain name, the spelling of which coincides with the part of the Mark that is an object of legal protection, may be delegated to the owner of rights to this Mark's use on the territory of Ukraine.
3.4. Within the framework of the present Policy the spelling of the Mark shall be its presentation by symbols from among: letters of the Latin alphabet, Arabic numerals and the "-". character. If the Mark contains symbols of other alphabets except for the Latin one, numerals of other calculus systems and/or other symbols, the spelling of the Mark shall be its transliteration in Latin characters done in compliance with transliteration rules of the alphabet, by means of which the Mark is written.
3.5. Within the framework of the present Policy the Latin transliteration of the Mark, which contains symbols of the Cyrillic alphabet, may, at the registrant's own discretion, be done according to:
3.5.1. the transliteration table "UL" ("Ukrainian Latin characters") recommended for the Ukrainian language and approved by the State Standards Committee ("Derzhstandart") of Ukraine on October 18, 1995 and published at the address: http://www.ua/docs/UL.html ,
3.5.2. or according to the effective interstate transliteration standard GOST 16876-71 (Art. SEV 1362-78),
3.5.3.or according to "The Normative Table for Reproduction of Ukrainian Proper Names by Means of the English Language" approved by Decision N8 of the Ukrainian Committee on Issues of Legal Terminology, Protocol N2 of April 19, 1996,
3.5.4. or according to Additional Table published at the address: http://www.ua/docs/addtable.html
3.6.Reproduction in a domain name of special symbols, which are a part of the Mark but may not be included into a domain name pursuant to effective technical standards, is recommended in one of the two ways at the registrant's own discretion:
3.6.1. by way of substitution of special symbols for their symbolic names in English (for example, "&" - "and", "/" - "slash", "." - "dot", "@" - "at" etc.), which at the registrant's request may also be marked out with the "-"characters on both sides (for example, "&" - ""and-"). Symbols " " (space) and "_" (underlining) may be substituted for the "-"symbol;
3.6.2. by way of deletion of special symbols from the Mark's representation in the form of a domain name, without substituting them.
3.7. Reproduction in a domain name of Roman numerals that are a part of the Mark may, at the registrant's own request expressed in writing and send to the administrator of the corresponding public domain through the corresponding registrar, be done by way of their numerically equivalent presentation with Arabic numerals.
3.8. Second-level private domain name shall be delegated exclusively on condition that the registrant, through the corresponding registrar, submits the following documents to the .UA Domain Administrator:
3.8.1. for a domain name, the spelling of which completely or in its second- level component (before the "." character but not including it) coincides with the Mark that is protected on the territory of Ukraine pursuant to the Madrid Agreement Concerning the International Registration of Marks - an abstract from the Official bulletin of the International Bureau of the World Intellectual Property Organization confirming the fact of the Mark's international registration and the fact of its legal protection on the territory of Ukraine;
3.8.2. for a domain name, the spelling of which completely or in its second- level component (before the "." character but not including it) coincides with the Mark, with regard to which the Trademark or Service Mark Certificate of Ukraine is issued by the central executive authority ensuring the formation of the governmental policy in the field of intellectual property - a duly certified copy of the said Certificate;
3.8.3.in case the registrant of a second-level private domain name is not a direct owner of rights of the Mark's use on the territory of Ukraine - a duly certified copy of the agreement on transfer by the Mark's owner to the domain name's registrant of the rights of this Mark's use on the territory of Ukraine or of the license agreement;
3.9. The period of time for verification of the request for second-level domain name delegation in the .UA Domain shall be 14 (fourteen) calendar days and shall include simultaneity period determined by Cl. 3.10 of the present Policy.
3.10. Simultaneity period for requests concerning second-level private domain name delegation in the .UA Domain shall be 168 (one hundred sixty eight) hours.
3.11. The period of second-level private domain name delegation in the .UA Domain must not exceed two years or the term of validity of the Mark Certificate, according to which this domain name is delegated in case this term of the Certificate's validity is less than two years.
3.12. In case the validity of the Mark Certificate,according to which a domain name is delegated, has expired, the .UA Domain Administrator must suspend delegation of the corresponding domain name pursuant to Cl. 2.16 of the present Policy. The registrant of such a domain name within 15 (fifteen) calendar days after the date of the Certificate's validity expiration must provide the. UA Domain Administrator through the corresponding registrar with a duly certified copy of the Addendum to Certificate with specification of information on the extension of the Certificate's term of validity. In case of non-fulfillment by the registrant of the said obligation, the .UA Domain Administrator must cancel such domain name delegation pursuant to Cl. 2.14.3 of the present Policy.
4. The .UA domain registration database (WHOIS database)
4.1. The .UA Domain Registration Database (hereinafter referred to as the Base) is a single centralized source of information regarding 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 entering into the Base of information on the fact of delegation of a certain domain name to a certain registrant.
4.3. The exclusive property copyright to computer programs and databases composing the Base shall belong to the administrator of the .UA Domain on the basis of corresponding copyright agreements.
4.4. A record shall be the unit of information in the Base. The Base shall contain such types of records:
4.4.1. record about domain name;
4.4.2. record about person;
4.4.3. record about name server (Nserver)- for name servers that service domain
names in the .UA Domain and simultaneously themselves have symbolic names
in the same domain.
4.5. All and any information composing the contents of the Base shall be open, except for information, which under the present Policy is defined as confidential.
4.6. Current information in the Base shall be available to any person on the Internet via WHOIS or HTTP protocols.
4.7. Information in the Base may be represented in Ukrainian in Cyrillic encoding
KOI8-U or in English.
4.8. Only the following persons shall have the right to enter into the Base information on a domain name delegated to its registrant in the .UA Domain and/or in a second-level public domain or to change the contents of such information:
4.8.1. the administrator of the public domain in which the mentioned domain name is delegated;
4.8.2. the registrar, who concluded a contract with the public domain administrator specified in Cl. 4.8.1 of the present Policy;
4.8.3.the .UA Domain Administrator.
4.9. Any person shall have the right to voluntarily create a record about himself/herself in the Base or entrust the registrar with creation of such a record pursuant to Cl. 2.10.1 of the present Policy. The mnt-by field of the record about the person created by this person must contain a text string "NONE". The following persons shall have the right to change the contents of the record about a person, including of the record entered into the Base pursuant to Cl. 2.10.1 of the present Policy:
4.9.1. the registrar that renders services to the mentioned person pursuant to
Cl.2.7.2 of the present Policy;
4.9.2. the person, information about which is contained in the mentioned record,
irrespective of the contents of the mnt-by field of the record about this person;
4.9.3. the .UA Domain Administrator at personal request of the indicated person.
4.10. The record about a person kept in the Base may be deleted from the Base by the .UA Domain Administrator at personal request of the mentioned person but only in case there are no references to this record from any other record of the Base.
4.11. Information necessary for authentication and authorization of persons having the right to make changes to the Base shall be confidential information of the .UA Domain Administrator, the corresponding registrar and (for a record about a person) - of this very person.
4.12. The registrar shall have the right to change in the Base only the information contained in the records about persons of the registrants, which have current contracts with this registrar, as well as the contents of the Nserver fields in the records about domain names, the Mnt-by field of which indicates this registrar.
4.13. Each record in the Base shall contain information about the date of its last modification up to a second by coordinated universal time, and information about the person who made such changes.
4.14. Any single record in the Base may not be destroyed or otherwise deleted from it. From the moment of a record's creation the Base shall keep both the actual status of the record and all its previous statuses. By query to the Base, according to the procedure provided for by Cl. 4.6 of the present Policy, only
information about actual status of a certain record is given. Any other information about a domain name shall be given by the administrator of the public domain, in which the corresponding domain name is delegated, at a written grounded request. |
