2.24.2. by decision of a competent court (see Chapter 9 of these Rules).
2.25. Re-delegation of a private domain name in a public domain takes place by suspending the delegation of this name until the new registrant concludes an appropriate agreement regarding this domain name with the registrar, which has a written agreement 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.
THE .UA DOMAIN REGISTER DATABASE (THE WHOIS
DATABASE)
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.
4.6. The actual information in the Base is
available to any member of the global Internet community on the Internet via
WHOIS or HTTP protocols.
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.
4.9. The authorized registrar is entitled to
make changes to the Base exclusively with regard to the information contained in
the records about the persons of the registrants that have current contracts
with this registrar, and also to change the contents of the Nserver fields in
the records about domain names, the Mnt-by field of which points to this
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 (ªÄÐÏÎÓ). 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.
4.18.5.
Dom-public: the category of the domain name. The "YES" label in this
field means that the domain is public, the "NO" label – that the domain is
private. 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.
4.19.7.
HOLD-SINCE YYYYMMDDhhmmss – the delegation of the domain name and any
changes to the record about the domain name have been held from the specified
date and until the administrator's decision or until he receives the
corresponding court decision with regard to this domain name.
4.19.8.
FROZEN-OK-UNTIL YYYYMMDDhhmmss – the domain name has been delegated, the
term of delegation – until the specified date, but any changes to the record
about this domain name have been frozen by the administrator until the
administrator's decision or until he receives the corresponding court decision
with regard to this domain name.
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:
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.
6.3.2. The official statement of the
registrant that the information about him, given by him to the registrar for the
purpose of delegation of a domain name, in particular the contact information,
is complete, truthful and exact. The registrant undertakes to inform the
registrar 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 domain name delegation.
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. Under the contract between the registrar
and the public domain administrator the administrator is
obliged:
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. Under the contract between the registrar
and the public domain administrator the registrar is
obliged:
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
7.5.5. Subject to the conditions and
procedure provided for by the contract, to reimburse the administrator for his
expenses directly connected with fulfillment by the latter of his respective
obligations under the contract.
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.
7.6.2. In case of non-fulfillment or
undue fulfillment by the registrar of the obligations provided for by Cl. 7.5 of
the present Policy, in written form to demand elimination of such violations
from the registrar within the period of time specified by the
administrator.
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. Under the agreement between the public
domain administrator and the .UA domain administrator the public domain
administrator is obliged:
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.
8.5.2. In case of non-fulfillment or
undue fulfillment by the public domain administrator of the obligations provided
for by Cl. 8.3 of the present Policy, in written form to demand elimination of
such violations from such administrator within the period of time specified by
the .UA domain administrator.
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.
9.10.2.
The court of arbitration shall be formed out of three judges. Each of the
parties to the dispute chooses one arbitrator pursuant to the procedure provided
for by Cl. 9.11.2, 9.11.5, 9.12 of the present Policy. The arbitrators chosen by
the parties pursuant to the procedure and within the period of time provided for
by the rules of procedure of this court choose the third judge, which will act
as the Chairman of the court of arbitration during consideration and resolution
of the dispute.
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.
The claimant communicates the statement of claim to the respondent by
registered mail or by courier (against signature). The statement of claim shall
contain:
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).
9.11.4.
A copy of the statement of claim (with annexes) is communicated to the
administrator of the public domain, in which the disputed domain name is
delegated. If the public domain administrator is one of the parties to the
dispute, a copy of the statement of claim (with annexes) is communicated to the
administrator of the public domain of a higher level, in which such public
domain is delegated.
9.11.5.
Within 10 (ten) business days after the date of receipt of the statement
of claim the respondent communicates to the claimant a written statement of
defense on the merits of the dispute by registered mail or by courier (against
signature), containing:
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.
9.11.6.
A copy of the statement of defense to the statement of claim (with
annexes) is communicated to the administrator of the public domain, in which the
disputed domain name is delegated. If the public domain administrator is one of
the parties to the dispute, a copy of the statement of defense (with annexes) is
communicated to the administrator of the public domain of a higher level, in
which such public domain is delegated.
9.12.
If within the period of time set forth by the present Policy (with an
allowance for the time of postal circulation) the claimant did not send a
statement of defense to the statement of claim pursuant to Cl. 9.11.5 and Cl.
9.11.6 of the present Policy, in this case the public domain administrator, who
has received a copy of the statement of claim, at his own discretion chooses an
arbitrator instead of the respondent. After that the court continues arbitral
proceedings of the case pursuant to the present Policy.
9.13.
If
two arbitrators can not reach an agreement on the choice of the third arbitrator
as it is provided for by Cl. 9.10.2 of the present Policy, in this case such
arbitrator is appointed by the public domain administrator, who received a copy
of the statement of claim, at the discretion of such public domain
administrator. After that the court continues arbitral proceedings of the case
pursuant to the present Policy.
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
10.2. STD0013 (RFC#1034) DOMAIN NAMES - CONCEPTS AND FACILITIES
10.3. RFC#1035 DOMAIN NAMES - IMPLEMENTATION AND SPECIFICATION
10.4. RFC#1123 Requirements for Internet Hosts -- Application and Support
10.5. RFC#1591 Domain Name System Structure and Delegation
10.6. ICP-1: Internet Domain Name System Structure and Delegation
10.7. UDRP ICANN Uniform Domain-Name Dispute-Resolution Policy
10.8. USDoC98 Management of Internet Names and Addresses
10.9. RFC#1032 DOMAIN ADMINISTRATORS GUIDE
10.10. CENTR Best Practice Guidelines for ccTLD Managers
10.11. WIPO ccTLD Best Practices for the Prevention and Resolution of Intellectual Property Disputes