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). 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.
1.13. 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 domain, but can not contradict it. Their administrators establish the policies of domains delegated in the UA domain at the moment of delegation provided that there is consent of a higher-level domain administrator; these policies cannot contradict the present Policy.
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. THE DOMAIN NAME DELEGATION 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.
2.3. The domain name www in a public domain is 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 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.
2.17.7. The service availability of the domain name is not ensured, which is evidenced by results of its checking performed by the administrator. A checking of service availability of the domain name is conducted in compliance with the requirements of Article 5 of the present Policy.
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.
2.19.2. 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 or is in the stage of service availability checking (see Article 5 of the present Policy), and this checking is not completed yet.
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;
2.20.2. 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;
2.20.3. in case of reiterated and repeated technical errors that make the use of the domain name impossible and/or impede normal operation of the domain name system on the whole;
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. ADMINISTRATION FEATURES OF THE PUBLIC DOMAIN UA
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 (ґдтрпх). 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. THE DOMAIN NAME SERVICE AVAILABILITY CHECKING PROCEDURE
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. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE REGISTRAR
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. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE PUBLIC DOMAIN ADMINISTRATOR
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. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE AGREEMENT BETWEEN THE PUBLIC DOMAIN ADMINISTRATOR AND THE .UA DOMAIN ADMINISTRATOR
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. RULES FOR RESOLUTION OF DOMAIN DISPUTES IN .THE UA DOMAIN
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.
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