 Правила региональных доменов в формате PDF 
Правила доменов .BE
Terms and Conditions v4.0
Terms
and conditions for domain name registrationsunder the ".be"
domain operated by DNS BE
Version 4.0 - 14 February 2007
1. Definitions
- "DNS
BE" means the Belgian non profit organisation DNS Belgium vzw,
Belgische vereniging voor Internetdomeinregistratie, situated at
3001 Leuven, Ubicenter, Philipssite 5, box 13, and with enterprise
number BE046618640, administrator of the ".be" domain;
- "the
registrar" means the undertaking that enters into a non-exclusive
registrar agreement with DNS BE and obtains from DNS BE the right to
apply for the registration and renewal of domain names under the
".be" domain on behalf of its clients but for its own account;
- "the
domain name holder" means the person having obtained or having
applied for the registration of a particular name in the ".be"
domain;
2. Acceptable domain names
DNS
BE will not accept the following domain names for registration :
- Names
that are already registered ("first come, first served"
-principle), names in quarantine, names that are put
"out-of-support" or on hold. Names that consist of
characters other than "a-z", "A-Z", "0-9"
and "-", or that start or end with "-" (as
recommended in RFC 1035, published on the web site of DNS BE).
- Names
of less than two (2) or more than sixty-three (63) characters.
- Names
with "-" on the third and the fourth position.
Names
will be registered for the person whose application is completed
first, notwithstanding earlier applications for those names that are
not yet complete. An application is complete when it is received by
the DNS BE computer system (not when it was sent), and when it
contains all the data required by DNS BE.
The
refusal to register a domain name does not create any rights
(priority rights or other) for the applicant. The applicant may file
a new application, in competition with anybody else, if that name
later becomes available to the public.
3. Right of use
a) After
the registrar completes the registration process and pays the
registration fees, the domain name holder is granted the exclusive
right to use the domain name applied for.
b) The
right of use is valid for one year and is renewable as far as the
registration fee has been settled.
c) A
domain name is put on hold if DNS BE is notified that legal
proceedings, whether within or outside the scope of a court of law,
are in progress over that name. A domain name that is on hold cannot
be transferred or deleted, nor can the details of the domain name
holder be modified. The domain name holder can, however, still use
his domain name.
d) DNS
BE may terminate the registration if the domain name holder breaches
any of the terms and conditions of the domain name registration. In
case of a breach of the terms and conditions, DNS BE can send a
reminder by e-mail to both the registrar and the domain name holder
informing them that the registration will be terminated if the
breach is not remedied within 14 days.
e) After
termination of the registration for reasons outside the scope of
item d) of this article, the concerned domain name shall be placed
in quarantine for forty (40) days. During this period the registrar
can restore the domain name to its original status at the request of
the domain name holder provided that a reactivation fee is paid. At
the end of this period the concerned domain name can be made
available again for registration provided that it has not been
reactivated.
f) A
domain name is labelled "out-of-support" in case the
registrar contract with DNS BE is terminated and DNS BE has asked
the domain name holders to find a new registrar.
4. Fees and payment
a) The
domain name holder is aware that the registrar acting on his behalf
must pay the initial registration fee and the renewal fee according
to the agreement between the registrar and DNS BE.
b) The
registrar has access to the computer system of DNS BE in order to
verify the status and expiration date of the domain names that he
manages. The registrar is responsible for the timely information of
the domain name holder that the registration of his domain names is
due to be renewed.
c) DNS
BE is not responsible for the registrar's non-payment of
registration or renewal fees, which may result in the
non-registration or cancellation of a domain name (even if the
domain name holder has paid the registrar).
5. Obligation to have a working e-mail address
The
domain name holder must have a working e-mail address, which is
inserted in the DNS BE data base. DNS BE and the domain name holder
must use this e-mail address for official communication between them,
and the domain name holder must keep the address up-to-date through
his registrar. If the e-mail address is not kept up-to-date, the
domain name holder is in breach of these terms and conditions and DNS
BE may terminate the registration as provided in article 3 above.
6. Agreement between domain name holder and registrar
a) The
registration and renewal process with DNS BE can only be conducted
by the domain name holder through an authorised registrar, who is
acting on behalf of the domain name holder but for its own account.
DNS BE must make available on its web site a list of the authorised
registrars, and a copy of the typical agreement between DNS BE and
the registrar. DNS BE is not a party to the agreement between the
domain name holder and his registrar incurs no obligation or
liability from that agreement.
b) If
a registrar is no longer an authorised registrar because the
agreement with DNS BE is terminated, DNS BE must send an e-mail to
the domain name holders informing them that their domain name is put
"out-of-support" and asking them to appoint another
registrar within one month. If the domain name holder does not
appoint another registrar within one month, the registration
agreement between DNS BE and the domain name holder will be
terminated at the end of its term with no possibility of renewal.
The domain name holder's domain name will remain "out-of-support"
until the later of three months after DNS BE sent the notice-mail to
the domain name holder, or two months after the registration was
terminated.
While
the domain name is "out-of-support" the domain name holder
may appoint another registrar who may send a request, including its
reasons, to DNS BE to become the new registrar of the domain name
holder and restore the registration if terminated.
c) If
a domain name holder terminates the agreement with his registrar, he
must at the same time designate a new registrar who must inform DNS
BE of the proposed change of registrar. After the reception of the
transfer request made by the new registrar, DNS BE will inform the
domain name holder of the proposed change by e-mail. This e-mail
will contain a code which will permit the domain name holder to
confirm or to reject the transfer via the website of DNS BE. The
domain name holder must bring in his confirmation or rejection via
the website of DNS BE within 7 days following the e-mail from DNS
BE. If the domain name holder does not respond within 7 days, DNS BE
must send a reminder by e-mail to the new registrar informing him
that the transfer will only take effect if the domain name holder
confirms the change to DNS BE by a duly undersigned fax message
within 7 days following the reminder by e-mail. In absence of
confirmation within 7 days, the initiated transfer will be
cancelled.
c) When
a domain name holder wants to transfer a domain name to a third
party, the latter must ask his registrar to start the procedure
described in item c) of this article with the exception that the
domain name holder and the third party must confirm the
proposed change via the website or fax.
e) The
successful execution of the procedures described in items c) and d)
of this article means that a new registration period is started for
the concerned domain names and implies payment of the original
registration fee as specified in article 4 a). No reimbursement of
fees paid for the initial registration period shall be made.
7. Privacy policy
a) The
domain name holder authorises DNS BE to process personal and other
data required to operate the ".be" domain name system. DNS BE
must only use the data for operating the system and may only
transfer the data to third parties if ordered to do so by the public
authorities, upon demand of the dispute resolution entity mentioned
in article 10 or as provided in paragraph (c) of this article. The
domain name holder has the right to access his personal data and to
arrange for it to be amended, where errors exist.
b) The
domain name holder must keep DNS BE immediately informed through the
registrar of any change in name, address, e-mail address, telephone
and fax numbers. An omission or delay in informing DNS BE of such
changes may result in the termination of the registration.
c) The
domain name holder authorises DNS BE to make the following personal
data accessible on its website along with some other technical
data - to guarantee the transparency of the domain name system
towards the public:
- name,
address and telephone and fax number of domain name holder;
- date
of registration and status of the domain name;
- e-mail
address of domain name holder;
- language
chosen for the dispute resolution set out in article 10.
The
domain name holder also authorises DNS BE to transfer that data to
third parties for the purpose of inclusion in a publicly available
directory. The domain name holder may at any time and without giving
any reason inform DNS BE by e-mail at
that
his personal data may not be transferred. DNS BE must then take all
necessary steps to block the data transfer within five working days.
Such a request will nevertheless not prevent the data from being
consultable via the DNS BE website.
In
exception to the two previous paragraphs, the telephone and fax
number of the domain name holder will not be accessible on the
website nor be transferred to third parties if the domain name holder
is a private person.
8. Representations and warranties
a) The
domain name holder represents and warrants that:
- all
statements made during the registration process and the term of the
registration are complete and accurate;
- registering
the domain name will not infringe or otherwise violate the rights of
a third party;
- the
domain name is not registered for an unlawful purpose;
- the
domain name is not used in violation of any applicable laws or
regulations, such as a name that helps to discriminate on the basis
of race, language, sex, religion or political view;
- the
domain name is not contrary to public order or morality (e.g.
obscene or offensive names);
b) DNS
BE is not liable for any damage, including direct or indirect
damage, consequential damage and loss of profits, whether in
contract, tort (including negligence), or otherwise, resulting from
or related to the registration or use of a domain name or to the use
of its software or web site, even if DNS BE has been advised of the
possibility of such damage, e.g. regarding :
- registration
or renewal (or the default of registration or renewal) of a domain
name in favour of a domain name holder or a third party due to an
error concerning their identity;
- termination
of DNS BE's authority to register domain names in the ".be"
domain;
- rights
that third parties claim to domain names;
- technical
problems or faults;
- acts
or omissions of the registrars regarding the application,
registration or renewal of domain names which may result in the
non-registration or cancellation of a domain name.
DNS
BE will use its best efforts to provide its services according to the
"best practices" standards adopted and approved in national or
international context.
The
domain name holder must indemnify DNS BE against any claim (and the
resulting costs, including attorneys' fees) originating from the
use or registration of a domain name that infringes the rights of a
third party.
Disputes
between DNS BE and the domain name holder must be brought before the
courts of Brussels who will have exclusive jurisdiction, and must be
governed and interpreted in accordance with the laws of Belgium.
9. Change of terms and conditions
a) The
rules of the domain name registration procedure are dynamic and
subject to change.
b) If
DNS BE decides to change its rules, it will make the new rules
available to the public by posting them on its web site at least
thirty (30) days before the new rules take effect. Each registration
procedure will be handled according to the rules in effect on the
date the application is complete.
c) As
a deviation of the previous rule, DNS BE can modify the technical
registration rules of article 2 without the application of the
mentioned minimum delay of thirty (30) days. Such modifications will
take effect from the moment of their announcement on the website of
DNS BE. DNS BE can only make use of this specific procedure as far
as those modifications seem justified within the national or
international technical context and as far as they are intended to
prevent registrations of speculative nature.
d) DNS
BE will not personally inform domain name holders, whose domain
names have been rejected in the past, that new rules apply, even if
the rejected names would be allowed under the new rules.
10. Dispute resolution policy
a) Dispute
resolution. The domain name holder must submit the type of
disputes set out below to alternative dispute resolution proceedings
and accepts in this regard the competence of an accredited Dispute
Resolution Entity. The domain name holder accepts that those
proceedings must be conducted before one of the accredited Dispute
Resolution Entities listed at the web site of DNS BE. The procedure
will be conducted in the language chosen by the domain name holder
during his application. Every dispute will be governed by the
dispute resolution policy applicable when the complaint is filed.
b) Applicable
disputes.
- The
domain name holder must submit a dispute to alternative dispute
resolution proceedings if a third party (a "Complainant")
asserts to the Dispute Resolution Entity, in compliance with the
rules of procedure, and proves that :
- the
domain name holder's domain name is identical or confusingly similar
to a trademark, a trade name, a social name or corporation name, a
geographical designation, a name of origin, a designation of source,
a personal name or name of a geographical entity in which the
Complainant has rights; and
- the
domain name holder has no rights or legitimate interests in the
domain name; and
- the
domain name holder's domain name has been registered or is being
used in bad faith.
- The
evidence of such in bad faith registration or use of a domain name
can inter alia be demonstrated by the following circumstances:
- circumstances
indicating that the domain name was registered or acquired
primarily for the purpose of selling, renting, or otherwise
transferring the domain name to the Complainant who is the owner of
the trademark, trade name, social name or corporation name,
geographical designation, name of origin, designation of source,
personal name or name of the geographical entity, or to a
competitor of that Complainant, for valuable consideration in
excess of the costs directly related to the domain name; or
- the
domain name was registered in order to prevent the owner of a
trademark, a trade name, a social name or corporation name, a
geographical designation, a name of origin, a designation of
source, a personal name or a name of a geographical entity from
reflecting this name in a corresponding domain name, provided that
the domain name holder has engaged in a pattern of such conduct; or
- the
domain name was registered primarily for the purpose of disrupting
the business of a competitor; or
- the
domain name was intentionally used to attract, for commercial gain,
Internet users to the domain name holder's web site or other
on-line location, by creating a likelihood of confusion with the
Complainant's trademark, trade name, social name or corporation
name, geographical designation, name of origin, designation of
source, personal name or name of a geographical entity as to the
source, sponsorship, affiliation, or endorsement of the domain name
holder's web site or location or of a product or service on his
web site or location.
- the
domain name holder registers one or more personal names without the
existence of a demonstrable link between the domain name holder and
the registered domain names.
- If
a complaint is filed, the domain name holder can demonstrate his
rights or legitimate interests to the domain name by the following
circumstances:
- prior
to any notice of the dispute, the domain name holder used the
domain name or a name corresponding to the domain name in
connection with a bona fide offering of goods or services or made
demonstrable preparations for such use; or
- the
domain name holder (as an individual, business, or other
organization) has been commonly known by the domain name, even if
he has acquired no trademark; or
- the
domain name holder is making a legitimate and non-commercial or
fair use of the domain name, without intent for commercial gain to
misleadingly divert consumers or to tarnish the trademark, trade
name, social name or corporation name, geographical designation,
name of origin, designation of source, personal name or name of
the geographical entity at issue.
c) Rules
of procedure. The rules of procedure of the Dispute Resolution
Entity state the process for initiating and conducting the
proceedings and for appointing the Third-party Decider that will
decide the dispute.
The
rules of procedure also determine the fees that the Complainant must
pay.
The
Dispute Resolution Entity publishes the rules of procedure on its web
site.
d) Non-intervention
of DNS BE. DNS BE does not, and will not, participate in the
administration or conduct of any proceedings before a Third-party
Decider. Neither DNS BE, the Dispute Resolution Entity or the
Third-party Decider will be liable as a result of any fault made in
the dispute resolution process, except for intentional faults.
e) Remedies.
The remedies available to a Complainant under any proceedings before
the Third-party Decider are limited to requiring the cancellation of
the domain name registration or the transfer of the domain name to
the Complainant.
f) Notification
and publication. The Dispute Resolution Entity must publish all
decisions under this dispute resolution policy on the Internet
during a reasonable term. DNS BE must also be informed of these
decisions. If the domain name holder is involved in other legal
procedures concerning his/her domain name, he/she must inform DNS BE
of the final decision(s). DNS BE may decide to publish the decisions
referred to in the present article.
g) Courts
of competent jurisdiction. The submission to the alternative
dispute resolution procedures does not prevent either the domain
name holder or the Complainant from submitting the dispute to a
court of competent jurisdiction for independent resolution before,
during or after those proceedings. If a Third-party Decider decides
that the domain name registration should be cancelled or
transferred, DNS BE will implement that decision 15 days after being
informed of the Third-party Decider's decision except if the domain
name holder has started the appeal procedure of the dispute
resolution in due time If the appeal procedure was started in time,
DNS BE will not take further action (whilst leaving the domain name
on hold) until the appeal procedure has ended or has been cancelled.
h) Other
disputes. All other disputes between the domain name holder and
any party other than DNS BE over the domain name registration that
are not brought under the alternative dispute resolution procedures
must be resolved through any court proceedings, arbitration or other
available proceedings.
i) Defences.
DNS BE will not participate in any dispute between the domain name
holder and any party other than DNS BE over the registration and use
of the domain name, neither in the alternative dispute resolution
proceedings, nor in any other proceedings. The domain name holder
must not name DNS BE as a party or otherwise include it in any such
proceedings. If DNS BE is named as a party in any such proceedings,
it reserves the right to raise any and all defences deemed
appropriate, and to take any other action necessary to defend
itself.
j) Domain
name on hold. As soon as a request for alternative dispute
resolution is properly filed with the Dispute Resolution Entity and
the appropriate fee is paid, the Dispute Resolution Entity must
inform DNS BE of the identity of the Complainant and the domain name
involved. DNS BE must immediately put the domain name involved "on
hold", under article 3 of these terms and conditions. The domain
name remains on hold until the end of the proceedings set out in
paragraph (g).
k) Costs
of dispute resolution. The dispute resolution fee is payable by
the Complainant. However, if the Third-party Decider concludes that
the domain name registration needs to be struck out or transferred,
DNS BE shall repay half of these costs to the Complainant and
reclaim the thus repaid part from the domain name holder. Upon DNS
BE's first request, the domain name holder shall reimburse the
repaid amounts. The domain name holder shall not have a right of
recourse against DNS BE, the Dispute Resolution Entity, the
Third-party Decider or the Complainant for the thus suffered
financial loss. The potential financial loss for the domain name
holder is the risk that the latter took for the speculative
registration of domain names on which third parties have rights.
The
repayment provision specified in the previous paragraph does not
apply to the appeal procedure of the dispute resolution. The costs
of the appeal procedure are payable by the party that instituted
this procedure. | 
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