|Утверждено:||Решением Генерального директора ООО «Координационный центр Регионального домена Республики Татарстан»|
(Приказ № 01/TATAR от 15.07.2014)
|Дата начала действия:||28 августа 2014 года|
|Дата окончания действия:|
1. General Provisions
1.1. Coordination Center of Regional Domain of Tatarstan Republic Limited Liability Company (hereinafter referred to as the “Registry”) deems unacceptable any domain name registration or use which run counter to the .TATAR Terms and Conditions of Domain Name, their supplements, as well as ICANN Policies and the applicable laws of the Russian Federation.
1.2. The purpose of this Policy is to promote a positive culture of domain name registration and usage and enhance trust in the .TATAR TLD and its environment.
This Policy shall not be applicable to claims/complaints by title holders with respect to domain names that reproduce and/or match their trademarks (service marks), names (trade names), appellations or other means of the individualization and other intellectual property. Procedures for such claims/complaints are envisaged in Part 7 of the .TATAR Terms and Conditions of Domain Name Registrations.
2. Terms, Definitions and Acronyms
2.1. Terms and Conditions means Terms and Conditions of Domain Name Registrations in .TATAR gTLD published on the Registry’s official website at http://domain.tatar.
2.2. Content means any information and data in any format, be it text, software, music, photographs, charts, video, messages, documents, etc.
2.3. Expert means any person (individual or legal entity) with special and/or required knowledge on issues related to the processing of a complaint or an inspection, engaged by the Registry to deliver an expert opinion. The Registry shall be entitled to engage any experts (including accredited experts) at its sole discretion, unless otherwise required by the applicable laws of the Russian Federation.
2.4. Other terms and acronyms in this Policy shall be construed as defined in the Terms and Conditions and other supplements to the Terms and Conditions which constitute inseparable parts to the Terms and Conditions.
3. Abuse and Violation Categories
The Registry distinguishes two categories of violations and abuses depending on their danger level and possible negative consequences:
1st category: violations and abuses that should be addressed and suppressed without delay, including, but not limited to
3.1. Phishing: Using a domain name for linking to a webpage designed to trick users into divulging their personal data, including, but not limited to, logins, passwords, bank details, etc.
3.2. Using a domain name for distributing, providing and making publicly available malware and/or linking to it (including redirecting to it),
3.3. Using domain names to command and control botnets on compromised computers for the purpose of carrying out coordinated actions,
3.4. Using a domain name for carrying our other actions and activities aimed at interfering with the normal operation of Internet-connected devices (computers, other equipment and software) that are not owned by the registrant of such a domain name.
2nd category: violations and abuses that do not need to be addressed promptly, including, but not limited to,
3.5. Using domain names for distributing, providing, and making available to the general public content and/or linking to the content, including, but not limited to,
- Forbidden content under Federal Law No. 149-FZ dated July 29, 2006 On Information, Information Technology and Data Protection;
- Content on goods, products, items, works and/or services subject to advertising, manufacturing and/or distribution bans or limitations under the laws of the Russian Federation;
- Any content that is discriminatory in terms of race, ethnicity, gender, religion, social status, etc., instigating interethnic strife, contradicting rules of morality, containing obscene language, inhuman calls, offending human dignity and/or religious feelings, etc.;
- Any other content inconsistent with the current laws of the Russian Federation and the Republic of Tatarstan and established international norms and principles.
3.6. Using a domain name for distributing, providing, and making available to the general public links to resources featuring content envisaged in Clause 3.5. of this Policy;
3.7. Registering a domain name featuring among other things,
- Words and expressions qualified as obscene language, as well as the transcription and transliteration of such words using Latin characters;
- A series of symbols that form an inverted presentation of obscene words or imitate such words in terms of their graphic or phonetic presentation;
- Other words or expressions that run counter to ethics and moral codes, inhuman calls, offending human dignity and/or religious feelings, etc.
3.8. Spam: Using domain names to send unsolicited messages via email or other means (SMS, MMS, etc.);
3.9. Registering a domain name using false (unreliable and/or inaccurate) data on the registrant’s identity;
3.10. Using a domain name for purposes other than stated by the registrant.
4. Detecting Violations and Abuses
4.1. For the purpose of detecting and restraining violations and abuses, the Registry shall control and verify compliance by the registrants with the requirements and limitations envisaged in the Terms and Conditions and supplements thereto.
4.2. Inspections may be initiated by the Registry at its discretion or based on a third party complaint.
4.3. The Registry shall ensure around-the-clock (24/7, 365 days per year) operation of its Response Service for processing incoming complaints regarding any incidents within the .TATAR domain and following up on them.
Any person may submit a complaint to the Response Service at the following addresses:
4.4. The Registry may carry out control measures and inspections (under a received complaint or initiated by the Registry) without notifying the registrant and/or the registrar, at any time and with any frequency by its own means or with input from the registrar of the domain name in question (for example, for verifying information submitted by the registrant).
4.5. The Registry may use various technical solutions, software and/or applications for carrying out control measures and inspections.
The Registrant shall not implement or use any technological or software solutions for protecting itself from such control measures and inspections, preventing them, creating restrictions and/or obstacles.
4.6. Inspections may be aimed at determining,
- Whether the domain name is being used in accordance with the Terms and Conditions and in line with the objectives provided during registration;
- Whether the information provided by the registrant is up to date, extensive and reliable.
4.7. The Registry shall be entitled to perform an expert review in complex and ambiguous cases, and also when classifying an act as a violation and/or abuse is not evident or questionable. The Registry may carry out an expert review on its own or engage external expert(s). The Registry takes decisions to carry out an expert review or engage an expert at its sole discretion.
5. Complaint Processing Procedure
5.1. Complaint Registration. All incoming complaints are registered in the automated complaints processing system. Every complaint is assigned an incoming number, which is communicated to the complainant by email.
5.2. Initial Processing of Complaint. The Response Service operator proceeds with the initial processing of the complaint to determine its relevance, and whether it features sufficient and accurate information for further processing. The complaint may not be accepted for further processing if the information provided by the complainant is inaccurate and/or incomplete and/or is deemed irrelevant by the Registry Service operator, for example:
- the complaint does not feature the domain name in question;
- the complaint refers to a domain name registered outside the .TATAR domain;
- the complaint refers to an inexistent (unregistered) domain name;
- the substance of the complaint is unclear (what the complainant is complaining about or points to);
- other similar reasons.
The complainant shall be informed by email of any refusal to accept the complaint for further processing within 3 (three) business days.
5.3. Completing the Complaint Processing.
5.3.1. The processing of complaint regarding violations and/or abuses of the 1st category implies the following steps and timelines:
(a) Within three hours after the complaint is registered in the complaint processing system, the Response Service blocks the domain name (the domain name is suspended and all operations with the domain name are banned) and sends the registrant and the Registrar serving such a domain name a notification on the reasons for blocking it along with a demand to remedy the detected violation and/or abuse;
(b) Within 30 (thirty) days after the domain name is blocked, the registrant is provided the possibility to remedy the detected violation and/or abuse (and immediately notify the Registry) and/or send its explanations to the Registry.
(c) In the event the registrant remedies the detected violation and/or abuse within the aforementioned 30 day-long period and/or sends the registry a substantiated and satisfying explanation proving that no violation and/or abuse were committed, the Registry removes the suspension of the domain within 3 (three) business days and notifies the complainant, the registrant and the registrar servicing the domain name by email that the processing of the complaint has been completed.
(d) In the event the violation and/or abuse are not remedied within the aforementioned 30 day-long period, or the registrant fails to provide an explanation or the explanation it provides is deemed unsatisfactory by the Registry, the domain name registration may be cancelled, and the Registry sends an email notification to this effect to the complainant within 5 (five) business days following the expiration date of the 30 day-long period, the registrant and the registrar servicing the domain name (complaint processing complete).
5.3.2. The processing of complaints regarding violations and/or abuses of the 2nd category implies the following steps and timelines:
(a) Within 3 (three) business day after the complaint is registered in the complaint processing system, the Response Service,
- Sends the registrant and the Registrar serving such a domain name a notification of the reasons for the interdiction and requirement to remedy the detected violation and/or abuse and provide explanations; and,
- Raise the issue of carrying out an expert review.
(b) The Registry decides on whether it will carry out the expert review on its own or engage an external expert(s) for this purpose. During such an expert review, the registrant has the right to submit explanations to prove that no violations and/or abuses were committed, which will be taken into account in the expert opinion.
(c) The expert review carried out by the Registry on its own shall not exceed 10 (ten) business days, while the duration of the expert review involving an external expert(s) shall be determined by such expert(s), but shall not exceed 25 (twenty five) days.
(d) The Registry reviews the opinion drafted by the expert(s) and sends an email notification to this effect to the registrant, the registrar servicing the domain name and the complainant within 3 (three) business days after receiving the opinion.
If the expert(s) points in its opinion to a violation and/or abuse, the domain name is blocked and the procedure envisaged in Clause 5.3.1. hereof is implemented, while if the violation and/or instance of abuse are not confirmed, the Registry lifts, within 3 (three ) business days the interdiction with respect to the domain name and notifies the complainant by email that the processing of the complaint has been completed.
(e) Throughout the complaint processing period the registrant may remedy the detected violation and/or abuse and send the Registry an email notification to this effect. If the Registry deems that the registrant remedied the violation and/or instance of abuse, the Registry shall stop the expert review process and/or remove the domain name suspension within 3 (business) days and notify the complainant by email that the processing of the complaint has been completed.
6. Responding to Incidents Detected by the Registry
6.1. In the event that an inspection initiated by the Registry reveals a violation and/or abuse, the relevant procedures envisaged in Clauses 5.3.1. and 5.3.2. hereof shall be implemented depending on the category of such violation and/or abuse. The domain name will be subject to a suspension and/or interdiction once the Response Service operator detects a violation and/or abuse.
7. Special Cases
7.1. Processing of Applications by Investigative Bodies. Written substantiated and justified decisions by heads (depute heads and officers in similar positions) of investigative bodies, featuring at least the qualification of the alleged offence arising out of the actions of the domain name registrant subject to an inspection or proceedings, shall be processed in accordance with the procedure established for violations and/or abuses of the 1st category (Clause 5.3.1. of this Policy).
All other applications and/or requests and/or decisions by investigative bodies are processed in accordance with the procedures established in this Policy.
Information on all received complaints, inspections, expert opinions, correspondence, inspection results, and restrictive measures, etc., shall be stored for 3 (three) years and may be provided to investigative bodies upon written request.
7.2. Mass Media. The unadvisable or inadmissible use of a domain name serving an online media title shall be subject to the procedures established in this Policy, but shall not include domain name suspension or cancelation. The Registry recommends sending a copy of complaints against mass media outlets to the relevant government watchdogs (for the Russian Federation, the Federal Service for Supervision of Communications, Information Technology and Mass Media).
8. Final Provisions
8.1. This Policy is an appendix (integral part) to the .TATAR Terms and Conditions of Domain Name Registrations.
8.2. This Policy takes effect on the date stated in its heading and remains in full force and effect until a relevant decision by the Registry (to cancel or terminate this Policy or similar decisions). The termination of this Policy does not constitute a release from obligations that arose before the termination date and does not constitute a release from liability for the failure to perform (improper performance) of this Policy.
8.3. The Registry may amend, supplement, update, or approve a new version or cancel this Policy upon its sole discretion and at any time. The terms and conditions for amending, supplementing, updating, or approving a new version or cancelling this Policy are set forth in the .TATAR Terms and Conditions of Domain Name Registrations.