|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. Terms, Definitions and Acronyms
1.1. .TATAR gTLD, .TATAR: generic top level domain with the unique identifier “tatar”;
1.2. domain: zone, or branch, of the global domain name hierarchy, bearing its own unique identifier and served by a number of DNS servers;
1.3. domain name: symbol-based representation of a second-level domain name consisting of its own identifier, or domain name, and “.TATAR” (e.g. the domain name for an “example.tatar” domain is “example”), intended for network addressing where DNS (Domain Name System) is used;
1.4. ICANN: Internet Corporation for Assigned Names and Numbers (with its official website at http://www.icann.org/);
1.5. ICANN Policy (-ies): any approved ICANN policies, including Consensus-Based and/or Temporary policies, as well as technical conditions, terms, procedures and/or programs explicitly provided for by RAA and Registry Agreement for TATAR gTLD (including any of those related to rights protection mechanisms), with all ICANN Policies available at ICANN’s website;
1.6. .TATAR Registry Operator, Registry Operator: Limited Liability Company “Coordination Center of Regional Domain of Tatarstan Republic” (with its official website at http://domain.tatar) which is recognized as the registry operator for .TATAR gTLD according to the Registry Agreement with ICANN. The text of the Registry Agreement for .TATAR new gTLD is available at ICANN’s website;
1.7. Terms and Conditions: the present Terms and Conditions of Domain Name Registrations in .TATAR gTLD;
1.8. Appendixes to the Terms and Conditions, appendixes: any effective documents approved by Registry Operator in regard to .TATAR gTLD, including terms, rules, policies, instructions, standards, procedures, practices, etc. which have the status of appendix, supplement, clarification and/or revision to the present Terms and Conditions. These appendixes constitute the integral part of the present Terms and Conditions;
1.9. Registrar: an entity accredited by ICANN and authorized by Registry Operator on the basis of respective agreements to render new domain names registration services, existing domain names renewal services, and other activities associated with the servicing of domain names and their registrants in gTLD TATAR. The list of registrars is available on the Registry Operator’s website;
1.10. Customer: any entity (private individual, or corporate entity, or sole proprietor) seeking to procure, or procuring, or having procured, the registration services;
1.11. Registrant: any legally capable and eligible entity that has domain name registered in its name. To determine the entity’s legal capability and eligibility lex personalis is used of;
1.12. Domain Name Registration Agreement: agreement on registration services, domain name renewal and/or support that which the registrar and each customer are bound to enter into;
1.13. Registry database: a centralized database that contains information about all the registered domain names, their registrants, as well as registrars, and other relevant data, which performs operations and acts with such data, per respective procedures.
2. Mission and values of .TATAR gTLD
2.1. The mission of gTLD .TATAR is to bolster the Internet’s expansion both domestically and globally, enhance the quality of the use of the global Internet, promote the Tatar community’s identity worldwide, give shape to a single information space of the Republic of Tatarstan and attract new audiences to those web-sites whose profile is associated with the Tatars’’ ethno-cultural values, historic traditions and cultural-language riches.
2.2. The Registry Operator shares and supports the following values:
- The Internet is an integral part of today’s world;
- The Internet should help promote the identity of the Tatar community worldwide
- The Internet should contribute to retention of the Tatar cultural legacy
3. Basic provisions
3.1. The present Terms and Conditions are open for inclusion of any person or entity that to the fullest extent accepts the whole and integral Terms and Conditions, as well as all Appendixes hereto in their integrity.
By submitting an application to a registrar, or by other implicative actions aimed at receiving registration, renewal and/or domain name support services in .TATAR gTLD, the Customer fully accepts these Terms and Conditions, Appendixes hereto and ICANN Policies.
3.2. The deadlines set forth in these Terms and Conditions, as well as in Appendixes hereto, are to be defined in accordance with the civil law of Russian Federation, with all the deadlines set in the Moscow time if not set forth otherwise in a respective Appendix to the Terms and Conditions. The technical information that reflects changes and requests received uses the Universal Coordinated Time (UTC).
The Registry Operator’s holidays and weekends are defined in accordance with the law of Russian Federation and the law of the Republic of Tatarstan.
3.3. Terms, schedules and procedures of registration, renewal and/or domain name support services are defined by the present Terms and Conditions, Appendixes hereto, ICANN Policies and the Registration Agreement.
Where clauses of the present Terms and Conditions, Appendixes hereto and/or ICANN Policies contradict the Registration agreement, the present Terms and Conditions, Appendixes hereto and/or ICANN Policies govern. Where clauses of the present Terms and Conditions contradict Appendixes hereto, clauses of the Terms and Conditions prevail. Where clauses of the present Terms and Conditions and/or Appendixes hereto contradict ICANN Policies, ICANN Policies govern.
3.4. Registration, renewal and/or domain name support services are carried out by registrars. The registrar performs these services itself, or engages a third party (resellers, partners, etc.). The registrar bears full responsibility for acts or failures to act by such third parties engaged, as well as for consequences of such acts or failures to act.
3.5. To be eligible for registration, renewal and/or domain name support services, the Customer enters into the registration agreement with the registrar or a third party appointed by the registrar, and agrees that he will comply with all the terms and conditions of such a registration agreement, as well as with the present Terms and Conditions, Appendixes hereto and ICANN Policies.
3.6. The Customer shall provide the registrar or the third party engaged by the registrar, as a minimum, with the following information: (i) two recommendations by the registrants effective as of the date of entering into the registration agreement (solely within the open registration period), (ii) personal and/or corporate identification data, (iii) proof of identity, (iv) contacts so that the Customer could be reached as well as (v) other information and documents the registrar needs to conclude the registration agreement .
3.6.1. Recommendations shall in all cases contain: where the applicant is a private individual, that private individual’s name in full (per sub-par. 3.6.2. of the present Terms and Conditions), or, where the applicant is a corporate entity, a full name of that corporate entity (per sub-par. 3.6.3. of the present Terms and Conditions), and that applicant’s intent to register a given domain name (with reference thereto). Recommendations are required solely within the open registration period. The model draft recommendations are available on the Registry’s official web-site.
3.6.2. Personal identification data include:
- name in full, including the family name (surname) and given name, as well as patronymic unless it derives otherwise from the lex personalis or any national custom;
- date of birth;
- national ID details;
- residential address
The identifying document for an individual is the national ID or another appropriate proof of identity.
3.6.3. Corporate identification data include:
- corporate name in full, including the form of incorporation, per the charter documents;
- the federal registration number (for Russian residents, Primary State Registration Number, OGRN)
- individual taxpayer number or, for non-Russian residents, an equivalent thereof ;
- corporate address per the charter documents.
For legal entities, the charter documents (the charter and/or certificate of incorporation), the government registration document and/or the tax registration certificate and/or an excerpt from the public register for body corporates are considered the proof of identity.
3.6.4. Contacts include:
- postal address;
- name in full (according to Section 3.6.2 of the present Terms and Conditions) and/or company name (according to Section 3.6.3 of the present Terms and Conditions) of at least one administrative contact and one technical contact;
- postal address for administrative and technical contacts;
- phone numbers for administrative and technical contacts;
- fax numbers, if applicable, for administrative and technical contacts;
- registrant, administrative and technical contacts’ email addresses.
3.7. The method, schedule, form and means of providing the identification data and proof of identity are determined by the registrar and posted on his web-site.
3.8. All identification and contact information provided by Customer and/or registrant shall be up-to-date, relevant and complete. The Customer and the registrant are fully responsible for identification information being up-to-date, relevant and complete, as well as for risks of negative consequences from providing the registrar with out-of-date, irrelevant and/or incomplete information.
3.9. Entering into the registration agreement under a pseudonym or another person’s name is prohibited.
4. Domain name registration
4.1. The domain name is registered upon the Customer’s application, for the term between 1 (one) and 10 (ten) years, in 1 (one) year increments.
4.2. During the open registration period, the Customer is entitled to registration of an infinite number of domain names.
4.3. The Customer fully agrees to the fact that neither the Registry Operator, nor the registrar, nor ICANN, but only the Customer himself shall bear full responsibility for choosing a domain name and for possible infringement of any third party’s rights in connection with such a domain name; the Customer shall also bear full responsibility for adverse effects and losses in connection with the registration of the domain name selected by the Customer.
4.4. During the open registration period, except for the premium registration period, applications for the domain names registration shall be processed on the first-come, first-served basis basing on the time of their receipt by the Registry Operator.
4.5. During the open registration period, except for the premium registration period, the domain name shall be registered according to the first application that meets all the conditions below, while the application that does not meet at least one of the conditions below shall be rejected, and the reason for the rejection shall be specified:
(a) The domain name is available at the moment of processing of an application by the Registry Operator, which means that:
- the Registry does not contain information about such a domain name (the domain name is available for registration), and
- the domain name has not been entered in the list of reserved domain names according to the .TATAR Domain Name Reservation Policy;
(b) The domain name complies with the following technical requirements:
- does not contain symbols other than letters of the Latin alphabet (a-z), Arabic digits (0-9) and hyphen (domain names are not case-sensitive), and
- consists of no less than 3 (three) symbols, and contains the number of symbols not exceeding 63 when translated into Punycode, and
- starts and ends with a digit or letter;
- does not contain hyphens in the third and fourth positions (e.g. ab--cde.tatar);
(c) All information required for the domain name registration has been submitted;
(d) The description of the purpose of the domain name registration (no more than 150 symbols including spaces) has been submitted and it complies with the Mission and values of .TATAR gTLD.
4.6. Registration of domain names which inflict any damage upon third parties shall not be allowed.
4.7. Registration of domain names, that contradict (including, but not limited to, the below) that contain words or phrases contrary to moral standards and morale, as well as obscene words, anti-humanistic calls that offend people or religious sentiments, etc., is strictly prohibited.
4.8. The Registry Operator and any registrar reserve the right to decline any domain name registration application where (i) the description of the purpose of the domain name registration is missing in the application, or the purpose provided is inconsistent with the Mission and values of .TATAR gTLD; and/or (ii) the domain name is inconsistent with the Mission and values of .TATAR gTLD.
4.9. The Registry Operator reserves the right to conduct, at any moment of time and without any notice to registrant and/or registrar, checks of the registered domain names for compliance with the present Terms and Conditions, and Appendixes hereto and to check, in particular, the following: the usage of the domain name; compliance of the name-part of the domain name or the domain name itself with the Mission and values of .TATAR gTLD; accuracy of the registrant’s identification information, etc. After each check, the Registry Operator reserves the right to apply measures and sanctions provided for in the .TATAR Domain Anti-Abuse Policy.
5. Operations with domain name
5.1. Domain name delegation. In order for the domain name to be delegated and included into the .TATAR zone file, the registrant is required to provide no less than two DNS servers for the domain name to be delegated; such DNS servers shall have sustainable connectivity and operate on a 24/7 basis.
The delegation can be revoked in the instances including, but not limited to:The Registry Operator, the registrar and/or ICANN shall not bear any responsibility for any damage or loss to the registrant or any third parties caused by the cancelled domain name delegation for the aforementioned reasons.
- An absence of information of at least two DNS servers, or where those DNS servers are out of operation;
- where the domain name registration period has expired;
- on the registrant’s request ;
- according to a ruling, or verdict, or determination, or any binding act by a competent public court or by a Dispute Resolution Services Provider’s order;
- according to a duly performed resolution of the head (or his/her deputy, or any public official holding the same powers) of a law enforcement agency;
- where the registrant breaches the present Terms and Conditions, Appendixes hereto and/or ICANN policies, cancellation of the delegation is applicable thereto (e.g. in accordance with the .TATAR Domain Anti-Abuse Policy).
5.2. Renewal. The registrant may renew the domain name registration an unlimited number of times according to the terms and conditions specified in the registration agreement, in 1 (one) year increments. The renewal period, together with the ongoing and not yet expired registration period cannot constitute more than 10 (ten) years.
5.3. Domain name transfer. The registrant shall be able to transfer the domain name to another registrant or registrar. Terms, conditions and procedures of the domain name transfer are defined by registrars in compliance with the present Terms and Conditions, Appendixes hereto and ICANN Policies.
5.4. Registration data update. Where the identification information and/or contact information has been changed, the registrant is bound to notify the sponsoring registrar thereof. Where the identification information has been changed, the registrant shall provide documents in witness thereto.
5.5. Domain name registration cancellation. The domain name registration is subject to cancellation without any refund in the cases, including, but not limited to:
- according to a ruling, or verdict, or determination, or any binding act by a competent public court or by a Dispute Resolution Services Provider’s order;
- where the registrant breaches the present Terms and Conditions, Appendixes hereto and/or ICANN policies, cancellation of the delegation is applicable thereto (e.g. in compliance with the .TATAR Domain Anti-Abuse Policy).
- where being a private individual, recalls his/her consent to personal data processing.
The Registry Operator, the registrar and/or ICANN shall not bear any responsibility for any damage or loss to the registrant or any third parties caused by cancellation of the domain name registration for the aforementioned reasons.
6. Terms of the domain name usage
6.1. The domain name usage shall not contravene the Mission and values of .TATAR gTLD.
6.2. The Registry Operator has the right to exercise control and conduct checks with regard to registrants’ compliance with the conditions of, and restrictions to, the domain names usage set forth in the present Terms and Conditions and Appendixes hereto.
The procedure of exercise of control and conduct of checks, the Registry Operator’s rights upon detection of violation and/or abuse, as well as measures to prevent an undesired or inappropriate domain name usage abuse and sanctions therefor are set forth in the Anti-abuse policy in .TATAR gTLD,
6.3. The Registry Operator reserves the right to modify the existing restrictions of domain name usage and to introduce new ones. Such limitations are applicable to all domain names, even where the latter had been registered before such changes or limitations came into effect.
6.4. The registrant is permitted to register third-level domain names in the second-level domain name registered in his/her name, as well as define terms and conditions of registration and usage of such third-level domains, provided that the aforementioned terms and conditions are compliant with the Mission and values of .TATAR gTLD.
6.5. The registrant fully understands and agrees that neither the Registry Operator, nor the registrar, nor ICANN, but the Customer himself is unconditionally responsible for using the domain name and all third-level domain names therein, as well as for the risk of adverse consequences of such a usage.
7. Lock on operations with domain names under opening of judicial proceeding
7.1. The Registry Operator can impose a pretrial lock on a change of the registrar, transfer or deletion of a domain name solely on the basis of a written application of the holder of exclusive rights to the trademark (service mark) which contains sufficient information about that domain name and that trademark and to which in witness of thereof all the required documents that prove the claimant’s rights to the trademark (service mark) have been produced and solely with regard to such a domain name which infringes on the exclusive right to the trademark (service mark).
The pre-trial lock is set for 15 (fifteen) calendar days upon receipt of such a written application.
Where the holder of exclusive rights to the trademark (service mark) has failed to initiate the judicial proceeding regarding that domain name, upon his repeated claim the Registry Operator reserves the right to deny setting a lock without assigning a reason therefor.
7.2. Following institution of legal proceedings, The Registry Operator may establish an injunction on the change of a domain name registrar, its transfer or deletion upon application of the holder of exclusive rights to the trademark (service mark) that contains sufficient information about the domain name and the trademark (service mark) with regard to which a judicial proceedings have been opened and to which an evidence of the opening of judicial proceedings (e.g. determination of the court of law on acceptance of the Statement of Claim and setting litigation). .
Such an injunction due to the opening of legal proceedings is set for 90 (ninety) calendar days upon the date of receipt of the written application from the holder of exclusive rights to the trademark.
Where during the lock validity period the holder of exclusive rights to the trademark (service mark) has failed to obtain an act on injunctive remedies which lock a registrar change, the domain name transfer and/or cancellation, upon his repeated claim the Registry Operator reserves the right to deny setting a lock for the second time without assigning a reason therefor.
7.3. The Registry Operator establishes injunctive remedies upon written application by any entity that has produced an original of a notarized copy of a respective judicial act thereon and/or an original or a notarized copy of a court order
The injunctive remedies are established for the duration of validity of the judicial act and solely with regard to those operations which were specified therein.
7.4. Requirements as to the format, content and means of submission of written application to establish a lock on operations with the domain names and documents attached thereto are posted on the Registry Operator’s website.
8. Final provisions
8.1. The present Terms and Conditions and Appendixes hereto are executed and approved by the Registry Operator in Russian.
Any entity, including the Registry Operator, may translate the present Terms and Conditions and any Appendix hereto to any other language; however, such translations may not be deemed as the official text and thus may not invoke any responsibility other than those stipulated in the Russian-language version of the present Terms and Conditions and Appendixes hereto.
8.2. The present Terms and Conditions may be updated, amended, supplemented, revised or approved in a new wording, etc. at any time according by the Registry Operator’s decision. The Registry Operator also reserves the right to develop and introduce at any time a new Appendix to the present Terms and Conditions which will constitute an integral part thereto..
Any Appendix to the present Terms and Conditions may be changed, amended, revised, supplemented or cancelled at any time by the Registry Operator’s decision (unless no other procedures of modification, amendment, updating, cancellation, etc. have not otherwise been established by the Appendix and/or in the ICANN Policies).
8.3. The Registry Operator is obligated to notify registrars via email of any change, amendment, update or a new wording of the present Terms and Conditions, and/or Appendixes hereto, or introduction into effect of a new Appendix no later than 20 (twenty) calendar days prior to the effective date for such changes, amendments, updates a new version, or introduction into effect of a new Appendix.
8.4. The registrar is obligated to notify its Customers of any change, amendment or new version of the present Terms and Conditions, and/or Appendixes hereto no later than 10 (ten) calendar days the effective date for such changes, amendments, updates a new version, or commencement of a new Appendix.
8.5. The present Terms and Conditions and all the Appendixes hereto cover all the registrants, registrars and all the domain names, even if the latter had been registered before such changes, amendments, supplements and/or a new wording of the present Terms and Conditions, and/or Appendixes hereto took effect.
8.6. Where any provision of the present Terms and Conditions, or any Appendixes hereto, is considered (in full or in part), illegal or otherwise impossible to be performed, all the other clauses remain fully effective.