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Schedule 1/30-5
to Service Agreement Effective June 9, 2014 |
.МОСКВА and .MOSCOW Limited Registration Schedule for Specific User Categories
- Definitions
- General Provisions
- Limited Registration Terms
- Limited Registration Procedure for Specific Categories of Users
- Service Fees and Payment
- Registration Cancellation
- Limited Registration Period Timeframe
- Schedule Alteration Procedure. Effective Term
.МОСКВА and .MOSCOW Limited Registration for Specific User Categories (hereinafter referred to as Limited registration) means second-level domain registration in .МОСКВА and .MOSCOW gTLDs during the period of time and for categories of users as specified herein.
Specific Categories of Users are categories of users entitled for Limited registration in the .МОСКВА, .MOSCOW TLDs, in particular:
- exclusive owners of trade names registered in Moscow;
- exclusive owners of appellations of origin registered in Moscow and Moscow Region;
- non-profit organizations set up under the laws in effect in the Russian Federation and registered in Moscow;
- founders of mass media outlets registered under the procedure specified in the laws in effect in the Russian Federation, provided their output is intended for distribution in Moscow.
Other terms used in this Schedule are defined in the following documents:
- New gTLD Domains Preorder Registration Schedule (Schedule 1/11-8 to the Service Agreement),
- TMCH Trademarks Inclusion Schedule (Schedule 1/28 to the Service Agreement):
- Sunrise Registration Schedule under New gTLD Program (Schedule 1/30-1 to the Service Agreement),
- Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement),
- Addendum 4 to the Service Agreement.
2.1. This Schedule sets forth the terms and conditions for Limited registration of second-level domains in the .МОСКВА, .MOSCOW TLDs for specific user categories.
2.2. The Contractor is the Registrar accredited by ICANN and other authorized entities, including .МОСКВА and .MOSCOW Registry Operator, to provide.МОСКВА and .MOSCOW limited registration for specific user categories. The Contractor performs registration business under .MOSCOW and .MOCKВА Registry-Registrar Agreement dated 04.03.2014 entered into by and between the Contractor and Foundation for Assistance for Internet Technologies and Infrastructure Development, which is the Registry Operator of .МОСКВА, .MOSCOW gTLDs.
2.3. In any respects not regulated hereunder, the Contractor and the Customer shall be governed by Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement).
2.4. An order for Limited registration serves as Customer's full and unconditional consent with the terms of this Schedule and the procedure of its modification.
2.5. An order for Limited registration serves as Customer's full and unconditional consent with the Policies of .МОСКВА, .MOSCOW Registry Operator published on its website: http://en.faitid.org/projects/moscow/ (Foundation for Assistance for Internet Technologies and Infrastructure Development).
2.6. The service order serves Customer's full and unconditional consent with all rules, policies, standards, procedures and methodologies approved by ICANN with respect to appropriate top-level domain, including:
- consent for participation in the dispute resolution process subject to ICANN Uniform Dispute Resolution Policy ("UDRP");
- consent for participation in the dispute resolution process subject to ICANN Uniform Rapid Suspension System Policy ("UDRP");
2.7. The service order serves as Customer's consent to pay for the service at the prices valid on the date the order execution is started. The service order is made by the Customer on the Contractor's web server in "Manage your account" panel.
2.8. For a domain name registration during the period of limited registration for specific user categories, the Contractor undertakes the following actions:
2.8.1. check whether the Customer has domain name registration rights for the period of limited registration for specific user categories;
2.8.2. data entry for a domain name registration in the Registry, including:
- domain name or domain name presentation;
- Registrant's data;
- information on the document confirming the Customer's right for Limited registration.
2.9. The Customer agrees that any information the Customer provides by filling in applications and other documents, including those in electronic form, under sections of these documents marked as "public", will be placed by the Contractor on the search engines and will be open to the general public. A list of the information that will be made public and information that may be made public with the Customer's consent is available on the Contractor's website.
2.10. A service is provided to the Customer based on the Agreement with the Contractor as long as there is an Order for the service and all the relevant requirements of this Schedule are met.
2.11. Changes into this Schedule regarding introduction of new and/or additional services take effect from their publication on the Contractor's web server.
2.12. The Contractor is entitled, at its own discretion, to make changes into this Schedule by notifying the Customer thereof via communication channels. The Contractor undertakes to publish the specified changes on the Contractor's web server at https://www.nic.ru.
2.13. The Registrant shall indemnify the Registry Operator (including its directors, officers, employees, and agents) from and against any and all damages related to or arising out of Registrant's operations with respect to domain name registration or use, including, but not limited to, renewal, deletion and/or inter-Registrar transfer of such domain name.
2.14. The Registrant shall abstain from distributing malware and abusively operating botnets, engaging in phishing, piracy, trademark or copyright infringement, fraudulent or illegal practices, or otherwise engaging in activities prohibited by the laws in effect in the Russian Federation. Otherwise, domain name delegation may be suspended for the Registrant.
3.1. Limited registration shall be performed in respect of a domain name meeting the following requirements:
3.1.1. In .МОСКВА TLD:
a) full domain name ends with .МОСКВА characters;
b) domain name starts and ends with a Russian Cyrillic letter or a digit;
c) intermediate characters may be Russian Cyrillic letters, numbers, or a hyphen; Cyrillic characters allow UTF-8 characters from "а" (code 0430) to "я" (code 044F) and an additional character "ё" (code 0451). The full list of UTF-8 characters is published at: http://www.unicode.org/charts/PDF/U0400.pdf;
d) domain name is at least one character long;
e) domain name contains such a number of characters that its representation will not exceed 63 characters. The representation is achieved by transforming the Cyrillic domain name in compliance with the PUNYCODE algorithm (given in technical standards RFC-3490, 3491, 3492).
f) domain name reproduces in full the verbal appellation of the means of individualization or is identical with the verbal appellation of the means of individualization after its spaces or other symbols are deleted or after the spaces or other symbols are replaced with hyphens.
3.1.2. In .MOSCOW TLD:
a) full domain name ends with .MOSCOW characters;
b) domain name starts and ends with a Latin letter or a number;
c) intermediate characters may be Latin letters, numbers, or a hyphen; Latin characters allow UTF-8 characters from "а" (code 0061) to "z" (code 007A). The full list of UTF-8 characters is published at: http://www.unicode.org/charts/PDF/U0400.pdf;
d) domain name is at least one character long;
e) the name cannot include more than 63 characters;
f) domain name reproduces in full the verbal appellation of the means of individualization or is identical with the verbal appellation of the means of individualization after its spaces or other symbols are deleted or after the spaces or other symbols are replaced with hyphens.
3.2. If the verbal appellation of the Customer's means of individualization:
- contains any suffixes indicating a top-level domain (including the "dot" symbol) or transcription and transliteration thereof (including the "dot" symbol), a user shall be entitled to exclude any such suffixes from the domain name, for which an application for registration is filed.
- contains or fully consists of non-Russian words, the .МОСКВА domain name, for which an application for registration is filed, will include transliteration or transcription of the words chosen by the Customer;
- contains or fully consists of words, composed of non-Latin character set, the .MOSCOW domain name, for which an application for registration is submitted, will include transliteration or transcription of the words chosen by the Customer;
- contains any words which consist of characters of different languages, the requested domain name will include transliteration of such characters;
- includes or fully consists of characters of any language other than Russian, the requested .МОСКВА domain name will include transliteration or transcription of such characters chosen by the Customer;
- includes or fully consists of characters of non-Latin characters set, the requested .MOSCOW domain name will include transliteration or transcription of such characters chosen by the Customer;
- contains any words which consist of characters that may not be included in the domain name in accordance with the requirements given in subclause c) of clauses 3.1.1.-3.1.2. hereof, but the meaning of the word can be explicitly and clearly understood, then such characters may be replaced with letters, and in all other cases such characters will be replaced with a hyphen and/or omitted/removed at the Customer's discretion.
3.3. If there are two and more Limited registration requests submitted by different persons for the same domain name, a positive decision shall be taken in favor of the Customer that has fulfilled earlier the terms and conditions of Limited registration for specific user categories and the provisions of its agreement entered into with the Contractor.
4. Limited Registration Procedure for Specific Categories of Users
4.1. The Customer's means of individualization shall be valid and registered before the Registry Agreement is signed between ICANN and Registry Operator, provided a registration application for means of individualization has not been submitted after September 15, 2012.
4.2. The procedure of Limited domain name registration for exclusive owners of trade names of legal entities registered in Moscow:
4.2.1. An exclusive owner of trade names is entitled for a sunrise registration of a domain name matching the full or abbreviated trade name included into legal entities' state register.
4.2.2. The domain name to be registered should include, apart from the name itself, an indication to the legal entity's form of incorporation in full or in abbreviated form.
4.2.3. For a Limited domain name registration, the Customer must:
4.2.3.1. Submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server;
4.2.3.2. Submit at the Contractor's request copies of the following documents certified with the Customer's seal:
- certificate for Customer's registration as a legal entity;
- excerpt from the legal entities' state register issued no later than 20 (twenty) calendar days prior to the date of request submission to the registrar.
4.3. The procedure of Limited domain name registration for exclusive owners of appellations of origin from Moscow and Moscow Region.
4.3.1. Exclusive owners of appellations of origin from Moscow and Moscow Region are entitled to register a domain name that fully matches the appellation of origin indicated in the certificate for exclusive rights to the appellation of origin.
4.3.2. For a Limited domain name registration, the Customer must:
4.3.2.1. Submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server;
4.3.2.2. Submit at the Contractor's request copies of the following documents certified with the Customer's seal:
- Certificate of the Customer's registration as a legal entity or a sole trader, or any documents in confirmation of the Customer's registration as a legal entity issued as per requirements in effect in the country of registration (for foreign legal entities);
- certificate of exclusive right to use the appellation of product origin effective as of the application submitting date to the Registrar.
4.4. The procedure of Limited domain name registration for exclusive owners of names of non-profit organizations set up under the laws in effect in the Russian Federation and registered in Moscow.
4.4.1. A non-profit organization set up under the laws in effect in the Russian Federation and registered in Moscow has the right to a Limited registration of a domain name matching full or abbreviated name of organization included into legal entities' state register.
4.4.2. The domain name to be registered should include, apart from the organization's name itself, an indication to the legal entity's form of incorporation, if any such indication is contained in the legal entities' state register.
4.4.3. For a Limited domain name registration, the Customer must:
4.4.3.1. Submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server;
4.4.3.2. Submit at the Contractor's request copies of the following documents certified with the Customer's seal:
- certificate for Customer's registration as a legal entity;
- excerpt from the legal entities' state register issued no later than 20 (twenty) calendar days prior to the date of request submission to the registrar.
4.5. The procedure of Limited domain name registration for mass media outlets with output intended for distribution in Moscow:
4.5.1. Within the Limited registration period for specific user categories, only the founder of the mass media outlet shall be entitled to the Limited registration of a domain name corresponding to the verbal appellation of the name of mass media outlet registered under the procedure set forth in the laws in effect in the Russian Federation, provided their output is intended for distribution in Moscow.
4.5.2. In case the mass media outlet has several founders, the party authorized to apply for the domain name registration and to act as a benefactor of the Limited domain name registration shall be determined by all the founders of any such mass media outlet.
4.5.3. A domain name in the .МОСКВА TLD corresponding to the name of the mass media outlet must match the full name of the mass media outlet in Russian (Cyrillic characters) as specified in the certificate of state registration of such mass media outlet.
4.5.4. If the name of a mass media outlet fully or partially consists of letters other than Cyrillic, then, in order to be registered as a .МОСКВА domain name, the name of such mass media outlet or its respective part shall be transliterated or transcribed into Cyrillic letters at the Customer's discretion.
4.5.5. A domain name in the .MOSCOW TLD corresponding to the name of the mass media outlet must match the full name of the mass media outlet in Latin characters as specified in the certificate of state registration of such mass media outlet.
4.5.6. If the name of a mass media outlet fully or partially consists of letters other than Latin, then, in order to be registered as a .MOSCOW domain name, the name of such mass media outlet or its respective part shall be transliterated or transcribed into Latin letters at the Customer's discretion.
4.5.7. For a Limited domain name registration, the Customer must:
4.5.7.1. Submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server;
4.5.7.2. Submit at the Contractor's request copies of the following documents certified with the Customer's seal:
- certificate of the Customer's registration as a legal entity or a sole trader, or any documents in confirmation of the Customer's registration as a legal entity issued as per requirements in effect in the country of registration (for foreign legal entities);
- ID document if the founder is an individual;
- joint decision by all the founders on domain name registration and on granting to one of the founders the right to act as a Registrant in relation to the domain name to be registered (in case the mass media outlet has two or more founders);
- certificate of state registration of the mass media outlet.
4.6. The way of submitting documents by the Customer shall be defined by the Contractor in a request.
4.7. Upon receiving the Customer's application, the Contractor shall:
4.7.1. Verify data and documents submitted by the Customer.
4.7.2. If the Customer is entitled to a Limited domain name registration:
- provided the Customer has on its Agreement Account the funds sufficient to cover the Service, submit to the Registry a registration request for the presentation of the Cyrillic domain name in .МОСКВА gTLD or for the Latin domain name in .MOSCOW gTLD;
- notify the Customer (Registrant) about the results of the registration request;
- if the Registry gives a positive response to the Contractor's request, register the second-level domain name in .МОСКВА or .MOSCOW gTLD, as specified in the Customer's request.
4.7.3. The Contractor shall review the Customer's request within 10 (ten) business days since the date of receipt of the request and the documents listed in this Schedule for the respective category of users, in the case they were requested by the Contractor. Following the Customer's request review, the Contractor shall, within the above period, provide a domain name registration confirmation or a motivated rejection.
4.8. For the validity period of this Schedule, the Registrant may not:
- transfer domain name to another person or entity, except after disposition of exclusive rights to the means of individualization in respect of all goods and services, or after the effective date of a court order related to domain name rights;
- transfer domain sponsorship to another Registrar; renew domain name registration.
4.9. Within the Limited registration period for specific user categories under the New gTLD program, domain names are registered for one year. After the expiration of this period, domain names may be renewed subject to the terms of Schedule 1/30-2 to the Service Agreement.
4.10. Delegation of domain names registered under this Schedule shall be provided not earlier than in 3 (three) but not later than in 14 (fourteen) calendar days upon completion of the Limited Registration Period for specific user categories.
4.11. If, upon fulfillment of all the terms specified in clauses 4.1.-4.5. hereinabove, the corresponding Registry contains information that at the time when the order for .МОСКВА and .MOSCOW Limited Registration for Specific User Categories was submitted the Trademark Clearinghouse already had a Domain Name Label matching the requested domain name, the Contractor will notify the Customer thereof via e-mail. The Customer shall additionally, within 48 hours, provide a prior acknowledgment that he/she agrees to submit an Order for registration of such domain name during the Limited registration period.
4.12. The service of Limited registration for specific user categories may not be provided, and the domain name may not be registered in the following cases:
a) the Contractor's application in the Registry for domain name registration under New gTLD Program was not the first one among those submitted by other Registrars;
b) domain name registration is cancelled by an enacted court decision, when a person, whose rights are deemed violated by the court, has a priority to a canceled domain registration;
c) domain name is subjected to court trial, provided the Contractor has appropriate evidence therefor;
d) domain name registration is in contradiction of the Terms and Conditions for Domain Names Registration established by the Registry Operator;
e) the domain name has already been registered;
f) domain name registration in the top-level domain during the Limited registration period for specific user categories is not launched yet, or suspended;
g) in other cases likely to cause third parties' rights violation as deemed by the Contractor.
5.1. The fee for Limited domain name registration under the New gTLD program is given in Pricing (Addendum 1 to Schedule 1/30-1 and Addendum 2 to the Service Agreement).
5.2. The Contractor provides the Customer with the service of Limited domain name registration for specific user categories after reserving sufficient money on the Customer's Personal account. Money that is allocated for the service cannot be used to pay for other services.
5.3. When the Order for the second-level domain name is received for the period of Sunrise domain name registration under the New gTLD program or Limited domain name registration for trademark / service mark exclusive owners in .МОСКВА, .MOSCOW, the Orders for the service of Limited domain name registration for specific user categories in .МОСКВА, .MOSCOW for the same domain name will be cancelled, the funds reserved on the Customer's contract account to pay for the service will be released.
6.1. The domain name registration effected within the Limited registration period will be cancelled by the Contractor if it reveals any violations of the terms and conditions from clause 4.12 hereinabove and/or if it reveals that any information provided by the Customer under clauses 4.1.-4.5. hereinabove is inaccurate.
7. Limited registration Timeframe
7.1. Limited registration for specific user categories shall be held from August 19, 2014 through August 25, 2014, inclusive.
8. Schedule Alteration Procedure. Effective Term
8.1. All actions related to the domain names, which have been/are being registered under the limited registration procedure, shall be performed under the Schedule version in effect as per the date of performing any such actions.
8.2. This Schedule shall remain in effect from June 10, 2014 through August 25, 2014, inclusive.
8.3. Since the date of domain name registration conducted within the Limited registration period, the provisions of the Landrush and General Availability Registration Schedule under New gTLD Program (Schedule 1/30-2 to the Service Agreement) shall be applicable to the registrant of the registered domain name. In this case:
- the provisions on domain name delegation shall be effective from the moment established by clause 4.10. hereinabove;
- the provisions of clause 4.8. hereinabove shall be effective until August 25, 2014 inclusive.