|
Schedule 1/30-6
to the Multiple Services Contract Effective 05 November, 2014 |
Contractor - Joint Stock Company "Regional Network Information Center".
Partner of the Contractor (Partner) - an individual person or legal entity that has signed a Multiple Services Contract (NIC-REG).
Customer - Partner of the Contractor, who made an order to the Contractor for a second-level domain registration in the Limited registration period.
Client — an individual or legal entity that applied to the Contractor’s Partner, wishing to register a name in the Limited registration period on the conditions hereunder.
Registry - the central database of a corresponding gTLD, which contains information about registered domain names and corresponding DNS servers, as well as other information required for the registration and delegation of domains.
Registry Operator - the legal entity responsible for the operation of Registry and providing access to the Registry for Registrars so that they can provide second-level domain name registration services.
ICANN - the corporation that holds authority for the allocation of domain names and numbers, exercises general control over the system of domain names and the space of IP addresses, including the development of rules, and ensures the efficient operation of root servers.
Registrar - any legal entity accredited by ICANN or another authorized party including gTLD Sponsor to provide domain name registration services and deliver required information to the Registry.
.ДЕТИ Limited registration for Specific User Categories (hereinafter referred to as Limited registration) means second-level domain registration in .ДЕТИ gTLDs during the period of time and for user categories as specified herein.
Trademark (service mark),TM means a distinctive sign used to individualize and make difference between identical or similar goods, products, works and/or services offered by different producers or service providers.
Trademarks (service marks) do not include:
Verbal appellation of a trademark – inclusion into TM of a word, word combination having a word nature, word combinations, sentences and other language units, as well their combinations.
TM Holder means the holder of the exclusive right to the trademark (service mark).
Mass media owner – means a printed periodical, online media, TV channel, radio channel, telegram, radio program, video program, newsreel program, other form of periodical distribution of mass media outlet under constant name.
Mass media law – RF law "On mass media" dated 27.12.1991. No. 2124-1.
Internet project – website, page, game portal, etc. in Internet.
Owner of Internet project – a person, on whose behalf a domain used as addressing to Internet project is registered (registrant).
Non-profit organization – any non-profit organization irrespective of its form (foundation, non-profit society, community, etc. in accordance with RF FZ "On non-profit organizations"), including any public association (public organization, including religious, public movement, public foundation, public institution, public activity body, political party, as well as non-profit alliances (associations)), including foreign non-governmental non-profit organizations and/or international organizations, which business is not restricted in the Russian Federation.
Auction Regulations – document approved by the Registry Operator describing the rules and procedure of auctions, the valid version of which is available on:
- .ДЕТИ Registry Operator's official website at: http://dotdeti.ru/docs/;
- .TATAR Registry Operator's official website at: http://domain.tatar/.
Specific User Categories are categories of users entitled for Priority registration in .ДЕТИ TLD, in particular:
2.1. This Schedule sets forth the terms and conditions for Limited registration of second-level domains in .ДЕТИ (.KIDS) and .TATAR TLD for specific user categories.
2.2. The Contractor is the Registrar accredited by ICANN and other authorized entities, including
- .ДЕТИ Registry Operator, to provide Limited registration of .ДЕТИ second-level domain names for specific user categories;
- by .TATAR Registry Operator for delivery of second-level domain names limited registration for specific user categories in .TATAR TLD.
The Contractor shall conduct its business based on:
- the Agreement entered into by and between the Contractor and Smart Internet Foundation, which is .ДЕТИ TLD Administrator and Registry Operator;
- the Agreement entered into by and between the Contractor and Coordination Center of Regional Domain of Tatarstan Republic, which is .TATAR Administrator and Registry Operator.
2.3. In any respects, which have not been regulated hereunder, the Contractor and the Customer shall be governed by the below documents:
2.4. An order for Limited registration serves as Customer's full and unconditional consent with:
a) all terms and conditions of this Schedule and the procedure of its modification;
b) Terms and Conditions of Domain Name Registrations in .ДЕТИ gTLD published by the Registry Operator at http://dotdeti.ru/foruser/docs/ - only during registration of .ДЕТИ domains;
c) with the Terms and Conditions of Domain Name Registrations in .TATAR gTLDs published on Registry Operator's official website http://domain.tatar/users/documents.php/ - only in case of .TATAR domains registration;
d) all rules, policies, standards, procedures and methodologies approved by ICANN with respect to appropriate top-level domain, including:
2.5. 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.
2.6. Changes into this Schedule regarding introduction of new and/or additional services take effect from their publication on the Contractor's web server.
2.7. 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.
2.8. 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.
2.9. 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 terms and conditions in .ДЕТИ TLD
3.1.1. Limited registration shall be performed in respect of a domain name in .ДЕТИ gTLD meeting the following requirements:
a) does not contain symbols other than letters of the Russian alphabet (including letter “ё”), Arabic digits and hyphen (domain names are not case-sensitive), and
b) consists of no less than of 3 (three) symbols, and contains the number of symbols not exceeding 63 (sixty three) when translated into Punycode, and
c) begins and ends with a letter or digit.
3.1.2. Furthermore, Limited registration can be performed only with respect to such a domain name, which reproduces in full or is identical with the trademark name verbal appellation, name of the mass media or domain name used as the address to an Internet project.
3.1.3. If a verbal appellation of a trademark, name of the mass media or domain name used as the address to an Internet project:
а) ends with "дети" suffix or transliteration, the Client shall be entitled to exclude any such suffixes from the requested domain name;
b) contains punctuation marks and other symbols/marks (mathematic marks, registered trademark symbol, etc.), which as per clause 3.1.1. hereinabove may not be included into a domain name, such symbols /marks shall be replaced at Client's option either with a hyphen, or an official term of such a symbol/mark, or omitted/removed from the requested domain name;
c) contains any words which consist of characters/symbols that may not be included in the domain name in accordance with the requirements given in clause 3.1.1. hereinabove, but the meaning of the word can be explicitly and clearly understood (for example, "соб@к@" (at) or "кла$$ный (cool)"), then such characters may be selected at Client's option, replaced with the letters of the Russian alphabet (for example "собака.дети" (dog.kids) or "классный.дети" (cool.kids)), and in all other cases such characters will be replaced with a hyphen and/or omitted/removed as per sub-clause (c) of clause 3.1.3. hereinabove.
d) contains or fully consists of non-Russian words, the .ДЕТИ domain name, for which an application for registration is submitted, will include transliteration or transcription of the words chosen by the Client;
e) contains or fully consists of word composed of various alphabets, i.e. at Client's option the requested domain name either includes transliteration or transcription of such characters;
f) contains or fully consists of words composed of various non-Russian alphabets, i.e. at the Client's option the requested domain name either includes transliteration or transcription of such characters;
j) ends with a top-level domain (e.g., "мультфильм.рф" (cartoons), "toys.com", etc.), then the Customer may delete such ending from the requested domain name, i.e., request a domain name (submit a request for domain "мультфильм.дети" or "игрушки.дети" (toys)).
3.2. Limited registration terms and conditions in .TATAR TLD
3.2.1 Limited registration shall be performed in respect of a domain name in .TATAR gTLD meeting the following requirements:
a) domain name has no characters other than Latin symbols (a-z), Arabic digits (0-9) and a hyphen (case insensitive);
b) domain name contains at least 3 (three) and not more than 63 (sixty three) characters;
c) domain name starts and ends with a digit or letter;
d) there are no hyphens in third and forth positions (for example ab--cde.tatar).
3.2.2. In this case, if a verbal appellation of a trademark, name of the mass media or name of a non-profit organization:
а) is fully or partially composed of letters other than Latin (for example, “мушкетер” or "триathlon"), then, at Customer's option, such words may be included in the domain name using transliteration or transcription (for example, “mushketer.tatar” or “musketeer.tatar”, "triathlon.tatar" or “triatlon.tatar”);
b) ends with word combination "Tatarstan republic" or word "Tatarstan" in any language (declension is of no importance - "Студенты Татарстана"), the Customer is entitled to omit such ending from the requested domain name (submit application for the domain, for example, "studenty.tatar" and/or “students.tatar”);
c) contains any punctuation marks and other characters (mathematical symbols, trademark symbols, etc.) that may not be included in a domain name in accordance with the requirements given in the clause 4.5 (or example, "Союз молодежи Республики Татарстан", "2 + 2" or "%%игры%%"), such marks/symbols shall be replaced at Customer's option by either a hyphen, or official term of such symbol/mark, or omitted/deleted from the requested domain name (for example, "souz-molodeji.tatar", "2plus2.tatar" or "games.tatar");
d) includes a word, consisting of marks/symbols, which may not be included in a domain name in accordance with the requirements given in the clause 3.2.1. of the Terms and Conditions, but the meaning of the word can be explicitly and clearly understood (e.g., "соб@к@" (looks like "собака", which means "dog" in Russian) or "кла$$ный" (looks like "классный", which means "awesome" in Russian)), then such characters, at the Customer's discretion, may be replaced with the letters of the Russian alphabet (e.g. "dog.tatar" or “sobaka.tatar”; "klassnyj.tatar" or “kla—nyj.tatar”), or replaced, omitted/removed pursuant to the subclause (c) 3.2.2. of this Schedule.
3.3. For a domain name registration during the period of Limited registration for specific user categories, the Contractor undertakes the following actions:
3.3.1. check, whether the Client has domain name registration rights for the period of Limited registration for specific user categories based on documents and data submitted by the Customer;
3.3.2. 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.
3.3.3. If the Client has the right to a priority domain registration:
3.4. If two or more Registration Requests for .ДЕТИ or .TATAR domain name meeting all the requirements in place are received in respect of one domain name during the Limited registration period, the positively evaluated requests shall be sent to an auction by ДЕТИ or .TATAR Registry Operator. The auction for .ДЕТИ domain names is organized by the authorized company, Pool.com, Inc.
3.5. The auction procedure for the right of second-level domain administration is established by the Registry Operator of the appropriate TLD in the auction regulations.
3.6. If a domain name is awarded under the procedure specified in clause 3.4. hereinabove, .ДЕТИ Registry Operator may refuse Limited registration of .ДЕТИ domain name based on the grounds envisaged by Pool.com, Inc.
4. Limited Registration Procedure for Specific Categories of Users
4.1. The procedure of domain names Limited registration for exclusive owners of trademarks/service marks
4.1.1. Limited registration of a domain name may be carried out only for the owner of the exclusive rights for the trademarks/service marks (or one of the owners of exclusive rights of the collective trademark /service mark). Limited registration of a domain name may not be carried out by a request of the owner of exclusive rights for trademarks /service marks for any third person, who is not an owner of the exclusive rights to the trademarks /service marks (or one of the owners of exclusive rights of the collective trademark /service mark).
4.1.2. A person, to which under licensed agreement, has the right to use trademark is not an owner of the exclusive rights to trademarks /service marks (no right for Limited registration is provided to licensees).
4.1.3. The right for Limited registration of domain names under this Schedule is provided only to the owners of exclusive rights for the trademarks /service marks which meet all the below conditions:
a) Trademark (service mark) shall be effective and protected under the RF Legislation procedure.
b) Protection under RF Legislation procedure shall be provided to a trademark (service) solely on the following grounds:
- registration carried out by national (as per RF Civil Code and/or Paris Convention for the Protection of Industrial Property dated 20 March 1883) or international (as per Madrid Agreement Concerning the International Registration of Marks dated 14 April 1891 and/or Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks dated 28 June 1989) procedure; and/or
- enacted decision about trademark well-known status in Russian Federation (articles 1508 and 1509 of the RF Civil Code).
The right of Limited registration of domain names is not provided for such trademarks for which temporary protection on official or officially recognized international exhibitions organized on the RF territory is granted (as per article 11 of the Paris Convention for the Protection of Industrial Property dated 20 March 1883).
c) a trademark registered under national or international procedure, but not common-known in RF shall have registration date not later than 20 November 2013 (inclusive) or priority date before 20 November 2013, and registration period of such trademark:
- shall expire not earlier than 01 November 2014 for .ДЕТИ domains.
- shall have registration date not later than 24 April 2014 (inclusive) or priority date before 24 April 2014, and registration term of such trademark shall expire not earlier than 01 January 2015.
The specified restrictions are not applied for the trademarks that are popular in RF.
d) a trademark should only be used only in relation to such goods, products, work and/or services that are consistent:
- for .ДЕТИ domains: with the Mission and the values of the .ДЕТИ gTLD (Article 2 of the Terms and Conditions), for example: The Contractor or the Registry Operator may refuse to provide .ДЕТИ Limited registration, if a TM is registered or used only under the NCL 33 and/or 34 class or a TM is registered or used only in relation to alcoholic beverages (NCL class 32, if soft drinks are excluded from the list of goods and/or services).
- for .TATAR domains: The visions and values of .TATAR TLD are committed to promote the identity of the Tatar community and/or preserve cultural and historical heritage of Tatars.
e) A trademark should include a letter symbol. In this case a trademark verbal appellation should include at least one protected element.
4.1.4. For a domain name Limited registration, the Customer shall be obliged to:
a) submit a request for limited domain name registration to the Contractor. The request form is available on the Contractor's web-server;
b) submit at Contractor's request copies of the following documents certified with the Client's seal:
4.1.5. The requests for Limited registration of domain names from the exclusive owners are accepted:
- for .ДЕТИ domains: from 31 July 2014 to 14 August 2014 before 11:30 a.m. MSK.
- for .TATAR domains: from 01 December 2014 to 22 December 2014 till 11:30 a.m. MSK.
4.2. The procedure of domains Limited registration for mass media owners.
4.2.1. Limited registration of a domain name may be carried out only in the name of mass media owner (or one of mass media owners. Limited registration of a domain name may not be carried out upon a request of a mass media owner for any third person, which is not a mass media owner (one of mass media owners).
4.2.2. The right to .ДЕТИ Limited registration shall be granted exclusively to mass media owners who meet all of the following requirements:
а) the subject and/or specialization of mass media shall fully meet the Mission and values - only for .ДЕТИ domains;
b) the subject and/or specialization of mass media shall fully meet the vision and values of .TATAR domain - only for .TATAR domains;
c) mass media shall have a valid status;
d) mass media shall also be distributed in Tatarstan republic (in mass media state registration Certificate Tatarstan republic shall be specified in field "distribution territory");
- for .ДЕТИ domain - before 20 November 2013,
- for .TATAR domain - before 24 April 2014,
or have license issued before 20 November 2013 to distribute products of foreign periodicals in the Russian Federation.
4.2.3. For a domain name priority registration, the Customer shall be obliged to:
a) submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server; and
b) submit to the Contractor information, materials, data, details and/or documents proving consistency of the Client and its mass media with the requirements set forth in clauses 4.2.1. and 4.2.2. hereinabove they are referred to (but not limited to):
4.2.4. The requests for Limited registration of .ДЕТИ domain names for mass media are accepted from 19 July 2014 to 10 September 2014 before 11:30 a.m. MSK.
The requests for limited registration of .TATAR domain names for mass media are accepted from 12:30 MSK 01 December 2014 to 11:30 a.m. MSK 22 December 2014.
4.2.5. Foreign mass media owners even though having license for distribution of foreign periodicals in the Russian Federation are not eligible for limited registration of .TATAR domain names.
4.3. The procedure of domains Limited registration for Internet projects (only for .ДЕТИ domains).
4.3.1. Limited registration of a domain name may be carried out only for the owner of the Internet project. Limited registration of a domain name may not be carried out upon a request of the owner of the Internet project for any third person, which is not the owner of the Internet project.
4.3.2. The right of Limited registration of domain names under this Policy shall be granted exclusively to the owners of such Internet projects who meet all of the following conditions:
а) the subject and/or specialization of Internet project shall fully meet the Mission and values of .ДЕТИ domain;
b) Internet project shall have a valid status (operating, functioning) and available on the Net (access to Internet project and the information contained therein shall not be limited);
c) date of domain name registration (line “created” of whois service) used as address to the Internet project shall be not later than 20 November 2013, and the registration period of such domain name by the moment of application process for a Limited registration by the Registry System (clause 4.3.4. hereinbelow) shall not expire before 01 October 2014 (line “paid-till” of whois service);
d) textual information of the Internet project shall have no major grammar and punctuation errors;
e) the ad materials on the Internet project shall be not more than 40% of the whole Internet project.
4.3.3. For a domain name priority registration, the Customer shall be obliged to:
a) submit its request for Limited domain name registration to the Contractor. The request form is available on the Contractor's web server; and
b) submit to the Contractor the original of the certificate (or information letter) from the registrar sponsoring the data about domain name to be used for addressing to Internet project to the effect that the Client is the person in the name of which such domain name is registered (registrant); and
c) submit other information which the Contractor needs to know, as well as materials, data, details and/or information about its Internet project.
4.3.4. The requests for Limited registration of domain names for Internet projects are accepted from 19 August 2014 to 10 September 2014 before 11:30 a.m. MSK.
4.4. The procedure and terms of domain names limited registration for non-profit organizations (only for .TATAR domain).
4.4.1. The right to limited registration of .TATAR domain names is granted only to non-profit organizations, which business is solely oriented at the vision and values of .TATAR TLD, committed to promote the identity of the Tatar community and/or preserve cultural and historical heritage of Tatars.
4.4.2. To order limited registration the Customer which is a non-profit organization shall:
4.4.3. The requests for limited registration of .TATAR domain names for non-profit organizations are accepted from 12:30 MSK 01 December 2014 to 11:30 MSK 22 December 2014.
4.5. The Contractor determines the form, the deadline, the manner and the method of submitting information, materials, data, details and/or documents, as well as deadlines of acceptance and processing such applications. The Contractor shall be entitled at any moment to request additional documents, materials and data.
The application for .TATAR domain names limited registration shall contain the description of goal of domain registration (not more than 150 printed characters, including spaces), which meets the visions and values of .TATAR TLD.
4.6. For the validity period of this Schedule, the registrant shall not be entitled to:
4.7. Domain name registered as part of Limited registration service of second-level domain names for specific user categories under New gTLD Program upon expiration of domain name registration period shall be renewed under procedure specified by Schedule 1/30-2 to the Multiple Services Contract.
4.8. If, upon fulfillment of all the terms specified in clauses 4.1.-4.4. hereinabove, the corresponding Registry contains information that at the time when the order for .ДЕТИ and .TATAR 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 (forth eight) hours, provide a prior acknowledgment that he/she agrees to submit an Order for registration of such domain name during the Limited registration period.
4.9. 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 domain name is a subject of legal proceedings, provided that the Contractor has the appropriate evidence confirming that the domain name is the issue in the litigation;
b) domain name registration is in contradiction of the Terms and Conditions for Domain Names Registration established by the .ДЕТИ, .TATAR Registry Operator;
c) domain name is already registered;
d) domains registration in gTLD for the Limited registration for specific user categories has not yet launched, suspended or terminated;
e) the domain name is not included in the list of reserved domain names;
f) the previously provided information is not confirmed and/or additional information is not provided within the term specified by the Contractor in the respective request:
g) The Customer or Client fails to meet the Terms and Сonditions;
h) 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 cancelled domain registration;
i) Customer's or Client's failure to comply with the Policy and Terms and Conditions of .ДЕТИ Registry Operator;
j) in other cases likely to cause third parties' rights violation as deemed by the Contractor.
k) in other cases likely to hinder domain name registration based on a Customer's request.
4.10. Following the Terms and Conditions of .TATAR Registry Operator's limited registration, not more than 5 (five) domain names may be registered for mass media outlets and non-profit organizations.
5. Service Fees and Payment Procedure
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 Multiple Services Contract).
5.2. Paid-up orders for Limited registration of .ДЕТИ second-level domain names shall be submitted to the Registry Operator throughout every Limited registration stage specified in clauses 4.1.5., 4.2.4., 4.3.4., 4.4.3. hereinabove.
The cost of deposit and fee of .TATAR domain name shall be paid in case of domain name submission to the auction by the Registry Operator as per clause 3.5. hereinabove and the documents describing the terms and procedure of auctions, which current version is published on .TATAR Registry Operator's and TLD Administrator's official website at: http://domain.tatar/.
5.3. The cost of deposit and a domain name fee in .ДЕТИ TLD should be paid in case of domain name submission by the Registry Operator to a private auction as per clause 3.5. hereinabove and the documents descrbing the auction policy, which current version is available on the official website of the domain administrator at: http://dotdeti.ru/docs/
5.4. The Contractor provides a Customer with the Limited registration service for specific user categories after preliminary allocation of funds on the Personal account of the Customer's Contract. The money that is allocated for a service cannot be used to pay for other services.
5.5. When the Order for the second-level domain name is received for the stages of Limited registration periods of a domain name established by .ДЕТИ, and .TATAR Registry Operators, the Orders for Limited registration services for .ДЕТИ and .TATAR gTLDs for mass media and Internet projects for the same domain name will be canceled, the funds allocated 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, provided it reveals any violations of the data provided by the Customer as per clauses 4.1 hereinabove. - 4.3 hereinabove.
7. Schedule Alteration Procedure. Effective Term
7.1. 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.
7.2. 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 Multiple Services Contract) shall be applicable to the registrant of the registered domain name.