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POLITICA ICANN

ICANN POLICY

Background



Introduction


Preamble


Important terms related to the agreementRAA

  • The name of the registered name that you are registering(3. 2.1.1)
  • The address IP of the server primary names and secondary name servers for the registered name(3.2.1.2)
  • The corresponding names of these name servers(3.2.1.3)
  • The identity of the registrar, if it is not automatically generated by the system registration(3.2.1.4)
  • The registration expiration date, if it is not automatically generated by the registration system(3.2.1.5)
  • Any other information requested by the registry operator(3.2.1.6)
  • The registered name(3.3.1.1)
  • The name of the primary name server and secondary name servers for the registered name(3.3.1.2)
  • The identity of the registrar, which may be available on its website(3.3.1.3)
  • The original creation date of the registration(3.3.1.4)
  • The registration expiration date(3.3.1.5)
  • The name and postal address of the owner of the registered name(3.3.1.6)
  • The name, postal address, e-mail address, telephone number and (if available) the fax number of the technical contact for the registered name(3.3.1.7)
  • The name, postal address, e-mail address, telephone number and (if available) the fax number of the administrative contact for the registered name(3.3.1.8)

  • The owner of registered names must provide reliable and accurate contact information and must "correct and update them in a timely manner" during the duration of the recording. The required details, as indicated in section 3.7.7.1, are as follows: '' il full name, postal address, e-mail address, telephone number and fax number (if available) of the owner of domain names; the name of the contact person authorized, if the owner of registered names is an organization, an association or a company; and the data listed in subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8. ''
  • Intentional sending of inaccurate or unreliable information from the owner of registered names, failure to promptly communicate updates to information or failure to respond to registrar requests regarding the accuracy of the details of contact within fifteen (15) days are violations of the agreement that could lead to cancellation of registration.
  • All users included as registered names owners must provide information of complete contact that will be recorded in the database. Sometimes a name owner register a domain name and then allow another person to use this name (for example, a website developer who registers a domain name for a customer). In this case, if the person who actually uses the name does not have signed the agreement between registrar and registrant (referred to as '' third party '' in the agreementRAA), the owner of names Registered could be held responsible for incorrect use of the domain name from third parties. This happens if the owner of registered names is provided with 'evidence irrefutable of legally punishable damages '' deriving from the use of the domain name from third party. In such situations, the owner of registered names must 'accept the liability for damages resulting from incorrect use of the registered name '', a unless it is able to identify the user's identity and the related ones contact info.
  • The registrar must communicate how he intends to use the data provided by the owner of the names register and who will receive this data. The registrar must also communicate how i registered names owners can access and update data. Furthermore, the registrar must identify the data points that the owner of registered names must provide and the information that can be provided voluntarily. The owner of names Registered must grant consent for all these terms for processing the data.
  • If an owner of registered names provides the registrar with personal data on behalf of persons that have not signed the agreement between registrars and owners of registered names (the third part '' indicated above), the owner must confirm that (1) provided to the third party part of the same data processing information provided by the registrar and which (2) received the same consents from the third part regarding the terms of data processing of the registrar.
  • A registrar can process the data of the owner of registered names only according to how much indicated in the data processing information described above.
  • Un registrar deve confermare che prenderà tutte le dovute precauzioni per proteggere i dati del proprietario di nomi registrati da ''perdita, utilizzo inappropriato, divulgazione o accesso non autorizzato, alterazione o distruzione.''
  • Owners of registered names must declare that: '' based on their knowledge, neither the registration of the name or the way in which it is used, directly or indirectly infringe the legal rights of third parties. '' This means that the owner of registered names must declare to the registrar that the domain name does not come registered for uses that would violate the legal rights of others. An example of a '' violation '' it could be the registration of a domain name that violates a trademark or the copyright of someone who is not the owner of registered names. 3
  • In the event of a dispute concerning the use of the registered name, the owner of names registered must be subject to the jurisdiction of the courts of at least one of the two places following: the place where the registrar is located (often referred to on the website or in the agreement between registrars and owners of registered names) or the 'domicile of the owner of names sign in''. '' Domicile '' is a term with specific legal meaning, but in general corresponds to the place indicated by the owner of names registered in the personal data provided to registrar. To be under jurisdiction means that the owner of registered names accepts that the courts of these places have the power to make decisions on these types of cases.4
  • The owner of registered names must accept that registration is subject to '' suspension, cancellation or transfer '' for the reasons set out in section 3.7.7.11. These reasons include: if required by a specification or policy adopted byICANNor if required from a registrar or 'register' procedure to correct errors committed by the registrar from the register operator in the registration of the name or for the resolution of disputes relating to the registered name ''. For example, theUDRPit is a policy adopted byICANNwhere specifies that an administrative court in which a dispute over a name is discussed domain could order suspension, transfer, or deletion of a name domain and owner of registered names must accept this possibility.
  • The owner of registered names must "compensate and relieve all responsibility the registrar operator and their respective directors, officers, employees and agents for any claims, damages, liabilities, costs and expenses (including legal fees) arising from / relating to the registration of the domain name of the owner of registered names. '' In the simplest form, this means that if the registrar operator (or his employees and so on) for the registered name is sued because of the registration of the domain name of the owner of registered names, the latter will have to compensate the registry operator for all expenses incurred for the defense and for any judgment or recognized responsibility. This '' compensation '' is not limited only to cases resolved in court.
Other policies / specifications
  • Trial of scam
  • ActionUDRP
  • Order of the court by a court of competent jurisdiction
  • Reasonable dispute over the identity of the owner of registered names or the administrative contact
  • Non-payment for the previous registration period (including card charge-back of credit) if the expiry date of the domain name has been exceeded or for the previous or current registration period, in case the domain name was not yet expired. In all these cases, however, the domain name must be put in the state '' Registrar Hold '' (suspended by the registrar) from the authorized registrar before denying the transfer
  • Objection in writing to the transfer by the contact for the transfer (for example, e-mail, fax, paper document or other processes through which the contact for the transfer has expressly and voluntarily indicated its objection by opt-in)
  • A domain name already in the '' block '' state, provided that the registrar provides the owner of registered names with an easily accessible and reasonable means of removing the lock status...
  • The transfer was requested within 60 days from the date of creation, as indicated by the Whois data in the registry for the domain name
  • Less than 60 days (or a shorter period to be determined) have passed since the transfer of a domain name (with the exception of transfer to the original registrar if both registrars agree and / or if a transfer is requested after a dispute resolution process)

1 On the site http://www.icann.org/en/registrars/gtld-lifecycle.htm a graphical representation of the life cycle of a typical registered name is available gTLD. This diagram is useful for getting more information about the post-expiry status of domain names.

2 For domain name states, formal technical names are used, resulting from the draft community-based comment request on the Internet. The necessary states are defined by the registrar. If a registration is in one of these states, it is not possible to delete the domain or modify the registration. To be able to make changes, the registrar must change the status....

3There are many other ways to '' infringe upon the legal rights '' of others and potential owners of domain names are invited to contact an independent source of advice if they are concerned that a registration or use of a domain name may violate rights of someone else.

4 There may also be other jurisdictions that can resolve a dispute over the use of a registered name, but these are not specified in the agreement...RAA.

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