THE .UA DOMAIN POLICY

CONTENTS

  1. GENERAL PRINCIPLES AND PROVISIONS
  2. DOMAIN NAME DELEGATION POLICY
  3. ADMINISTRATION FEATURES OF THE PUBLIC .UA DOMAIN
  4. BECOME INOPERATIVE
  5. BECOME INOPERATIVE
  6. BECOME INOPERATIVE

1. GENERAL PRINCIPLES AND PROVISIONS

1.1. The .UA top-level domain is a constituent part of the global domain name system, which is administered by the "Internet Corporation For Assigned Names And Numbers" (ICANN).

1.2. The present " .UA Domain Policy" (hereinafter referred to as the Policy) has been worked out by the .UA Domain Administrator subject to the effective ICANN rules (RFC#1591, ICP-1), with due regard for recommendations of ICANN, CENTR, US DoC, WIPO as well as for the international experience, and are the conditions of provision by the .UA Domain Administrator of the .UA Domain administration and technical support services to third persons.

1.3. The present Policy determines the system of interrelations and procedures regarding the delegation and administration of domain names in the .UA Domain, is an integral part of the agreements concluded by the .UA Domain Administrator in this respect and specificates the rights and obligations of the parties to such agreements.

1.4. Within the framework of the present Policy the meaning of the term "person" shall include both natural persons and legal entities.

1.5. Within the framework of the present Policy the term "delegation" shall be used according to definitions of the effective Internet standard STD0013 (RFC#1034) and ICP-1.

1.6. Within the framework of the present Policy the term "Mark" shall imply a verbal mark for goods and services, with regard to which Trademark or Service Mark Certificate of Ukraine is issued by the central executive authority dealing with issues of legal protection of intellectual property, or the one that has obtained legal protection on the territory of Ukraine pursuant to the Madrid Agreement on International Registration of Marks or, in case such a registered trademark or service mark consists of text and other designations √ its verbal part, which in itself is an object of legal protection.

1.7. The terms and conditions of domain name delegation shall be determined on a contractual basis.

1.8. Within the framework of the present Policy domains are divided into two categories by their purpose:

1.8.1. Public domains, i.e. domains that are administered in the interests of a certain community;

1.8.2. Private domains, i.e. domains that are administered by a certain person in this person's own interests.

1.9. A domain's category is determined at the moment of delegation of its domain name.

1.10. The .UA domain is a public domain.

1.11. Since a domain is an administratively defined subset of hierarchical domain namespace, the policy of a lower level domain may only concretize and/or supplement certain provisions of the policy of a higher level public domain, but must not contradict it. The policies of domains delegated in the .UA Domain shall be determined by their administrators at the moment of delegation, by consent of the higher level domain administrator, and must not contradict the present Policy.

2. DOMAIN NAME DELEGATION POLICY

2.1. Domain names in a public domain may be delegated as public or private ones according to the policy of the previous level public domain and subject to its administrator's decision.

2.2. Delegation of public domain names in a private domain shall not be possible.

2.3. The www domain name in a public domain shall be reserved for the administrator of this public domain; it must point to the website where the policy of this public domain and the list of registrars registering domain names in this domain are published.

2.4. Requests for delegation of any names in a public domain shall be processed by the administrator on a "first-come-first-served" basis, except as otherwise provided for by the policy of a specific public domain.

2.5. A public domain policy may establish "a simultaneity period", i.e. the time interval from the moment of receipt of the first request for a domain name, during which all subsequent requests for this domain name are regarded as received simultaneously with the first one.

2.6. Public domains may be delegated in the .UA Domain.

2.6.1. The domain name of a public domain should be chosen in such a way that its second-level component (before the "." character but not including it) has a distinguishing ability and is presented by symbols from among letters of the Latin alphabet, numerals and the "-" character. The second-level component of a public domain's domain name must be:

2.6.1.1. a generally accepted designation of a certain kind of goods, services or phenomena or a certain kind of human activity, or

2.6.1.2. a generally accepted term or designation of another kind from among those that may not obtain legal protection pursuant to Art. 6 Cl. 2 of the Law of Ukraine "On Protection of Rights to Trademarks and Service Marks", or

2.6.1.3. represent a Latin transliteration of the term or designation specified in Cl. 2.6.1.1., 2.6.1.2. of the present Policy written down in Ukrainian or Russian.

2.6.2. Delegation of a new public domain in the .UA Domain or making changes to the policy of an existing public domain shall have the following procedure:

2.6.2.1. Persons interested in delegation of a new public domain or in making changes to the policy of an existing public domain shall submit corresponding proposals to the .UA Domain Administrator. The initiative of a new public domain creation lies in the proposal of defining the target community of such a domain, of basic peculiarities of its administration and in the proposal regarding the person of a new public domain's administrator.

2.6.2.2. The UA Domain Administrator at the Administrator's own discretion shall take a decision on delegation of a new public domain in the .UA Domain or on making changes to the policy of an existing public domain or on refusal to delegate a new public domain in the .UA Domain or make changes to the policy of an existing public domain.

2.6.2.3. In case a positive decision on the above-mentioned issues is taken by the .UA Domain Administrator, the .UA Domain Administrator and the administrator of a public domain (a new or existing one respectively) shall conclude (or re-conclude) an agreement between them. The present Policy and the policy of the corresponding public domain shall become integral addenda to the said agreement. The moment when the said agreement is concluded shall be the moment when a new public domain policy (changes to an existing public domain policy) come into force.

2.7. Participants of the procedure of delegation of a domain name in a public domain are:

2.7.1. The Registrant - a person wishing to use and dispose of a certain domain name in a public domain;

2.7.2. The Registrar - a subject of business that renders the registrant the services necessary for technical support of delegation and operation of a domain name.

2.7.3. The Administrator - an administrator of the public domain, in which delegation takes place. The person acting as a public domain administrator must be a subject of business.

2.8. BECOME INOPERATIVE

2.9. BECOME INOPERATIVE

2.10. BECOME INOPERATIVE

2.11. The receipt of a request for delegation of a domain name in a public domain means that the registrant independently and at his/her own free will and discretion identifies himself/herself as a member of the community, in the interests of which this public domain is administered. The public domain administrator shall not be entitled to make his/her own judgment whether the registrant's convictions are trustworthy, except for cases when the public domain policy necessitates documentary confirmation of the registrant's membership in a certain community.

2.12. The public domain administrator shall take a decision on refusal of domain name delegation in the following cases:

2.12.1. The request's syntax or contents do not comply with the requirements set.

2.12.2. The domain name has already been delegated to another registrant.

2.12.3. Under the effective Internet standards the domain name is syntactically incorrect.

2.12.4. The request has been received from the person other than the registrar.

2.12.5. The registrar is not able to provide documentary evidence of certain facts concerning the registrant in cases when the public domain policy sets forth such a requirement.

2.13. The public domain administrator shall take a decision on suspending the request's processing in the following cases:

2.13.1. BECOME INOPERATIVE

2.13.2. a request for delegation of an identical domain name, which has been received earlier, is being checked for its compliance with the public domain policy - till completion of the mentioned check.

2.13.3. a request for making changes to a record about domain name is received from the registrar, which does not service the mentioned domain name (for example, due to the registrant's wish to conclude a contract on servicing of the mentioned domain name with such a registrar) - till the public domain administrator receives confirmation of the consent of the previous registrar, which serviced the mentioned domain name, to making the indicated changes to the record about this domain name, but for the period not exceeding 5 (five) calendar days. If within 5 (five) calendar days for which the request's processing is suspended the previous registrar, which serviced the domain name, gives no answer to the public domain administrator's inquiry either by way of consent to making changes to the record about this domain name or by way of objection to such actions, the public domain administrator shall take a decision on making changes to the record about domain name.

2.14. The public domain administrator shall take a decision on revocation of private domain name delegation in a public domain and cancellation of the mentioned domain name exclusively in the following cases:

2.14.1. at own request of the registrant expressed in writing and sent to the registrar;

2.14.2. in case of cancellation of the corresponding contract between the registrant and the registrar or in case of expiration of the term of validity of such a contract, if this contract provides for revocation of delegation;

2.14.3. in case of termination of the period of delegation;

2.14.4. BECOME INOPERATIVE

2.15. In case of reiterated and repeated technical errors that make the use of a domain name impossible and/or impede the normal operation of the domain name system on the whole, the administrator shall replace all the IN-class records for the corresponding domain with the IN TXT records, in which the reason for such a substitution is explained. At the same time records in the registration database shall stay unchanged and the registrar and the registrant shall be notified of the changes made and the factors to which such changes are due. The IN-class records shall be restored within a three-day time after correction of technical errors and notification of the administrator thereof.

2.16. In cases envisaged by Cl. 2.14.2, Cl. 2.14.3, Cl. 2.15 of the present Policy, the public domain administrator shall take a decision on revocation of private domain name delegation in a public domain and cancellation of the mentioned domain name after suspension of delegation for a period not less than 15 (fifteen) calendar days, during which the registrar and the registrant are given the possibility to renew the contract, extend the term of delegation, correct technical errors etc.

2.17. Delegation of a public domain in use may not be revoked.

2.18. The higher-level public domain administrator shall take a decision on re-delegation of a public domain to another administrator only in the following cases:

2.18.1. at own request of the public domain administrator expressed in writing;

2.18.2. in case of cancellation of the corresponding agreement between the public domain administrator and the .UA Domain Administrator;

2.18.3. in case of reiterated and repeated technical errors that make the use of the domain name impossible and/ or impede the normal operation of the public domain or the domain name system on the whole;

2.18.4. BECOME INOPERATIVE

2.19. The public domain administrator shall re-delegate a private domain name to another registrant only in the following cases:

2.19.1. at the registrant's own request expressed in writing and sent to the current registrar;

2.19.2. BECOME INOPERATIVE

3. ADMINISTRATION FEATURES OF THE PUBLIC .UA DOMAIN

3.1. Second-level public domains in the .UA Domain shall be delegated pursuant to Cl. 2.6 of the present Policy.

3.2. Second-level private domain names in the .UA Domain shall be delegated exclusively in case if the spelling of the corresponding domain name in full or in its second-level component (before the "." character but not including it) coincides with the Mark, with regard to which the corresponding registrant has the rights of its use on the territory of Ukraine.

3.3. If the Mark mentioned in Cl. 3.2. contains a verbal part that is not an object of legal protection, in such a case a second-level private domain name, the spelling of which coincides with the part of the Mark that is an object of legal protection, may be delegated to the owner of rights to this Mark's use on the territory of Ukraine.

3.4. Within the framework of the present Policy the spelling of the Mark shall be its presentation by symbols from among: letters of the Latin alphabet, Arabic numerals and the "-". character. If the Mark contains symbols of other alphabets except for the Latin one, numerals of other calculus systems and/or other symbols, the spelling of the Mark shall be its transliteration in Latin characters done in compliance with transliteration rules of the alphabet, by means of which the Mark is written.

3.5. Within the framework of the present Policy the Latin transliteration of the Mark, which contains symbols of the Cyrillic alphabet, may, at the registrant's own discretion, be done according to:

3.5.1. the transliteration table "UL" ("Ukrainian Latin characters") recommended for the Ukrainian language and approved by the State Standards Committee ("Derzhstandart") of Ukraine on October 18, 1995 and published at the address: http://www.ua/docs/UL.html,

3.5.2. or according to the effective interstate transliteration standard GOST 16876-71 (Art. SEV 1362-78),

3.5.3. or according to "The Normative Table for Reproduction of Ukrainian Proper Names by Means of the English Language" approved by Decision N8 of the Ukrainian Committee on Issues of Legal Terminology, Protocol N2 of April 19, 1996,

3.5.4. or according to Additional Table published at the address: http://www.ua/docs/addtable.html.

3.5.5. or in accordance with the table of Romanization of the Ukrainian alphabet approved by Resoluti on No.55 of the Ukrainian Cabinet of Ministers dated January 27, 2010.

3.6. Reproduction in a domain name of special symbols, which are a part of the Mark but may not be included into a domain name pursuant to effective technical standards, is recommended in one of the two ways at the registrant's own discretion:

3.6.1. by way of substitution of special symbols for their symbolic names in English (for example, "&" - "and", "/" - "slash", "." - "dot", "@" - "at" etc.), which at the registrant's request may also be marked out with the "-"characters on both sides (for example, "&" - ""and-"). Symbols " " (space) and "_" (underlining) may be substituted for the "-"symbol;

3.6.2. by way of deletion of special symbols from the Mark's representation in the form of a domain name, without substituting them.

3.7. Reproduction in a domain name of Roman numerals that are a part of the Mark may, at the registrant's own request expressed in writing and send to the administrator of the corresponding public domain through the corresponding registrar, be done by way of their numerically equivalent presentation with Arabic numerals.

3.8. Second-level private domain name shall be delegated exclusively on condition that the registrant submits the following documents to the current registrar:

3.8.1. for a domain name, the spelling of which completely or in its second-level component (before the "." character but not including it) coincides with the Mark that is protected on the territory of Ukraine pursuant to the Madrid Agreement Concerning the International Registration of Marks - an abstract from the Official bulletin of the International Bureau of the World Intellectual Property Organization confirming the fact of the Mark's international registration and the fact of its legal protection on the territory of Ukraine, which must be certified by the central executive authority dealing with issues of legal protection of intellectual property;

3.8.2. for a domain name, the spelling of which completely or in its second-level component (before the "." character but not including it) coincides with the Mark, with regard to which the Trademark or Service Mark Certificate of Ukraine is issued by the central executive authority dealing with issues of legal protection of intellectual property - a duly certified copy of the said Certificate;

3.8.3. in case the registrant of a second-level private domain name is not a direct owner of rights of the Mark's use on the territory of Ukraine - a duly certified copy of the agreement on transfer by the Mark's owner to the domain name's registrant of the rights of this Mark's use on the territory of Ukraine or of the license agreement;

3.9. The period of time for verification of the request for second-level domain name delegation in the .UA Domain shall be 14 (fourteen) calendar days.

3.10. The period of second-level private domain name delegation in the .UA Domain must not exceed two years.