Termini E Condizioni Dk
   

RULES FOR REGISTERING, ADMINISTERING AND SOLVING CONFLICTS IN CONNECTION WITH DOMAIN NAMES UNDER THE TOP LEVEL DOMAIN .DK

Version no. 05 of 30 November 2001

General provisions

  1. Purpose:The purpose of this code of practice is to create unambiguous criteria for registering, administering and solving conflicts in connection with second-order main names under the .dk domain in order to ensure that the domain name service for the .dk top domain can function as efficiently and transparently as possible.
  2. Overview: The document comprises:
    • Part 1: General provisions
    • Part 2: Rules regarding the registration of domain names for implementation
    • Part 3: The activities of the Registrar and the Zone Contact
    • Part 4: Special rules regarding certain domain names
    • Part 5: Settling disputes regarding domain names
  3. Basis:This document is issued by Dansk Internet Forum which has been given the responsibility for registering and implementing Internet domain names under the .dk domain and can at all times be amended by Dansk Internet Forum. The latest version current at all times will be published on Dansk Internet Forum's website, www.difo.dk. Changes, which will be made at no less than one month's notice, will be reported on the websites of Dansk Internet Forum and DK Hostmaster at (www.difo.dk and www.dk-hostmaster.dk).
  4. Definitions:
    • Dansk Internet Forum, referred to hereinafter as DIFO: The legal person who, in accordance with the delegation on the part of ICANN/IANA, has the responsibility for registering and implementing Internet domain names under the .dk domain.
    • DK Hostmaster: The limited liability company DK Hostmaster A/S which is 100% owned by DIFO and which, in accordance with the delegation on the part of DIFO, registers and delegates second-order domain names under the .dk domain.
    • Domain check: The check carried out on the Registered User's domain and servers that the DK Hostmaster is entitled to perform in accordance with item 2.8.
    • DNS test: The investigation of the Registrar's or the Zone Contact's main domain which is carried out by the DK Hostmaster who reviews one or more zones for the purpose of validation, cf. item 3.1 of these rules.
    • Domain name: A designation comprising letters and characters contained in the character set for Danish domain names. The maximum number of characters in a domain name is indicated together with the character set for Danish domain names.
    • The character set, which is at all times accessible to the public via the websites of Dansk Internet Forum and the DK Hostmaster (www.difo.dk and www.dk-hostmaster.dk) can be expanded by the DK Hostmaster at no less than one month's notice by the DK Hostmaster. Before the change comes into effect assurance must be gained that the new character set is supported by durable technical solutions. To the extent that justifiable doubt can be raised to the contrary the public must be given the opportunity to comment on such suggested changes.
    • Domain registration: The written application by which a Registered User, who wishes to apply for a domain name via a Registrar, supplies the Registrar with the necessary information which the Registrar retains for the use of the DK Hostmaster. An electronic application form for the Registrar's use can be found on the DK Hostmaster's website.
    • Host application: The application forwarded by the Zone Contact for the approval of a name server for domains under the .dk domain, cf. item 3.1 in this code of practice.
    • IANA/ICANN: International organisation established on the basis of private law which, in pursuance of the provisions in the documents RFC 1591 and IPCI, seeks to co-ordinate certain international Internet activities with particular reference to top level domain names.
    • Complaints Board for Domain Names: The body that in accordance with part 5 of this code of practice has the competence to hear disputes regarding domain names under the .dk domain.
    • The Registrar: The company or person that has been approved by the DK Hostmaster to register second-order domain names under the .dk domain for himself or herself or others.
    • Registrar application: An application for approval as a Registrar under the .dk domain name.
    • The Registered User: A company or a person that, after registration by the DK Hostmaster via a Registrar, has acquired the right to use a Domain name on the Internet.
    • RFC: Request for Comments. Originally a designation for a draft forwarded for the purpose of obtaining comments. The designation for a series of documents which contain Internet standards and other documents connected with the Internet. RFC 1591, entitled "Domain Name System Structure and Delegation", is of significance for this code of practice.
    • Zone Contact: A person or a company registered by the DK Hostmaster as the person or company responsible for contacts with one or more name servers approved by the DK Hostmaster.
    • Verification address: An e-mail address valid at all times and reported to the DK Hostmaster by the Registered User for the use of the DK Hostmaster in obtaining the Registered User's consent to changes in and renewal of the Registered User's domain name registration.
    • Invoice address: An e-mail address valid at all times and reported to the DK Hostmaster by the Registered User for the use of the DK Hostmaster in forwarding invoices for the renewal of domain registration.
    • Implementation: Implementation is understood to mean that there will continuously be at least two active name servers linked to the domain name.
  5. Solving conflicts: All claims against DIFO and/or the DK Hostmaster which may arise from this code of practice and which are not subject to the conflict solving procedure mentioned in section 5 shall be decided by the Maritime and Commercial Court in Copenhagen, which is hereby adopted as the legal venue. Cases arising as a consequence of this code of practice shall be decided on the basis of Danish law and Danish principles of statutory interpretation.
Registration of domain names for implementation
  1. Terms: The registration of domain names for implementation under the .dk domain is carried out on the "first filed first served principle". Such a registration is not synonymous with any material verification of the legitimacy of the registration. A domain name can solely be registered for implementation if:
    • The information in the registration is correct.
    • The Registered User has provided the assurance mentioned in c. point
    • The application has been forwarded via an approved Registrar.
  2. Waiting list:
    • The DK Hostmaster maintains and administers a waiting list for domain names which have already been registered as implemented.
    • The names of all those who are entitled to register a domain name under .dk can be entered on a waiting list for domain names already registered. Inclusion on the waiting list is conditional on an annual payment of DKK 60, excluding VAT, which must be remitted to the DK Hostmaster on the initial inclusion on the waiting list. Failure to pay will result in the name of the person or company in question being removed from the waiting list in accordance with the reminder procedure valid at all times for the DK Hostmaster.
  3. Procedure regarding domain applications:
    • Place of application: A Registered User who wishes to apply for a domain name must forward an application to this effect to the DK Hostmaster via a Registrar.
    • Duty of disclosure: The Registered User must supply the following information in the Domain Application:
      • The name of the Registered User, the type of company, where applicable, address and telephone number
      • The required domain name
      • The post address to which the invoice for the registration renewal fee should be sent
    • Assurance and acknowledgement: The domain application must also contain the Registered User's physical signature or digital signature (in accordance with the demands that the DK Hostmaster may make on this) as assurance that the Registered User's use of the domain name will not violate a third party's name or trademark rights or can otherwise be assumed to conflict with Danish legislation, and as an acknowledgement that the Registered User will comply with DIFO's rules applicable at all times, including decisions made by the Complaints Board set up by DIFO, cf. part 5 of this code of practice.
    • Filing: The Registrar must either make the domain application electronically accessible to the DK Hostmaster in a file format defined by the DK Hostmaster or in print in a secure filing system. If the information is solely available in print the DK Hostmaster can demand the original document handed over by the Registrar. If the Registrar ceases his activities all domain applications must be handed over to the DK Hostmaster.
    • Procedure: Domain applications must be sent to the DK Hostmaster on an electronic application form defined by the DK Hostmaster. Prior to this the Registrar must have carried out a test to determine whether there is an active name service on at least two name servers approved by the DK Hostmaster. This test will be carried out via the DK Hostmaster's website (under the column "DNS Reference").
    • The DK Hostmaster registers the sequence in which applications arrive with the help of a track number. On receipt of the application the DK Hostmaster forwards the track number to the Registrar as a receipt for the reception of and proof of the series number of the application.
    • Registration: If, after referring to his database, the DK Hostmaster can ascertain that the domain name applied for is not in use and that the terms for registration have otherwise been fulfilled, the domain name will be registered as implemented by the Registered User. As the DK Hostmaster carries out no verification of the domain name, registration is not synonymous with any acquisition of rights or ownership of the name or trademark rights, etc., that may be connected with the domain name.
    • Payment: Before the registered domain name is activated a check will be carried out to ensure that the Registrar has paid the fee due for this or that the fee is covered by the deposit paid by the Registrar, cf. item 3.3.
  4. Procedure regarding inclusion on the waiting list
    • Applications for inclusion on the waiting list for a domain name that has already been registered under the .dk domain name must be made to the DK Hostmaster via the DK Hostmaster's website (www.dk-hostmaster.dk).
    • Those included on a waiting list for a domain name are obliged to inform the DK Hostmaster of any changes in the information included in the application. Failure to provide information regarding changes may lead to annulment of waiting list registration.
    • The DK Hostmaster registers applications in the order they are received and assigns a number to each application which indicates which place the applicant occupies on the waiting list. The DK Hostmaster will inform applicants of this via e-mail to the e-mail address stated in the application.
    • When a domain name for which a waiting list has been established becomes available for registration the applicants will be informed of this via e-mail to the e-mail address included in the application. The applicants on the waiting list then have 14 days in which to indicate whether they are still interested in the domain name in question. The domain name will then be assigned in accordance with the place occupied by the applicant on the waiting list so that the first choice applicant will be assigned the domain name.
    • The assignment of domain names in connection with waiting lists established during a period of 30 days from 2 January 2002 will be made in accordance with the rules in schedules f-m.
    • When a domain name covered by schedule e become available for registration the DK Hostmaster will request the waiting list applicants to deposit DKK 4,000 excluding VAT within ten days from the date on which the request is forwarded as security for payment of the first year's fee, in the case that they are assigned the domain name, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. The payment must be deposited in an escrow account at a bank indicated by the DK Hostmaster. The account is in the name of the DK Hostmaster, but is subject to a proviso so that payments can only be made from it in accordance with this code of practice. If only one applicant deposits payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 4,000 excluding VAT). The fee paid for inclusion on the waiting list will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name. If none of the applicants deposits the fee the DK Hostmaster will arrange for lots to be drawn between the applicants and register the winner of the draw as the Registered User. The fee paid for inclusion on the waiting list for the current year will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name.
    • If more than one applicant deposits DKK 4,000 excluding VAT these must deposit a further DKK 4,000 excluding VAT into an account indicated by the DK Hostmaster within ten days from the date on which the request is forwarded. This deposit serves as security for payment of the first year's fee, in the case that the domain name is assigned, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. If only one applicant deposits the further payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 8,000 excluding VAT). The fee paid for inclusion on the waiting list will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name. If none of the applicants deposits the further fee the DK Hostmaster will arrange for lots to be drawn between the remaining applicants and register the winner of the draw as the Registered User of the domain name. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 4,000 excluding VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the fee for implementing the domain name so that so that it will never be the case that anybody will pay a double fee for the same domain name.
    • If more than one applicant has then deposited DKK 4,000 excluding VAT twice these must deposit a further DKK 4,000 excluding VAT into an account indicated by the DK Hostmaster within ten days from the date on which the request is forwarded. This deposit serves as security for payment of the first year's fee, in the case that the domain name is assigned, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. If only one applicant deposits the further payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 12,000 excluding VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name. If none of the applicants deposits the further fee the DK Hostmaster will arrange for lots to be drawn between the remaining applicants and register the winner of the draw as the Registered User of the domain name. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 8,000 excluding VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name.
    • If more than one applicant has then deposited DKK 4,000 excluding VAT three times the DK Hostmaster will arrange for lots to be drawn between these applicants for the domain name. The DK Hostmaster will then register the domain name in the name of the winner of the draw. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 12,000 excluding VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the fee for implementing the domain name so that it will never be the case that anybody will pay a double fee for the same domain name.
    • In connection with applications for inclusion on the waiting list it is possible for the applicant to state that he or she has a special right (e.g. a right to a name or a trademark or a legal sole right to use a given designation) to the domain name in question. If such information is provided the DK Hostmaster will notify the other waiting applicants of this and of who the person claiming this special right is. Such information must be provided prior to the implementation of the procedure in schedules f-i. If the other applicants or applicant state(s) that they/he or she still wishes to take part in the assignment procedure in spite of the special right claimed, assignment will be carried out in accordance with the rules indicated in schedules f-i. When the DK Hostmaster registers an applicant as the Registered User of a domain name in accordance with this provision the DK Hostmaster will prevent the domain from being implemented for a period of 60 days so that the applicant claiming the special right can pursue this through the Complaints Board for Domain Names, for example, or the courts.
    • If more than one applicant states in the application form that they have a special right to the domain name in question the assignment of the domain name will be carried out in accordance with schedule j, but in such a way that the mutual competition between the possessors of the right shall be decided either through a compromise between the parties – possibly through a portal solution – or, if this proves impossible, by drawing lots.
    • The amount to be deposited, as indicated in schedules f-i, comprises DKK 800, DKK 2,000 and DKK 4,000 respectively, all excluding VAT, when the applicant applies for a domain name corresponding to the applicant's personal name.
    • Money deposited in accordance with the procedure in schedules f-i and l will be returned to the depositors at the same time as the domain name is registered as having been implemented by the Registered User, with the exception of the amount deposited by the Registered User himself/herself. However, this shall not apply if a complaint is lodged with the Complaints Board for Domain Names against a depositor during the 60-day period mentioned in schedule j. In such a case the amount deposited will be withheld until the Complaints Board for Domain Names has made a decision regarding whether to award costs in pursuance of the last section of item 5.4.
  5. Procedure in connection with an extension of the Danish character set
    • The rules below shall be applicable in connection with an extension of the character set for Danish domain names, cf. item 1.4. e, second section. The code of practice applies to applications regarding the registration of domain names containing one or more of the characters with which the character set for domain names may be extended and which are reported to the DK Hostmaster within a period of 30 days from the date of the coming into effect of the DK Hostmaster's decision to extend the character set.
    • Requests for registration of such a domain name must be forwarded to the DK Hostmaster via an approved Registrar on an application form prepared by the DK Hostmaster.
    • Applicants for domain names in accordance with this provision shall be obliged to inform the DK Hostmaster of any changes in the information included in the application. Failure to provide information regarding changes may lead to annulment of the application.
    • If, after the expiry of the 30 day period mentioned above under schedule a, there is only one applicant for the domain name, the DK Hostmaster will register this applicant as the Registered User of the domain name.
    • If, after the expiry of the 30 day period mentioned above under schedule a, there is more than one applicant for the domain name and if none of these applicants has stated in the application that he or she has a special right to the domain name in question, the assignment of the domain name will be carried out in accordance with the rules in schedules f-i.
    • The DK Hostmaster will request the applicants to deposit DKK 4,000 excluding VAT within ten days from the date on which the request is forwarded as security for payment of the first year's fee, in the case that they are assigned the domain name, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. The payment must be deposited in an escrow account at a bank indicated by the DK Hostmaster. The account is in the name of the DK Hostmaster, but is subject to a proviso so that payments can only be made from it in accordance with this code of practice.
    • If only one applicant deposits payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 4,000 excluding VAT). If none of the applicants deposits the fee the DK Hostmaster will arrange for lots to be drawn between the applicants and register the winner of the draw as the Registered User.
    • If more than one applicant deposits DKK 4,000 excluding VAT these must deposit a further DKK 4,000 excluding VAT into an account indicated by the DK Hostmaster within ten days from the date on which the request is forwarded. This deposit serves as security for payment of the first year's fee, in the case that the domain name is assigned, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. If only one applicant deposits the further payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 8,000 excluding VAT). If none of the applicants deposits the further fee the DK Hostmaster will arrange for lots to be drawn between the remaining applicants and register the winner of the draw as the Registered User of the domain name. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 4,000 excluding VAT).
    • If more than one applicant has then deposited DKK 4,000 excluding VAT twice these must deposit a further DKK 4,000 excluding VAT into an account indicated by the DK Hostmaster within ten days from the date on which the request is forwarded. This deposit serves as security for payment of the first year's fee, in the case that the domain name is assigned, and to cover the costs of administration in those cases mentioned in the last section of item 5.4. If only one applicant deposits the further payment the DK Hostmaster will register the domain name as implemented for this applicant. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 12,000 excluding VAT).
    • If more than one applicant has then deposited DKK 4,000 excluding VAT three times the DK Hostmaster will arrange for lots to be drawn between these applicants for the domain name. The DK Hostmaster will then register the domain name in the name of the winner of the draw. The payment deposited then comprises the fee for the first year's implementation of the domain name (DKK 12,000 excluding VAT).
    • The amount to be deposited, as indicated in schedules f-i, comprises DKK 800, DKK 2,000 and DKK 4,000 respectively, all excluding VAT, when the applicant applies for a domain name corresponding to the applicant's personal name.
    • If one of the applicants provides information to the effect that he or she has a special right (e.g. a right to a name or a trademark or a legal sole right to use a given designation) to the domain name in question, the DK Hostmaster will notify the other applicants for the domain name in question of this and of who the person claiming this special right is prior to the implementation of the procedure in schedules f-j. If the other applicants state that they still wish to take part in the assignment procedure in spite of the special right to the domain name claimed, assignment will be carried out in accordance with the rules indicated in schedules f-j. When the DK Hostmaster registers an applicant as the Registered User of a domain name in accordance with this provision the DK Hostmaster will prevent the domain from being implemented for a period of 60 days so that the applicant claiming the special right can pursue this through the Complaints Board for Domain Names, for example, or the courts.
    • If more than one applicant states in the application form that they have a special right (e.g. a right to a name or a trademark or a legal sole right to use a given designation) the assignment of the domain name will be carried out in accordance with schedule k, but in such a way that the mutual competition between the possessors of the right shall be decided either through a compromise between the parties – possibly through a portal solution – or, if this proves impossible, by drawing lots.
    • Money deposited in accordance with the procedure in schedules f-j will be returned to the depositors at the same time as the domain name is registered as having been implemented by the Registered User, with the exception of the amount deposited by the Registered User himself/herself. However, this shall not apply if a complaint is lodged with the Complaints Board for Domain Names against a depositor during the 60-day period mentioned in schedule k. In such a case the amount deposited will be withheld until the Complaints Board for Domain Names has made a decision regarding whether to award costs in pursuance of the last section of item 5.4.
    • In connection with an extension of the Danish character set for Danish domain names the board of directors of DIFO can decide that specifically delimited domain names containing characters included in the extension can be reserved for the use of public authorities for a period of 90 days from the coming into effect of the extension.
  6. Fees
    • When a domain name is registered for implementation under the .dk domain name the Registrar will pay a fee, which is at present DKK 60excluding VAT, to the DK Hostmaster on behalf of the Registered User. The fee also covers the Registered User's right to use the domain name in accordance with this code of practice for a period from the date of registration for the remainder of the quarter and the subsequent full year (the registration period). No later than one month before the expiry of the registration period the DK Hostmaster will ask the Registered User at the verification address supplied, cf. 2.3. b., whether the Registered User wishes the registration of the domain name to be renewed. The inquiry must contain information on which invoice address and to whom the invoice will be sent. In addition to this inquiry an invoice will be sent to the invoice address, cf. 2.3. b., to cover the fee for the subsequent one-year registration period. By paying the fee for renewing the domain name registration the Registered User or the Registered User's proxy confirms the rules applicable at all times established by DIFO for registration, administration and solving conflicts regarding domain names under the top level domain, .dk.
    • No later than three months after registration the Registered User shall be obliged to inform the DK Hostmaster which current e-mail address should be used as a verification address for the use of the DK Hostmaster in obtaining the Registered User's consent to changes in and renewal of the Registered User's domain name registration. The Registered User shall also be obliged to inform the DK Hostmaster within the same time limit which current e-mail address should be used as the invoice address to which the invoice should be sent via e-mail. Payment of the fee should be made via Danish Payments Systems Ltd., or other electronic medium prescribed by the DK Hostmaster. The fee ensures the Registered User's right, without further payment, to carry out administrative changes in connection with his or her domain name – such as replacing name servers or changing the company's – or personal – information in the DK Hostmaster's databases.
    • Failure to pay the fee for renewing the domain name registration and thereby the failure to confirm that renewal is carried out in accordance with the rules applicable at all times established by DIFO for registering and implementing domain names under the .dk domain entitles the DK Hostmaster to delete the domain name in accordance with the rules in item 2.4.
  7. Annulment of and changing domain name registration
    • The DK Hostmaster can annul the contract with a Registered User by deleting the registration of a domain name if the Registered User or his or her proxy fails to make the outstanding payments connected with the registration. Deleting a domain name in accordance with this provision will be carried out as the final measure in the DK Hostmaster's reminder procedure applicable at all times.
    • The DK Hostmaster can annul the contract with a Registered User by deleting the registration of a domain name if the Registered User fails to comply with a request from the DK Hostmaster as mentioned in item 2.9.
    • The DK Hostmaster can annul the contract with a Registered User by deleting the registration of a domain name if the Registered User fails to maintain a DNS service for the domain comprising at least two name servers approved by the DK Hostmaster.
    • The DK Hostmaster can annul the contract with a Registered User by deleting or changing the registration of a domain name if the Registered User or his or her proxy on behalf of the Registered User fails to renew the registration of the domain name.
    • The DK Hostmaster shall annul the contract with a Registered User by deleting or changing the registration of a domain name if there is a judicial decision to this effect from a Danish or foreign court or an arbitration tribunal, or if a public authority has issued a valid order to this effect.
    • In consultation with the board of directors the managing director of DK Hostmaster shall annul a contract with a Registered User by deleting or changing the registration of a domain name if there is a request to this effect, in accordance with legislation, from a competent public authority and the domain name is being used in conflict with Danish legislation.
    • The DK Hostmaster shall implement decisions made by the Complaints Board for Domain Names.
    • The DK Hostmaster shall annul the contract with a Registered User by deleting or changing the registration of a domain name if the board of directors of DIFO have made a unanimous decision to this effect and this decision has not been brought before the Complaints Board for Domain Names within a period of no less than 14 days after the Registered User has been informed of the decision.
    • The DK Hostmaster will send a letter by ordinary mail regarding the annulment of a contract to the address that the Registered User has given, either on registration or later, as the contact address. The letter will also be sent by e-mail to the verification address that the Registered User has given to the DK Hostmaster. If it is not possible to make contact with the Registered User of a domain name by ordinary mail at the address provided by the Registered User or via the verification address the DK Hostmaster shall delete the domain name but reserve it for renewed registration for another Registered User for a period of eight weeks from the date the letter is forwarded.
    • Reminders sent by the DK Hostmaster in accordance with the reminder procedure applicable at all times shall contain information on the legal effect of failure to pay.
  8. Transfer of the rights to a domain name: The Registered User shall be entitled to transfer his or her right to implement the domain name to a third party. Notification of this must be made in writing by the Registered User for registration by the DK Hostmaster through a Registrar, if applicable. The transfer must contain the same information as that contained in the Domain Application, cf. item 2.2. An auxiliary form, which can be found on the DK Hostmaster's website, must be used in connection with the transfer. A domain name regarding which a complaint has been brought before the Complaints Board for Domain Names, or against which the DK Hostmaster has received information to the effect that legal steps have been initiated, can only be transferred to a third party with the consent of the commercial manager of DIFO.
  9. Redelegation of a domain name: The Registered User shall be entitled to have his or her domain name redelegated when required. Requests for this can be sent to the DK Hostmaster by the Registered User or his or her proxy. Redelegation can be carried out on the following terms:
    • That the name servers involved are registered with the DK Hostmaster in accordance with item 3.1.
    • That the DK Hostmaster has either received a signed declaration from the Registered User or a positive response from the verification address to an inquiry sent to the verification address regarding acceptance of the redelegation. Forms for signed declarations can be found on the DK Hostmaster's website.
    • That the DK Hostmaster has received an electronic application defined by the DK Hostmaster for redelegation which refers to the declaration mentioned in item b. Forms for this purpose can be found on the DK Hostmaster's website.
    • The domain may not have been suspended on the part of the DK Hostmaster on any grounds other than an incorrectly set up or lacking DNS, cf. item 2.8. When the DK Hostmaster has received the forms mentioned under items b. and c. redelegation can begin.
    Deleting a domain name at the Registered User's request A Registered User can request that his or her domain name be deleted from the database by sending a signed declaration to this effect to the DK Hostmaster. Forms for this purpose can be found on the DK Hostmaster's website.
  10. Incorrectly set up domains: If the DK Hostmaster finds an incorrectly set up domain during the automatic Domain Check for the DK Zone, the Zone Contact will be requested to remedy this fault within 14 days. If the fault has not been remedied within this time limit the DK Hostmaster will suspend the domain in the DK Zone and a written request will be sent to the Registered User to rectify the situation within a time limit of eight weeks. If a correct DNS for the domain has not been set up within this time limit the domain name will be deleted without further notice and the domain will be removed from the DK Hostmaster's database of second-order domain names under .dk, cf. item 2.4. c.
  11. Objections to the use of a domain name: The DK Hostmaster can at all times demand that the Registered User forward a declaration as mentioned in items 2.2. b. and 2.2. c. to the DK Hostmaster. Objections to registrations which have taken place will be treated in accordance with the rules for this in part 5 of this code of practice. Such objection must in the first instance be addressed to the Registered User. Neither DIFO nor the DK Hostmaster shall be liable for the Registered User's registration or use of the domain name. The Registered User shall be obliged to indemnify DIFO and the DK Hostmaster in connection with any disputes or legal proceedings regarding the use of the name, also including any disputes regarding subsidiary levels of the name.
The activities of the Registrar and the Zone Contact under the .dk domain
  1. Approval as Zone Contact under the .dk domain: Any natural or legal person can apply for approval as a Zone Contact under the .dk domain by sending a Host application to the DK Hostmaster. Approval in this connection is given for every name server that it is wished to validate and register. Host application forms are available from the DK Hostmaster's website. Host applications must contain the following information:
    • The applicant's name, type of company, where applicable, address and telephone number.
    • Server name and IP number for the server the application involves.
    • The name of the natural person or clearly identifiable function at the applicant's company to which inquiries can be addressed.
    • An e-mail address for the above-mentioned person or function.
    Qualifications: Approval as a Zone Contact can be obtained if the applicant has provided the DK Hostmaster with documentation regarding the necessary technical knowledge of DNS functions, including setting up domains in a name server. The DK Hostmaster must be able to validate one or more zones in the name server the application involves in order to determine whether this requirement has been fulfilled, which means, among other things, that the applicant consents to a zone transfer from the name server in question to the DK Hostmaster. Validation will be carried out in the domain that the name server is under. Registration: If the applicant is approved as a Zone Contact the DK Hostmaster will register the approved name server and inform the applicant that he or she has been approved as a Zone Contact under .dk for this name server. If an application is rejected the applicant can bring a complaint regarding the DK Hostmaster's decision before DIFO.
  2. The Zone Contact's duties: Duty to be on call: The Zone Contact is obliged to be on call to answer and clarify technical questions regarding set up DNS servers. If there are changes in the physical or electronic address in the application form the DK Hostmaster should be informed of these without undue delay. The Zone Contact is obliged to comply with the control measures that the DK Hostmaster may at all times consider necessary to ensure a reliable ongoing operation of the DNS. At his discretion the DK Hostmaster can carry out tests on one or more of the .dk zones that the Zone Contact administers. Registration fee: The fee for the DK Hostmaster's treatment of a Host application is DKK 500, excluding VAT, made payable to the DK Hostmaster. If the application does not result in approval and thereby registration of the name server in question, the applicant will be reimbursed DKK 200 excluding VAT. Breach: After a prior written demand the DK Hostmaster can delete a name server if the Zone Contact in question has committed a material breach of his or her duties in accordance with this code of practice.
  3. Approval as Registrar under the .dk domain: Place of application: Any natural or legal person can apply for approval to act as a Registrar under the .dk domain by sending a Registrar application to the DK Hostmaster. Applications must be forwarded on a Registrar application form which is available from the DK Hostmaster's website. The application must contain the following information:
    • The applicant's name, type of company, where applicable, address and telephone number.
    • Server name and IP number for the servers the Registrar will use.
    • The name of the natural person or clearly identifiable function at the applicant's company to which inquiries can be addressed.
    • An e-mail address for the above-mentioned person or function.
    Basic conditions: Applications for approval as a Registrar can be taken into consideration when the applicant
    • has paid a deposit of DKK 4,000 excluding VAT
    • made a declaration from which it is evident that the applicant himself or herself is or has a collaboration with the Zone Contact for the servers that will serve the registered domains and that the applicant takes on the obligation to comply with the current rules and the relevant RFC rules which are given in more detail on the DK Hostmaster's website.
    A demand can be made at all times that the deposit paid by the Registrar can be increased to an amount that corresponds to the DK Hostmaster's current outstanding account with the Registrar in question. Qualifications: It is a precondition for approval as a Registrar that the applicant has a knowledge of the necessary, relevant RFC rules. In order to determine this the DK Hostmaster can demand information from the applicant on his or her, or his or her leading employees' DNS related experience. The DK Hostmaster can similarly investigate the applicant's domain and review one or more zones for the purpose of validation ("DNS test"). Registration: If the above-mentioned conditions have been fulfilled the DK Hostmaster will register the applicant as a Registrar under .dk.
  4. The Registrar's rights: When the DK Hostmaster has approved the application the Registrar is entitled to establish domain names for himself or herself or others.
  5. The Registrar's duties: Domain check: As part of the ongoing control the DK Hostmaster will regularly review all domain names in the DK zone in order to ensure that the connected DNS name servers have been correctly set up (Domain Check) and that at least two name servers are connected. The Registrar and/or his or her Zone Contact(s) shall be obliged to ensure the ongoing access of theDK Hostmaster to the zone transfers on the name servers that are to be tested. Incorrectly set up zones: Reports regarding incorrectly set up zones will be forwarded to the Zone Contact for a given name server in the DK Hostmaster's database of approved name servers via the e-mail address supplied. The DK Hostmaster will not use the SOA record as a source for the Zone Contact. If the DK Hostmaster finds incorrectly set up zones the Zone Contact must be informed of the circumstances and of the fact that it is his or her duty to remedy the fault within 14 days. If the fault has not been remedied within this time limit the DK Hostmaster will suspend the zone in the DK Zone and a written request will be sent to the Registered User to rectify the situation within a time limit of eight weeks. If a correct DNS for the domain has not been set up within this time limit the domain name will be deleted without further notice from the DK Hostmaster's database of second-order domain names under .dk. Breach: After a prior written demand the DK Hostmaster can deprive a Registrar of the right to register domain names under the .dk domain if the person in question has committed a material breach of his or her duties in accordance with this code of practice.
Special rules regarding certain domain names

Withdrawal of domain names in the public interest: DIFO can decide that the DK Hostmaster must withdraw domain names that are already registered for implementation if it is considered that there is a need to use these domain names in the public interest. If the domain name has been actively implemented as part of the Registered User's ordinary activities a reasonable compensation may be awarded to the Registered User which will be paid by DIFO. DIFO's decisions in accordance with this provision can be brought before the complaints board mentioned in item 5.1.

Treatment of disputes of domain names
  1. Complaints Board for Domain Names: DIFO has established a Complaints Board for Domain Names which will make decisions in cases of the type mentioned in item 5.2. The complaints board comprises three members, each of whom is appointed for a period of three years. The chairman must fulfil the general conditions for eligibility to be appointed a High Court Judge. One of the two other members must possess documented knowledge of name and trademark rights. The third member must possess knowledge of the Internet and Internet technology. In cases involving consumer demands the Complaints Board shall induct two members who represent consumer and business interests respectively. Members of DIFO's board of directors cannot concurrently be members of the Complaints Board for Domain Names. Reappointment and the appointment of deputies may take place. The Complaints Board for Domain Names establishes its own agenda.
  2. Areas of competence: The Complaints Board for Domain Names is competent to make decisions in cases regarding the degree to which a domain registration that took place after 22 February 2000 conflicts with current Danish legislation and this code of practice. Under this heading the Board can make decisions regarding transferring, suspending or deleting such domain names. If a complaint involves a domain registration or a transfer of this that took place before 22 February 2000 the Complaints Board will only be able to treat the complaint if the Registered User consents to this, or if the Registered User has confirmed his or her acceptance of DIFO's code of practice in connection with renewing the registration. If the Registered User withholds this consent the complaint can instead be taken up by DIFO's board of directors at the request of the complainant. In this connection DIFO can make decisions regarding deleting or changing registered domain names, namely if there appears to be no doubt that the domain name was registered for implementation in bad faith in connection with conflicting name and trademark rights. Such decisions must be made unanimously, cf. item 2.4. section 1, schedule h. Decisions in accordance with which DIFO deletes or changes a registration at the request of the complainant can be brought before the Complaints Board by the Registered User no later than 14 days after the decision has been made, cf. item 2.4. section 1, schedule h. With the exception of those cases that are specifically mentioned in this code of practice the Complaints Board has no competence to make decisions regarding the payment of compensation or remuneration.
  3. Case administration: DIFO will appoint a secretary for the Complaints Board to be responsible for preparing cases to be heard by the Board and, in this connection, to encourage the parties to seek a compromise. Complaints must be forwarded to the secretary of the Complaints Board on paper or electronically. A complaints fee of DKK 500 in commercial cases and DKK 200 in consumer and civil cases must accompany the complaint. A case will only be taken up for treatment when the complaints fee has been paid. Information on the address the complaint should be sent to and the place of payment can be found on DIFO's website, www.difo.dk. If the complainant has brought an action against the person complained of at a court or if the complainant intends to bring such an action the Board can reject or defer the case. The Board must reject the case if it concerns a dispute covered by a valid arbitration agreement. The secretariat will review the complaint on reception. If, in accordance with item 5.2, there appears to be no doubt that the complaint cannot be treated by the Complaints Board the secretariat will inform the complainant of this together with the reason for the decision. The attention of the complainant will also be drawn to the fact that the decision can be brought before the Complaints Board should the complainant wish. The complaint will be brought before the Board by the secretariat. If a complaint should be rejected in accordance with item 5.2. the fee will be repaid to the complainant. If the Complaints Board is competent to treat the complaint, or if nothing can be advanced to show that the Board is not competent, the secretariat will prepare the treatment of the case. In this connection the secretary must inform the person complained of about the complaint and enclose all the material received regarding this, with the exception of material that the person complained of is undoubtedly already familiar with, together with a request that the person in question make a statement as soon as possible and no later than two weeks of receipt. The comments of the person complained of must then be presented to the complainant for comments with a similar time limit for response. The complainant's rejoinder must then be similarly presented to the person complained of. If it appears obvious that the response of the person complained of and the rejoinder of the complainant contain no new information or evaluations and that the other party is undoubtedly familiar with the contents of this material, the secretariat need not present the response to the opposite party. The chairman of the Board, or a person authorised by the chairman, can in special cases decide that the time limits mentioned can be prolonged or that further information must be obtained in order to make a decision in the case. If a conciliation procedure is initiated the secretary can propose to the parties that a portal for a domain name be established that covers several, co-ordinated name or trademark rights so that the domain name is used solely as a means of establishing contact with each of the co-ordinatedpossessors of the rights. The party that may already have obtained registration for the domain name in question can demand a reasonable compensation for such a surrender of his or her sole registration of the domain. The secretary can also propose to the parties that the person who obtained a valid registration of a domain name that covers a specially integrated or valuable name or trademark, surrender this domain name in return for the payment of a reasonable compensation from the owner of thetrademark in question. The conciliation procedure may last no longer than four weeks. If the case is referred to the Complaints Board for treatment the chairman of the board shall decide whether the case can be decided in writing or if a meeting is necessary. The chairman can also make a decision to obtain further information for use in deciding the case. However, cases in which consumer and commercial representatives take part must always be decided at a meeting.
  4. Costs: If the complainant's complaint is allowed, either wholly or in part, the fee shall be repaid to the complainant. The Complaints Board can in such a case make a decision that this fee must be paid by the person complained of. Case administration does not otherwise involve costs for the parties concerned. In cases brought before the Complaints Board in accordance with the procedure mentioned under items 2.2.1. and 2.2.2. the Complaints Board can order the losing party to recompense the opposite party's costs with regard to the Board to the extent that these costs can be covered by the amount the losing party has deposited in accordance with the rules mentioned.
  5. Publication: Decisions made by the Complaints Board for Domain Names will be published on DIFO's website at www.difo.dk. The efforts of the secretary to obtain a compromise are confidential.

Copenhagen, 20 February 2000 With amendments of 11 April 2000 (version 0.1), 14 September 2000 (version 02), 9 November 2000 (version 03), 30 May 2000 (version 4), 30 November 2001 (version 0.5).Date of coming into effect (version 0.2): 15 October 2000, (version 03): 1 January 2001, (version 04): 1 July 2001, (version 0.5): 1 January 2002.

On behalf of Dansk Internet Forum, Mads Bryde Andersen – Chairman Dan Christensen – Commercial Manager