termini e condizioni hu
   

DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES

Present DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES have been issued as a part of the related FRANCHISE SYSTEM prepared during delegation, registration and maintenance under the DOMAIN "hu", and shall be applied without any special reference, when the system is used.

Terms used in present DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES (taken from the FRANCHISE agreement):

DOMAIN: an independent Internet domain, a database assigning names to a cluster of Internet addresses

DOMAIN NAME: technical identifiers containing alphanumeric characters, used instead of Internet addresses indispensable for the communication through the Internet, due primarily to their easy-to-remember nature, and located in the Internet DOMAIN system under one of the PUBLIC DOMAINs (e.g. companyname.hu, companyname.co.hu).

PUBLIC DOMAIN: Higher level .hu Internet DOMAINs, as well as second level (e.g. co.hu, info.hu) Internet DOMAINs opened under them, as required

DELEGATION: handing over and free right to use a DOMAIN identified with a DOMAIN NAME

REGISTRATION: Recording the data required for the delegation in the appropriate databases

REGISTRANT / USER: Party, by whom the DOMAIN is operated or applied

REGISTRAR: an organization selected by the REGISTRANT, responsible for carrying out tasks related to the DOMAIN delegation and / or data registration.

NEW REGISTRAR: A party replacing the REGISTRAR, in case, if its contract has been terminated

APPLICATION FORM: a data sheet containing data related to the DOMAIN to be delegated and the REGISTRANT, acceptance of the contract proposal

ADMINISTRATIVE CONTACT PERSON: The administrative contact person indicated on the APPLICATION FORM, representing the REGISTRANT when issues related to the DOMAIN delegation and registration are being conducted.

TECHNICAL CONTACT PERSON: Technical representative of the REGISTRANT regarding the issues related to the delegation and registration of the DOMAIN, especially when meeting requirements related to the technical operability of the DOMAIN.

PROTECTED NAME: A special name that can not be freely registered as a DOMAIN NAME (e.g.: ac, mil, com, ftp, www, ns, dns, mx)

REGISTRY: A party responsible for managing DOMAINs (takes care of, maintains and makes available data related to the delegated DOMAINs and their REGISTRANTs).

WEB SERVER: An Internet location of information related to the delegation and registration of PUBLIC DOMAINS (http://www.domain.hu.)

CONSULTING BODY (CB): A committee of independent experts, operating beside the REGISTRY, taking up position upon issues related to the eligibility of DOMAIN names, and supporting the proper delegation of DOMAIN names with its guidance.

OCCASIONAL ARBITRATION COURT: a body usually made up of three people, selected from a list of independent lawyers and IT specialists by the REGISTRANT and the REGISTRAR, or by a third person - party - (claiming against the requested domain name), supported by the Science Association of the Council of Hungarian Internet Service Providers. This body acts according to the procedures set out and published in the annex of the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES, and its decision - pursuant to the Act LXXI/1994 on the arbitration court - is equal with a final court decision.

1. Requesting and registering a DOMAIN DELEGATION

1.1. Criteria applied to the REGISTRANT and the REGISTRAR

a) REGISTRANT of DELEGATION directly under the .hu PUBLIC DOMAIN can be any Hungarian citizen or any natural person with permission to reside in Hungary, or any organization or enterprise with a geographical address (seat or premises) in Hungary or an owner of a trade mark registered by the Hungarian Patent Office - even in case if he/she is not a Hungarian citizen.

b) REGISTRANT of DELEGATION directly under a second level PUBLIC DOMAIN can be any Hungarian or foreign natural or legal person or an organization with no legal personality.

c) REGISTRAR can be any legal person, business organization with no legal personality, or private entrepreneur registered in Hungary, if entitled to perform activities determined in current DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES, possesses all personal and material requirements necessary to perform this kind of activity and has an effective franchise agreement with the REGISTRY.

1.2 General rules of DELEGATION

A DOMAIN is delegated only in case of real and immediate need. When submitting the application, the REGISTRANT has to meet all requirements set out in the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES.

The basis for the APPLICATION is the REQUEST FORM, correctly filled both from content and formal points of view, containing all mandatory data. The application form has to be signed by the REGISTRANT and/or the authorized executive of the given organization.

The time of the application is the time defined by the time stamp of the computer, when the computer system of the REGISTRY has registered the application.

The REGISTRAR is obliged to forward accepted delegation applications for the same DOMAIN NAME in timely order of their acceptance.

In case, if several similar applications are received by the REGISTRY, the chronological order of receiving the applications by the REGISTRY will govern.

The time of the registration is the moment determined by the computer time stamp, when the name and name servers of the requested DOMAIN are appropriately transferred to the related PUBLIC DOMAIN data file.

A application is identified by the ID ("domain_hun_id") number assigned in the computer registration system of the REGISTRY. In case if certain data (e.g.. name server, contact person, REGISTRANT, REGISTRAR) change, the application itself would not, until this ID number is not modified.

During registration, the REGISTRAR examines the authorization of the REGISTRANT. The main basis for this is:


a) Personal identity card or passport of the private person

b) an official (court) document proving the foundation or registration of the organization, decree on the registration, or any official document proving the related procedure,

c) a document proving the related authorization of the representative (e.g. specimen of signature)

The REGISTRAR is obliged to immediately notify the REGISTRANT about any issue related to the application (claims against the selected name, etc.) and act according to the instructions of the REGISTRANT in order to resolve the problem, while not violating this agreement and the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES.

The filled and signed original certified copy of the APPLICATION FORM, as well as further required documents must be forwarded to the REGISTRY, which will check their contents and indicate the time of reception of the documents.

Original documents submitted with the application must be stored by the REGISTRAR for five years from the effective date of the contract.

The REGISTRY shall process the wholly submitted applications, complying with the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES within two working days from their acceptance. Processed applications with priority will be registered within this time limit, while applications with no priority will be put on the waiting list.

In case, if the REGISTRY detects that the submitted data or the APPLICATION FORM is incomplete, or does not comply with the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES, it must be returned to the REGISTRAR within the same deadline, together with the indication of the reason, why the application has been returned.

The REGISTRAR has 14 days to supply the deficiencies. In case, if the deficiencies are not supplied within this deadline, the computer system will automatically delete the application.

Legality of applications and their compliance with the contract are checked by the REGISTRAR upon submitting the applications.

The processing will automatically continue after the expiry date of the wait period, if it would not violate the current DOMIN REGISTRATION BUSINESS POLICY PRINCIPLES.

In case, if the application can be fulfilled without violating the current DOMAIN REGITRATION BUSINESS POLICY PRINCIPLES, the delegation will take place, and the following data will be registered in the appropriate databases:

i) name of the delegated DOMAIN,

ii) addresses of primary and secondary name servers of the delegated DOMAIN,

iii) data of he REGISTRANT of the DOMAIN and its contact persons.

1.3 Rules of the DELEGATION PROCEDURE in case of delegating applications with no priority directly under the .hu PUBLIC DOMAIN

Prior to their DELEGATION, the REGISTRY announces the submitted applications on the WEB SERVER, with the indication of the time the application was submitted.

In case, if any claim against the delegation of the announced DOMAIN NAME is submitted before the end of day 14, the delegation will not take place, until the legal dispute is settled.

The claim shall immediately be submitted to the REGISTRAR with the indication of the reason for the claim. The REGISTRAR

a./ will notify the REGISTRANT and the secretariat f the Consulting Body within two days, according to the related provisions of the contract, and makes the appropriate entry about the claim in the computer registration system,

b./ in case, if the application - based of the opinion of the REGISTRAR - can be fulfilled, despite the submitted claim, and the REGISTRANT does not change its application, forwards the opinion related to the submitted claim to the secretariat of the Consulting Body within 14 days,

c./ in case, if the conditions of the delegation - based on the opinion of the REGISTRAR - are not met - due to the submitted application or claim - or the REGISTRANT withdraws its application, it deletes the application within 14 days,

d./ in case, if it is unable to form an opinion regarding the disputed issue, it informs the REGISTRANT about the difficulty of fulfilling the application, as well as the necessity of making a decision within 14 days, the procedure to be followed, according to the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES, and - according to the instructions of the REGISTRANT - maintains or withdraws the application.

The delegation need for another REGISTRANT than those submitting a delegation application with no priority, registered and not violating the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES shall be fulfilled, if it is requested and

a./ its application has a PRIORITY, and the basis for it anticipates the submittal of the original APPLICATION,

b./ the basis for the priority is proven parallel to the submittal of the claim or application or prior to the related decision, according to the provisions set out in the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES,

c./ registration of its application with priority took place within 14 days from announcing the application with no priority,

1.4 Rules of the DELEGATION PROCEDURE in case of applications with priority

Requests with priority are those that application the DELEGATION directly under the .hu PUBLIC DOMAIN and the selected name is:

a) full or short name of the REGISTRANT organization as defined in the official registration document of the court, or in case of an organization established by an Act, full or short name of the organization as determined by the Act, or

b) a trade mark as a character string (word, words) registered by the Hungarian Patent Office for the REGISTRANT

In case of applications with priority, the selected DOMAIN NAME and the name contained in the document serving as basis for the priority (without accents) has to be exactly the same. Names containing several words written as one or hyphenated can be requested, words or labels referring to the organizational form or the professional area can be dropped out.

The application can be regarded as one with priority, in case if the REGISTRANT hands over the documents proving the priority of its application to the REGISTRAR parallel with filling out the APPLICATION FORM.

Documents required for the priority:

legal person: court or other official document proving the existence of the organization, or

patent document issued by the Hungarian Patent Office

Fulfilling applications with priority is carried out in timely order of registering the application, without preliminary public announcement.

1.5 Rules of the DELEGATION procedure in case of delegation directly under a level 2 PUBLIC DOMAIN

DELLEGATION is fulfilled in timely order of registering the application, without preliminary public announcement, and is based on the data included in the APPLICATION and recorded by the REGISTRAR.

2. Formal requirements related to the DOMAIN NAME

2.1 The DOMAIN NAME consists of minimum 2, maximum 24 characters (It is recommended to select a DOMAIN NAME consisting of minimum 5 and maximum 10 characters).

2.2 Characters that can be used in the DOMAIN NAME

a) small letters of the Latin alphabet without accents (a-z), as well as

b) numeric characters (0-9), and

c) the hyphen (-).

2.3 First and last characters of the DOMAIN NAME can only be letters or numeric characters. The DOMAIN NAME can not contain two consecutive hyphens.

2.4 Use of DOMAIN names beginning with numeric character is not recommended by the RFC1035, the REGISTRANT has to be notified accordingly. Acknowledgement of the received information shall be written down, in case, if the REGISTRANT - despite the information - continues to insist on the DOMAIN NAME with numeric characters - shall be written down. The whole responsibility for the operability of or the damage related to the use of such DOMAIN NAMES falls on the REGISTRANT.

3. Selecting the DOMAIN NAME

3.1 The REGISTRANT may freely select the DOMAIN NAME, as long as it complies with the related law and the current DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES.

3.2 No DOMAIN NAME can be selected, that - regarding its contents and / or use - is suspected to be

a) illegal, or

b) offensive or frightening, or

c) abusive.

Neither the REGISTRY, nor the REGISTERING PARTIES will take the responsibility to recognize each such case.

3.3 The REGISTRANT can not select a PROTECTED NAME.

3.4 In case of DELEGATION directly under the .hu PUBLIC DOMAIN

a) designation of Hungarian settlements can be selected only by local self-governments, and

b) designation of countries (in Hungarian, English or own language) can be selected only by the state representative of the given country.

This restriction does not apply to the DELEGATION directly under the second level PUBLIC DOMAIN.

3.5 Directly under the second level tm.hu PUBLIC DOMAIN, the REGISTRANT can only select a character string as DOMAIN NAME, which is the designation registered by the Hungarian Patent Office for the REGISTRANT as a registered trade mark (transcribed by dropping out accents). It does not apply to DELEGATION under different PUBLIC DOMAIN.

3.6 The REGISTRANT is responsible for the selection, contents, use and its consequences of a DOMAIN NAME. The REGISTRAR is obliged to inform in writing the USERS about this circumstance, as well as the way of checking the data, and it must check this fact with the USER.

3.7 If it turns out that selection and / or use of a DOMAIN NAME already delegated is illegal, or violates the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES, the REGISTRANT must disclaim this domain name, otherwise the delegation of the DOMAIN NAME may be withdrawn. In case if the REGISTRAR becomes aware of the illegality of the DOMAIN NAME or its non-compliance with the contract after the delegation, it initiates the withdrawal of the DELEGATION, or informs all involved party on the option of the arbitration court option.

3.8 In case of a dispute between the USER and the REGISTRAR, concerning the usability of the DOMAIN NAME, the opinion of the REGISTERING PARTY and / or the REGISTRY will prevail. Should a dispute emerge between the REGISTRAR and the REGISTRY, opinion of the REGISTRY will prevail.

3.9 In case of a dispute concerning the eligibility of the DOMAIN NAME, both the REGISTERING PARTY and the REGISTRY will accept the decision of the CONSULTING BODY. The decision is obtained by the REGISTRAR, based on the initiation of the REGISTRANT or the third party questioning the application, after the fee of the procedure has been paid.

3.10 Based on the application of the parties or the decision of the court, the REGISTRY will indicate the legal dispute in the database.

4. Canceling the delegation

4.1Based on the available data, the REGISTRAR will decide to cancel a DOMAIN DELEGATION, meanwhile, the REGISTRANT can request any REGISTRAR to maintain the DELEGATION.

4.2 The REGISTRAR is entitled to accept or reject an order.

4.3 The REGISTRAR informs the administrative contact person of the REGISTRANT about the cancellation of maintaining the DELEGATION in a booked letter.

4.4 The REGISTRANT can agree with any REGISTRAR about maintaining the DELEGATION within 60 days. Should the REGISTRY not be informed about such agreement within the determined deadline, it cancels the DOMAIN DELEGATION automatically, without any special notification, so the DOMAIN NAME used to identify the DOMAIN will be free again.

5. Suspending or withdrawing the delegation

5.1 The DOMAIN delegation will be suspended or withdrawn, if:

a) the REGISTRANT would not meet the criteria formulated in the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES,

b) the data provided by the REGISTRANT were not real, and these data influenced the decision regarding the delegation application,

c) the data related to the REGISTRANT, available for the delegation later changed, and based on the modified data, the delegation would not have taken place ,

d) the final resolution of the court, or the law obliges to do so,

e) the REGISTRANT no longer has the right to use the given DOMAIN NAME,

f) the REGISTRANT uses and / or requested for the DOMAIN and / or the DOMIN NAME illegally, abusively and feloniously,

g) use of the DOMAIN and / or the DOMAIN NAME causes technical problems in the operation of the Internet.

5.2 The REGISTRAR notifies the technical and / or administrative contact person of the REGISTRANT about the suspension or withdrawal DOMAIN delegation.

5.3 When suspended, the technical delegation of the DOMAIN is terminated, but the name identifying the DOMAIN will not be free, and in case if the REGISTRANT (or its contact person) eliminates the problem causing the suspension, the DOMAIN becomes available again with the original DOMAIN NAME.

5.4 When withdrawn, the entire DOMAIN delegation is deleted, the DOMAIN NAME used to identify the DOMAIN will be free, the REGISTRANT ceases to be the user of the DOMAIN.

6. Waiving the delegation

6.1 The REGISTRANT may waive the right to use the DOMAIN by submitting a written declaration to the REGISTRAR. In this case, if there is no new REGISTRANT - the DOMAIN delegation is deleted and the DOMAIN NAME used to identify the DOMAIN will be free.

6.2 If - despite the payment reminder - the REGISTRANT fails to pay the registration fee, it shall be regarded as waiving the delegation. In this case the delegation will be deleted automatically, without any special notification on the day 15 from the due date.

6.3 The REGISTRANT is entitled to transfer its rights under this agreement to a third person. Conditions of such a transfer are the following:

a./ The NEW REGISTRANT replacing the REGISTRANT accepts the provisions set out in the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES as obligatory,

b./ the delegation shall not be violating the provisions set out in the DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES

The transfer becomes effective, when the REGISTRAR accepts it, and signs the contract with the NEW REGISTRANT.

7. Canceling the delegation

The delegation must be canceled, if

a./ the USER terminates the contract,

b./ it is ordered by the final decision of the court, or the illegality of the delegation is declared by the court,

c./ the contract related to the delegation is terminated and no new contract between the USER and any other REGISTRAR is signed within the defined deadline, or the REGISTRY does not become aware of such contract - on the day 15 after the expiry of the deadline,

d./ the USER fails to pay the maintenance fee before the day 15 after the due date, despite the bill posted to the address of the USER indicated on the APPLICATION FORM at least 3 days before the due date.

8. Managing legal disputes

8.1 In case of any dispute concerning the eligibility of the DOMAIN NAME, both the REGISTRAR and the REGISTRY agree to accept the decision of the CONSULTING BODY. The decision is obtained by the REGISTRANT, or the REGISTRAR, based on the initiative of the third person questioning the application, after the fee of the procedure has been collected.

8.2 In case of disputes related to the DOMAIN DELEGATION and registration, the effect of the signed service provider agreement and the related rights and obligations, both the REGISTRAR and the REGISTRY will accept the decision of the OCCASIONAL ARBITRATION COURT supported by the Science Association of Hungarian Internet Service Providers, the decision of which will have the effect of a final decision of a court of first instance, according to the related rules of procedure.

9. Rules applied to the Consulting Body

9.1 The REGISTRY can apply for a policy to the CONSULTING BODY, in relation with the eligibility of DOMAIN NAMES according to present DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES.

9.2 The CONSULTING BODY can be contacted by any REGISTRAR, too (at will or following the initiative of a third person questioning the application), concerning the eligibility of a given requested DOMAIN NAME by a given REGISTRANT, in case of unregistered DOMAIN NAMES.

9.3 The fee of the procedure of the CONSULTING BODY must be paid by the REGISTRAR of the REGISTRANT to the REGISTRY, in case if the CONSULTING BODY comes to the decision, that the given DOMAIN NAME can not be assigned to the given REGISTRANT. Otherwise, the fee

a) must be paid by the REGISTRAR initiating the involvement of the CONSULTING BODY, if the application was questioned, or

b) must be paid by the REGISTRY, if the application was questioned by the REGISTRY, and this is why the REGISTRAR initiated the involvement of the CONSULTING BODY.

The REGISTRAR is entitled to charge its costs related to the procedure on its client.

10. Requirements related to the technical operability of the DOMAIN

10.1 The following services (machines) must continuously be available from the Internet and should be in operation:

a) at least two DOMAIN NAME server (primary and secondary), which give valid answers to the requests related to the DOMAIN to be delegated and received at 53 TCP and UDP ports, and

b) at least one mail server, on which the DOMAIN operator receives letters sent to the address postmaster@, and is able to send a standard letter, according to the RFC-822 requirements.

10.2 Primary and secondary DOMAIN NAME servers should have independent and permanent Internet network accessibility and power supplies independent from each other.

10.3 SOA record of the zone to be delegated or already delegated must be syntactically correct.

10.4 There must be reverse notes in existence assigned to the name records located in the zone and sub-zones to be delegated or already delegated.

10.5 The REGISTRANT must allow that the computer controlling the zones (hureg.nic.hu) was able to download the zone to be delegated or already delegated.

11. Miscellaneous

During the DOMAIN registration all communication - unless this DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES or the agreement of the Parties provides otherwise - is conducted via e-mail or fax. This way of communication does not apply to the submittal of the APPLICATION FORM, the original copy of which must be delivered to the REGISTRAR. The REGISTRAR is entitled to ask for the original copies of documents required to make the decision related to the application. The sending party is responsible for the authenticity of copied or faxed documents.

The administrative contact person appointed by the REGISTRANT must have a postal address in Hungary, and must be able to conduct communication in Hungarian.

Present DOMAIN REGISTRATION BUSINESS POLICY PRINCIPLES have been accepted by the General Assembly of the Science Association of the Hungarian Internet Service Providers on February 12th 2001.