termini e condizioni nl
   

The Regulations on Domain Name Registration (NL)

"Foundation": The Foundation for Internet Domain Registration in the Netherlands;

"Register": The electronic domain name register;

"Holder": The holder of a registered domain name, as is evident from the Register;

"Participant": Organization of institute participating in the Foundation and entitled to submit applications;

"Applicant": The intended Holder of a domain name;

"Corporate domain name": Domain name at the top level in the NL domain, which name is intended for use by corporations or institutions;

"Personal domain name": Domain name at the secondary level in a top-level section of the NL domain designated therefor by the Foundation, which name is intended for use by natural persons.

1 The Foundation maintains the Register and the NL zone file for domain names in the NL domain registered by the Foundation. The public section of the Register contains at least the following data on each domain:

  • the domain name;
  • name and address of the domain name holder;
  • name, telephone number and e-mail address of the domain name holder's administrative contact person;
  • name, telephone number and e-mail address of the domain name holder's technical contact person(s) and/or of the Participant involved.

The NL zone file contains the name servers for each domain name. The public section of the Register and the NL zone file can be consulted electronically by the general public.

If the Applicant of a Personal domain name objects to inclusion in the public section of the Register of his data referred to in this clause, the said data will not be included at his request. This request is to be submitted to the Participant in question upon filing the Personal domain name application. If a request to this effect has been submitted, the data referred to in this clause that will be included in the public section of the Register will be the relative Participant's instead of the Applicant's data.

2 Domain name applications can be considered only on condition that the application has been submitted by a Participant in the manner prescribed by the Foundation, and that the provisions of Clause 3, Sections 1 and 2, respectively, and Clause 4 have been complied with.

3.1 A Corporate domain name can be held only by a legal person, an institute, a company, an individual operating a one-man business or practising a profession, or a partnership, with a registered office or actual establishment in the Netherlands.

3.2 A Personal domain name can be held only by a natural person not practising a profession or operating a business who is a resident of the Netherlands. A natural person can hold only a single (1) Personal domain name.

4 Upon submitting the application to the Foundation, the Participant shall possess the following documents:

a.1 For a corporate domain name: a recent (i.e. not older than six months) copy from the Commercial Register, the Register of Foundations, the Register of Associations or any other register that is formally recognized by the Foundation, as proof of the Applicant's identity and its registered office or actual establishment in the Netherlands. The registers formally recognized by the Foundation, beside the ones specified above, are stated on the Foundation's web site.

a.2 For a Personal domain name: a copy of a valid passport, ID card, driving licence, or a copy of a recent (i.e. not older than six months) copy from the population register, serving as proof of the Applicant's identity and his residence in the Netherlands.

b The indemnification statement duly signed by the Applicant, according to the model drafted by the Foundation. If an application for a Personal domain name is filed by a minor, a parent or legal guardian shall co-sign the indemnification statement.

5.1 The application is considered to be made on the date and at the time when the Foundation receives the electronic application form fully and correctly completed according to the model drafted by the Foundation. If the application form is not fully and correctly completed, or if the documents referred to in Clause 4 prove not to be in the possession of the Participant involved, the Foundation will return the form to the Participant in question and the application will be considered to be cancelled.

5.2 At the Foundation's request, the Participant will submit to it a copy of any document(s) referred to in Clause 4 within the term stated in or by virtue of these Regulations.

6.1 When submitting the application, the Applicant of a Corporate domain name shall state, in the indemnification statement referred to in Clause 4, Section b, and vouch for the fact that neither the domain name nor its use violates the rights of any third party.

6.2 When submitting the application, the Applicant of a Personal domain name shall state, in the indemnification statement referred to in Clause 4, Section b, and vouch for the fact that the use of the domain name does not violate the rights of any third party.

7.1 The Participant submitting the application must pay a fee to be determined by the Foundation for entry and continuation of the domain name's registration. This fee shall be paid within a term to be determined by the Foundation. The applicable rates and times of payment are published on the Foundation's web site.

7.2 If the Participant is in default in respect of payment of this fee, the Foundation will inform the Participant and the Holder that the Holder will be denied the use of the domain name and that the registration will be deleted within 30 days, unless the said Participant or a different Participant to whom the application or the domain name is transferred pays the fee before the end of this period. The Foundation reserves the right, prior to denial of use and deletion of registration, during this 30-day period to block the domain name in such a way that its status cannot be modified until payment has been made. If payment is not made in due time, the use of the domain name in question will be denied and its registration deleted.

8.1 The domain name application will not be further processed and will be considered cancelled, if any of the following circumstances is applicable:

  • the Register already contains an identical domain name, or an application for an identical name is already being dealt with;
  • the Foundation has reserved the domain name or excluded it from registration;
  • the Applicant of a Personal domain name is already a Personal domain name Holder;
  • any part of the data stated in the application form drafted by virtue of these Regulations turns out to be false or incomplete;
  • the electronic application form drafted by virtue of these Regulations has been filled out incorrectly or incompletely;
  • the domain name fails to meet the specified technical requirements (Annex 1);
  • the application fails to meet the technical requirements (Annex 1) within seven days of a notification from the Foundation to this effect.

8.2 If any of the circumstances outlined in Clause 8.1 is applicable, the Foundation will notify the relative Participant as soon as possible after receiving the application that it will not continue processing of the application and will consider it to be cancelled.

9.1 The Applicant may not actually use a domain name until it has been entered in the Domain Name Register and incorporated in the NL zone file, except for the purpose of setting up the name servers for the domain in question.

9.2 If the application is in compliance with the provisions of these Regulations, the Foundation will send confirmation of domain name registration to the Participant. The domain name will be incorporated in the public section of the Register, stating the data specified in Clause 1, as well as in the NL zone file, as a result of which the domain name will be published on the Internet.

10 The Holder must pass on through his Participant to the Foundation any change in the registered data for the domain name in question as soon as possible.

11.1 The Foundation has the right to deny a Holder the use of the relative domain name and cancel the domain name registration, if in the Foundation's reasonable opinion it is established that any of the circumstances outlined in Clause 8.1 is applicable;

  • the Holder or the Participant involved fails to comply with the provisions of these Regulations and/or fails to fulfil any obligation imposed on him by virtue of these Regulations or the Annex;
  • registration was accomplished by means of fraud or deception in the application;
  • the relative Personal domain name turns out to be the Holder's second or subsequent Personal domain name. In the event of Clause 11.1 Subsection c being applicable, the Foundation may deny the Holder the use of, and delete registration of, all his Personal domain names.

11.2 The Foundation will deny the Holder the use of the domain name in question and delete it from the Register, if:

  • the Foundation has received an authentic copy of a judgment declared provisionally enforceable or a non-appealable final judgment to this effect;
  • the participant involved is no longer a Participant in the Foundation;
  • the Holder requests or agrees to cancellation of the registration;
  • the Holder no longer has a Participant;
  • the Holder of a Personal domain name has deceased
  • the Holder of a Corporate domain name is no longer included in a Register as referred to in Clause 4 of these Regulations;
  • the data included in the Register are no longer correct and the Participant in question, after have been notified thereof, fails to correct these data within five working days;
  • the Participant does not possess one or several of the documents required by the Foundation.

11.3 The Foundation will notify the Holder direct and/or through the Participant in question of its intended decision to deny the use of the domain name and delete its entry from the Register.

11.4 If a decision to deny use and delete registration has been taken based on the provisions of Clause 11.1, the Holder has the right to appeal against the Foundation's decision either direct or through the Participant in question within 30 days of the notification referred to in Clause 11.3 being sent. The appeal will be lodged by submitting a notice of appeal -with reasons stated- to the Foundation. The appeal will be handled by an independent Complaints and Appeals Body. An appeal brought against the decision referred to in Clause 11.3 has suspensory effect until the decision on appeal has been taken. If the appeal is not received in good time, the intended decision will become final after the aforementioned 30 days have passed.

11.5 The Foundation will establish separate regulations to specify the method of operation and composition of Complaints and Appeals Body referred to in Clause 11.4, the appeal procedure and the fee for filing and consideration of an appeal.

12.1 Any individual who feels a certain domain name to be contrary to public order or good morals has the right to file a complaint -with reasons stated- with an independent Complaints and Appeals Body within one year of the relative domain name being entered in the Register.

12.2 The Foundation will deny the Holder the use of a domain name and delete its registration if the Complaints and Appeals Body referred to in Clause 12.1 has judged that the domain name in question is contrary to public order or good morals.

12.3 The Foundation will notify both the complainant referred to in Clause 12.1 and the Holder direct and/or through the Participant in question of the decision taken by the Complaints and Appeals Body.

12.4 The Foundation will establish separate regulations to specify the procedure and the fee for filing and consideration of a complaint with the Complaints and Appeals Body.

12.5 The Foundation will exclude from further registration any domain name which has been finally and conclusively established to be contrary to public order or good morals.

13.1 If a Holder wishes to transfer a domain name to a third party, he must submit to the relevant Participant a transfer form, duly signed by both parties, and an indemnification statement signed by the new Holder, in accordance with the models drafted by the Foundation, whereafter the Participant in question will apply to the Foundation for entry of the domain name transfer in the Register. An application will not be considered and/or regarded as cancelled if it fails to meet the specified technical requirements (Annex 1).

13.2 The only other way in which a third party can effect the transfer of a domain name to its own name is by submitting an authentic copy of a non-appealable final judgment ruling that the domain name in question is to be transferred to the said third party. A request to this effect will be considered only if the provisions of these Regulations have been complied with.

13.3 The other provisions of these Regulations shall apply mutatis mutandis to the domain name transfer.

14.1 If a Holder wishes to move his domain name to a different Participant, he must submit to this new Participant a move form duly signed by himself and by this Participant, as well as an indemnification statement duly signed by himself according to the models drafted by the Foundation, whereafter this Participant will apply to the Foundation for entry of the domain name move in the Register. An application will not be considered and/or regarded as cancelled if it fails to meet the provisions of these Regulations. The Holder states that he has notified his old Participant in good time of his transfer to the other Participant.

14.2 The other provisions of these Regulations shall apply mutatis mutandis to the domain name transfer.

15 The Foundation reserves the right to withdraw a domain name and/or keep it withdrawn from registration. For this purpose it can reserve a domain name from registration or exclude it from registration, either temporarily or not, at the Foundation's discretion. The Foundation will publish the list of reserved domain names on its web site.

16 The Foundation has the right to modify these Regulations and establish more detailed rules. Any such modifications or more detailed rules will be announced to the Participants and published on the Foundation's web site and/or its other information sources.

17 These Regulations, including modifications and more detailed rules, apply to all domain names (to be) incorporated in the Register.

18.1 The Foundation shall not be liable for any damage the Applicant, the Holder, a Participant or any other third party may suffer due to or in connection with the implementation or modification of these Regulations.

18.2 If the Foundation, despite Clause 18.1, is sued for any damage suffered by the Applicant, the Holder or a Participant, the damage compensated by the Foundation will not exceed the registration fee that the Foundation has charged in the calendar year concerned.

19 The Foundation's records are conclusive evidence, unless the contrary is proved.

20 The Foundation Board shall decide in all cases that are not covered in these Regulations.

21 These Regulations are governed by Dutch law.

Noot van de redactie

Dit document is op 10-12-2001 gewijzigd.

In artikel 14.2 stond 'De andere bepalingen van dit Reglement zijn van overeenkomstige toepassing op de overdracht'.

Dit is gewijzigd in: 'De andere bepalingen van dit Reglement zijn van overeenkomstige toepassing op de overgang van een domeinnaam naar een andere Deelnemer'.