New Rules on registration of domain names in ccTLD .cz valied from 1.12.2012
JUDr. Jakub Vozáb, PhD. 21.11.2012
Rules of Domain Names Registration under ccTLD .cz Page 1 (total 10) Rules of Domain Names Registration under ccTLD .cz In effect as of December 1, 2012
1. INTRODUCTORY PROVISIONS 1.1. This document determines the rules for the registration and delegation of the second-level Domain Names under ccTLD .cz. 1.2. The terms used in these Rules of Registration have the following meaning: 1.2.1. Central Register – a database of Domain Names, their holders and other persons administered by CZ.NIC. The Central Register is the source for Domain Name delegation into the CZ zone administered by the primary name server. 1.2.2. CZ.NIC – an interest association of legal entities CZ.NIC, identification number 67985726. 1.2.3. Delegated Domain Name – a registered Domain Name for which CZ.NIC maintains a record on the primary name server (“CZ zone”). 1.2.4. Day of Registration – the day when the registration of the Domain Name in the Central Register occurs. 1.2.5. Day of Expiration – the day following the day on which the expiration of the registered Domain Name occurs. 1.2.6. ccTLD .cz – country code Top Level Domain (top-level domain, also called the national domain) of the Czech Republic. 1.2.7. Domain Name – second-level domain consisting of a permissible combination of permissible characters. 1.2.8. Holder – natural person or legal entity who registered the Domain Name; if the name of the company or organization is not included in the record, the person who submitted the request for the Domain Name is considered the Holder; if the name of the company or organization is included, it is considered to be the Holder. 1.2.9. Contact – the record of a specific person (natural or legal) maintained in the Central Registry. A Contact may be administrative, technical or in the Holder’s role. 1.2.10. Rules of Alternative Dispute Resolution – a document published by CZ.NIC, containing the Holder’s public proposal of arbitration, which forms an integral part of the Rules of Registration. 1.2.11. Rules of Registration – the document “Rules of Domain Names Registration under ccTLD .cz” published by CZ.NIC. 1.2.12. Registrar – a subject entitled to access in a defined way the Central Register and submit requests for the changes of records administered by the Central Register. 1.2.13. Key Set – a record file containing at least one DNS key intended for secure delegation of the domain name by means of the DNSSEC technology and at least one technical Contact. 1.2.14. Nameserver Set – a record file containing at least 2 nameservers and at least one technical Contact. 1.2.15. Appointed Registrar – the Registrar for a specific Domain Name appointed by the Holder, for a specific Contact appointed by the Contact concerned, for a specific Nameserver Set appointed by the technical Contact of the nameservers, or for a specific Key Set appointed by the Contact of the Key Set concerned. A single Appointed Registrar is set for every registered Domain Name, Contact, Nameserver Set and Key Set. 1.2.16. Applicant – a natural person or legal entity submitting a request for registration of the Domain Name. 2. DOMAIN NAME REGISTRATION 2.1. Domain Names are registered through a Registrar. 2.2. The Registrar is obliged to obtain the consent of every Applicant to the current version of the Rules of Registration as a condition of the Domain Name registration. This consent is obtained only if the up-to- Rules of Domain Names Registration under ccTLD .cz Page 2 (total 10) date version of the Rules of Registration was accepted by the Applicant, so that the consent of the Applicant to the contents of the Rules of Registration is apparent. The following is considered to be a valid consent: 2.2.1. A Domain Name registration order has been placed, 2.2.2. The price has been paid for the Domain Name registration or, if relevant, for any other service that the Registrar may connect with registering the Domain Name, 2.2.3. The Holder has begun to use a Domain Name, or 2.2.4. The Holder has effected any other act toward the Registrar or CZ.NIC, provided that such an act pertains to changing records on the given Domain Name that are kept in the Central Registry. 2.3. The individual giving consent to the current version of the Rules of Registration on behalf of the Applicant in connection with an application for Domain Name registration at the same time declares that he or she is authorized to act on the Applicant’s behalf in this matter. 2.4. Registrars are obliged to make available and document at any time by request of CZ.NIC the consent of the Holder to the current version of the Rules of Registration on the date of registration, according to Paragraph 2.2. CZ.NIC is entitled to make available and document such information to the court of justice, arbitration court or other state authority for the purposes of legal, arbitration, administrative, criminal or any other proceedings. 2.5. CZ.NIC registers the Domain Names according to the order in which the individual registration requests submitted through the Registrars were delivered. CZ.NIC files the records of every received registration request. 2.6. The Domain Name is registered always for an entire year beginning with the Day of Registration of the Domain Name, up to a max. of 10 years. 2.7. Upon the registration of a Domain Name, the Domain Name is reserved for the Holder for the specified period of time. 2.8. CZ.NIC will register the Domain Name if 2.8.1. the registration request does not contain any imperfections preventing it from further processing; 2.8.2. the existing Domain Name has been assigned with an existing Contact in the role of the Holder; 2.8.3. all required information has been properly filled in; 2.8.4. the Applicant agreed with the current version of the Rules of Registration and Rules of Alternative Dispute Resolution; 2.8.5. the requested Domain Name is not, at the time of processing of the request, registered by the Central Register (except for the Domain Name as for which the time limit under 16.4 has not expired); 2.8.6. the requested Domain Name conforms to the regulations for the creation of Domain Names (see Article 10), and 2.8.7. applicable payments of appropriate prices are settled concurrently with the registration. 3. DOMAIN NAME REGISTRATION RENEWAL 3.1. Domain Name registration may be renewed by means of the Appointed Registrar. 3.2. Domain Name registration may even repeatedly be renewed for whole multiples of a year, yet for no more than 10 years. CZ.NIC will renew a registration if 3.2.1. CZ.NIC receives a request for registration renewal at the latest on the day on which the period for which the Domain Name was registered elapses (this is without prejudice to the possibility to renew a Domain Name registration during the protection period according to Article 6.2); 3.2.2. the Holder agreed with the current version of the Rules of Registration on the date of the registration renewal, whereas the provisions in Articles 2.2, 2.3 and 2.4 are used similarly; 3.2.3. applicable payments of appropriate prices are settled concurrently. Rules of Domain Names Registration under ccTLD .cz Page 3 (total 10) 4. DOMAIN NAME DELEGATION 4.1. A registered Domain Name does not have to be Delegated. Nullification of the Domain Name Delegation does not affect the Domain Name registration. 4.2. CZ.NIC delegates a registered Domain Name, to which just one Nameserver Set is assigned. 4.3. CZ.NIC is entitled to conduct periodic technical inspections of name servers in the Nameserver Set and of DNS keys in the Key Set assigned to the Domain Name. 4.4. When a Domain Name registration is cancelled, the Domain Name delegation is terminated without further ado. When the assignment of a Nameserver Set to a Domain Name is cancelled, the Domain Name delegation is cancelled with further ado. Under the terms and conditions defined by these Rules of Registration, a Domain Name delegation may also be cancelled if a Nameserver Set is still assigned to it. 5. DOMAIN NAME TRANSFER 5.1. CZ.NIC will register a change of the Domain Name Holder (a Domain Name transfer) upon request submitted through the Appointed Registrar of the given Domain Name. The Appointed Registrar may submit a request for a change of the Domain Name Holder upon written request of the Holder and the future Holder. 5.2. The Registrar is obliged to acquire the consent of the future Holder to the current version of the Rules of Registration and the Rules of Alternative Dispute Resolution on the date of the transfer of the Domain Name, while the provisions in Articles 2.2, 2.3 and 2.4 are applied similarly. 5.3. No entitlement to a refund of the paid price or any part thereof arises for the Holder from its Domain Name transfer. 5.4. The transfer of the Domain Name does not affect the latter’s Day of Expiration. 6. TERMINATION OF THE DOMAIN NAME REGISTRATION 6.1. CZ.NIC will cancel the registration of a Domain Name upon request submitted through the Appointed Registrar of the Domain Name. No entitlement to a refund of the paid price or any part thereof arises from cancelling the registration of a Domain Name. 6.2. If a Domain Name registration is not renewed before the Day of Expiration (Article 3), then on the Day of Expiration the Domain Name enters a “protection period” of 60 days. 6.2.1. The Domain Name registration may be renewed in compliance with Article 3 hereof retroactively from the Day of Expiration. 6.2.2. If the Domain Name is not renewed in the first 30 days of the protection period, CZ.NIC is entitled to terminate the Delegation of the Domain Name. In such a case, the Domain Name delegation cannot be renewed, not even by changing details in the assigned Nameserver Set or by assigning a different Nameserver Set to the Domain Name concerned. 6.2.3. The registration of a Domain Name expires when the protection period has elapsed unless the Domain Name registration is renewed during the protection period. 6.3. If the agreement between an Appointed Registrar and CZ.NIC is terminated, based on which the Appointed Registrar enjoyed the Registrar status, the registrations of Domain Names registered through the Appointed Registrar will not be terminated. The Holder may designate another Appointed Registrar at any time afterwards. 7. REGISTRATION OF CONTACTS 7.1. A single Contact can be used for more than one Domain Name (Contact in the role of a Holder or an administrative Contact), Nameserver Set (a technical Contact) or a Key Set (a technical Contact). 7.2. Contacts are registered by means of a Registrar. By filing an application in this respect, the given person expresses its consent to these Rules of Registration by means of the Registrar. 8. CHANGES AND THEIR AUTHORIZATION 8.1. The wording of a Domain Name cannot be modified. Rules of Domain Names Registration under ccTLD .cz Page 4 (total 10) 8.2. The Registrar, who requested the change, is responsible towards CZ.NIC for authentication, authorization and validity of such an instruction. 8.3. CZ.NIC will change data in the Central Registry upon request by the persons that are stated for each of the Domain Names, Contacts, Nameserver Sets, and Key Sets, as the persons authorized to make such changes, provided that the request is submitted by means of the relevant Registrar. 8.4. For a Contact that is a legal entity, apart from the person stated in the Contact record, acts may also be effected by a person or persons authorized to act on behalf of the legal entity. In such a case, an officially certified signature is required for the authentication. The officially certified signature shall also be accompanied by an original or certified copy of an excerpt from the Commercial Register (not older than 3 months) or an excerpt from an analogous registry. The name of the legal entity in the official excerpt must be identical with the legal entity’s name stated in the Contact in the field meant to show the name of the company or organization; the confirming person(s) must be authorized to act on behalf of the legal entity in line with the official excerpt. If the authorized person is represented, then appended to the confirmation must also be a Power of Attorney with an officially authenticated signature. 8.5. If multiple persons are entered in the Central Registry that are competent to make the same change, then the change can be made upon request by any of these persons. 8.6. Changing Domain Name information A request for changing Domain Name data may only be made by means of the Appointed Registrar except for changing the Appointed Registrar itself; this type of change can only be made by means of a new Appointed Registrar. Item name Contact entitled to confirm the change Domain Name Cannot be changed Administrative Contact Holder, administrative Contact Appointed Registrar Holder, administrative Contact Nameserver Set Holder, administrative Contact, technical Contact for the existing Nameserver Set Key Set Holder, administrative Contact, technical Contact for the existing Key Set, technical Contact for the existing Nameserver Set Holder change Holder and a the new Holder Termination Holder 8.7. Changing Contact information Contact data may be changed by means of the Appointed Contact Registrar. Item name Contact entitled to confirm the change Identifier Cannot be changed Other data (excl. identifier) Relevant Contact 8.8. Changing Nameserver Set information Nameserver Set data may be changed by means of the Appointed Registrar of the Nameserver Set. Item name Contact entitled to confirm the change Identifier Cannot be changed Technical Contact Technical Contact Nameserver Technical Contact Termination Technical Contact 8.9. Change of the Key Set data Key Set data may be changed by means of the Appointed Registrar of the Key Set. Item name Contact entitled to confirm the change Identifier Cannot be changed Technical Contact Technical Contact DNS key Technical Contact Termination Technical Contact Rules of Domain Names Registration under ccTLD .cz Page 5 (total 10) 9. PRICE 9.1. The price of the services provided by the Registrar to the Holder is set by an agreement between the Registrar and the Holder. 9.2. The price of individual services provided by CZ.NIC to the Registrars can be found in the CZ.NIC price list, which is available to Registrars. 9.3. CZ.NIC is entitled to charge also the services provided to individual Holders of Domain Names or other persons and the price for such services is specified in the price list of the CZ.NIC association available on the website of the CZ.NIC association. 10. RULES FOR CREATING A DOMAIN NAME 10.1. Domain Names must conform to regulations RFC1 1034, 1035, 1122, 1123 and any regulations superseding or amending these. This concerns especially the following conditions: 10.1.1. A Domain Name may contain only characters [a-z,0–9,–]; 10.1.2. The maximum Domain Name Length is not more than 63 characters; 10.1.3. A Domain Name must not begin or end with “-“ character; 10.1.4. A Domain Name must not contain two characters “-“ in sequence. 10.2. CZ.NIC may cancel the registration of a Domain Name that is worded contrary to the rules for domain name creation. 11. PERSONAL DATA PROTECTION; CENTRAL REGISTER DATA 11.1. The Central Register is kept by the CZ.NIC association or an entity authorized by it. The CZ.NIC association is the administrator of personal data kept in the Central Register. The Registrar is a processor of such data. 11.2. A person submitting an application for the registration of a Domain Name, Holder or Contact, or an application for changing data pertaining to a Domain Name, Holder or Contact 11.2.1. grants by lodging such an application his/her consent with processing his/her personal data specified in the application for the purpose of maintaining and administering the Central Register, as well as with making such data public through the mediation of the Internet within the framework of information services rendered by the CZ.NIC association. 11.2.2. is liable for the correctness of all data specified in the registration application pertaining to persons mentioned in such an application, and declares that these are not cover names, that such a person has obtained consent from all persons whose personal data are to be recorded in the Central Register on the basis of the application, and undertakes to obtain such consent in the event of any changes of such persons or data pertaining to such persons. 11.2.3. is obliged to report any changes of the data submitted to the CZ.NIC association through the mediation of the Registrar without any undue delay. 11.2.4. is obliged to act in such way that in consequence of his/her doing no duplicate records of Contacts arise, and no identical Contacts differing only in the identifier are kept in the Central Register. 11.3. Appendix No. 1 states what pieces of information used in the Domain Name records, Contacts and Nameserver Sets are compulsory. 11.4. CZ.NIC is entitled to call on the Holder, or the person concerned, to provide any information essential for the identification of these persons, especially date of birth and identification numbers (IN), namely in the case that providing such information is necessary for unambiguous identification within the framework of a legal, arbitrary, administrative or criminal or any other proceedings in progress; CZ.NIC is entitled to provide such additionally acquired information for the purpose of such proceedings. 11.5. The Holder, whose domicile, residence or contact address is outside the European Union or the European Economic Area (EU/EEA), is obliged to provide CZ.NIC with its contact address within the EU/EEA upon a judicial request, or request by an executive authority, an arbitrator, or the arbitration court, or designate a representative with a mailing address within the EU/EEA at which the Holder may receive mail relating to Domain Names. 1 Request For Comments – it means denomination of a series of documents containing researches, measurements and observations as well as proposed and accepted standards for the TCP/IP protocol Rules of Domain Names Registration under ccTLD .cz Page 6 (total 10) 11.6. Appendix No. 1 states what pieces of information used in the Domain Name records, Contacts and Namserver Sets can be marked as hidden. In the case that such a piece of information is marked as hidden, it means that it is not published through the public information services (WHOIS), but the right of CZ.NIC to keep such information in the Central Register and to provide it for technical reasons necessary for running the Central Register to the Registers remains unaffected. 11.7. Upon a written request with official signature certification, CZ.NIC shall provide information about the address of the Holder of a specific Domain Name (item Addr), even if this data is marked as hidden. The request must state and document the purpose for which the applicant is requesting that the data be revealed and CZ.NIC is, at its discretion, entitled to refuse to provide the information if it comes to the conclusion that the purpose of the application is not consistent with good business practice or if the applicant, without any legitimate reason, has repeatedly asked for information about the address of different Holders of various Domain Names. CZ.NIC is entitled to charge for the application. The applicant is entitled to use the information solely for the purpose stated in the application. 11.8. CZ.NIC is entitled to provide information marked in the Central Register as hidden to the state administrative bodies and to the courts of justice including the arbitration court, in compliance with the law and within the framework of their official activity or within the framework of the arbitration. Therefore, it is possible to provide only information related to the specific Contacts or specific Domain Names. Under the same conditions, CZ.NIC is also entitled to provide information about historical data, if available. 11.9. Upon request of the current Domain name Holder, CZ.NIC will provide historical data from the Central Register which pertains to the Domain Name, i.e. data about the previous Domain name Holders since the date of the most recent Domain name registration for the maximum of last 5 years. For the purpose of this provision, the term “historical data” refers to such data about the previous Holders which cannot be designated as hidden as in Appendix No. 1; data about the current Holder are provided irrespective of whether they can be designated by Appendix No. 1 as hidden. Historical data for the period preceding the day 01.01.2010 are provided anonymously; this restriction does not apply to the current Domain Name Holder. Historical data can only be provided if available. 11.10. CZ.NIC is entitled, at its discretion, to optimise the information kept in the Central Register. For this purpose CZ.NIC is entitled to merge records concerning Contacts, Namserver Sets, and Key Sets differing only by an identifier. In the case that CZ.NIC performs such merger, all links of the merged elements to the Domain Names and their mutual relations will be preserved so that these links are transferred onto the element with which other elements have been merged with. The affected persons will be notified by CZ.NIC of such merger. 12. RIGHTS AND DUTIES OF CZ.NIC 12.1. Adhering to these Rules of Registration, the CZ.NIC association undertakes to 12.1.1. perform the Domain Name registration and maintain such a registration in compliance with defined conditions, 12.1.2. keep record of a registered Domain Name in the Central Register, 12.1.3. keep a record of the delegated Domain Name in the CZ zone; and 12.1.4. make every effort that may be reasonably required to ensure a fault-free and smooth operation of the Central Register and the primary name server. 12.2. CZ.NIC association is entitled to terminate, at its discretion, a Domain Name registration if 12.2.1. the information kept in relation to the Domain Name in the Central Register is untrue, incomplete or misleading, 12.2.2. no additional information is provided according to the article 11.4 or mailing address or the address of a representative under Article 11.5 within 15 days after sending the notice, 12.2.3. facts, on the basis of which the Domain Name was registered, change, for example if the Holder ceases to exist without any legal successor or dies without any heirs, 12.2.4. consent to the Rules of Registration or Rules of alternative settlement of disputes was not granted in compliance with these documents, 12.2.5. such right arises from other provisions of the Rules of Registration. 12.3. CZ.NIC association is entitled to accept technical measures aimed especially at limitation of the direct online operation endangering the stability of CZ.NIC systems, even if such measures lead or may lead to limitations of availability of the CZ.NIC services, functioning of the registered Domain Names, name servers etc. CZ.NIC association does not bear any responsibility for the damages incurred, but it is obliged to make every effort that may be reasonably required to terminate such measures as soon as possible. Rules of Domain Names Registration under ccTLD .cz Page 7 (total 10) 12.4. The cancellation of a Domain Name carried out by the CZ.NIC association pursuant to the Rules of Registration does not constitute any title to the return of any fulfilment accepted by the CZ.NIC association from the Holder or any other person in relation to the Domain Name whose registration is to be cancelled. 12.5. The CZ.NIC association is entitled to invalidate the delegation of the Domain Name at its own discretion if the same is used in a fashion that endangers the national or international computer security, particularly if through the Domain Name or through the services which are made available by the same a harmful content (especially viruses, malware) is distributed or if the content of a different service is masqueraded (especially phishing), or if the hardware that is made available through the Domain Name becomes a control centre of interlinked hardware network distributing the harmful content (especially botnet). The CZ.NIC association is entitled to invalidate the delegation of the Domain Name for a period of up to 1 month, even repeatedly; however the association is not obliged to actively seek the Domain Names which would fit the definitions mentioned hereinabove. Details concerning the examination of conditions for invalidation of the delegation and the procedure of invalidation are determined by CZ.NIC-CSIRT. The procedure taken under this provision cannot be used to enforce the protection of the third parties’ property rights against spam distribution if the conditions given in the first sentence of this provision are not fulfilled. 12.6. If these Rules of Registration imply the right or obligation of the CZ.NIC association to register, transfer, block or cancel the Domain Names, change other records in the Central Register or perform other acts, the CZ.NIC association is entitled to perform such acts even if the request for them has not been submitted through the Appointed Registrar. The CZ.NIC association is entitled to perform such act at the request of the Holder, a person named in the Central Register or other entitled persons submitted not through the Appointed Registrar even if such possibility is not expressly implied by the Rules of Registration. 12.7. If the CZ.NIC association charges the registration of the Domain Name under Article 16.44, such registration will not be performed should the price for such registration not be paid. 13. LIABILITY FOR DAMAGES 13.1. The Holder understands that the Domain Name, its registration or use may infringe third parties’ rights to other Domain Names, registered trademarks, trade names, names, business names, or legal regulations dealing with unfair competition, protection of person etc. Submitting an application for a Domain Name registration, the Holder confirms that being aware of the potential infringement of the above-specified rights and legal regulations, he/she has made every endeavour to a reasonable extent so as to make sure that no such rights and legal regulations are infringed by the registered Domain Name. The Holder is not entitled to use the Domain Name or make the name available for the purposes which are contrary to the legal regulations or rights or legitimate interests of the third parties. 13.2. The Holder shall be liable for damages caused to the CZ.NIC association by stating incorrect or misleading data or using a Domain Name contrary to the Rules of Registration or in a manner infringing third parties’ rights. 13.3. The CZ.NIC association is not in authority to assess the justice of any application for a Domain Name registration in terms of third parties’ rights or justified interests. 13.4. The Holder understands that the registration of a Domain Name does not constitute any protection against third parties’ objections to the registration or use of the Domain Name concerned. 13.5. CZ.NIC association does not bear any responsibility for use or non-use of the registered Domain Name, or the way the Domain Name is used. CZ.NIC association, in particular, does not bear any responsibility for the violation of copyrights, trademarks, names or trade companies of third parties resulting from the registration or use of the Domain Name. 13.6. CZ.NIC association does not bear any responsibility for the functioning of the name servers assigned to the Domain Name. 13.7. The aggregate liability for any damage incurred by the Holder in consequence of any act or failure to act by the CZ.NIC association in relation to a single Domain Name shall be limited to a sum of CZK 250,000. 14. MUTUAL COMMUNICATION 14.1. Communication between CZ.NIC and the Holder of the Domain Name is carried out primarily through the Appointed Registrar. In the event that CZ.NIC communicates directly with the Holder, it does so using the data which the Holder stated in the Central Register, where electronic means of communication is considered equivalent to communication via regular mail sent to the postal address. The Holder is obliged to ensure that he/she can be delivered mail via the e-mail address stated in the Central Register and have documents delivered at the postal address stated in the Central Register, Rules of Domain Names Registration under ccTLD .cz Page 8 (total 10) whereas the fact that mail could not be delivered to him/her using the data from the Central Register, is the responsibility of the Holder. 14.2. Communication between CZ.NIC and the Registrar is carried out in the way specified by the trading terms for Registrars. 14.3. Written communication according to these Rules of Registration is considered as preserved if carried out by wire or electronic means enabling the receipt of the content of such communication and identification of the persons conducting the communication. 15. RESOLUTION OF DISPUTES BETWEEN HOLDER AND CZ.NIC 15.1. Should the Holder and CZ.NIC fail to settle any mutual dispute pertaining to a Domain Name registered by the Holder and should the Holder file a motion to commence proceedings against the CZ.NIC association with the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, the CZ.NIC association shall accept the jurisdiction of the arbitration court provided that the arbitration will be conducted in Prague by three arbitrators in Czech according to the valid Rules of that arbitration court, excluding oral proceedings, and the arbitration award will be final and binding on both parties. 15.2. Other disputes between the Holder and the CZ.NIC association are subject to the jurisdiction of general courts of the Czech Republic. 16. RESOLUTION OF DISPUTES BETWEEN HOLDER AND THIRD PARTIES 16.1. The Holder is obliged to make every effort that may reasonably be required from him to achieve an amicable settlement of disputes concerning Domain Names and/or their registrations that might arise between the Holder and other persons. If the litigants do not settle the dispute in an amicable way, they are free to settle their dispute within the scope of valid legal regulations, i.e. through arbitration or municipal courts. 16.2. The Holder hereby makes a public arbitration bid in accordance with the Rules of alternative settlement of the disputes for all domain names of the Holder listed in the electronic database of the domain names in ccTLD .cz administered by CZ.NIC. 16.3. CZ.NIC will cancel the delegation and/or the registration of a Domain Name, transfer the Domain Name to a different person and suspend the option to transfer the Domain Name to another person if this is stipulated in an executable court order or administrative decision or award of an arbiter or arbitration court, even if CZ.NIC itself has not been a party to the proceeding, in which such a decision was made. The decision shall be presented to CZ.NIC in its original or officially certified copy with a clause attached that certifies its legal effect and enforceability (such a clause is not required in the case of injunctions). No act of CZ.NIC effected according to this article will give rise to an entitlement to a refund of any payments received by CZ.NIC from the Holder or any other person in connection with the Domain Name, to which such an act pertains. 16.4. In that event that decision under Article 16.3 imposes the obligation to cancel the registration of the Domain Name and, at the same time, does not impose the obligation to transfer the Domain Name, for 1 month after the cancellation of the registration of the Domain Name, the CZ.NIC association shall not allow the repeated registration of the same Domain Name to other person than the person who demanded the cancellation of registration against the Holder or the entity to which such person has transferred its right in writing. In the event that the person demanding the cancellation of registration or the entity to which such person has transferred that right applies for the registration of the Domain Name within the mentioned time limit, the CZ.NIC association shall register it for a period of 1 month and the Holder shall designate an Appointed Registrar for the Domain Name. 16.5. The CZ.NIC association shall suspend the possibility of transferring the Domain Name to another person and the possibility of cancelling the registration of the Domain Name (hereinafter collectively the “Blocking”) at the request of the person who has initiated the proceedings against the Holder, challenging the registration of the Domain Name by the Holder due to a violation of rights of that person. 16.5.1. The person requesting the Blocking shall document the initiation of the dispute by submitting a copy of the motion to institute the proceedings filed with the general court, arbitration court or arbitrator with the original stamp of filing date or the confirmation by that general court, arbitration court or arbitrator that the proceedings have been instituted or by an affirmative statement of the Holder about the institution of the proceedings. Rules of Domain Names Registration under ccTLD .cz Page 9 (total 10) 16.5.2. The person at whose request the Blocking has been performed shall be obliged to document at any time at the request of CZ.NIC and within 14 days of such request that the proceedings have not be terminated by the issue of a final decision; failing that, CZ.NIC may cancel the Blocking without undue delay. The same shall apply if the general court, arbitration court or arbitrator notifies CZ.NIC that the proceedings have been lawfully terminated or if the final termination of the proceedings is documented by the Holder. 16.5.3. The Blocking shall be performed for 4 months, which period cannot be extended. Before the expiry of this period, the Blocking shall be cancelled if the proceedings have been lawfully terminated. In the event that it has been lawfully ruled in the proceedings on the transfer of the Domain Name, CZ.NIC shall cancel the Blocking upon the notification of any of the parties to the proceedings and the submission of the copy of the respective ruling with a clause certifying its legal force and shall transfer the Domain Name in accordance with the decision. 16.5.4. The Blocking of the same Domain Name can be performed no sooner than after the expiry of 12 months after the termination of the previous Blocking of the respective Domain Name. 16.5.5. This shall be without prejudice to the right to apply for the issue of an interim order for the same purpose for which the Blocking is intended, or to propose the issue thereof after the expiry of the maximum period for which the Blocking can be performed. 16.5.6. The person at whose request the Blocking has been performed shall be liable for any damage incurred by the Holder or CZ.NIC as a result of the Blocking. 17. DOCUMENTS CHANGES 17.1. CZ.NIC is entitled to change the Rules of Registration as well as other relevant documents at any time. Current version of these documents is always available at http://www.nic.cz. 17.2. CZ.NIC is obliged to make public any changes of the documents stated in Article 17.1 at least 1 month before the effective date of such changes by publishing the change at http://www.nic.cz. Rules of Domain Names Registration under ccTLD .cz Page 10 (total 10) Appendix 1: Obligatory and concealable information in the records of the Domain Names, Contact, Namserver Sets and Key Sets Data name Data description Obligatory Concealable Domain Name Name Domain Name A Registrant Holder’s ID A NSSet Nameserver Set Admin Administrative ID Contact (list) KEYset Key Set Data name Data description Obligatory Concealable Contact Org Name of the company or organization Name Name A Email Email A A NotifyEmail Email notification A Voice Telephone A Fax Fax A Vat VAT (tax identifier) A Addr Address – street (list of 3 items maximum), city, ZIP code, country code A A* Ident Identification – a pair – type and number of the identifier (date of birth/identity card or passport/CIN/MPSV) A Data name Data description Obligatory Concealable Nameserver Set DNS DNS list (minimum are 2 items, list of 9 items maximum.) A TechAdmin Tech Contact (list) A Data name Data description Obligatory Concealable Key Set DNS key DNS key A TechAdmin Tech Contact (list) A Note: A = obligatory / concealable data empty field = optional / unconcealable data
- Concealing the Addr item for a Contact is possible only if the Contact is a physical person and, at the same time, if
(a) It is the so-called validated contact under the Rules for providing the mojeID service to end users, or (b) It is the so-called identified contact under the Rules for providing the mojeID service to end users, or © The identity of the Contact has been verified in another manner basically corresponding to the validation or identification under letters (a) and (b) as implemented by the CZ.NIC association.