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UA ccTLD Policy
com.ua
net.ua
org.ua
dn.ua-donetsk.ua, kh.ua-kharkov.ua, lg.ua-lugansk.ua, zp.ua-zaporizhzhe.ua
dp.ua-dnepropetrovsk.ua

    1. A positive result of any attempt is a successful result of the checking on the whole. The checking is finished when the first positive result is achieved.

    2. In case none of the attempts of the checking within 24 hours is successful, the administrator refuses domain name delegation pursuant to Cl. 2.17.7. of the present Policy.

  1. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE REGISTRAR.

    1. The contract for provision of services connected with delegation of a domain name shall contain the precise and comprehensive description of services, which the registrar renders to the registrant in connection with the delegation of a domain name, the period of implementation of works and provision of services, the rights and obligations of the parties, the liability for inadequate or untimely fulfillment by the parties of their respective obligations, the term of validity of the contract and the procedure for its anticipatory repudiation.

    2. The contract between the registrant and registrar can be concluded both in written and in oral form.

    3. The registrar is obliged to assure the availability of the following essential provisions in the agreement with the registrant:

      1. The official statement of the registrant that to the best of the registrant's knowledge, neither the delegation to him of the domain name, nor the way of direct or indirect use of this domain name infringe the rights and legitimate interests of the third parties, including the intellectual property rights.

      2. The official statement of the registrant that the information about him, given by him to the registrar for the purpose of delegation of a domain name, in particular the contact information, is complete, truthful and exact. The registrant undertakes to inform the registrar on any and all changes to this information in due time, for the purpose of keeping the information complete, truthful and exact within the whole term of domain name delegation.

      3. The registrar's obligation to inform the registrant that non-compliance by the registrant with the requirements provided for by Cl. 6.3.2 of the present Policy is a gross violation of essential conditions of the contract and constitutes grounds for cancellation of the contract on the registrar's initiative as well as grounds for the public domain administrator to cancel the delegation of a domain name to the registrant.

      4. The registrar's obligation to explain to the registrant that all the information provided by him to the registrar for the purpose of domain name delegation will permanently be stored in the Base, and its actual state will be publicly accessible in real time through WHOIS or a similar service.

      5. The official statement of the registrant that he knows and understands the purpose of gathering, storage and publication of the information provided by him to the registrar, this information being indispensable for ensuring the process of domain name delegation, and also that he knows and agrees that the actual state of such information will be publicly accessible in real time through WHOIS or a similar service.

      6. The obligation of the registrar to provide the registrant with the required technical and consulting support with regard to the problems connected with the delegation and operation of a domain name.

    4. The contract between the registrant and the registrar shall provide for the arbitration agreement, which makes provisions for the parties' consent to the settlement of domain disputes subject to the procedure set forth in Article 9 of the present Policy.

    5. The contract between the registrant and the registrar shall provide for the procedure, which in case of cancellation of the contract ensures the transfer of the domain name delegated to the registrant under the service of another registrar without cancellation of the delegation of such domain name.

    6. The term of validity of the contract between the registrant and the registrar can not exceed two calendar years. After termination of such contract the registrant has the right to renew the contract with the same registrar or to conclude the contract with another registrar without cancellation of domain name delegation.

  1. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE PUBLIC DOMAIN ADMINISTRATOR.

    1. Under the contract between the registrar and the public domain administrator the latter undertakes to provide the registrar with the appropriate conditions for him to be able to render services related to delegation and technical support of domain names in this public domain.

    2. In order to ensure the equality of interests, competitiveness, transparency and public control, the administrator is obliged to conclude contracts of identical contents with all the registrars and to set identical conditions of reimbursement of expenses in relations with all the registrars.

    3. The contract between the registrar and the public domain administrator is to be concluded only in writing.

    4. Under the contract between the registrar and the public domain administrator the administrator is obliged:

      1. To take all actions necessary for administration and technical support of the public domain in an unprejudiced and honest manner, on the grounds of equality of interests of all the members of that part of the Ukrainian Internet community, in the interests of which this public domain is delegated, and with due regard to the interests of the global Internet community.

      2. To delegate domain names in the corresponding public domain in due time, in full conformity with the present Policy and the policy of this public domain, which were established as a result of a transparent procedure and with due regard to the requests of the Ukrainian Internet community, and published according to Cl. 2.3 of the present Policy.

      3. Within the whole term of validity of the contract to have at his disposal and to use for the purpose of fulfillment of his obligations to the registrars and the Internet community the systems of technical facilities and software (hereinafter - servers), which comply at least with the following requirements:

        1. At least three hardwarily separate domain name servers, which are physically located in different buildings with independent power supply, and permanently (24 hours per day, 365 days per year) connected to the Internet via dial-up IP-channels. IP-addresses of these servers shall belong to different autonomous Internet systems.

        2. An e-mail server permanently connected to the Internet servicing electronic mailboxes of the public domain administrator and technical administrators of this domain.

        3. A web-server permanently connected to the Internet that contains information about the public domain, the texts of its Policy and a model contract with the registrars.

      4. To keep all the information and documents given to him by the registrar for the purpose of delegation of domain names in the corresponding public domain in full scale and within the unlimited period of time, and in case or re-delegation of this public domain to surrender this information and documents to the .UA domain administrator.

      5. In case of contract termination or its anticipatory repudiation, to maintain delegation of domain names serviced by the registrar within the periods of time as specified in the Base in the corresponding records about these domain names.

      1. To provide the registrar with the necessary consulting support regarding the issues connected with delegation and operation of domain names.

      2. To furnish the registrar with the information necessary for authentication and authorization of the registrar as the person entitled to introduce changes to the Base pursuant to Cl. 4.9. of the present Policy.

    1. Under the contract between the registrar and the public domain administrator the registrar is obliged:

      1. To furnish the administrator with complete, truthful and exact information about himself, in particular with the contact information. The registrar undertakes to inform the administrator on any and all changes to this information in due time, for the purpose of keeping the information complete, truthful and exact within the whole term of validity of the contract.

      2. To conclude contracts with the registrants in full compliance with the requirements of Article 6 of the present Policy.

      3. Within the whole term of validity of the contract to have at his disposal and to use for the purpose of fulfillment of his obligations to the registrants and the Internet community the systems of technical facilities and software (hereinafter - servers), which comply at least with the following requirements:

        1. At least two hardwarily separate domain name servers, which are physically located in different buildings with independent power supply, and permanently (24 hours per day, 365 days per year) connected to the Internet via dial-up IP-channels. IP-addresses of these servers shall belong to different autonomous Internet systems.

        2. An e-mail server permanently connected to the Internet servicing electronic mailboxes of the registrar's personnel.

        3. A web-server permanently connected to the Internet that contains information about the registrar and his conditions of provision of services to the registrants.

      4. To keep all the information and documents given to him by the registrants for the purpose of delegation of domain names in full scale and within the periods of time as provided for by the corresponding contracts between the registrar and the registrants

      5. Subject to the conditions and procedure provided for by the contract, to reimburse the administrator for his expenses directly connected with fulfillment by the latter of his respective obligations under the contract.

    2. Under the contract between the registrant and the public domain administrator the administrator is entitled to the right:

      1. At any time within the whole term of validity of the contract to check if the registrar meets the requirements set forth in Cl. 7.5 of the present Policy, including to conduct selective technical checks of operation of domain names serviced by the registrar.

      2. In case of non-fulfillment or undue fulfillment by the registrar of the obligations provided for by Cl. 7.5 of the present Policy, in written form to demand elimination of such violations from the registrar within the period of time specified by the administrator.

      3. To demand cancellation of the contract in the following cases:

        1. in case of repeated non-fulfillment by the registrar of the obligations provided for by Cl. 7.5 of the present Policy;

        2. in case the registrar within the set period of time does not fulfill the administrator's requirements sent to him pursuant to Cl. 7.6.2 of the present Policy;

        3. in case of repeated non-fulfillment by the registrar of his respective obligations to the registrants, which is confirmed by the corresponding court decisions.

    3. The contract between the registrar and the public domain administrator shall contain a warning that neither the administrator of this public domain, nor the administrator of the .UA domain bears any responsibility for possible violations of rights and legitimate interests of the third parties owing to delegation of a domain name and/ or owing to incorporation of the information about the registrar, registrants and domain names into the Base.

    4. The contract between the registrar and the public domain administrator shall provide for the arbitration agreement, which makes provisions for the parties' consent to the settlement of domain disputes subject to the procedure set forth in Article 9 of the present Policy.

    5. The term of validity of the contract between the registrar and the public domain administrator is set by agreement of the parties.

  1. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE AGREEMENT BETWEEN THE PUBLIC DOMAIN ADMINISTRATOR AND THE .UA DOMAIN ADMINISTRATOR.

    1. Under the agreement between the public domain administrator and the .UA domain administrator the latter undertakes to ensure the appropriate conditions for delegation of domain names in the corresponding public domain.

    2. The agreement between the public domain administrator and the .UA domain administrator shall be concluded only in writing.

    3. Under the agreement between the public domain administrator and the .UA domain administrator the public domain administrator is obliged:

      1. To properly fulfil the obligations provided for by Cl. 7.4 of the present Policy;

      2. not less than 30 (thirty) calendar days before the delegation of the corresponding public domain to work out the policy of that public domain and submit it to the .UA domain administrator for approval and publication at the official web-site of the .UA domain available on the Internet at the following address: http://nic.net.ua, for public discussion. Such policy shall comply with the requirements of Cl. 1.13 of the present Policy.

      3. To introduce any changes to the policy of the corresponding public domain with exact adherence to the procedure provided for by Cl. 8.3.2 of the present Policy.

      4. To furnish the .UA domain administrator with complete, truthful and exact information about himself, in particular, with the contact information. The public domain administrator undertakes to inform the administrator on any and all changes to this information in due time, for the purpose of keeping the information complete, truthful and exact within the whole term of validity of the agreement.

      5. At least once per year to publish at the official web-site of the corresponding public domain a grounded forecast of his expenses directly connected with fulfillment by the administrator of this public domain of his obligations provided for by the present Policy, for the period of the next 12 (twelve) calendar months, and a forecast of the number of domain names that will be delegated in this public domain, as well as a report on the financial results for the last period. In this connection the public domain administrator shall adhere to the principles of reasonable sufficiency and take the opinion of the registrars and the results of the last periods into consideration. On the grounds on the aforesaid published forecasts the public domain administrator and the registrars determine the amount and terms of reimbursement of the administrator's expenses as provided for by Cl. 7.5.5 of the present Policy.

    4. The public domain administrator by way of conclusion of the corresponding written contracts is entitled to entrust other persons with fulfillment of all or a part of the technical requirements regarding the operation of this domain, which are provided for by the present Policy.

    5. Under the agreement between the public domain administrator and the .UA domain administrator the .UA domain administrator is entitled to the right:

      1. At any time within the whole term of validity of the contract to check if the public domain administrator meets the requirements set forth in Cl. 8.3 of the present Policy, including to conclude selective technical checks of operation of this public domain.

      2. In case of non-fulfillment or undue fulfillment by the public domain administrator of the obligations provided for by Cl. 8.3 of the present Policy, in written form to demand elimination of such violations from such administrator within the period of time specified by the .UA domain administrator.

      3. To demand cancellation of the agreement in the following cases:

        1. in case of repeated non-fulfillment by the public domain administrator of the obligations provided for by Cl. 8.3 of the present Policy;

        2. in case the public domain administrator within the set period of time does not fulfill the .UA domain administrator's requirements sent to him pursuant to Cl. 8.5.2 of the present Policy;

        3. in case of repeated non-fulfillment by the public domain administrator of his respective obligations to the registrants, which is confirmed by the corresponding court decisions.

    1. The agreement between the public domain administrator and the .UA domain administrator shall contain a warning that neither the administrator of this public domain, nor the administrator of the .UA domain bears any responsibility for possible violation of rights and legitimate interests of the third parties owing to delegation of a domain name and/ or owing to incorporation of the information about the registrars, registrants and domain names into the Base.

    2. The agreement between the public domain administrator and the .UA domain administrator shall provide for the arbitration agreement, which makes provisions for the parties' consent to the settlement of domain disputes subject to the procedure set forth in Article 9 of the present Policy.

    3. The term of validity of the agreement between the public domain administrator and the .UA domain administrator is set by agreement of the parties.

  1. RULES FOR RESOLUTION OF DOMAIN DISPUTES IN .THE UA DOMAIN

    1. The term "domain dispute" within the framework of the present Policy shall imply any dispute, which may arise in connection with the present Policy and its application, including in connection with delegation, re-delegation, cancellation of delegation, refusal of delegation and use of domain names in the .UA domain.

    2. Domain disputes shall be resolved by competent courts pursuant to the procedure, established by the current legislation of Ukraine.

    3. None of the administrators of any public domain in the .UA domain shall consider or resolve domain disputes.

    4. Domain disputes, in particular, may arise in the following cases:

      1. If a private domain name or its part delegated to the respondent is confusingly identical with or similar to the TM, in which the claimant has the rights.

      2. If the claimant considers that the respondent has no right to use the domain name or uses it in such a way that violates the rights and legitimate interests of the claimant.

      3. If the spelling or pronunciation of the domain name delegated to the respondent is a word or expression that dishonors or disrespects the claimant or is harmful to his business standing.

      1. If the spelling or pronunciation of the domain name or its part represents surnames, names or pseudonyms of the persons well known in Ukraine without their consent thereto.

9.4.5. In case of violation by the respondent of this Policy.

    1. If a public domain name, which is used according to its purpose, or its part is identical or confusingly similar to a certain TM, it shall not be considered a violation of the rights of the holder of the Certificate of registration of such TM.

    2. If a domain name or its part is identical or confusingly similar to a certain TM, it shall not be considered a violation of the rights of the holder of such TM in case the domain name was delegated to the registrant before the holder of the TM Registration Certificate obtained such Certificate.

    3. Pursuant to this Policy and the contracts, which are concluded in compliance with this Policy and which contain the corresponding arbitration agreements, the registrant, registrar and public domain administrator beforehand agree to consideration and resolution of domain disputes by one of the courts of arbitration acting pursuant to this Policy and their rules of procedure. The .UA domain administrator, public domain administrators and registrars at the request of such court are obliged to furnish this court with any and all information available at their disposal regarding the dispute, and are obliged to implement the duly drawn up decision of such court.

    4. The domain dispute is deemed to arise at the moment when the person specified in Cl. 9.11.4 of the present Policy receives a copy of the statement of claim. The domain dispute is deemed resolved at the moment when the same person receives a copy of the duly drawn up decision made by the competent court or a copy of the amicable agreement signed by the parties.

    5. From the moment when the domain dispute arises and till the moment of its resolution the administrator of the public domain, in which a disputed domain name is delegated, has the right at his own discretion to make interim decisions on issues of operation of such domain name, with the obligation to notify both parties to the dispute about that via electronic mail and by way of publication of the information about his decision at the official web-site of the corresponding public domain (see also CL. 4.19.7 and Cl. 4.19.8).

    6. The composition of the court of arbitration.

      1. The court of arbitration shall be formed pursuant to the procedure provided for by the present Policy, from among the persons possessing special knowledge necessary for resolution of the dispute. The person may be chosen by the arbitrator only with the consent of such person.

      2. The court of arbitration shall be formed out of three judges. Each of the parties to the dispute chooses one arbitrator pursuant to the procedure provided for by Cl. 9.11.2, 9.11.5, 9.12 of the present Policy. The arbitrators chosen by the parties pursuant to the procedure and within the period of time provided for by the rules of procedure of this court choose the third judge, which will act as the Chairman of the court of arbitration during consideration and resolution of the dispute.

      3. Replacement of judges during the course of arbitral proceedings of the dispute is not allowed.

    1. The procedure of reference to arbitration.

      1. A domain dispute may be submitted to the court of arbitration only after the parties took measures for settlement of the dispute by way of negotiations. If the claimant does not produce evidence that such measures were taken, in this case the statement of claim is not accepted for consideration and is returned to the claimant.

      2. The claimant communicates the statement of claim to the respondent by registered mail or by courier (against signature). The statement of claim shall contain:

        1. the date and the number of the statement of claim;

        2. the names of the parties, their postal details;

        3. the disputed domain name;

        4. the subject of the dispute;

        5. the claims of the claimant and their grounds, including evidence confirming the circumstances set forth in the statement of claim;

        6. the arbitrator chosen by the claimant;

        7. the list of documents annexed to the statement of claim;

      3. The copies of the following documents are annexed to the statement of claim:

        1. confirming the claimant's claims;

        2. confirming that the claimant took measures to settle the dispute by way of negotiations (a copy of the claim, evidence that it has been communicated to the respondent, a copy of the reply to the claim, in case such reply was received, hard copies of e-mail correspondence between the claimant and the respondent with regard to the domain dispute).

      4. A copy of the statement of claim (with annexes) is communicated to the administrator of the public domain, in which the disputed domain name is delegated. If the public domain administrator is one of the parties to the dispute, a copy of the statement of claim (with annexes) is communicated to the administrator of the public domain of a higher level, in which such public domain is delegated.

      5. Within 10 (ten) business days after the date of receipt of the statement of claim the respondent communicates to the claimant a written statement of defense on the merits of the dispute by registered mail or by courier (against signature), containing:

        1. its date and number;

        2. the names of the parties, their postal details;

        3. the disputed domain name;

        4. the respondent's objections on the merits of the dispute and their grounding, including the evidence that confirms the circumstances set forth in the statement of defense;

        5. the arbitrator chosen by the respondent;

        6. the list of documents, copies of which are annexed to the statement of defense, and to which the respondent refers as grounds for his objections on the merits of the dispute.

      6. A copy of the statement of defense to the statement of claim (with annexes) is communicated to the administrator of the public domain, in which the disputed domain name is delegated. If the public domain administrator is one of the parties to the dispute, a copy of the statement of defense (with annexes) is communicated to the administrator of the public domain of a higher level, in which such public domain is delegated.

    2. If within the period of time set forth by the present Policy (with an allowance for the time of postal circulation) the claimant did not send a statement of defense to the statement of claim pursuant to Cl. 9.11.5 and Cl.9.11.6. of the present Policy, in this case the public domain administrator, who has received a copy of the statement of claim, at his own discretion chooses an arbitrator instead of the respondent. After that the court continues arbitral proceedings of the case pursuant to the present Policy.

    3. If two arbitrators can not reach an agreement on the choice of the third arbitrator as it is provided for by Cl. 9.10.2. of the present Policy, in this case such arbitrator is appointed by the public domain administrator, who received a copy of the statement of claim, at the discretion of such public domain administrator. After that the court continues arbitral proceedings of the case pursuant to the present Policy.

    4. Decisions of the public domain administrator taken pursuant to Cl. 9.12 and Cl.9.13. of the present Policy, are not subject to appeal.

    5. The competence of the court of arbitration.

      1. The issue of the competence of the court of arbitration with regard to a specific dispute shall be solved by the court of arbitration pursuant to the present Policy and the rules of procedure of such court of arbitration.

      2. If the court of arbitration decides that it has no competence with regard to a particular dispute, in this case the proceeding in the case shall be terminated and the statement of claim returned to the claimant.

    6. The procedure of arbitration of the dispute.

      1. The court of arbitration conducts arbitral proceedings of the dispute with participation of the authorized representatives of the parties.

      2. The court of arbitration determines the day, time and place of arbitration of the domain dispute and notifies the parties in writing about that.

      3. The court of arbitration has the right:

        1. to demand from the parties, the .UA administrator, public domain administrators, registrars and other persons participating in the arbitral proceedings, to submit all documents and materials necessary for the arbitration of the dispute;

        2. to hear the witnesses invited by the parties;

        3. to provide for an expertise.

      4. If in order to ensure proper arbitration of the domain dispute another respondent is to be joined in the proceedings, the court of arbitration joins such respondent in the proceedings in case this respondent consents to the arbitration of the case. If the dispute can not be considered on the merits without joining of another respondent in the proceedings and such respondent did not consent to arbitration of the dispute, in this case the proceeding of the case shall be terminated and the statement of claim returned to the claimant.

      5. Conducting the arbitral proceedings of the dispute, the court of arbitration shall be guided by the current legislation of Ukraine and the present Policy.

      6. The court of arbitration shall consider and resolve the dispute pursuant to the procedure provided for by its rules of procedure.

    7. The award of the court of arbitration.

      1. The award of the court of arbitration shall be made in writing and signed by all arbitrators.

      2. The award of the court of arbitration shall include: the date when the award was made; the composition of the court of arbitration; the place of arbitration; the names of the parties to the dispute and their representatives that participated in the arbitral proceedings; the disputed domain name; the merits of the dispute; the explanations of the parties on the merits of the dispute; the reasons upon which the award is based; the conclusion whether the claimant's demands are satisfied or rejected; the term and procedure of implementation of the award.

      3. After the award of the court of arbitration is made, a copy of this award signed by the arbitrators shall be communicated to each of the parties, as well as to the administrator of the public domain, to which the disputed domain name belongs.

      4. The award of the court of arbitration may be appealed against by the interested persons pursuant to the procedure provided for by the current legislation of Ukraine.

    8. The implementation of the award of the court of arbitration.

      1. The parties shall implement the award of the court of arbitration voluntary and within the set period of time.

      2. The award of the court of arbitration shall be binding on the administrator of the public domain, in which the disputed domain name is delegated, within the competence of such administrator determined by the present Policy, within the period of time specified in the award but not less than 10 (ten) business days.

      3. The award of the court of arbitration, which was not implemented within the set period of time, shall be implemented pursuant to the procedure provided for by the current legislation of Ukraine.

    9. Other provisions.

      1. The administrator of the public domain, in which the disputed domain name is delegated, and the .UA administrator shall not participate in any domain disputes arising between other persons, and shall not be members to the court of arbitration. They also shall not bear any responsibility for consequences of implementation of any duly drawn up court decision.

      2. Expenses related to the arbitral proceedings of the case in the court of arbitration, including the arbitrators' fees, shall be reimbursed by the parties to the dispute pursuant to the procedure and at the rates provided for by the rules of procedure on the corresponding court of arbitration.

10. THE LIST OF REFERENCES

    1. STD1 (RFC#2800) Internet Official Protocol Standards.

http://www.rfc-editor.org/rfc/rfc2800.txt

    1. STD0013 (RFC#1034) Domain names - concepts and facilities

http://www.rfc-editor.org/rfc/std/std13.txt

    1. RFC#1035 Domain names - implementation and specification.

http://www.rfc-editor.org/rfc/rfc1035.txt

    1. RFC#1123 Requirements for Internet Hosts -- Application and Support. http://www.rfc-editor.org/rfc/rfc1123.txt

    2. RFC#1591 Domain Name System Structure and Delegation.

http://www.rfc-editor.org/rfc/rfc1591.txt

    1. ICP-1: Internet Domain Name System Structure and Delegation. http://www.icann.org/icp/icp-1.htm

    2. UDRP ICANN Uniform Domain-Name Dispute-Resolution Policy.

http://www.icann.org/udrp/udrp.htm

    1. USDoC98 Management of Internet Names and Addresses. http://www.icann.org/general/white-paper-05jun98.htm

    2. RFC#1032 Domain administrators guide.

http://www.ietf.org/rfc/rfc1032.txt

    1. CENTR Best Practice Guidelines for ccTLD Managers. http://www.centr.org/docs/legal/best-practice.html

    2. WIPO ccTLD Best Practices for the Prevention and Resolution of Intellectual Property Disputes.

http://ecommerce.wipo.int/domains/cctlds/bestpractices/bestpractices.pdf


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