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Terms and Conditions of the Registration and Management of
.IT Domains through HubNut Limited
The Terms and Conditions below are to protect our customers from the
activities of others and do not affect your rights
& obligations under the consumer protection laws currently in
force, including, but not limited to:
- The
Trade Descriptions Act 1968.
- The
Consumer Credit Act 1974.
- The
Sale of Goods Act 1979.
- The
Supply of Goods & Services Act 1982.
- The
Unfair Contract Terms Act 1977 & The 1994 Regulations.
- The
Consumer Protection Act 1987.
- Consumer
Protection (Distance Selling) Regulations 2000.

HubNut Limited acts as you agent
in the purchase and or management of .it domain names. As your agent
HubNut Limited:
-
will consider all submitted requests for domain name
registration and accept or reject them in accordance with guidelines set
by Naming Authority Italia.
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will upon acceptance of registration requests submit names
for registration and make full registration upon receipt of payment.
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will do all we can to ensure that the registrant's
details are submitted correctly during registration.
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will pay the initial
registration fee and renewal fees for the registration after receipt of
payment from the applicant.
As the domain applicant :
-
You agree that all details submitted in respect
of a domain name registration are true and correct and you
consent to your personal data being held on the
Register of .it Domain Names
-
You agree to forming a contract
in accordance with the terms below.
In addition:
-
Once a registration request has been
completed no refunds for the registration will be made by HubNut
Limited.
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HubNut Limited reserve the right to halt the
registration or transfer/release of a domain name if outstanding
monies are owed to them by the registrant.
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HubNut Limited process domain registration
requests on a first come, first served basis. Until the
registrant receives confirmation of registration from HubNut
Limited there is no guarantee that the domain name requested
will be registered.
-
HubNut Limited may cancel or halt domain name
registrations under certain circumstances, including a)
completion of the registration puts HubNut Limited in conflict
with guidelines set the .it naming authority b) HubNut Limited believe that
there may be conflicts of rights to a particular name.
-
The applicant indemnifies HubNut Limited from
any legal proceedings and costs that arise as a result of the
registration of a domain name.
.it Naming Rules
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SECTION
1 - Assignment Rules
1. PURPOSE
The present Rules contain the norms for the
assignment of domain names within the ccTLD
"it" (Italy), both for the Internet
Protocol Suite (IPS) standard and the Open
System Interconnection (OSI) standard.
The following Rules and the procedures which
constitute the base of the Registration
Authority Italiana (RA) operations are defined
by the Naming Authority Italiana (NA).
Declaratory note: the principal concepts and
terms used in these Rules, in the Technical
Registration Procedures and in the referenced
documents are described in a specially created
"Tutorial" available from the NA. The
tutorial is by no way part of the regulations
and cannot be used as a probe document; it is
made available to the readers for a purely
didactic informative purpose.
2. TASKS OF THE
REGISTRATION AUTHORITY ITALIANA
The RA manages and maintain the database of
domain names under the ccTLD "it",
also named as "Registro dei Nomi Assegnati"
(Assigned Names Registry) (RNA). The general RA
operating procedures are drawn from the ISO
9834-1, RFC1591 and ICANN ICP-1 specification,
and their subsequent updates.
The RA must verify that domain name assignment
requests conform to the Rules and Technical
Registration Procedures.
The RA provides for the registration and
assignment in use of the following objects
related to domain names within the ccTLD
"it" (ISO 3166), including the
geographic section:
| a) |
|
domain names
according to the ISO/IEC 10021 standard
and subsequent updates; |
| b) |
|
domain names
according to the IPS RFC822, RFC1034,
RFC1035 standards and subsequent
updates; |
| c) |
|
mapping rules
between the ISO/IEC 10021 (ITU X.400)
and IPS RFC822 standards according to
the IPS MIXER (RFC2156) standard and
subsequent updates; |
| d) |
|
"relative
distinguished names" according to
the ITU X.500 standard and subsequent
updates. |
3. DOMAIN NAMES
Domain names are assigned by the RA to
registrants following the requests chronological
order, as defined by the Technical Registration
Procedures
Domain names have the only purpose to identify
uniquely groups of objects (services, machines,
post boxes etc.) located on the net.
4. REGISTRATION
Domain names within the ccTLD "it" can
be assigned to subjects belonging to a member
state of the European Union. Associations
without VAT numbers or fiscal code (or
equivalent) and persons not owning a VAT number
(or equivalent) can register a single domain
name, only.
5. STRUCTURE OF THE
TREE OF ITALIAN DOMAIN NAMES
Domain names can be assigned directly under the
ccTLD "it" or else under the
predefined geographic structure.
The predefined geographic structure is
constructed with the names and abbreviations of
the Italian provinces and regions, as well,
under the provinces, as the names of Italian
councils.
The domain names which constitute the predefined
geographic structure form a hierarchical
container for other domain names (functionally
equivalent to a ccTLD or gTLD) and as such are
not assignable.
The complete geographic structure of the tree of
Italian domain names is given in the document
"Reserved Domain Names" available from
the NA.
6. REGISTRATION
OBLIGATION
For all domain names placed directly under the
ccTLD "it" or directly under the
predefined geographic structure registration
with the RA is obligatory.
7. RESERVED NAMES
Some domain names are reserved, and as such are
not assignable, or are assignable only to
predetermined subjects.
Domain names constituted by only one or two
characters are not assignable:
directly under the ccTLD "it" (IPS);
as a PRMD (ISO/IEC 10021) field;
as an Org (X.500) field;
The list of reserved domain names, given in the
document "Reserved Domain Names", is
an integral part of the present naming rules and
is available from the NA.
The domain names, listed in the reserved domain
names and belonging to the predefined geographic
structure registered in a date older than their
definition as reserved names, can be used by the
assignee for at maximum of one year after the
date they have been declared as reserved names.
Afterwards, these names will be used as
described into the naming rules and procedures.
8. Previous domain
names and bookings
Domain names cannot be booked.
A domain name assigned within the name space
under the ccTLD "it" cannot be
considered as prereserved in other positions of
the same name tree.
9. Assignment of a
domain name
The domain name assignment procedure concludes
when it is loaded into the RAN. This is effected
only when the RA has received all of the
documentation requested and the effective
functionality of the name has been verified,
i.e.:
the correct operation of the authoritative
nameservers of the domain name and the
accessibility of the "postmaster"
address for the domain name in the case of IPS
and ISO/IEC 10021; the correct operation and the
accessibility of the DSA in the case of ITU
X.500.
10. Transfer and
modification of an assigned domain name
A domain name can be transferred upon agreement
of the parties, or following a specific or
universal succession, or at the end of a
reassignment procedure run in accordance with
art.16. It is anyhow forbidden to forestall and
cybersquat domain names.
A suspended or challenged domain name according
to art.14 can be transferred only to the subject
that has submitted it to the challenge
procedure. Once the challenged status of a
domain name is over, the assignee can transfer
it to anybody.
Universal or specific succession cases excepted,
a modification request of an assigned domain
name, including the position change within the
Italian domain name tree, is considered in all
respects as a cancellation of the domain name
previously assigned joint with a new domain name
request.
11. Annulment of the
assignment of a domain name
The RA may annul the assignation of a domain
name only:
a) following
renunciation on the part of the assignee; or
b) officially
c) following
judicial sentence of arbitration decision.
11.1
Annulment as a result of
renunciation
Where annulment is a result of renunciation of
the domain name on the part of the assignee, if
requested by the assignee the RA is obliged to
ensure the maintenance of the old domain name
for a maximum period of six months.
11.2 Official
annulment
The RA officially annuls the assignment of a
domain name in the following cases:
shortcoming of the objective and subjective
elements which have determined the assignment of
a domain in the ccTLD "it", where
expected; failure to present the documents
requested by the RA according to article 13.3
below:
the non "visibility/accessibility" of
the objects belonging to the assigned domain
name for more than three months. Verification of
this lack of
"visibility/accessibility" must be
effected technically by the RA. In this case the
domain name cannot be reassigned to others
within a month from the date of annulment.
11.3 Annulment in view
of judicial sentence or arbitration decision
The RA annuls the assignment of a domain name in
view of a judicial sentence or arbitration
decision which establishes that the assignee did
not have rights to its use. A suspended domain
name cannot be reassigned for others until its
annulment.
A domain name annulled according to the
substance of the previous comma is immediately
rendered available for assignment to subjects
other that the previous assignee, except in the
case of explicit indication to the contrary
expressed within the judicial sentence or
arbitration decision.
12. Suspension of the
assignation of a domain name
The RA can suspend the assignation of a domain
name only:
a) on orders
from the authorities, or
b) upon request
by the assignee.
12.1 Suspension on
orders from the authorities
The RA suspends the assignation of a domain name
on orders from the judicial authorities noted to
them in legal terms, or cautionary precautions
communicated by the arbitration body, wherewith
the use of the domain name on the part of the
assignee is inhibited.
The domain name thus suspended is reactivated
for the original assignee only in view of an
executive proceeding on the part of the judicial
or arbitration authority rejecting the requests
of whomsoever disputed the legitimacy of its
use, or in view of the demonstration that the
procedure, in the ambit of which the suspension
order was issued, has been extinguished.
The domain name suspended in accordance with the
substance of the first comma of the present
article is revoked by the RA only in view of a
judicial sentence or arbitration decision which
confirms the act of suspension or declares that
the assignee did not have rights to its use.
12.2 Suspension upon
request of the assignee
The RA suspends a domain name upon request by
the assignee whose use of the same is disputed
judicially.
In this hypothesis, the RA is bound to
reactivate the domain name for the original
assignee upon request by the same.
13. Documentation for
the assignment of a domain name
The request for a new domain name is made by way
of an electronic form containing the technical
data necessary to its functionality and
operation forwarded by the provider/maintainer
of the domain name to the RA and a predefined
letter of assumption of responsibility forwarded
by the domain name requester.
The RA accepts assignment requests only when
accompanied by the above- mentioned
documentation, compiled in accordance with the
instructions.
13.1 Letter of
assumption of responsibility
The assignee of a domain name assumes full civil
and penal responsibility for the use of the
same. To this end the requester is obliged to
forward to the RA a letter of assumption of
responsibility (AR letter) according to the
format given by the RA.
In the AR letter the identification data of
the requester must be given. The requester must
also declare knowledge of the fundamental
principals of use of the resources and of the
Internet, the norms given by the NA and the
principles expressed in the document
"Netiquette" (available from the NA)
and must pledge to respect them.
In the AR letter, the requester may devolve the
controversies relative to the requested domain
name to the arbitration committee constituted by
the RA.
13.2 Verification of
the documentation
The RA, at its discretion, can request that it
be furnished with documents confirming
declarations made in the AR letter.
Such documents must be received by the RA within
30 days from the request.
13.3 Failure to
present the documents requested by the RA
It is the faculty of the RA to annul the
assignment of the domain name where:
the documentation is not received by the RA on
schedule; or the requester refuses to send the
documentation; or it emerges that the
declarations made by the requester do not
correspond to the truth.
13.4 Publication of
the forms and instructions
The RA is obliged to render public and maintain
on line on its own servers the models for the
forms and the letter of assumption of
responsibility, as well as the instructions for
the registration of domain names and further
necessary particulars.
SECTION 2 -
Resolution of Disputes
14. Disputation
Procedure
Anyone can dispute with the RA the domain names
assigned by it and in use in the RAN.
14.1 Introduction to
disputation
A dispute is begun by letter forwarded by
registered post to the RA by complainants
professing to have been the subject to prejudice
as a result of an object assigned in use to (an)
other(s).
The letter of dispute must contain the
generalities of the sender, the domain name
disputed, the reasons for the dispute, the
prejudice to which the sender has been subject
or the rights which are assumed by the same to
have been breached.
14.2 Procedures of the
Registration Authority in the instance of
dispute
In the presence of a dispute, the RA adds the
note "valore contestato/challenged
value" to the value contained in the RAN,
and notes there also the date of the beginning
of the dispute in a special file which, though
not accessible to the public, can be obtained on
request.
Furthermore, within 10 working days of receipt
of the dispute, the RA informs the assignee via
e-mail of the dispute, and invites both parties
to begin arbitration procedure in accordance
with article 15 or a domain name reassignment administrative procedure in accordance with
article 16,
The communication to the assignee of the object
disputed must contain all of the information
relevant to the dispute, including the data
unavailable for public access in the RAN.
The RA is obliged to furnish all of the data and
documentation relative to the object disputed to
the party who requests it, subject to repayment
of expenses.
14.3 Pending Dispute
The RA does not participate in the resolution of
a dispute, which, where it cannot be brought
about amicably, can be devolved by the
interested parties to the arbitration body, for
which see article 15, or by action of the
challenger activating an adrministrative
procedure as described in article 16. The RA is
not obliged to act in any further way until the
dispute has been resolved.
Pending dispute, the initiating party is obliged
to confirm to the RA at least once every six
months its wish to keep the dispute pending and
its continued interest in the object disputed.
Failing this, the RA will consider the dispute
resolved, unless it received communication of an
existing pending judgement, arbitration or
administrative procedure regarding that domain
name.
14.4 Dispute Resolved
The RA considers a dispute resolved in the
moment in which:
| 1) |
|
it receives a
communication to this effect from all of
the interested parties; or |
| 2) |
|
it receives an
arbitration decision from the president
of the arbitration body on the question
in conformance with the dictates of
article 15.6 of these rules; or |
| 3) |
|
it receives
notification of judicial sentence on the
part of the judicial authority, or
arbitration decision which resolves the
question; or |
| 4) |
|
it receives a
communication from the disputing party
declaring the intention to abandon the
dispute; or |
| 5) |
|
the previous
assignee of the object disputed
renounces the assignment; or |
| 6) |
|
one of the parties
offers proof of the extinction of the
judiciary procedure undertaken for the
resolution of the controversy; or |
| 7) |
|
two years pass
from the moment in which the dispute was
begun without any communication from the
disputing party reaffirming the
intention to maintain the dispute; or |
| 8) |
|
two years pass
from the last reaffirmation of intention
to maintain the dispute; or |
| 9) |
|
it receives the
decision statement about an
administrative procedure, as described in
art. 16, which transfers the domain name
to the challenger party; or |
| 10) |
|
it receives the
decision statement about an
administrative procedure, as described in
art. 16, which rejects the challenge. |
A resolved dispute cannot be reproposed by the
same parties for the same domain name, unless
the decision statement come as per the cases
numbered 9 and 10 above in this paragraph.
14.5 Effects of the
resolution of the dispute
Once the dispute has been resolved in accordance
with the substance of article 14.4, the RA:
| a) |
|
if the resolution
has come about
| * |
|
on
the basis of points
"4",
"6",
"7" or
"8" of article
14.4, or |
| * |
|
on
the basis of point
"10" of the
preceding article 14.4,
or |
| * |
|
on
the basis of points
"2" or
"3" of the
preceding article 14.4
and the sentence or
arbitration decision are
favourable to the
assignee resisting the
dispute, or |
| * |
|
on
the basis of point
"1" of the
preceding article 14.4
and the parties agree as
to the legitimacy of the
registration of the
assignee resisting the
dispute, then the RA
removes from the RNA the
note "valore
contestato/challenged
value" for the
domain name challenged; |
|
|
| b) |
|
if the resolution
has come about
| * |
|
on
the basis of points
"2" or
"3" of the
preceding article 14.4
and the sentence or
arbitration decision are
favourable to the
challenger, or |
| * |
|
on
the basis of point
"9" of the
preceding article 14.4,
or |
| * |
|
on
the basis of point
"1" of the
preceding article 14.4
and the parties agree as
to the illegitimacy of
the registration of the
assignee resisting the
dispute, or |
| * |
|
on
the basis of point
"5" of the
preceding article 14.4
then the RA removes the
assignment of the domain
name challenged; |
|
|
14.6 Reassignment of
the disputed and removed domain name
In the cases covered by point "b" of
the preceding article 14.5, the removal of the
domain name under dispute does not lead to its
automatic assignment to the party which
initiated the dispute.
Once the dispute has been resolved, the RA does
not render available the disputed domain name
for at least 30 days. The RA must also invite,
not more than 10 working days after the
resolution of the dispute, the disputing party
to begin normal procedure for the assignment of
the domain name. If the procedure is not
initiated within 30 days from the resolution of
the dispute, then the domain name cannot be
reassigned to any body which makes request for
it to the RA.
15. Arbitration
Committee
15.1 Arbitration
clause
Whomsoever requests a domain name with the RA
may engage, in the AR letter or in a successive
act, in the devolution to an informal arbitrator
of the eventual controversies connected to the
assignment of the domain name in question in
accordance with the present naming rules,
recognising as valid and binding the decisions
made by the arbitration body.
15.2 Constitution of
the arbitration body
An arbitration body is formed by the NA. The
committee is composed of those members of the NA
who have asked the president to be allowed to
take part, excluding the president, the
vice-president and the Executive Commettee
Director on duty.
The list of the arbiters nominated by the
Executive Committee who are members of the
arbitration committee is available from the
secretary of the NA.
15.3 Composition of
the arbitration body
The arbitration body is composed of three
arbiters who are members of the arbitration
committee; one member is chosen by each
disputing party while the third, who acts as
president of the arbitration body, is chosen by
the two aforechosen arbiters.
The party wishing to initiate arbitration
procedure is obliged to proceed with the
nomination of an arbiter via registered post
letter forwarded to the defendant, to the
arbiter nominated and to the President of the
NA. The letter must include the name of the
chosen arbiter among those who make up the
arbitration committee, the object of the
question to be submitted to the arbitration
body, the factual and legal reasons on which it
is founded, conclusions, domestic address and
e-mail address, as well as the invitation to the
other party to nominate an arbiter from the
members of the arbitration committee.
The party to whom the invitation to nominate an
arbiter is addressed is obliged to do so, in
accordance with the procedures given in the
previous comma, within 10 working days of
receipt. Failing this, the party submitting said
invitation may ask for the nomination to be made
by the President of the NA, who will proceed
with the nomination of an arbiter within 5
working days from the request. The nomination is
communicated to the parties via e-mail.
The party arbiters thus nominated choose the
president of the arbitration body within five
working days of the latest nomination on the
part of the disputing bodies. Where this choice
is not made in time the more diligent party may
ask for the nomination of the third arbiter to
be made by the President of the NA, who will
proceed with the nomination of an arbiter within
5 working days from the request. The nomination
is communicated to the parties via e-mail.
The arbitration body is considered constituted
from the day following the acceptance of the
task on the part of the president of the same
body.
The arbiters must come to a decision within 90
days of the constitution of the arbitration
body.
15.4 Procedure before
the arbitration body
The president of the body may nominate a
secretary to assist during the process and take
minutes of the sittings in which the parties or
their representatives are heard.
The arbitration body may regulate the process of
judgement in the manner it maintains most
appropriate, as long as respect for the
examination is assured. It is in all cases
obliged to concede a period not less than 10
working days to each party to present their
respective defences and documentation, and a
further period not less than 10 working days for
responses, as well as to convoke personally the
parties and hear them in examination where this
is requested by one or both of them. Before the
arbitration body either party may be represented
by another person, except where the arbitration
body deems it necessary for them to be heard in
person.
Communications of the arbitration body to the
parties, the exchange of minutes and responses
may take place via e-mail, except where the
parties explicitly request paper documentation,
or where it is necessary to exchange or examine
original documentation which cannot be
transmitted via e-mail.
15.5 Safeguarding
powers and instructors of the arbitration body
Where there are serious reasons, upon request
from one of the parties the arbitration body may
take safeguarding measures relative to the
domain name and to the assigned domain name
under dispute. The RA is obliged to put such
measures into place immediately.
Where instruction is necessary, the arbitration
body may delegate the proceedings of instruction
to one only of the arbiters. The RA is bound to
furnish the arbitration body with all of the
information requested.
15.6 Decision of the
arbitration body
The arbiters pass judgement according to equity,
in the quality of amicable components, on the
basis of the present naming rules and the
Italian ordination norms.
The president of the arbitration body informs
the parties, the President and Executive
Committee of the NA and the RA of the definitive
decision via registered post. The decisions of
the arbitration body are kept by the secretary
of the NA and are placed at the disposal of the
members of the arbitration body. The arbitration
decision is rendered public by the president of
the NA, except where the arbitration body, upon
request from one of the parties, decides to the
contrary.
The decision of the arbitration body is
unappealable.
The decisions of the arbitration body are put
into execution by the RA within five working
days of the receipt of the same.
15.7 Compensation of
the arbitration body and expenses.
Upon the decision, the arbiters liquidate their
compensation along with that of the secretary of
the body, charging them, partially or entirely,
to the losing party. On request of either one of
the parties, the body may order the losing party
to compensate, partially or in total, the
expenses sustained by the winning party,
determining them, if necessary, according to
fairness.
The compensation which the arbitration body
liquidates to the arbiters for the judgement
cannot be superior to half of the maximum set
out by the current forensic tariff at the moment
of the decision.
16. Disputed domain
name reassignment procedure
16.1 Enforceability of
procedure
The claimant may request that the registered
domains, which have been challenged under art.
14, undergo this Reassignment procedure.
The administrative procedure is applicable to
all domain names registered under the ccTLD
"it".
16.2 Nature of
procedure
The purpose of the procedure is to check the
entitlement to use or legal availability of the
domain name by the registrant, and that the
domain has not been registered and is not
maintained in bad faith.
The procedure is not of a jurisdictional nature,
and, as such, does not prevent the parties from
appealing, even at a later time, to the court of
law or arbitration as provided by art. 15 of the
naming rules.
16.3 Procedure,
arbitration and appeal to the court of law.
The procedure shall be enforced and administered
by special organisations, called the
"administrators", provided they fulfil
the requirements established by the Naming
Authority.
Those who challenge a domain name shall be
responsible for the selection of an
administrator to enforce and administer the
procedure. All costs related to the procedure
shall be the sole responsibility of those who
dispute a domain name.
The procedure cannot be started pending another
judgement related to the disputed domain name
before the ordinary judge or the board of
arbitrators, as provided by art.15 of the naming
rules. If a judgement is filed before the
ordinary judge or an arbitration procedure is
started as provided by art. 15 of the naming
rules pending the Procedure, then the Procedure
shall be extinguished.
16.4 Sources of
procedure
The Procedure shall be ruled by:
a) these naming
rules;
b) the rules
contained in the document "Domain name
reassignment procedure", which are an
integral part of the naming rules;
c) the optional
implementation provisions set forth by the
administrators and approved of to the purposes
of art.16.5, sub-section II, below.
16.5 Supervision of
administrators
The organisations under art. 16.3, sub-section
I, may adopt their own implementation provisions
for a better definition of the procedure. The
implementation provisions cannot conflict with
the naming rules and shall refer to such aspects
as fees, procedure length limits, set-up
directives, communication means between
administrators and boards, as well as all forms.
Such implementation provisions shall be approved
of by the Executive Committee.
The NA President shall be responsible for
checking the requirements of the organisations
which apply for the enforcement and
administration of a Procedure and for checking
the work of such organisations. If an
administrator repeatedly breaches the procedural
or merit rules, the NA President may exempt the
administrator from the administration of the
procedures.
16.6 Transfer of a
disputed domain name
The procedures shall cover any domain name with
respect to which a third party (hereinafter
referred to as the "claimant") states
the following:
a) that the
disputed domain name is the same or such as to
mislead with respect to a trade mark on which
the claimant claims rights, or with respect to
the claimant's name and surname; and that
b) the existing
assignee (hereinafter referred to as the
"defendant") has no right or title
with respect to the disputed domain name; and,
finally, that
c) the domain
name has been registered and is used in bad
faith.
If the claimant proves the co-existence of the
three conditions above, the disputed domain name
shall be transferred to the claimant.
With respect to the point b) above of this
article, the defendant shall be deemed as
entitled to the disputed domain name if the
defendant proves that:
1) before being
informed of the dispute, he used or objectively
got ready to use the domain name or a name
corresponding to the same to supply goods and
services to the public; or
2) that he is
known personally, as an association or
commercial organisation, with the name which
corresponds to the registered domain name, even
if he has not registered the related trade mark;
or
3) that he is
making lawful use of the domain name for
non-commercial purposes, or for commercial
purposes without the intention to mislead the
claimant's customers or breach the claimant's
registered trade mark.
16.7 Proof of
registration and maintenance of the domain in
bad faith
The following circumstances, if proved, shall be
considered as evidence of registration and use
of the domain in bad faith.
a) Any
circumstance which may cause the domain name to
be considered as having been registered for the
main purpose to sell, transfer the domain name
for use or otherwise, to the claimant (who holds
rights in the trade mark or name) or one of his
competitors, for a consideration, either money
or other, exceeding the costs reasonably
incurred into by the defendant for registration
and maintenance of the domain name;
b) The
circumstance of the domain having been
registered by the defendant in order to prevent
the holder of an identical trade mark from
registering such domain name as his own, and it
being used for activities which compete with the
claimant's activities;
c) The
circumstance of the domain name having been
registered by the defendant for the main purpose
of damaging a competitor's business or usurp the
claimant's name and surname;
d) The
circumstance of the domain name having been
expressly used to attract Internet users, for
profit, by originating reasons for confusing it
with the claimant's trade mark.
The listing above is only an example. The board
of arbitrators can, therefore, argue other
elements of bad faith in the registration and
use of the domain name, even from circumstances
other than those listed above.
16.8 Multiple
procedures
If multiple procedures are started with respect
to one domain name, those which have been
started after the first one shall be suspended
pending the outcome of the first one started. If
the first procedure started concludes with the
transfer of the disputed domain name to the
claimant, the other procedures shall be
extinguished.
16.9 Role of the
Naming Authority
The Naming Authority has no relation to the
procedure and shall not be responsible for the
work of the administrators which enforce the
procedures.
16.10 Publication of
deliberations
The list of pending procedurs and the
deliberations on the procedures shall be made
public in the web site of the Naming Authority
and in the web site of the administrator to
which the deliberating board belongs, unless
such board, under exceptional circumstances and
by taking justified measures, decides not to
publish all or part of it.
16.11 Enforcement of
deliberation
If the board decides that the disputed domain
name is to be reassigned, the board's
deliberation shall be enforced by the
Registration Authority, unless the latter
receives, within 15 days from reception of the
board's deliberation, a suitably documented
release from the defendant that the defendant
has filed legal proceedings or arbitration with
respect to the disputed domain name. In this
case, the rules under articles 15.5 and 14.6
shall apply.
The documented release described in the previous
sub-section must be supported within 10 days by
the photo-copy of the official act notification
introducing the judgement. In case the above
documentation is not produced within 10 days,or
if the judgment has started later than the terms
specified in the first sub-section, the RA shall
proceed with the domain name reassignemnt.
If the legal proceedings or arbitration filed by
the defendant are extinguished, the Registration
Authority shall enforce the board's deliberation
on the claimant's request.
16.12 Cost of
procedure
The cost of procedure shall amount to at least
400 euros (plus V.A.T., if applicable). 5% of
the cost shall belong to to NA, as a lump-sum
reimbursement of the costs incurred for the
enforcement of deliberations.
17. Procedure
administrators' requirements
17.1 Subjective
requirements
The Procedures may be enforced by public or
individual legal persons or by professional
firms incorporated in the European Union.
17.2 Submission of
applications
Applications for admission to the administration
of procedures shall be submitted to the
President of the Naming Authority, who shall
decide within 20 days from the submission of the
applications.
The application shall indicate:
a) The
administrator's name and legal representative;
b) Date of
incorporation;
c) Name and
address of the person in charge of the
administration of procedures;
d) The criteria
which have been and which shall be followed by
the administrator in the selection of his
arbitrators;
e) The
administrator's URL;
f) Number of
Procedures the administrator considers he will
be able to administrate monthly;
g) Cost of
Procedure in the event of a single-person board
or three-people board.
The administrator's application shall state the
following:
a) that the
administrator shall be subject to the rules laid
down by the Naming Authority and accepts any
variation that should be made to them over time;
b) that the
arbitrators listed are familiar with the naming
rules and the rules laid down for the
enforcement of the procedures;
c) that his
arbitrators are free to act on their own right
also with other administrators.
The application shall enclose the following:
a) A list of at
least 15 people, with the relevant
qualifications, who accept to act as arbitrators
in domain name reassignment procedures;
b) The text of
any enforcement rule that the administrator
intends to follow during the enforcement of the
Procedures.
c) the
arbitrators' acceptance of being included in the
list under point a) of this sub-section.
In submitting the application, the administrator
shall make accessible to the NA President the
URL where the indications contained in the
application and the annexes as per points a) and
b) of the sub-section above of this article are
published.
17.3 Acceptance of
application
The President of the Naming Authority shall
accept the applications and authorise the
administrators whose applications comply with
the provisions laid down by art. 17.2 and whose
enforcement rules, if any, do not conflict with
the naming rules.
The rejection of the application shall be
justified and shall not prevent the
administrator from submitting a new application.
If no negative decision is issued within 20 days
from submission of the application, the
application shall be considered as accepted.
17.4 Qualification for
administration of procedures
The acceptance of the application shall
authorise the applicant to administrate the
procedures. The administrator shall be
authorised to start working as such, provided he
publicly opens the URL, under art 17.2, last
sub-section, of the indications contained in the
applications and annexes under art. 17.2
sub-section IV, points a) and b).
17.5 Revocation of
qualification
The President of the Naming Authority shall
revoke the qualification for the administration
of procedures under the following circumstances:
a) the
administrator is subject to winding-up or
bankruptcy proceedings;
b) the number
of his arbitrators drops below 15;
c) the boards
are proved to have generally breached the
procedural rules;
d) the
information supplied in the application is
proved to be false. |
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