REGULATIONS FOR THE MANAGEMENT OF INTERNET DOMAINS IN ARGENTINA

Transcription

1 Resolution 110/2016 (ANNEX I) REGULATIONS FOR THE MANAGEMENT OF INTERNET DOMAINS IN ARGENTINA GENERAL PRINCIPLES ARTICLE 1 NIC Argentina is the acronym that identifies the NATIONAL BOARD OF INTERNET DOMAINS REGISTRATION at the TECHNICAL UNDER SECRETARY of the LEGAL AND TECHNICAL SECRETARIAT of the PRESIDENT S OFFICE as the Argentine Upper Level INTERNET Domain (.AR) Manager. ARTICLE 2 NIC Argentina will carry out the registration of Internet domain names, from here on out domain names, in the zones to be determined, applied for pursuant to the applicable rules and procedures, excepting the zone called.edu.ar, which will be managed by the ASSOCIATION NETWORKS OF UNIVERSITY INTERCONNECTION ARIU (according to the acronym in Spanish). ARTICLE 3 The User registering a domain name will be considered its Owner, stating acknowledgement and mandatory acceptance of the regulations and procedures in force, assuming the registration is not carried out in bad faith, with an illegal purpose, or affecting or harming other Users or third parties. ARTICLE 4 NIC Argentina may request the complementary documentation deemed necessary in order to register a User, a domain name and/or the resolution of a dispute. Said documentation must be delivered within the period to be opportunely determined. ARTICLE 5 The information supplied to NIC Argentina will be in nature of a SWORN STATEMENT. If this information is found to contain false data, some of the penalties provided for in the present regulations may be applied. ARTICLE 6 NIC Argentina may charge fees for all of the domain name registration procedures, which are understood as: Registrations, Renovations, Transfers, and Disputes. Lack of pertinent payment will inevitably cause cancellation of the initiated procedures and, in the case of renovations, automatic revokement of the respective registrations. Under no circumstances will the paid fee be reimbursed when the corresponding procedure does not continue due to the User s responsibility. ARTICLE 7 NIC Argentina, except through the process of Disputes expressly provided for in the present Regulations, will not intervene in the conflicts that may arise between Users and/or third parties, regarding the registration or use of a domain name. ARTICLE 8 NIC Argentina may revoke registration of a domain name when deemed convenient for technical or service reasons, or when unfulfillment of the present regulations is verified. ARTICLE 9 The valid characters for a domain name will be the letters of the Spanish and Portuguese alphabets (including ñ and ç respectively), vowels with accent marks and dieresis, numbers, and the hyphen -. Domain names that cannot be registered are those starting with the characters xn-- (ex en hyphen hyphen), or starting or ending with the character - (hyphen). ARTICLE 10 The minimum and maximum amount of characters comprising a domain name to be registered must be FOUR (4) and FIFTY (50) respectively, not including those corresponding to the relevant zone. Only as a duly founded exception will lower or higher amounts be allowed, and their granting or possible renovation will be decided by NIC Argentina.

2 ARTICLE 11 All notices that take place in the platform TAD Trámite a Distancia (Online procedures)- will be considered valid for all legal purposes. ARTICLE 12 The rules in the National Law of Administrative Proceedings (Law No and its amendments) and in the Regulations of Administrative Proceedings will be of supplementary use. Decree 1759/72 of 1991 CHAPTER I: OF REGISTRATION ARTICLE 13 The registration of a domain name will be granted to the legal entity or the human person of age that first requests it, with the exceptions noted in the present regulations, previous registration as User in the NIC Argentina system through the platform TAD Trámite a Distancia (online procedure)- and acceptance of their terms and conditions. ARTICLE 14 Every User may assign other User as his Representative through the Manager of Tax ID Relationships of the Internal Revenue Service (AFIP), delegating to it his faculties and responsibilities before the NIC Argentina system. ARTICLE 15 Domain name registrations and transfers will be published in the OFFICIAL GAZETTE OF THE ARGENTINE REPUBLIC Fourth Section INTERNET DOMAINS - web edition, during TWO (2) days. The cost of publication will be included in the fee determined for said procedures. ARTICLE 16 NIC Argentina may reject or revoke, without need of previous question, respectively, domain name applications or registrations if considered offensive, discriminating, or contrary to law, morals or good standards, or enabling confusion, fraud, or identity theft. ARTICLE 17 A domain name registration will be valid for ONE (1) year counting since the date of registration, and may be renewed periodically. Since the date of expiration, there will be a grace period of THIRTY (30) consecutive days with active delegation and FIFTEEN (15) more consecutive days, during which the delegation service for DNS servers will not be available, while maintaining its ownership. ARTICLE 18 The Owner of a domain name or its Representative authorized to that effect, may carry out the renewal procedure within THIRTY (30) days before its expiration and up to the last day of the grace period noted in Article 17. Lack of renovation will automatically cause loss of the registration. ARTICLE 19 A domain name registration may be withdrawn at the discretion of the Owner or his Representative authorized to that effect, a court decision, or administrative authority. CHAPTER II: OF TRANSFERS ARTICLE 20 Domain name registrations may be transferred by their Owner or Representative authorized to that effect Applicant- to other User Recipient- of NIC Argentina, through the TAD platform. ARTICLE 21 Transfers may not be carried out during a renewal grace period, during a dispute, when there is a court or administrative order on the domain name, or when it has been subjected to some of the penalties established in Article 17 of the present regulations. ARTICLE 22 The transfer will be effective since the acceptance of the application by the Recipient and once the corresponding fee has been paid. The registration by transfer will be considered the registration date and will have the validity period established in Article 17 of the present regulations.

3 ARTICLE 23 In case of death of a domain name Owner, NIC Argentina will allow, only once, the registration renewal in the name of the originator requested by a third party who presents proof of connection with the deceased owner. Likewise, any person who presents irrefutable proof of his condition of successor-in-interest may request NIC Argentina the transfer to his name, assuming exclusive liability for damages and/or impact on rights that the transfer may cause. CHAPTER III: OF DISPUTES ARTICLE 24 Every User that considers that he has a paramount right or legitimate interest regarding ownership of a domain name may dispute its registration by means of the procedure provided for in the present Chapter. ARTICLE 25 Disputes over the ownership of a domain name may be brought via the TAD platform since the moment of registration. No more than one procedure will be carried out simultaneously over the same registration. ARTICLE 26 The dispute procedure will be considered initiated, with the resulting consequences, after payment of the corresponding fee. The applicant, within SEVENTY TWO (72) working hours, counting since payment of the fee, must submit via the TAD platform all documentation he may use as proof of his paramount right or legitimate interest in the disputed domain name registration. If said period expires without the procedure being complete, NIC Argentina will resolve the dismissal of the dispute application. ARTICLE 27 Once complied with the requirements established above, the Owner and, if pertinent, the Representative, of the disputed domain will be notified through the TAD platform of the dispute application along with the submitted documentation, and he will have TEN (10) working days to submit his deposition. In the case the User owner of the disputed domain is not registered in said platform, the aforementioned notification will be sent, for the only time, to the address associated to his NIC Argentina user, requiring him to register in the platform. Said deposition must be done through the TAD platform, along with all documentation on which he may base his paramount right or legitimate interest. ARTICLE 28 The period aforementioned to answer the dispute may be extended once and for an equal term, upon request of the interested party invoking sufficient motives. Without prejudice to that, NIC Argentina may extend said period ex officio when there exist conditions that justify it. ARTICLE 29 Once the dispute is answered, NIC Argentina will resolve, prior intervention of the competent areas. ARTICLE 30 In the case the period expires without the Owner or the Representative authorized to that effect having submitted the pertinent deposition, despite being duly notified, NIC Argentina will resolve in accordance with the documentation appearing in the records. ARTICLE 31 In the events provided for in Articles 29 and 30, the resolution will be notified to the parties, who may appeal it in accordance with provisions in the Regulations of Administrative Proceedings. Decree 1759/72 of ARTICLE 32 In all the cases, the parties assume responsibility for the authenticity of the submitted documentation. CHAPTER IV: OF LIABILITIES ARTICLE 33 NIC Argentina will be exempt from direct or indirect damages that may arise from the use or access to its web site, and may modify it in any moment without any prior notification or condition. ARTICLE 34 The Owner s or the Representative s liability is objective and independent from civil or penal liability that may arise from actions or omissions comprising the infraction or irregularity. ARTICLE 35 The granting of a domain name registration does not imply that NIC Argentina assumes any liability regarding its content or its use.

4 ARTICLE 36 NIC Argentina will not be liable for the possible business interruption, nor for damages and losses of any nature that may arise from the refusal of an application, the repeal or loss of a domain registration or failure in the domain name registration service and/or the DNS service. ARTICLE 37 NIC Argentina will not become liable for the conflicts that may arise from a domain name registration regarding trademarks and/or intellectual property rights. CHAPTER V: OF PENALTIES ARTICLE 38 NIC Argentina may disable or unregister Users and/or suspend active delegation and/or management of the domain or domains that said Users may have registered when these might generate possible actions damaging third parties, and is authorized to file the corresponding report before the competent organizations.

5 Provision 153 E/2016 (APPENDIX I) DOMAIN NAME REGISTRATION ZONES IN THE UPPER LEVEL DOMAIN.AR. REQUIREMENTS ZONES REQUIREMENTS.com.ar CUIT and Tax ID. Free registration..net.ar CUIT and Tax ID. Free registration..tur.ar CUIT and Tax ID. Authorization by the National Ministry of Tourism to operate as trips and tourism companies or ticket agencies. Organizations and entities which may likewise register are those belonging to the National, Provincial, Municipal and Buenos Aires Autonomous City Government, of the Argentine Republic and have competence in tourism development..gob.ar CUIT and Tax ID. Organizations and entities belonging to the National, Provincial, Municipal and Buenos Aires Autonomous City Government, of the Argentine Republic..gov.ar CUIT and Tax ID. Only will be authorized domain name renewals, already registered by organizations and entities belonging to the National, Provincial, Municipal and Buenos Aires Autonomous City Government, of the Argentine Republic..org.ar CUIT and Tax ID. Non-profit organizations duly registered, both in the Argentine Republic and abroad..mil.ar CUIT and Tax ID. Entities belonging to the Armed Forces of the Argentine Republic..int.ar CUIT and Tax ID. Entities that are foreign representations or international organizations with an office in the Argentine Republic duly accredited before the Ministry of Foreign Affairs and Worship of the Argentine Nation or other competent organization..musica.ar CUIT and Tax ID. Those enrolled in the Single Registry of National Soloist Musicians and Musical Groups, or in the Registry of Musical Activity of the National Music Institute.