Version no. 08 of 1 December 2003 RULES FOR REGISTERING, ADMINISTERING AND RESOLVING CONFLICTS IN CONNECTION WITH DOMAIN NAMES UNDER THE .DK TOP LEVEL DOMAIN 1. General rules 1.1. Purpose The purpose of these rules is to create unambiguous criteria for assigning, registering, administrating and resolving conflicts in rights of use to second-level Domain Names under the .dk Domain and to ensure that the domain name service for second-level Domain Names under the .dk Domain functions as efficiently and transparently as possible. 1.2. Overview The rules consist of: • Section 1. General rules • Section 2. General conditions for assigning rights of use to Domain Names • Section 3. The activities of the Registrar and the Zone Contact under the .dk Domain • Section 4. Special rules regarding certain Domain Names • Section 5. Hearing of disputes concerning Domain Names 1.3. Basis a. The rules are issued by Dansk Internet Forum which has been given the responsibility for assigning and registering rights of use to Internet Domain Names under the .dk Domain. The rules may at any time be amended by Dansk Internet Forum, including in respect of Domain Names which have already been registered. At all times, the latest version will be published on the website www.difo.dk. Dansk Internet Forum and DK Hostmaster shall publish changes to the rules on the websites www.difo.dk and www.dk-hostmaster.dk one month before the changes come into effect. b. The character set for Danish Domain Names will at all times be made publicly available via the websites www.difo.dk and www.dk-hostmaster.dk. The character set may be extended by DK Hostmaster after consultation with DIFO with at least one month's notice. Before the change comes into effect it shall be ensured that the new character set is supported by robust technical solutions. To the extent that justifiable doubt can be raised to the contrary, the public shall be given the opportunity to comment on such proposed changes. 1.4. Definitions a. Dansk Internet Forum, hereinafter referred to as DIFO: The body which, by delegation from IANA/ICANN, has the responsibility for registering and implementing Internet Domain Names under the .dk Domain. 1
b. DK Hostmaster A/S, hereinafter referred to as DK Hostmaster: DK Hostmaster is a limited company, wholly owned by DIFO. DK Hostmaster, by delegation from DIFO, acts as a hostmaster by registering and delegating rights of use to second-level Domain Names under the .dk Domain. c. Complaints Board for Domain Names: The body that in accordance with section 5 of these rules has the competence to hear disputes regarding Domain Names under the .dk Domain. d. IANA/ICANN: International organisation established on the basis of private law which seeks to co-ordinate certain international Internet activities with particular reference to top level domain names. e. Registered User: A natural or legal person who, after registration with DK Hostmaster via a Registrar, has acquired the right to Use a Domain Name on the Internet. f. User: See Registered User. g. Registrar: A natural or legal person who has been approved by DK Hostmaster to register second-level Domain Names under the .dk Domain for himself or herself or others. h. Zone Contact: A natural or legal person registered by DK Hostmaster as the contact person responsible for one or more name servers approved by DK Hostmaster. i. Domain Name: A designation comprising letters and characters contained in the character set for Danish Domain Names. The maximum number of characters in a Domain Name is stipulated together with the character set for Danish Domain Names. j. Domain: A Domain constitutes a delimited part of the Internet as a whole. A Domain is most frequently identified by means of a Domain Name. In addition to what is described by its Domain Name, the Domain comprises all underlying Domain Names. k. Use of a Domain Name: Use of a Domain Name is understood to mean that there shall continuously be at least two active name servers linked to the Domain Name. l. Active Utilisation: The holder of the right of use can utilise a Domain Name actively by, for example, operating a website or mail service. m. Domain Check: The check carried out on the Registered User's Domain and servers that DK Hostmaster is entitled to perform in accordance with item 3.2. n. DNS test: The investigation of the Registrar's or the Zone Contact's main domain which is carried out by DK Hostmaster by reviewing one or more zones for the purpose of validation, cf. item 3.1 of these rules. o. Verification Address: An e-mail address, valid at all times and reported to DK Hostmaster by the Registered User, of the Registered User’s proxy for the use of DK Hostmaster in obtaining the Registered User's consent to changes in and renewal of the Registered User's 2
domain name registration. p. Invoice Address: An e-mail address, valid at all times and reported to DK Hostmaster by the Registered User, for the use of DK Hostmaster in forwarding invoices for the renewal of domain name registration. 1.5. Venue and governing law a. The Maritime and Commercial Court in Copenhagen shall be the legal venue of all claims against DIFO and/or DK Hostmaster arising from these rules and which are not subject to the conflict resolution procedure in section 5. b. Cases arising as a consequence of these rules shall be settled on the basis of Danish law and Danish principles of statutory interpretation. 2. General conditions for assigning rights of use to Domain Names 2.1. Assignment and registration of rights of use to Domain Names a. The right to use a Domain Name under the .dk Domain is acquired by entering into an agreement thereon with DK Hostmaster. b. DK Hostmaster assigns and registers rights of use to Domain Names under the .dk Domain on a 'first come, first served' basis. c. DK Hostmaster can only assign and register a right of use to a Domain Name if • The information in the application is correct. • The applicant vouches for the conditions described under item 2.2 c. by, following approval of the application, activating a name service for the Domain Name applied for via DK Hostmaster’s website. • The application for registering a right to use a Domain Name is made via an approved Registrar. 2.2. Procedure for assigning and registering a right of use to a Domain Name a. A natural or legal person who seeks a right of use to a Domain Name shall make a written application to DK Hostmaster via a Registrar. The Registrar shall forward the application to DK Hostmaster on an electronic application form defined by DK Hostmaster. Before submission, the Registrar shall test for active name service for the Domain Name on at least two name servers approved by DK Hostmaster. The test shall be performed via the www.dk-hostmaster.dk website (under DNS Look-up). DK Hostmaster registers the sequence in which applications arrive with the aid of a tracking number. On receiving the application DK Hostmaster forwards the tracking number to the Registrar as a receipt and evidence of the application's serial number. b. The applicant shall provide the following information on the application: • The Domain Name applied for. • The applicant's name, type of company, where applicable, address and telephone number.
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• The name, address and telephone number of the applicant’s proxy. • Valid and active e-mail addresses for both the applicant and his or her proxy. • A valid and active e-mail address to use for invoicing of fees to renew the registration. c. Acknowledgement of and agreement to rules set out by DIFO at any time Through his or her subsequent activation, cf. 2.2.d, of a name service for the Domain Name via DK Hostmaster’s website, the applicant warrants that the applicant's Use or Active Utilisation of the Domain Name does not infringe any third party's name or trademark rights, and that the applicant is not aware that the use is otherwise contrary to Danish law. The applicant also accepts that he or she is subject to the rules set out by DIFO at any time and that he or she shall accept decisions by the Complaints Board appointed by DIFO. d. Assignment and registration If, after referring to its database, DK Hostmaster ascertains that the Domain Name applied for is not registered and that the conditions for registration have otherwise been fulfilled, DK Hostmaster will assign the right of use to the Domain Name to the applicant, when and if the applicant activates the Domain Name within at most three months of the notification from DK Hostmaster. e. DK Hostmaster may set out more detailed rules for the use of digital signatures in the application process. 2.3. Fees and extension of right of use a. The Registrar shall, on the applicant's behalf, pay a fee of currently DKK 60 excl. VAT to DK Hostmaster. The fee covers the usage charge for the Domain Name for the first period of use, which runs from date of assignment for the rest of the calendar month and for an entire year thereafter. b. One month before expiry of the period of use at the latest, DK Hostmaster shall send via e-mail to the invoice address given by the User an invoice for renewal of the registration (usage charge) for the Domain Name for the next complete year for currently DKK 60 excl. VAT. If the User wishes to receive a physical invoice, DK Hostmaster may invoice this additional service at DKK 10 excl. VAT. The User or his or her proxy acknowledges by means of payment of the usage charge any rules set out by DIFO at any time concerning the registration, administration and resolution of conflicts relating to Domain Names under the .dk Domain. c. Payment of the fee should be made via PBS, or other electronic medium prescribed by DK Hostmaster. d. If the User or his or her proxy does not pay the fee for the renewal of the right of use to the Domain Name, DK Hostmaster can cancel the agreement and withdraw the right of use by deleting the Domain Name in accordance with the rules under item 2.4.1
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2.4. Right of cancellation and changing of domain name registration 2.4.1. DK Hostmaster's right of cancellation and termination a. DK Hostmaster can cancel the agreement with the holder of a right of use and withdraw the right of use by deleting the registration of a Domain Name, if the holder of the right of use or his or her proxy fails to make the outstanding payments connected with the registration. Deletion of a Domain Name due to non-payment of amounts due is a last step in DK Hostmaster's reminder and warning procedure applicable at any time. b. DK Hostmaster can cancel the agreement with the holder of a right of use and withdraw the right of use by deleting the registration of a Domain Name, if the holder of a right of use fails to comply with a request from DK Hostmaster as described in item 2.8. c. DK Hostmaster can cancel the agreement with the holder of a right of use and withdraw the right of use by deleting the registration of a Domain Name, if the Registered User fails to maintain a DNS service for the Domain Name comprising at least two name servers approved by DK Hostmaster. d. DK Hostmaster shall cancel the agreement with the holder of a right of use and withdraw the right of use by deleting or changing the registration of a Domain Name, if a judicial decision to this effect has been made by a Danish or foreign court of law or an arbitration tribunal, or if a competent public authority has issued a valid order to this effect. e. In consultation with the board of directors, the managing director of DK Hostmaster shall cancel the agreement with the holder of a right of use and withdraw the right of use by deleting or changing the registration of a Domain Name, if a request to this effect has been made by a legally competent public authority and the Domain Name is manifestly being used or actively utilised contrary to Danish legislation. f. DK Hostmaster shall implement decisions made by the Complaints Board for Domain Names. g. DK Hostmaster shall cancel the agreement with the holder of a right of use by deleting or changing the registration of a Domain Name, if the board of directors of DIFO have made a unanimous decision to this effect and this decision has not been brought before a Danish court of law within 30 days of the Registered User being informed of the decision. h. DK Hostmaster can terminate the agreement with the holder of a right of use, if DK Hostmaster ceases its hostmaster function for the .dk Domain. If DK Hostmaster terminates the agreement with the holder of a right of use before expiry of the period of use, this shall not entail a reimbursement of usage charges paid for the Domain Name. i. DK Hostmaster sends notification concerning termination of the agreement by electronic mail to the last Verification Address provided by the Registered User to DK Hostmaster. If it is not possible to make contact with the Registered User by electronic mail to the Verification Address, DK Hostmaster shall suspend the Domain Name but reserve it for renewed registration for a period of 8 weeks from the date the notification is sent. DK Hostmaster charges a restoration fee of DKK 100 excl. VAT per Domain Name, if the current Registered User wishes a name service for the Domain Name to be restored after suspension and before final deletion. j. Reminders and warning letters sent by DK Hostmaster shall include information about the legal consequences of failure to pay.
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2.4.2. User's termination of right of use The holder of a right of use can terminate the right of use to a Domain Name in writing by sending a signed declaration to DK Hostmaster, who will then delete the registration of the right of use from the database of Domain Names. A form for this purpose is available on the website www.dk-hostmaster.dk. Termination of the right of use to a Domain Name before expiry of the period of use shall not entail reimbursement of usage charges paid for the Domain Name. 2.5. Rights and obligations connected with a right of use to a Domain Name 2.5.1. Transfer of right of use a. The User can transfer his or her right of use to a Domain Name to a third party. The current and future User shall advise this in writing to DK Hostmaster, through a Registrar, if appropriate. The transfer shall contain the same information and warranties from the new User as that which appears in a domain name application, cf. item 2.2. For the transfer, the Users can employ a form, which is available on the website www.dk-hostmaster.dk. b. A domain name in respect of which a complaint has been brought before the Complaints Board for Domain Names, or in respect of which DK Hostmaster has received written and substantiated notification that legal action has been taken by a third party against the Registered User, can only be transferred to a third party with the consent of the manager of DIFO. When DK Hostmaster has received notification from the Complaints Board for Domain Names or from the Registered User or from a third party concerning an ongoing dispute, DK will record this as an annotation against the core data for the Domain Name in question such that data on the Registered User cannot be changed without the consent of the manager of DIFO. DK Hostmaster will inform the Registered User of this annotation via his or her Verification Address. DK Hostmaster will itself remove the annotation when DK Hostmaster receives notice from the Complaints Board for Domain Names concerning the decision on a complaint, or receives documentation from the Registered User or a third party concerning a judicial decision or compromise, unless DK Hostmaster receives substantiated information that a legal dispute is still ongoing in respect of the Domain Name. This rule does not preclude suspension and/or deletion of the disputed Domain Name on the grounds of the Registered User’s failure to comply with the present rules, including default on payment obligations to DK Hostmaster. The registration of a third party made possible through such a deletion is not regarded as a transfer pursuant to this rule. 2.5.2. Redelegation a. The User shall be entitled to have his or her Domain Name redelegated when required. Requests for this can be sent to DK Hostmaster by the Registered User or his or her proxy. b. Redelegation can be carried out on the following conditions: • That the name servers involved are registered with DK Hostmaster in accordance with item 3.1. • That DK Hostmaster has either received a signed declaration from the Registered User or a positive response from the Verification Address to an inquiry sent to it regarding acceptance of the redelegation. The form for a signed declaration is available on the website www.dk-hostmaster.dk.
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• That DK Hostmaster has received an electronic application defined by DK Hostmaster for redelegation which refers to the declaration mentioned above. The form for this is available on the website www.dk-hostmaster.dk. • That the Domain has not been suspended at DK Hostmaster on any grounds other than an incorrectly set up or lacking DNS, cf. item 3.2. c. When DK Hostmaster has received the forms mentioned above, redelegation can commence. 2.5.3. Administrative changes The User has the right to have administrative changes made in DK Hostmaster's databases for his or her Domain Name, such as changes to company or personal details, without payment in addition to the usage charge. 2.5.4. Publication of information Details of registered Domain Names are made publicly available via DK Hostmaster's whois service. Natural persons have the right for their personal details to be screened from this publicly accessible information service. Personal details may, however, be disclosed to a third party, including the Complaints Board for Domain Names, cf. section 5, if DK Hostmaster deems that the legal interest of the third party exceeds the natural person's interest in keeping such details confidential. 2.5.5. Information to DK Hostmaster Within 3 months of assignment and registration of the right of use to a Domain Name at the latest, the User shall inform DK Hostmaster which valid e-mail account should be used as a Verification Address for DK Hostmaster to obtain consent for changes to and renewal of his or her domain name registration. The User shall also be obliged to inform DK Hostmaster within the same time limit which current e-mail account should be used as the Invoice Address to which invoices should be sent via e-mail. The User has an obligation to inform DK Hostmaster about changes to information relating to the Domain Name, including changes of name and address of the User or his or her proxy. 2.5.6. Name service guarantee The User shall ensure that at least two name servers belonging to an approved Zone Contact are connected to the Domain Name. 2.6. Waiting list a. DK Hostmaster maintains and administers a waiting list for Domain Names which have already been registered. b. The names of all those who are entitled to register a Domain Name under the .dk Domain can be entered on a waiting list for an already registered Domain Name. Inclusion on the waiting list is conditional on an annual payment of DKK 60, excluding VAT, which must be remitted to DK Hostmaster on the initial inclusion on the waiting list. Failure to pay shall result in the name of the person or company in question being removed from the waiting list in accordance with DK Hostmaster's reminder procedure in force at any time. 7
2.6.1. Procedure regarding inclusion on the waiting list a. Applications for inclusion on a waiting list for a Domain Name already registered under the .dk Domain must be made to DK Hostmaster via the website www.dk-hostmaster.dk. b. Those included on a waiting list for a Domain Name are obliged to inform DK Hostmaster of any changes in the information included in the application. Failure to provide information regarding changes may lead to exclusion from the waiting list. c. DK Hostmaster registers applications in the order they are received and assigns a number to each application which indicates which placing the applicant occupies on the waiting list. DK Hostmaster will inform applicants of this via e-mail to the e-mail address stated in the application. d. When the right to use a Domain Name, for which a waiting list has been established, is terminated or deregistered, the applicants will be informed of this via e-mail to the e-mail address stated in the application. The applicants on the waiting list then have 14 days in which to indicate whether they are still interested in the right to use the Domain Name in question. The Domain Name will then be assigned in accordance with the placing on the waiting list so that the applicant who has been waiting longest and still requires it, will be assigned the right of use to the Domain Name. e. The assignment of right of use to Domain Names in connection with waiting lists established during a period of 30 days from 2 January 2002 will be made in accordance with the rules in schedules f-m. f. When the right of use to a Domain Name covered by schedule e is terminated or deregistered, DK Hostmaster will request the waiting list applicants to deposit DKK 4,000 excl. VAT within ten days from the date on which the request is sent out. This amount provides security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and covers the costs of administration in those instances referred to under item 5.4, b. The payment must be deposited in an escrow account at a bank indicated by DK Hostmaster. The account is in the name of DK Hostmaster, but is subject to a proviso so that payments can only be made from it in accordance with these rules. If only one applicant deposits payment, DK Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 4,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. If none of the applicants deposits the amount, DK Hostmaster will draw lots between the applicants and assign the right of use to the Domain Name to the winner of the draw. The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. If there is only one applicant on the waiting list, DK Hostmaster will assign the right of use to the Domain Name to this applicant. g. If more than one applicant deposits DKK 4,000 excl. VAT, they shall each deposit a further DKK 4,000 excl. VAT into an account indicated by DK Hostmaster within ten days from the date on which the request to do so is sent out. This deposit serves as security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and to cover the costs of administration in those instances referred to under item 5.4, b. If only one applicant deposits this further amount, DK
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Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 8,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. If none of the applicants deposits the further amount, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 4,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. h. If more than one applicant has then deposited DKK 4,000 excl. VAT twice, they shall each deposit a further DKK 4,000 excl. VAT into an account indicated by DK Hostmaster within ten days from the date on which the request to do so is sent out. This deposit serves as security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and to cover the costs of administration in those instances referred to under item 5.4, b. If only one applicant deposits this further amount, DK Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 12,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. If none of the applicants deposits the further amount, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 8,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. i. If more than one applicant has then deposited DKK 4,000 excl. VAT three times, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 12,000 excl. VAT). The fee paid for inclusion on the waiting list for the current year will then be deducted from the usage charge for the Domain Name so that at no time shall a double fee be paid for the same Domain Name. j. When requesting inclusion on a waiting list, it is possible for the applicant to state that he or she has a special right (e.g. a right to a name or a trademark or a statutory exclusive right to use a given designation) to the Domain Name in question. If such information is provided, DK Hostmaster will notify the other waiting applicants of this and of the identity of the person claiming this special right. Such information shall be provided prior to the implementation of the procedure in schedules f-i. If the other applicants or applicant state(s) that they/he or she still wishes to take part in the assignment procedure in spite of the special right to the Domain Name claimed, assignment will be carried out in accordance with the rules given in schedules f-i. When DK Hostmaster has assigned the right of use to a Domain Name in accordance with this rule, DK Hostmaster will block Use of the Domain Name for a period of 60 days, so that the applicant claiming the special right can pursue this through the Complaints Board for Domain Names, for example, or the courts of law.
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k. If more than one applicant states in the application form that they have a special right to the Domain Name in question, the assignment of the Domain Name will be carried out in accordance with schedule j, but in such a way that the competition between the holders of the right shall be decided either by a compromise between the parties - possibly through a portal solution - or, if this proves impossible, by drawing lots. l. The amount to be deposited, as indicated in schedules f-i, is DKK 800, DKK 2,000 and DKK 4,000 respectively, all excluding VAT, when the applicant applies for a Domain Name corresponding to the applicant's personal name. m. Money deposited in accordance with the procedure in schedules f-i and l will be returned to the depositors at the same time as the right of use to the Domain Name is assigned, with the exception of the amount deposited by the Registered User himself/herself. This does not, however, apply if a case has been brought before the Complaints Board for Domain Names against a depositor within the 60 day period specified in schedule j. In that case, the deposited amount is withheld until the Complaints Board for Domain Names has made a decision on the extent of the administrative costs to be awarded pursuant to item 5.4,b. 2.7. Procedure in connection with an extension of the Danish name space a. The rules below shall be applicable in connection with an extension of the character set for Danish Domain Names, cf. item 1.3, b. The rules apply to applications regarding the assignment of a right of use to Domain Names containing one or more of the characters with which the character set for Domain Names may be extended and which are reported to DK Hostmaster within a period of 30 days from the effective date of DK Hostmaster's decision to extend the Domain Name character set. b. Requests for registration of such a Domain Name must be forwarded to DK Hostmaster via an approved Registrar on an application form prepared by DK Hostmaster. c. The registration request will be invoiced to the Registrar with an application fee of DKK 60 exclusive of VAT. The fee is due for payment irrespective of whether or not the request subsequently results in assignment. d. Applicants for a right of use to such a Domain Name are obliged to inform DK Hostmaster of any changes in the information included in the application. Failure to provide information regarding changes may lead to lapse of the application. e. If, after expiry of the period of 30 days specified above under schedule a, there is only one applicant for the right of use to the Domain Name, DK Hostmaster will assign the right of use to this applicant. f. If, after expiry of the period of 30 days specified above under schedule a, there is more than one applicant for the right of use to the Domain Name and if none of these applicants has stated in the application that he or she has a special right to the Domain Name in question, the assignment will be carried out in accordance with the rules in schedules f-j. g. DK Hostmaster will request the applicants to deposit DKK 4,000 excl. VAT within ten days from the date on which the request is sent out. This amount provides security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and covers the costs of administration in those instances referred to under item 5.4, b. The payment must be deposited in an escrow account at a bank indicated by DK Hostmaster. The account is in the name of DK
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Hostmaster, but is subject to a proviso so that payments can only be made from it in accordance with these rules. If only one applicant deposits payment DK Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 4,000 excl. VAT). If none of the applicants deposits the amount, DK Hostmaster will draw lots between the applicants and assign the right of use to the Domain Name to the winner of the draw. h. If more than one applicant deposits DKK 4,000 excl. VAT, they shall each deposit a further DKK 4,000 excl. VAT into an account indicated by DK Hostmaster within ten days from the date on which the request to do so is sent out. This amount provides security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and covers the costs of administration in those instances referred to under item 5.4, b. If only one applicant deposits this further amount, DK Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 8,000 excl. VAT). If none of the applicants deposits the further amount, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 4,000 excl. VAT). i. If more than one applicant has then deposited DKK 4,000 excl. VAT twice, they shall each deposit a further DKK 4,000 excl. VAT into an account indicated by DK Hostmaster within ten days from the date on which the request to do so is sent out. This amount provides security for payment of the usage charge for the first period of use, in the event that the right of use to the Domain Name is assigned, and covers costs in those instances referred to under item 5.4, b. If only one applicant deposits this further amount, DK Hostmaster will assign the right of use to the Domain Name to this applicant. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 12,000 excl. VAT). If none of the applicants deposits the further amount, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 8,000 excl. VAT). j. If more than one applicant has then deposited DKK 4,000 excl. VAT three times, DK Hostmaster will draw lots between the remaining applicants and assign the right of use to the Domain Name to the winner of the draw. The amount deposited then comprises the usage charge for the first period of use for the Domain Name (DKK 12,000 excl. VAT). k. The amount to be deposited, as indicated in schedules f-j, is DKK 800, DKK 2,000 and DKK 4,000, respectively, all excluding VAT, when the applicant applies for a Domain Name corresponding to the applicant's personal name. l. If one of the applicants provides information to the effect that he or she has a special right (e.g. a right to a name or a trademark or a statutory exclusive right to use a given designation), DK Hostmaster will notify the other applicants for the Domain Name in question of this and of the identity of the person claiming this special right prior to the implementation of the procedure in schedules f-k. If the other applicants state that they
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still wish to take part in the assignment procedure in spite of the special right to the Domain Name claimed, assignment will be carried out in accordance with the rules indicated in schedules f-k. When DK Hostmaster has assigned the right of use to a Domain Name in accordance with this rule, DK Hostmaster will block Use of the Domain Name for a period of 60 days, so that the applicant claiming the special right can pursue this through the Complaints Board for Domain Names, for example, or the courts of law. m. If more than one applicant states in the application form that they have a special right (e.g. a right to a name or a trademark or a statutory exclusive right to use a given designation), the assignment of the Domain Name will be carried out in accordance with schedule l, but in such a way that the competition between the holders of the right shall be decided either by a compromise between the parties - possibly through a portal solution - or, if this proves impossible, by drawing lots. n. Money deposited in accordance with the procedure in schedules f-k will be returned to the depositors at the same time as the right of use to the Domain Name is assigned, with the exception of the amount deposited by the Registered User himself/herself. This does not, however, apply if a case has been brought before the Complaints Board for Domain Names against a depositor within the 60 day period specified in schedule l. In that case, the deposited amount is withheld until the Complaints Board for Domain Names has made a decision on the extent of the administrative costs to be awarded pursuant to item 5.4, b. o. In connection with an extension of the Danish name space, the board of directors of DIFO can decide that specifically delimited Domain Names containing characters included in the extension can be reserved for the use of public authorities for a period of 90 days from the coming into effect of the extension. 2.8. Exclusion of liability a. DK Hostmaster can at all times demand that the User forward a declaration as mentioned in items 2.2., b. and 2.2., c. to DK Hostmaster. b. Objections to registrations which have taken place will be treated in accordance with the rules for this in section 5 of these rules. Such objections shall in the first instance be addressed to the holder of the right of use. Neither DIFO nor DK Hostmaster are responsible for the registration, Use or Active Utilisation of the Domain Name by the holder of the right of use. The holder of the right of use shall be obliged to indemnify DIFO and DK Hostmaster in connection with any disputes or legal proceedings regarding the use of the name, also including any disputes regarding subsidiary levels of the name. c. As DK Hostmaster carries out no verification of the Domain Name, assignment of a right of use is not synonymous with any acquisition of rights or ownership of the name or trademark rights, etc., that may be connected with the Domain Name. 3. The activities of the Registrar and the Zone Contact under the .dk Domain 3.1. Approval as a Zone Contact under the .dk Domain a. Any natural or legal person can apply for approval as a Zone Contact under the .dk Domain by sending a Host application to DK Hostmaster. DK Hostmaster has to approve the name 12
servers which the Zone Contact wishes to be validated and registered. The form for a Host application is available from the website www.dk-hostmaster.dk. b. The Host application shall contain the following information: • The applicant's name, type of company, where applicable, address and telephone number. • Server name and IP number for the server the application relates to. • The name of the natural person or a clearly identifiable function at the applicant's company to which inquiries can be addressed. • An e-mail address for the above-mentioned person or function. c. Qualifications: In order for DK Hostmaster to approve a Zone Contact, the applicant shall document to DK Hostmaster the requisite technical expertise concerning DNS functions, including the setting up of Domains on a name server. The applicant shall allow a zone transfer from the relevant name server(s) to DK Hostmaster, so that DK Hostmaster is able to validate one or more zones on the name server which the application relates to. DK Hostmaster will perform the validation on the Domain that the name server is under. d. Registration: If DK Hostmaster approves the applicant as a Zone Contact, DK Hostmaster will register the approved name server and inform the applicant that he or she has been approved as a Zone Contact under .dk for this name server. If DK Hostmaster rejects the application, the applicant can bring a complaint regarding DK Hostmaster's decision before DIFO. 3.2. The Zone Contact's obligations a. Duty to be available: The Zone Contact undertakes to be available to DK Hostmaster to respond to and clarify technical questions about set-up DNS servers. If the Zone Contact changes his/her physical or electronic address, he/she shall inform DK Hostmaster of this without undue delay. b. The Zone Contact shall submit to the control measures that DK Hostmaster considers necessary to ensure reliable ongoing operation of the DNS. At its discretion, DK Hostmaster can carry out tests on one or more of the .dk zones that the Zone Contact administers. c. Application fee: DK Hostmaster charges DKK 500 excl. VAT as a fee for processing a Host application. If DK Hostmaster does not approve the application, and the name server is not then registered, DK Hostmaster will repay DKK 200 excl. VAT to the applicant. If the applicant at the time of application is a Registrar, cf. item 3.3, the requirement for an application fee is annulled. d. The Zone Contact can choose to enter into an agreement with DK Hostmaster to create an unlimited number of name servers for DKK 1,000 excl. VAT per month. e. Incorrectly set-up zones: DK Hostmaster will inform the Zone Contact about incorrectly set-up zones for a given name server in DK Hostmaster's database of approved name servers to the specified e-mail address. DK Hostmaster will not use the SOA record as a source for the Zone Contact. f. The Zone Contact is obliged to correct the error within 14 days.
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g. DK Hostmaster can suspend the zone from the DK Zone if the error is not corrected within this time limit. DK Hostmaster will then ask the Registered User of the right of use to the Domain Name to rectify the situation within 8 weeks. h. DK Hostmaster will without further notice remove the Domain Name from DK Hostmaster's database of second-level Domain Names under the .dk Domain, if there is not a correct DNS for the Domain Name in place within this time limit. i. Breach: DK Hostmaster can delete a name server if the Zone Contact in question commits a material breach of his/her obligations under these rules. DK Hostmaster will issue written notification to that effect. 3.3. Approval as a Registrar under the .dk Domain Any natural or legal person can apply to DK Hostmaster for approval to act as a Registrar under the .dk Domain. The applicant shall use for this purpose a pre-printed form, DK Hostmaster a/s – Registrar Agreement, which is available from DK Hostmaster’s website www.dk-hostmaster.dk. The agreement regulates the Registrar’s rights and obligations with regard to both DK Hostmaster a/s and its Registered Users. 4. Special rules regarding certain Domain Names 4.1. Withdrawal in the public interest DIFO can decide that DK Hostmaster shall withdraw rights of use to Domain Names that are already registered, if DIFO considers that there is a need to use these Domain Names in the public interest. If the Domain Name has been in Active Utilisation as part of the Registered User's ordinary activities, reasonable compensation may be awarded to the holder of the rights of use, which will be defrayed by DIFO. 5. Hearing of disputes concerning Domain Names 5.1. Complaints Board for Domain Names a. DIFO has established a Complaints Board for Domain Names, which makes decisions in cases of the type mentioned in item 5.2, and whose expenses and fees are defrayed by DK Hostmaster A/S. b. The Complaints Board comprises three members, each of whom is appointed for a period of three years. The chairman shall fulfil the general conditions for eligibility to be appointed a High Court Judge. The two other members shall have documented theoretical or practical expert knowledge of name and trade-mark rights. In cases involving consumer claims, the Complaints Board shall be joined by two members who represent consumer and commercial interests respectively. In cases involving special technical problems, the Complaints Board may decide to augment its capacity by up to two members with the requisite technical insights. c. Members of DIFO's board of directors cannot at the same time be members of the Complaints Board for Domain Names. Reappointment and appointment of deputies is permissible. d. The Complaints Board for Domain Names establishes its own agenda.
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5.2. Areas of competence a. The Complaints Board for Domain Names is competent to deal with cases regarding the degree to which a domain name registration conflicts with current Danish legislation and the present rules. Under this heading the Board can make decisions regarding transferring, suspending or deleting such Domain Names. b. The Complaints Board has no competence to make rulings concerning the payment of compensation or remuneration except as expressly stated in these rules. 5.3. Case administration a. The Complaints Board, may, at its discretion, retain the services of a secretary to attend to the preparation of cases, take part in any conciliation procedure, head the secretariat and represent the Complaints Board in external affairs. b. Complaints must be lodged with the secretary of the Complaints Board on paper or electronically. A complaint fee of DKK 500 must accompany the complaint. If the complainant pleads that the Domain Name is of no commercial importance to the person concerned, and if this does not appear to be patently incorrect, the complaint fee will be reduced to DKK 200. A complaint will only be heard once the complaint fee has been paid. Information on the address which the complaint should be sent to and the place of payment is available on the website www.difo.dk. c. If the complainant has brought an action against the respondent before a court of law or if the complainant intends to bring such an action, the Board can reject or defer the case. The Board shall reject the case if it concerns a dispute covered by a valid arbitration agreement. d. The secretariat will review the complaint on its receipt. If, in accordance with item 5.2, there appears to be no doubt that the complaint cannot be heard by the Complaints Board, the secretariat will inform the complainant of this together with the reason for the decision. The attention of the complainant will also be drawn to the fact that the decision can be brought before the Complaints Board if the complainant so wishes. The complaint will be brought before the Board by the secretariat. If a complaint should be rejected in accordance with item 5.3, the fee will be repaid to the complainant. e. If the Complaints Board is competent to hear the complaint, or if nothing can be advanced to show that the Board is not competent, the secretariat will prepare the hearing of the case. In this connection, the secretary shall inform the respondent about the complaint and enclose all the material received regarding this, with the exception of material that the respondent is undoubtedly already familiar with, together with a request that the person in question make a statement as soon as possible and no later than two weeks after receipt. The comments of the respondent shall then be presented to the complainant for comments with a similar time limit for response. The complainant's rejoinder will then be similarly presented to the respondent. If it is evident that the response of the respondent and the rejoinder of the complainant do not contain new information or evaluations and that the other party is undoubtedly familiar with the contents of this material, the secretariat need not present the response to the opposing party. f. The chairman of the Board, or a person authorised by the chairman, may in special cases decide that the time limits mentioned can be prolonged or that further information must be obtained in order to make a decision in the case.
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g. If a conciliation procedure is initiated the secretary can propose to the parties that a portal for a Domain Name be established that covers several, co-ordinated name or trademark rights so that the Domain Name is used solely as a means of establishing contact with each of the co-ordinated holders of the rights. The party that may already have obtained registration for the Domain Name in question can demand reasonable compensation for such a surrender of his or her sole registration of the Domain Name. h. The secretary can also propose to the parties that the person who obtained a valid registration of a Domain Name that covers a specially established or valuable name or trademark, surrender this Domain Name in return for the payment of reasonable compensation from the owner of the trademark in question. i. The conciliation procedure may last no longer than 4 weeks. j. If the case is referred to the Complaints Board for hearing the chairman of the Board shall decide whether the case can be decided in writing or if a meeting is necessary. The chairman can also make a decision to obtain further information for use in deciding the case. However, cases in which consumer and commercial representatives take part shall always be decided at a meeting. 5.4. Costs a. If the complainant's claim is allowed, either wholly or in part, the fee shall be repaid to the complainant. The Complaints Board can in such a case make a decision that this fee be paid by the respondent. The Complaints Board's case administration does not otherwise involve costs for the parties concerned. b. In cases brought before the Complaints Board in accordance with the procedure referred to under items 2.6.1 and 2.7, the Complaints Board can order the losing party to reimburse the other party's costs with regard to the Board to the extent that these costs can be covered by the amount which the losing party has deposited in accordance with the rules mentioned. 5.5. Publication Decisions made by the Complaints Board for Domain Names will be published on the website www.difo.dk. The Complaints Board for Domain Names will decide if publication is to respect any request by the respondent to observe confidentiality surrounding personal details, cf. 2.5.4. The efforts of the secretary to obtain a compromise are confidential. Copenhagen, 21 February 2000 with amendments of 11 April 2000 (version 01), 14 September 2000 (version 02), 9 November 2000 (version 03), 30 May 2001 (version 04), 30 November 2001 (version 05), 1 November 2002 (version 06), 1 August 2003 (version 07), 1 December 2003 (version 08) Effective dates: (version 02) 15 October 2000; (version 03) 1 January 2001; (version 04) 1 July 2001; (version 05) 1 January 2002; (version 06) 1 December 2002; (version 07) 1 September 2003; (version 08) 1 January 2004 On behalf of Dansk Internet Forum Mads Bryde Andersen - Chairman Per Kølle - Manager