To complete ORG.EC domain name registration, You will need to provide documentation to confirm you are a Non Profit Organization in Ecuador. To complete NET.EC domain name registration, You will need to provide documentation to confirm you are an Internet Provider in Ecuador
The Policies are the following:
Domain names registry under ccTLD .EC (country code top level domain) is administered by NIC.EC, duly delegated by ICANN (Internet Corporation for Assigned Names and Numbers), through IANA (Internet Assigned Names and Numbers).
2. GLOSSARY AND DEFINITIONS
See Appendix A. Glossary and definitions are at the end of these policies.
3. SECOND LEVEL DOMAINS
Domain names .EC can be registered directly under .EC , as second level domains and also can be registered as third level domains under the predefined second level domains .com.ec, .info.ec, .net.ec, fin.ec, med.ec, pro.ec, org.ec, edu.ec, gov.ec, mil.ec. It is possible that other second level domains exist, that were used in the past and which they can be active, nevertheless they may not be available for new registration. Second level domain definitions are the following:
.COM.EC Commercial use in general
.INFO.EC Information in general
.NET.EC Providers of internet services
.FIN.EC Financial institutions and Financial Services
.MED.EC Medical, Health, Pharmaceutical and medicine related institutions and entities
.PRO.EC For all kind of professionals, such as lawyers, architects, accountants, etc.
.ORG.EC Only for Non-Profit organizations and entities, or Non-governmental organizations registered in Ecuador.
.EDU.EC Only for Educational entities, institutions and organizations such as Schools, Universities, High Schools and Institutes registered in Ecuador.
.GOV.EC Only for use of the Government of the Republic of Ecuador and its governmental entities.
.MIL.EC Only for use of the Ecuadorian Military Armed Forces
These classifications, second level domain, can be modified or increased by NIC.EC, changes that will be notified by NIC.EC through its web page with sufficient anticipation.
General conditions for registry will be determined by whatever established in these policies and in the Registry Agreement. There are some specific conditions for certain domains, which will be detailed in these Policies.
4. DOMAIN NAME STRUCTURE
Domain names structure will be subjected to the following conditions:
The only valid characters for a domain name are the alphabet letters (A-Z), the digits (0-9) and the dash (-). No accented letters are allowed, neither are "Ñ", nor underlined characters. Capital letters will not be distinguished from small or lower case letters. The first and the last character of the domain can not be the dash.
There will not be allowed two or more consecutive dashes. Minimum length is 3 characters and maximum length is 65 characters. However, even though maximum length is 65 characters, it is recommended a maximum length of 25 characters.
In no case a domain name will be registered when such name:
- Is formed by words or phrases that may turn offensive, harsh or that may affect moral or public order or that may go against Ecuadorian Law.
- Deals with official aspects or subjects without a proper authorization.
- Match with protocol names, applications and terminology of the Internet or domain name terminology , e.g. "http", "web", "www", "ftp", "telnet", "email", etc.
- Match identically and under the same level, with existing domain names within the database of NIC.EC.
- Match names restricted for registry, according to NIC.EC Policies.
5. DOMAIN REGISTRY
5.1 REGISTRY METHOD
To register a new domain, there are two ways: 1. On-line, through NIC.EC’s web page, www.nic.ec or 2. Sending all required documentation to NIC.EC’s offices. No matter which way you choose, all conditions and terms are the same for both cases. This means that whoever register in, is deemed to have read, acknowledged and accepted the Registry Agreement and these Policies, and that by registering the domain name, no provision of the Registry Agreement, these Policies or the Law is being violated, neither are third parties rights.
5.2 ON-LINE REGISTRY
If on-line registration is performed, no documents shall be send to NIC.EC offices, except when such domains are intended to be registered in .org.ec, .edu.ec, .gov.ec, .mil.ec. In such cases, provisions included in Special Provisions section shall be observed. Also, documents must be send to NIC.EC offices, when it requests specific documents in either case.
In order to register a domain name, you should first verify within the Whois, if such domain name have been already registered or if it is available. The domain name that has not been previously registered should appear as available in all the different classifications of the second level. Even though several available possibilities should appear, registration shall be ruled by general terms and conditions provided in these Policies and the Registry Agreement. Such provisions will be accepted on-line. If the person performing the registration do not choose the option "I have read, understood and accepted the Registry Agreement", registry can not be fulfilled.
Further, complete information of the Registrant, the Administrative Contact, the Technical Contact, the Billing Contact and the Domain Server DNS (two minimums) shall be filled in. There are some validations about the given information, however, the responsible for the provided information is the one filing it in. Before the information filing, the person performing the registration could register his user name and password, if he already have them. If he do not have them, he shall register as a new user and such situation shall allow him to determine a user name and a password. If the Administrative Contact have domains registered with NIC.EC and do not know his user name, he shall ask one from NIC.EC, if it has not provided one.
The person performing the registry is the Administrative Contact, who most of the times is the same Registrant or a person on behalf the Registrant. It is deemed that the person performing the registration is duly authorized by the Registrant to perform the registry on behalf the Registrant. Therefore, the Administrative Contact is the one performing the whole process. The invoice shall be issued to the Administrative Contact.
In the Fees’ chapter, are detailed the different fees for periods and by domain, as well as fees for Ecuadorians and entities registered in Ecuador and the fees for non - Ecuadorians. For applying for an Ecuadorian fee, it is necessary to file in the taxpayer id (RUC) or the Ecuadorian personal id. If these are not detailed, it shall be applied a non - Ecuadorian fee although the rest of the information is apparently from Ecuador.
Technical Contact and Billing Contact may be the same Administrative Contact, even though it is recommended to be different persons. DNS information is vital in order to allow Internet users to access the web page or email that use the registered domain name. However, if the DNS technical data is not known or if there is only intended to register a domain name without the possibility of being accessed, NIC.EC will assign two temporarily DNS that could be later modified by the Administrative Contact. The domain registered with the temporarily DNS may be activated but not accessed through the Internet until its data is modified.
Once the information on Contacts and Servers is filled in, you will find the option on the registry term. Minimum term is 1 year, maximum term is 10 years. You will also find the payment option, which are through check, credit card or wire transfer. You will have options for registration for 1, 2, 3, 5 and 10 years, even though some options may not be available for the different second level domain categories. Once the term and payment options are selected, registration process will be finished, and the internal process of NIC.EC about validations, confirmations and invoicing will start.
If a new registry is to be paid for with a check or wire transfer payment option, the domain will be on hold for up to 30 days, term in which the check shall be send or the transfer shall be credited on NIC.EC account. During this term, the domain will not be granted, neither activated, but until the moment or two working days after payment has been received and applied. After the term of 30 days, the domain will be available to be registered by another registrant. A correct payment application shall be subjected to a correct payment information, which means, when payment is being done, it must be specified the domains such payment is paying for. If a payment is received and it is not specified which domain is being paid for, payment will not be applied. In this case, if the fore-mentioned term is through, the domain may be available for another registrant. Once payment is received and applied correctly, NIC.EC will notify the Administrative Contact and the Billing Contact, via email the payment confirmation and the domain activation.
If a new domain is paid for with a credit card, NIC.EC will process the charge authorization, and if such authorization is denied or not given by any reason, NIC.EC will allow the Registrant to change the information provided if it is not correct or specify a different credit card. If new information is not provided or if it is not authorized again, then the Registrant shall choose to pay with a check or to cancel the registry. If the credit card authorization is obtained, the registry process will continue and the Registrant will be notified that request was received correctly. After two working days, NIC.EC will perform several control processes. The ones that turn out positive will be processed invoiced and activated. During such term and until the positive process is fulfilled, the domain will not be activated, the Whois information will not be available and the credit card will not be charged.
5.3 MANUAL REGISTRY
If on-line registration is not preferred or is not possible to use or if it is unavailable, the same steps and conditions of the on-line registration shall be followed, but by printing or downloading the forms from the web page, request them via email or request them at NIC.EC’s offices. These forms are 1. Domain Registry Application Form, and 2. Registry Agreement. Both shall be signed and delivered to NIC.EC’s offices.
Domain Registry Application Form: Is the form in which the information such as Registrant, Administrative Contact, Technical Contact, Billing Contact and DNS is provided. The form has complementary instructions beside the ones provided in the On-line Registry section of these Policies.
Registry Agreement: Once the Policies and the Registry Agreement have been read, understood and accepted, the Agreement shall be signed and delivered. There are two types of Registry Agreement, the one available for on-line registration and the one available for not on-line registration. Both their contents are identical, however, you must be sure to send the one that has a space for the domain name and signature on its last page.
If you do not use the on-line registration mechanism, you should be aware of the following:
- It will only be accepted the Application Form that is in force at the time of application, duly filled and signed.
- It will only be accepted the Registry Agreement that is in force at the time of application and duly signed.
- For each domain name, there must be delivered a Domain Form and a Registry Agreement.
5.4 DOCUMENTATION FOR SPECIAL REGISTRIES
No matter if registry is done through the web page or not, the following documentation is required for the registration process on the following cases and must be delivered together with a letterhead letter, signed by the Administrative Contact or the Registrant, stating that such documentation is a backup of the requested domain:
.gov.ec: Letterhead letter signed by the main representative of the governmental institution of Ecuador that is applying the domain registry for such institution. If the request does not come from the Presidency of the Republic, a Ministry, a Governor’s Office, a Provincial Council or a City Hall, there must also be delivered a document that certifies the existence of such entity and the appointment note of the main representative.
.mil.ec: letterhead letter signed by the main representative of the institution part of the Armed Forces of Ecuador.
.org.ec: In the cases that NIC.EC considers necessary , Ministerial Decision or document that proves that the Registrant is a non-profit organization or association registered in Ecuador.
.edu.ec: In the cases that NIC.EC considers necessary , certificate issued by the Ministry of Education of Ecuador that proves that the Registrant is an educational institution registered in Ecuador.
Special considerations for these registries:
- These are registries exclusively for entities registered in Ecuador.
- Domains under gov.ec and mil.ec are not subject to payment of registry or maintenance fee.
- Domains under gov.ec and mil.ec will not be activated until all documentation is received. Domains under edu.ec and org.ec , the activation is subject to the payment of the registry fee and in the cases that NIC.EC requires additional documentation, the activation is also subject to the reception of the documentation.
- If the Registry under gov.ec and mil.ec is requested by a third party, such as an Internet provider, a web page designer, a law firm, etc., it is also required an Authorization Letter delegating such party the process of Registry and Maintenance.
- The names to be requested shall be directly related to the name of the entity or its initials or abbreviations.
- In any of these cases, NIC.EC may request additional information when it is deemed necessary.
- If the registration or renewal is made on line or sending information to NIC.EC office, both the Administrative Contact and the Registrant , which are responsible for the information submitted, also certify and declare that the domains registered under edu.ec or k12.ec , the Registrant is an education institution registered in Ecuador certified by the Minister of Education of Ecuador and that in registrations under org.ec , the Registrant is an Organization or Association non for profit registered in Ecuador under compliance of the Minister of Welfare (Ministerio de Bienestar Social) .
- Considering the information that must be reviewed, the registration process of these domains may be longer than the usual processes. It will depend on the delivered documentation and that these classifications are reserved and restricted for certain institutions.
6.1 ADVANCE RENEWAL
Previously registered domains or new domains to be registered may be renewed for one or more additional years. To request NIC.EC the renewal of a domain, the on-line renewal mechanism available on NIC.EC’s web page can be used or there can be requested it on written to NIC.EC’s offices. Some domains shall been registered or renewed for more than a year, therefore, its expiration date shall depend of the chosen period, and, therefore, no yearly renewal shall be requested until the ending of such period. Every domain can be canceled or deactivated before the expiration date. Those domains that are renewed 30 days prior the expiration date, will be subjected to the same payment, suspension and renewal conditions specified on section 6.2 of these Policies. .
6.2 PAYMENT DUE DATES FOR RENEWAL, SUSPENSION AND CANCELLATION CONDITIONS
6.2.1 For those domains that have not been cancelled or renewed 30 days prior the expiration date of each domain, NIC.EC will issue and deliver an invoice for an additional period of one year to be started on the coming expiration date and will also send an email to the Administrative Contact and the Billing Contact reminding them the expiration and informing them about the issuance and delivery of the invoice. The email shall be send to the registered mentioned Contacts, as the information is deemed to be updated. If the information is not updated and there is any delay or the notification or invoice is not received, the responsible for it will be the Administrative Contact, and also the Registrant. Payment shall be done the following 30 days, which means, until the expiration date of the domain.
6.2.2 If 15 days before the expiration date, NIC.EC has not received the payment, a new email will be send to the Administrative Contact and the Billing Contact, reminding them the expiration and that payment has not been received.
6.2.3 If on the expiration date, payment has not been received, a new email to the same persons shall be send, notifying them that payment has not been received, that their domain has expired and notifying them their domain will be suspended for 15 days after the expiration date, which means 45 days after the invoice issuance date.
Copy of this message is also sent to the Registrant , as well as subsequent notices .
6.2.4 If after the 15 days referred before, payment has not been received, the domain will be suspended and an email will be send notifying the suspension and the notice that if in 15 more days payment is not received, domain will be cancelled.
6.2.5 Thirty days after the expiration date of a domain, which means 60 days after the invoice issuance date, the domain shall be eliminated, which means cancellation, deactivation, definitive withdrawal from the data base and zone files, and it will be available for a new registry.
6.2.6 During the suspension, NIC.EC will keep the domain registry but will withdraw it from the zone files, which means, it can not be accessed through the Internet. During the elimination, the Registrant will stop having the use of such domain and that it may be registered by another Registrant. NIC.EC will keep the right to extend such periods whenever it deems it is appropriate, for example, when payment can be proven but because of banking or operative reasons, it has not been processed, or credited or applied.
6.2.7 For renewals of domains registered under gov.ec and mil.ec an email will be sent to the correspondent contact reminding of future expiration and in case that additional documentation is required it will be specifically requested. The renewal will be subject that a confirmation is sent by the Registrant or the Administrative Contact requesting the renewal and that they comply with the subsistence of documents , if they were required. In case that requisites are not complied , another reminder email will be sent and if still there is no compliance the domains will be suspended for further deletion.
All fees or amounts detailed in any information provided by NIC.EC is determined in $ or US$ or USD, which means dollars of the United States of America.
7.1 DOMAIN REGISTRY AND MAINTENANCE FEES
Domains may have registry and maintenance fees. Registry fee is due just on time when a new registry is done. Maintenance fee is due for annually periods for a minimum of 1 year and a maximum of 10 years. In the registry of a new domain, there must be paid the registry fee and a one-year maintenance fee. For a better protection of a domain, there can be paid for 1, 2, 3, 5 or 10 years. There may be some cases with more convenient fees for different periods, getting a discount for an in-advance payment. There may also be different fees for Ecuadorian persons and entities and for non - Ecuadorian persons and entities. Second or Third level domain fees, for periods and origin are the following:
7.1.1 FEES PAYABLE BY ECUADORIANS FOR .COM.EC, .INFO.EC, .NET.EC, .FIN.EC, .MED.EC, PRO.EC, ORG.EC, .EDU.EC AND .K12.EC.
The following fees are applicable exclusively for those registries in which both, Registrant and Administrative Contact are Ecuadorians or Ecuadorian entities duly registered in Ecuador, according NIC.EC Policies.
For domains under .com.ec, .net.ec, .org.ec, .edu.ec and .k12.ec for registration or renewal for one or more years:
US$ amounts 1 2 3 5 10
Registration or Renewal 35 60 75 120 220
For domains under .info.ec, .pro.ec, .med.ec and .fin.ec for registration or renewal for one or more years:
US$ amounts 1 2 3 5 10
Registration or Renewal 20 36 51 75 130
A 12% must be added to these amounts because of the VAT (IVA) tariff (Value Added Tax).
7.1.2 FEES PAYABLE BY NON - ECUADORIANS FOR .COM.EC, .INFO.EC, .NET.EC, .FIN.EC, .MED.EC, .PRO.EC
Fees for non - Ecuadorians will be payable for all registries which Registrant or Administrative Contact are not Ecuadorians or Ecuadorian entities registered in Ecuador.
For domains under .com.ec, .net.ec for registration or renewal for one or more years fees are:
US$ amounts 1 2 3 5 10
Registration or Renewal 50 84 105 165 310
For domains under .info.ec, .pro.ec, .med.ec and .fin.ec for registration or renewal for one or more years:
US$ amounts 1 2 3 5 10
Registration or Renewal 20 36 51 75 310
A 12% must be added to these amounts because of the VAT (IVA) tariff (Value Added Tax).
7.1.3 FEES FOR .GOV.EC & .MIL.EC
The governmental and military entities of the Government and Army Force of Ecuador, are exempt for payment of domain registration and renewal fee , thus the fee is zero. This exemption is only valid for the domains that these entities register under gov.ec and mil.ec.
7.1.4 FEES FOR .EC SECOND LEVEL DOMAINS
For second level domains , the minimum registration period for domains directly under .EC, is two years, and the minimum renewal term is one year. The renewal fee for one year is $35 for Ecuadorians and $50 for non-Ecuadorians, plus tax. The following are fees for registration or renewal.
Fees for .EC second level domains for Ecuadorians are applicable exclusively for domains in which both, Registrant and Administrative Contact are Ecuadorians or Ecuadorian entities duly registered in Ecuador, according NIC.EC Policies.
US$ Amounts 2 3 5 10
.EC Ecuadorians 60 75 120 220
Fees for .EC second level domains for Non-Ecuadorians are applicable for domains where Registrant or Administrative Contact are not Ecuadorians or Ecuadorian entities registered in Ecuador.
US$ Amounts 2 3 5 10
.EC Non -Ecuadorians 84 105 165 310
Additionally, some names are classified as Premium Names based on its name structure or in some cases as generic names, for which there are a different fees. These names are classified in four levels and fees are published in the web page. A 12% must be added to these amounts because of the VAT (IVA) tariff (Value Added Tax).
7.2 FEES FOR DOMAIN TRANSFER
When a domain is transferred from one Registrant to another, a fee of US$100 (for Ecuadorians) or US$150 (for non - Ecuadorians) will be payable. Once the domain transfer forms and legal documents are received, the collection of such fee will be processed. Domain will not be transferred to the new Registrant until the fee for domain transfer has been paid. Either the new Registrant or the former one can make such payment. Such fee is not linked in any way to the reason or motive of such transfer and is absolutely independent from the terms agreed by the involved Registrants in such transfer.
8.1 All services rendered by NIC.EC and for which an invoice is issued to any entity or person, Ecuadorian or non - Ecuadorian, are imposed with the value added tax "VAT" (IVA), according Ecuadorian legislation. Its tariff is 12% . All fees for all services rendered by NIC.EC included in any document, policy, reference information or web page, do not include VAT, which means that such tax must be added.
8.2 Tax retention practiced by legal person of Ecuador.
When legal persons of Ecuador pay NIC.EC and withhold the pertinent income tax retention and, in the case of Special Taxpayers that also withhold the VAT, the retention certificates shall be delivered to NIC.EC to allow to it to impute a payment. If such certificates are not delivered, payment shall not be processed.
9. PAYMENT OPTIONS
There are several payment options such as credit card, check, bank deposit and bank transfer . The options are described below:
9.1. Payment for a new domain registry with a credit card
When application took place on-line and is paid for with a credit card, credit card charge authorization is processed as well as other control and invoicing processes. Once the application and the credit card charge are approved, the domain will be activated within a following period of three working days. Once a domain is activated and billed, an email will be send to the Administrative Contact confirming the domain activation and the credit card charge.
9.2 Payment for a new domain registry with a check or a bank account credit
When application took place on-line and is paid for with a check or bank account credit, which means that payment shall not be made with a credit card, the processes of control, invoicing, requested domain acceptance and confirmation email delivery will be executed. However, domain will not be activated until payment has been received. This means that it will be on hold for 30 days and when payment is received, the domain will get activated. On the payment date, the term of existence of the domain will start. While the domain is on hold but not activated, it will not be available for registry as well there will be impossible to access the on-line information of it on the Whois. When sending a payment, it is important to mention the invoice number and/or the domain name that is being paid for, in order to allow NIC.EC to impute such payment correctly. If a payment is send without such information, payment may not be imputed opportunely and after the mentioned term of 30 days, the domain will be eliminated and available for a registry.
9.2.1 Information for a wire transfer
If you want to make a payment through a wire transfer, banking costs must be assumed by whoever is making such payment. If a partial payment is received, it will be imputed but the domain will not be active until full payment is received. The banking information is the following:
Beneficiary: NIC.EC (NICEC) S.A.
Checking account: 1314137-06
Bank: Pacific National Bank
1390 Brickell Avenue
Miami, FL 33131
USA Phone: (305) 539-7500
Fax: (305) 539-7600
9.2.2 Information for payments with checks
Payments by check must be mailed or delivered to NIC.EC’s office, which address is detailed herein. The mailing or delivery of the check is an exclusive responsibility of whoever is doing such payment. Checks must be payable through Ecuadorian or U.S.A. banking system.
NIC.EC’s office is located on the following address:
P. Carbo 422 y Nueve de Octubre
Edificio San Francisco 300, piso 22
Guayaquil – Ecuador
9.3 Credit Card Payments
Additionally to payment with credit card during Online registration or online renewal , there are two other alternatives:
9.3.1 Web Site – Credit Card
On the home page is the option Payments, which let consult the balance due by domain or by invoice number , and if there is a balance due it can be paid immediately by credit card.
9.3.2 By Fax – Credit Card
This option is with one time authorization sent by fax with certain requirements that are specified in the Form , and then it is possible to request payment by email or fax for specific domains or invoices. This option is very useful when paying for many domains with credit card.
For the registry of a domain, certain information is required and the one doing such registry must give it. This include the name of the third or second level domain, second level domain classification, Registrant’s information therefore the organization or person entitled with the domain use right, information of the Administrative Contact, Technical Contact, Billing Contact, Domain Servers names (DNS) and the IP addresses. For the organization and contacts, information must be as complete as possible including complete addresses, phones, email and identification numbers.
The Administrative Contact information is very important in all its content , is used for to issue invoice and is the one that has the user / password for managing the domains.
This information will be publicly available, which means will be free accessed, according the international parameters of domain names administration. This access will be done through the Whois that is a mechanism that will show the information on an established format.
The Administrative Contact and/or the Registrant Organization are responsible for the update of the information. Email addresses are crucially important as it will be the communication mean that will be used by NIC.EC. Also, NIC.EC will keep the right to communicate using different means. If because of non-updated information, NIC.EC could not communicate with the Registrant or the Administrative Contact for notices of renewal, cancellation of anything related the registered domain, NIC.EC will have no responsibility on the actions taken on the registered domain.
Modifications are any change or update done by the Administrative Contact on the information about addresses, phone, fax, email, names and last names of the Administrative, Technical and Billing Contacts, as well as the names of the DNS or their respective IP addresses. There can even be updated the Registrant information, except the name of the organization or person, because in such case, it will be deemed to be facing a domain transfer, that should be ruled by a different policy and procedure that is also included in these policies.
12. DOMAIN TRANSFER
12.1 Domain transfer is a transfer of a domain name from a current Registrant to a new Registrant. This means that the domain use rights are transferred to another Registrant. Transfer will be deemed to be a cancellation of a domain name of an Registrant and the creation of the same domain name for a different Registrant, both done simultaneously, considering the Application form process and the acceptance of the Registry Agreement and Policies. In order to execute a transfer, there must not be any unpaid fee and a period of at least six months, must has passed since the creation of the domain. The transfer procedure is not quick, as original documentation is required on pre-established formats set out by NIC.EC. These shall be send with the proof of action of a Public Notary. Also, there are certain documents that must be sent and NIC.EC may request additional documents if necessary and/or additional notarial acts, for example, in non - Ecuadorians’ cases. Registry and maintenance fees do not include the transfer costs. There are specific fees for that purpose and those are included in these policies within the fees’ chapter. Transfer fee may be paid by the current Registrant or by the new Registrant, even though, the final responsibility of it belongs to the new Registrant.
NIC.EC is not involved in the cause, terms or negotiation of the transfer between both Registrants.
NIC.EC will limit its action to fulfill an instruction given by both Registrants.
Domain transfer is not the same as information modifications on data about the Administrative, Technical and Billing Contacts, or their addresses, or the DNS or their IP addresses. Those are only a modification without a change on the Registrant.
This process will take from 4 to 6 weeks once NIC.EC receive correctly all documents. Time may vary depending on the fulfillment of all requisites.
12.2 DOCUMENTS AND REQUISITES FOR A TRANSFER
Transfer form established by NIC.EC, duly certified by a Public Notary. Notarial act must take place on current Registrant’s domicile. If current Registrant is non - Ecuadorian, it is possible to be required a legalization practiced by the Ecuadorian Consulate or Embassy, besides the notarial act.
Photo id of the people signing the document.
Persons signing the Transfer form on behalf each party, must be their legal representative. Their appointment note must be delivered. No payment must be overdue. The request will not be processed if full payment is not done.
12.3 SPECIAL CONDITION TO TRANSFER:
If the domain to be transferred is new, it can not be transferred before 180 days have gone by after the registry fee payment date. If it is a domain that has more than a year, it can not be transferred before 30 days have gone by after the renewal fee payment date if such payment was done with a check or a credit to a bank account and not before 150 days if such payment was done with a credit card.
13. DNS DOMAIN SERVERS
13.1 All domain registered in NIC.EC must have DNS information for the Primary server and the Secondary server. For each server, it is needed the name of the server and the pertinent IP address in order to include it in the zone files. Without the DNS information, domain may exists but without being in the zone files, it can not be accessed through the internet, which means that if the registered domain is for a web page or email, this will not be accessed or seen and the emails will not be received. The precise and correct information on servers names and IP addresses given to NIC.EC are an exclusive responsibility of the person requiring the registry or modifying the information. NIC.EC is not responsible for the lack of access if this information is not correct or not updated, as well as neither will be responsible if the defined servers are correct but did not work.
13.2 Also, for those domain registries which purpose is to reserve the name and use it in the future for a web page or email, NIC.EC will temporarily assign DNS information, but with full knowledge of the Registrant that his/her domains will not be Internet accessed. This way, it is guarantied that all domains have at least two DNS. When the Registrant wishes to use his/her domain through the Internet, he/her will have to modify the DNS information. These do not change the normal conditions and applicable fees for a registered domain.
14.1 Web pages design, Internet access service and email service
NIC.EC is not a provider of Internet services. NIC.EC is not a provider of email. NIC.EC does not develop, design or host web pages. These kinds of services must be obtained from Internet services providers and/or web pages designers or developers. Therefore, fees paid to NIC.EC are exclusive for the registry and maintenance of the domain name granted by NIC.EC and, therefore, do not include email address costs, internet access web page design or web page host.
14.2 Other domains of higher levels
NIC.EC only register domain names within the superior domain level .EC. Therefore, domains .com, .net, .org, as a higher level, which means without the .EC on their right side, must be requested to different authorized Registrars. Domains under the first level with other country’s initials are not registered by NIC.EC but by appointed registrars in each country.
14.3 Providers and Intermediaries
Domains under .ec can be registered directly through NIC.EC, but may also be requested through Internet Service Providers, Lawyers, Domain Registration Services , etc . In many cases the contact with NIC.EC is one of these entities , therefore the fees and in general the conditions described in this Policies are NIC.EC´s. Therefore other specific conditions , such as Fees , that these intermediaries that act on behalf of the Registrant, apply to the Registrant , are not under the liability of NIC.EC.
15. TRANSITORY PROVISIONS
15.1 Renewals under edu.ec , org.ec and k12.ec:
The renewals of these domains are subject to fee payment according to fee described in chapter 7.1.1 of this Policies , however those domains under edu.ec , org.ec and k12.ec with expiration date until July 31, 2002 inclusive , the renewal will be subject to the remittance of the updated documentation , in case it was requested , and will not be subject to the fee payment.
APPENDIX A.GLOSSARY AND DEFINITIONS
The following information and definitions are a reference to the terms used is these policies or in NIC.EC’s web page.
ccTLD: means Country Code Top Level Domain. For example, the country code for Ecuador is .ec, for France is .fr and for Japan is .jp.
Administrative Contact: Contact that will perform and manage the domain information through a Registry Application or other means on behalf the Registrant. This Contact is the one authorized to request modifications of other contacts and DNS servers. If the domain is invoiced, the bill will be issued with the information of the Administrative Contact. In cases of Internet providers, web page designers, domain registrars, law firms that register an Registrant’s name and act as Administrative Contact, the invoice will be issued to this companies and not to the Registrant.
Billing Contact: Contact that has the capacity to answer questions about invoices and payments. The Administrative Contact is responsible for payment. Billing Contact may be the same Administrative Contact. The invoice is not issued to the Billing Contact. The invoice is related to the Administrative Contact information .
Technical Contact: Contact for questions and confirmations on technical data, as DNS and IP addresses. Modifications to information of DNS must be requested by the Administrative Contact. Technical Contact may be the same Administrative Contact.
.COM.EC: is the second level domain to register third level domain names for Commercial use in general.
Web page designer: person or enterprise that works in graphic design and information access of a web page.
IP addresses: is the group of four numbers separated by three dots that identify a computer within the Internet. The range of each number is 0 to 255.
2LD: are the initials of second level domain.
Second level domains: in Ecuador, are the domains that go before the .ec, such as .com.ec, .net.ec, etc and names that may be registered under .ec.
3LD: are the initials of third level domain.
Third level domains: in Ecuador, are the domain names that may be registered under the already determined second level domains.
.EDU.EC: is the second level domain to register third level domain names by Educational entities, institutions and organizations such as Schools, Universities, High Schools and Institutes registered in Ecuador.
.EC: The letters EC are those appointed to identify the Republic of Ecuador and .EC (dot EC) belongs to the Top Level Domain for the Republic of Ecuador
Email: electronic mail, sometimes called only email, sometimes called email address. Its format is usually the following: [email protected]
.FIN.EC: is the second level domain to register third level domain names for financial institutions.
.GOV.EC: is the second level domain to register third level domain names for the Government of the Republic of Ecuador and governmental entities.
IANA: Internet Assigned Numbers Authority.
ICANN: Internet Corporation of Assigned Numbers and Names.
.K12.EC: is the second level domain to register third level domain names for kindergartens, elementary and high schools.
.MED.EC: is the second level domain to register third level domain names for medical, health, pharmaceutical, and medicine related entities and institutions.
.MIL.EC: is the second level domain to register third level domain names for the Armed Forces of Ecuador.
Domain names: a domain name is an unique alphanumeric name, used to identify a specific computer (e.g. a web server or a mail server) within Internet. Domain names allow Internet users to write a name, as mycompany.com.ec, to identify a numeric address of Internet protocol as 22.214.171.124. The purpose of domains is to permit users logged onto Internet to find web sites and send emails to addresses with familiar names, as " mycompany.com.ec" or "mybrand.com.ec", without having to memorize numeric addresses, which are the ones who really locate computers or servers within the Internet.
.NET.EC: is the second level domain to register third level domain names for providers of Internet services and entities dedicated to the administration of Internet networks.
.ORG.EC: is the second level domain to register third level domain names for non-profit institutions and entities. Non-governmental organizations registered in Ecuador.
Web page: document located on the web with information and links with other documents also located on the web..
PRO.EC: is the second level domain to register third level domain names for professional, such as lawyers, arquitects, accountants, etc.
Internet services providers: a provider of Internet access services, email services or hosting of web pages services.
Registrant: is the organization or person that is entitled with the usage rights of the registered domain name.
Domain names servers (DNS): are the initials of domain name servers. Is the name of the server that performs as a database to interpret an IP address in a domain name. TLD: Top level domain. Basically, they are .com, .net and .org without any other initial on their right side. In Ecuador, the TLD is .EC according the ccTLD table.
UDRP: Uniform Domain Name Dispute Resolution Policy
Whois: is a tool found on the web page or other systems that allow users to visualize information about a domain name. NIC.EC’s whois show an .ec domain name data on the Registrant, the Administrative, Technical and Billing Contacts, the DNS and IP addresses, creation date, expiration date and last modification date. Information found in the Whois is public information.
WWW: world wide web, also known as web, is the group of interconnected documents within the Internet network.
Domain names .EC can be registered directly under .EC , as second level domains and also can be registered as third level domains under the predefined second level domains .com.ec, .info.ec, .net.ec, fin.ec, med.ec, pro.ec, org.ec, edu.ec, gov.ec, mil.ec.
It is possible that other second level domains exist, that were used in the past and which they can be active, nevertheless they may not be available for new registration.
The definition of second level domains is the following one:
Commercial use in general.
.INFO.EC. Information in general.
Providers of Internet Services.
Financial Institutions and Financial Services.
Medical , Health or Pharmaceutical Institutions and Organizations and related with Medicine subjects
For professionals in general like lawyers, architects, accountants, etc
Only for Non Profit Organizations and Institutions, or nongovernmental Organizations that are registered in Ecuador
Only for Educational Organizations or Institutions such as Schools, Universities, Colleges and Institutes registered in Ecuador.
Only for use of the Government of the Republic of Ecuador and its governmental institutions.
Only for use of the Armed Forces of Ecuador
The general and specific conditions for registry are according to specified in the NIC.EC Policies and the Registry Agreement . Certain specific conditions exist for certain second level domains, same that also are detailed in the NIC.EC Policies
The following is a graphic example of top, second and third level:
Domain names are subject to the following conditions in their structure:
The only valid characters for a domain name are the letters of the alphabet (A-Z), the digits (0-9), and the dash (-). It is not allow letters with accent, nor underlined. There is no distinction between capital letters and lower case letters. The first and last character of the domain cannot be a dash, as well as two or more followed dashes cannot exist.
The required minimum length is of 3 characters and the maximum length is of 65 characters. Although technically it is allowed up to 65 characters, it is recommendable that the maximum is of 25 characters for practical reasons.
In no case the registry of a domain name will be admitted when this name:
- Is formed by terms or expressions that are offensive, affect the moral or alter public order or that is opposite to the Law of Ecuador .
- It makes reference to aspects or official subjects of the country without having the due authorization for it .
- It agrees with internet protocol names, applications and terminologies or domain name terminologies like for example: “http”, “web”, “www”, “ftp” , “telnet”, “email”, etc.
- It agrees identically, and under the same level, with a name of existing domain in the NIC.EC data base .
- It Agrees with names restricted for registry according to NIC.EC policies.
This information is presented as a summary therefore for its correct application must refer to general conditions for registry according to specified in the NIC.EC Policies and in the Registry Agreement
For new domain name registration an On line Registration tool is available which is composed of a step by step process to register a new domain.
However if you wish to register a domain name without using the On Line Registration tool, the following is required according to NIC.EC Policies and Conditions of the Registry Agreement.
Documents and Forms
Registration Form : Form to submit all the new Domain Name information . This form contains specific instructions
Domain Name Registration Agreement Signed by the person acting as Administrative Contact.
Notes on Requirements
All conditions regarding registration of a domain name are specified and detailed in NIC.EC Policies and Registry Agreement.
Both described documents must be sent signed, using the updated version, and to be sent individually by each domain name that is desired to register.
No more documents than the specified should be sent, unless in certain cases NIC.EC may ask for it.
For the domain names to be register under org.ec, edu.ec, edu.ec, k12.ec, gov.ec and mil.ec, because of their nature, certain additional requirements exist that are specified in the Policies
All these documents may be send to our address or fax. During a prudent period, until the On Line Registry tool is fully operational the submissions via fax will be accepted, later these submission would not be accepted, which will be announced in the NIC.EC web page with anticipation.
.EC DOMAIN NAMES REGISTRATION AGREEMENT
The following is an ".EC domain names registration agreement" (or registration renewal of one or more domain names of the third o second level registered by you in the domain space .EC, that on this date has been requested by you, the USER and that is ruled by the subsequent clauses:
FIRST: GLOSSARY.- Without affecting the glossary inserted in NIC.EC Policies and the technical names existing within the computer systems entourage, as well as others that may be applicable because of their nature, in order to understand the effects of this AGREEMENT, the following will be understood as meanings:
.EC.- The letters EC are those appointed to identify the Republic of Ecuador and .EC (dot EC) belongs to the Top Level Domain for the Republic of Ecuador, whose abbreviation is "ccTLD" ("country code top level domain") . The registries done by NIC.EC, according this AGREEMENT will have small letters, which means, .ec. Capital letters are used only to achieve a better comprehension of this AGREEMENT.
NIC.EC.- is an Ecuadorian entity, duly authorized by ICANN, through IANA, to administer domain names and numbers under the top level domain .EC.
USER.- is the natural or legal person requesting the REGISTRY or RENEWAL, who obliges himself/herself to comply everything stipulated in this AGREEMENT and in the COMPLEMENTARY DOCUMENTATION. In this AGREEMENT, the USER and the ADMINISTRATIVE CONTACT will have the same responsibilities.
When referring to de USER in this AGREEMENT, the masculine shall include the feminine and the neuter and vice versa, and the singular shall include the plural and vice versa.
ADMINISTRATIVE CONTACT.- ADMINISTRATIVE CONTACT is the person that appears as such in the REGISTRY APPLICATION FORM and that will have the same responsibilities as the USER, within this AGREEMENT and also within the POLICIES, besides other responsibilities introduced by the POLICIES. It is herein understood that whoever requests the REGISTRY or RENEWAL, as an ADMINISTRATIVE CONTACT, is legally capable according Ecuadorian legislation and this AGREEMENT; and is also duly authorized by the USER appearing in the REGISTRY APPLICATION FORM. With his request, the ADMINISTRATIVE CONTACT obliges the USER, as it is hereby declared that he is authorized regarding this AGREEMENT. Therefore, within this AGREEMENT, the ADMINISTRATIVE CONTACT will be called USER, jointly with whoever appears as such in the REGISTRY APPLICATION FORM.
ICANN.- is the abbreviation of "Internet Corporation of Assigned Numbers and Names".
IANA.- is the abbreviation of "Internet Assigned Numbers Authority".
DOMAIN NAMES.- a domain name is an unique alphanumeric name, used to identify a specific computer (e.g. a web server or a mail server) within Internet. Domain names allow Internet users to write a name, as mycompany.com.ec, to identify a numeric address of Internet protocol as 126.96.36.199. The purpose of domains is to permit users logged onto Internet to find web sites and send e-mails to addresses with familiar names, as "mycompany.com.ec" or "mybrand.com.ec", without having to memorize numeric addresses, which are the ones who really locate computers or servers within the Internet. It is hereby stated that the foregoing names and numbers are only examples to permit a better comprehension of DOMAIN NAMES.
AGREEMENT.- is this instrument through which the USER has requested NIC.EC: 1)the registration of one or more domain names of the third o second level located in the .EC domain space; or 2) the renewal of the registries previously done by the USER of one or more domain names of the third o second level located on the .EC domain space.
COMPLEMENTARY DOCUMENTATION.- Rules, policies and general information that has been at the service of everyone in order to be read, comprehended and accepted by the USER before the acceptance of this AGREEMENT. The complementary documentation is formed by: 1) Policies of NIC.EC; 2) Uniform Domain Name Dispute Resolution Policy, whose abbreviation is "UDRP"; 3) Rules for Uniform Domain Name Dispute Resolution Policy.
POLICIES.- General application rules elaborated and applied by NIC.EC that intend to establish rules that will determine how USERS shall use the domains of the third o second level .EC. These POLICIES are the same referred to in item 1) of the paragraph about COMPLEMENTARY DOCUMENTATION. These policies may be amended by NIC.EC whenever it is deemed appropriate. In this case, if the USER does not agree with the changes introduced by NIC.EC, he is entitled to unilaterally end this AGREEMENT but without a right to demand a reimbursement or an additional payment from NIC.EC, and vice versa, respectively. In this case, the USER will be obliged to notify via e-mail and a written letter delivered to the offices of NIC.EC, of his decision of terminating this AGREEMENT.
REGISTRY APPLICATION FORM.- is the REGISTRY or RENEWAL application form that includes: 1)USER's information; 2) Information about the administrative contacts of the USER; 3) technical information related to domain servers, hosting and USER's service; and 4) information related to invoicing. When the information given by the USER changes, the REGISTRY APPLICATION FORM shall be updated.
REGISTRY.- is the act through which the USER requests NIC.EC the registration of one or more domain names on the third o second level of domain .EC.
RENEWAL.- is the act through which the USER requests NIC.EC the re-registration of the domain registries on the third o second level of domain .EC, previously registered by NIC.EC. Renewal involves the statement of having read, comprehended and accepted the terms of the AGREEMENT, as it would be needed when requesting a new registry.
MAINTENANCE.- Pertain to the period of usage the USER will perform of the DOMAIN NAME, subject to REGISTRY or RENEWAL.
DENIAL.- is the act through which NIC.EC rejects a REGISTRY or RENEWAL, duly sustained according this AGREEMENT, the COMPLEMENTARY DOCUMENTATION and the Law.
ANNULMENT.- is the act through which NIC.EC cancel the REGISTRY or RENEWAL, and that may occur when the USER has violated rules established in this AGREEMENT, the COMPLEMENTARY DOCUMENTATION and the Law.
"WHOIS".- is the data card containing the USER's information, that will match to whatever is determined by him in the REGISTRY APPLICATION FORM and that will be ruled by the POLICIES.
1. NIC.EC is a company incorporated under the Ecuadorian legislation, whose main corporate purpose is the registration, renewal and maintenance of domain names under the level .EC (dot EC), as of the authorization granted by ICANN, through IANA.
2. ICANN, through IANA, has appointed NIC.EC as the administrator of the domain spaces under .EC (dot EC)
3. You, the USER, has requested on this date from NIC.EC the REGISTRY or RENEWAL of one or more domain names of the third o second level on the domain space .EC, subject to the terms of this AGREEMENT, therefore, before the registration or renewal of registries previously requested and granted of domain names of the third o second level in the domain space .EC, you shall declare that you had read, comprehended and accepted all terms and conditions of this AGREEMENT, as well as the COMPLEMENTARY DOCUMENTATION that has been put at your service previously.
THIRD.- REGISTRY OR RENEWAL.- Considering everything exposed in this AGREEMENT, NIC.EC will grant the REGISTRY or RENEWAL of the domain names of the third o second level on the domain space .EC, requested by the USER, according the REGISTRY APPLICATION FORM, once the following is duly complied:
1. That the USER has read, understood and accepted all conditions and terms of this AGREEMENT, as well as all COMPLEMENTARY DOCUMENTATION that has been put at his service previously.
2. That the USER has paid the fee owed for the REGISTRY or RENEWAL, as well as all payable taxes, according Ecuadorian legislation.
3. That no other DOMAIN NAME of the third o second level on the domain space .EC exactly as the one requested by the USER, already exists.
4. That the USER does not violate the rules established in this AGREEMENT, in the COMPLEMENTARY DOCUMENTATION and the Law.
The request done to NIC.EC and the USER's acceptance of the AGREEMENT and the COMPLEMENTARY DOCUMENTATION in the terms and conditions established in such instruments, do not guaranty that the REGISTRY or RENEWAL requested will be accepted by NIC.EC. If the REGISTRY or RENEWAL is not accepted, NIC.EC will issue a DENIAL within the 30 days following the FEE payment date and such payment clearing. In this case, the USER will be entitled to receive a full reimbursement of the FEE paid to NIC.EC.
Within this AGREEMENT, the acceptance of the USER is deemed to be the statement made by him during the on-line registration on the Internet page of NIC.EC (www.nic.ec) of having read, understood and accepted all conditions of this AGREEMENT and the COMPLEMENTARY DOCUMENTATION, as well as the effective payment of the FEE to NIC.EC. Moreover, NIC.EC acceptance will be execution of the REGISTRY or RENEWAL requested by the USER. If the USER could not perform an on-line registration successfully, he could ask NIC.EC for a jointly and physical execution of the AGREEMENT.
If the REGISTRY or RENEWAL request is done on-line, the USER would be able to obtain from the Internet page of NIC.EC (www.nic.ec), the AGREEMENT and the COMPLEMENTARY DOCUMENTATION. If the USER requests that such information be delivered trough the Internet, such request must be expressly done to NIC.EC and it will be obliged to forward it to the e-mail address inserted in the REGISTRY APPLICATION FORM. If the USER requests the jointly and physical execution of the AGREEMENT, as detailed in the here-above paragraph, NIC.EC will deliver a copy of the executed document.
If the REGISTRY or RENEWAL is accepted, NIC.EC will grant the USER the exclusive usage of the DOMAIN NAME he chose, during the term of this AGREEMENT and according the paid FEE.
FOURTH: RESTRICTIONS FOR THE REGISTRY OR RENEWAL AND USE OF THE DOMAIN NAME.- The REGISTRY or RENEWAL can not be used by the USER to offend third parties, or to develop unlawful activities, or to break the Law, or to attempt against public order or moral and good behavior. If it is verified that the USER is using the DOMAIN NAME against to whatsoever stated in this AGREEMENT and the POLICIES, NIC.EC is entitled to end this AGREEMENT without any reimbursement or indemnification.
NIC.EC expressly declares that the REGISTRY or RENEWAL and the DOMAIN NAME do not constitute any kind of registry or acknowledgment by NIC.EC of any kind of trademark, patent, copyright or intellectual property.
FIFTH: FEE.- Is the payment that must be done by the USER for the REGISTRY or RENEWAL and for the MAINTENANCE, that will be equivalent to the fee fixed in the POLICIES. For the application and interpretation of this AGREEMENT, there will be two kind of FEES: a) the REGISTRY or RENEWAL FEE that will be paid by the USER once, when any of the before mentioned acts are performed; and 2) the MAINTENANCE FEE that the USER will pay during the period of usage of the DOMAIN NAME.
If the USER has paid for the REGISTRY or RENEWAL and MAINTENANCE, he will be entitled, during the term of this AGREEMENT, to not be affected by a FEE modification and, therefore, if the POLICIES are amended in such part that refers to fees, NIC.EC will not be able to request the USER for an additional payment because of such modification.
The REGISTRY or RENEWAL and MAINTENANCE will always be ruled by the fees in force at the time the USERS do those acts.
SIXTH: AFFIDAVIT.- THE USER SWEAR UNDER OATH THAT THIS AGREEMENT DOES NOT HAVE AN UNLAWFUL CAUSE OR OBJECT AND THAT IT IS NOT INTENDED TO HARM THIRD PARTIES; THEREFORE, THE REGISTRY OR RENEWAL REQUEST IS DONE BY THE USER ON HIS OWN RISK AND RESPONSIBILITY. HE ALSO DECLARES THAT EVERYTHING STATED IN THE REGISTRY APPLICATION FORM AND THIS AGREEMENT IS TRUE. THE USER ALSO DECLARES THAT THE MONEY WITH WHICH HE PAYS THE FEE HAS A LEGITIMATE ORIGIN AND DO NOT COME FROM ACTIVITIES RELATED TO THE CULTIVATION, FABRICATION, STORAGE, CONSUMPTION USAGE, AND TRAFFIC OF NARCOTICS. HOWEVER, THE USER AUTHORIZES NIC.EC TO DELIVER ANY KIND OF INFORMATION THAT MAY BE REQUESTED BY AUTHORITIES AND CONTROL AGENCIES. WITHOUT PREJUDICE, NIC.EC WILL KEEP THE RIGHT TO REQUEST THE USER AT ANY TIME, THE INFORMATION AND DOCUMENTATION THAT IT DEEMS CONVENIENT AND THE CONFIRMATION OF THE STATEMENTS GIVEN IN THE REGISTRY APPLICATION FORM AND THIS AGREEMENT.
THE USER ALSO DECLARES UNDER OATH:
A. THAT HE HAS LEGAL CAPACITY TO CELEBRATE CONTRACTS. IN CASE OF BEING A NATURAL PERSON, HE ALSO DECLARES HE IS 18 YEARS OLD OR OLDER.
B. THAT THE APPOINTED DOMAIN NAME DOES NOT CONSTITUTE A PROPERTY OVER SUCH NAME, BUT ONLY THE EXCLUSIVE USAGE OF IT BY THE USER, UNDER THE TERMS PROVIDED IN THIS AGREEMENT, THE COMPLEMENTARY DOCUMENTATION AND THE LAW.
C. THAT EVEN THOUGH THE REGISTRY OR RENEWAL OF ONE OR MORE DOMAIN NAMES DO NO CONSTITUTE A TRADEMARK OR ANY KIND OF INTELLECTUAL PROPERTY REGISTRATION, THE REQUESTED NAME THAT MAY BE APPOINTED TO THE USER MAY BELONG TO A REGISTERED TRADEMARK OR INTELLECTUAL PROPERTY PROTECTED BY LAW.
D. THAT THE COMPLEMENTARY DOCUMENTATION HAS BEEN AT HIS SERVICE PRIOR THE ACCEPTANCE OF THIS AGREEMENT.
E. THAT THE INFORMATION DETERMINED IN THE REGISTRY APPLICATION FORM AND THIS AGREEMENT IS TRUE, PRECISE AND CORRECT.
F. THAT ANY CHANGE OF THE INFORMATION PROVIDED ON THE REGISTRY APPLICATION FORM SHALL BE NOTIFIED TO NIC.EC, AS PROVIDED IN THE POLICIES.
G. THAT HE UNDERSTANDS THAT DUE TO THE NATURE OF THE SERVICE PROVIDED BY NIC.EC, POLICIES MAY BE AMENDED IN THE FUTURE, IN THE APPLICATION OF LEGAL STATUTES, TECHNICAL REQUIREMENTS, COMPETENT AUTHORITIES DECISIONS OR THE COMPANY'S DECISION. THESE MODIFICATIONS WILL BE NOTIFIED TO THE USER BY NIC.EC.
H. THAT HE ACKNOWLEDGES THE VALIDITY OF THIS AGREEMENT AND THE COMPLEMENTARY DOCUMENTATION.
I. THAT HE ACKNOWLEDGES THAT THE INFORMATION PROVIDED IN THE REGISTRY APPLICATION FORM WILL BE OF PUBLIC DOMAIN, THEREFORE, NIC.EC WILL PUBLISH IT IN THE "WHOIS".
J. THAT IF THE REGISTRY IS REQUESTED BY AN ADMINISTRATIVE CONTACT HE EXPRESSLY DECLARES TO BE LEGALLY CAPABLE AND DULY AUTHORIZED BY THE USER TO PERFORM THE REGISTRY OR RENEWAL, AS WELL AS TO AGREE TO THE CLAUSES OF THIS AGREEMENT AND THE COMPLEMENTARY DOCUMENTATION.
SEVENTH: REGISTRY CANCELLATION.- NIC.EC is entitled to cancel the REGISTRY or RENEWAL of DOMAIN NAMES, in the following cases:
1. for the lack of payment of the FEE for the DOMAIN NAME REGISTRY and/or the FEE for RENEWAL, that belongs to the FEE for maintenance foreseen in the POLICIES;
2. if the ICANN or the IANA or any other competent authority command the cancellation of the DOMAIN NAME, whether it is self-determined or because of a legal dispute;
3. if the Law or the conditions stated in this AGREEMENT and the COMPLEMENTARY DOCUMENTATION are violated;
4. if the REGISTRY or RENEWAL belongs to any kind of wealth protected by the Government or the Law; and such conclusion is ruled by a competent authority according this AGREEMENT and in force legislation;
5. if with the REGISTRY or RENEWAL public order, morals or good behavior are in danger;
6. if for technical or legal reasons it is necessary to modify or vary the registered name and the USER does not accept such changes;
7. at the express request done by the USER;
8. if the USER does not deliver any information or documents requested by NIC.EC.
EIGHT: REGISTRY OR RENEWAL SERVICE SUSPENSION.- NIC.EC is entitled to suspend their services when one or more of the following circumstances occur:
8.1 when due to legal, statutory or tariffs modifications, in Ecuador or abroad, NIC.EC is not able to render their services of REGISTRY or RENEWAL;
8.2 when competent authorities, whether domestic or foreigners, issue decisions that do not permit NIC.EC the REGISTRY or RENEWAL of DOMAIN NAMES for the USERS;
8.3 when for technical reasons, NIC.EC is unable to render their services; and,
8.4 when because of acts of God or nature, NIC.EC is obliged to temporarily or definitively suspend the services.
NINTH: RIGHTS AND OBLIGATIONS OF THE USER.- Without affecting others that belong to the nature of this AGREEMENT, the USER has the following rights and obligations:
RIGHTS: The USER has the following rights:
a. Once the REGISTRY or RENEWAL is accepted by NIC.EC, the USER will be entitled to the exclusive usage of the DOMAIN NAME, according the rules inserted in this AGREEMENT and the COMPLEMENTARY DOCUMENTATION.
b. The USER is entitled to a full reimbursement of the paid FEE, if NIC.EC rejects the REGISTRY or RENEWAL, according the rules of this AGREEMENT and the COMPLEMENTARY DOCUMENTATION.
c. Others established in this AGREEMENT, the POLICIES and the Law.
OBLIGATIONS: The USER has the following obligations:
a. Pay the FEE.
b. Destined to lawful purposes the DOMAIN NAME appointed by NIC.EC.
c. Deliver the information and documentation requested by NIC.EC.
d. Indemnify NIC.EC, whenever NIC.EC is damaged or harmed in any of its rights, due to a wrongfully application or violation of any rule established in this AGREEMENT, the COMPLEMENTARY DOCUMENTATION or the Law.
e. Notify NIC.EC of any modification done to any of the information provided on the REGISTRY APPLICATION FORM.
f. Others established in this AGREEMENT, the POLICIES and the Law.
TENTH: RIGHTS AND OBLIGATIONS OF NIC.EC.- Without affecting others that belong to the nature of this AGREEMENT, NIC.EC has the following rights and obligations:
RIGHTS: NIC.EC has the following rights:
a. Approve the REGISTRY or RENEWAL requested by the USER.
b. Receive the FEE's payment.
c. Demand the fulfillment of this AGREEMENT and the COMPLEMENTARY DOCUMENTATION.
d. Request the USER any information or documentation it deems convenient.
e. Others established in this AGREEMENT, the POLICIES and the Law.
OBLIGATIONS: NIC.EC has the following obligations:
a. Render the services of REGISTRY or RENEWAL and MAINTENANCE and the exclusive usage of DOMAIN NAMES to the USER, except to what is established in this AGREEMENT.
b. Fully reimburse the FEE when the REGISTRY or RENEWAL has been rejected by a DENIAL issued by NIC.EC, according to what is established in this AGREEMENT.
c. Others established in this AGREEMENT, the POLICIES and the Law.
ELEVENTH: TERM: This AGREEMENT will be effective for the term for which the USER has paid the FEE.
TWELFTH: SPECIAL STATEMENT.- The USER understands and accepts that because of its nature, this AGREEMENT is not legally perfect solely with NIC.EC and the USER 's signature, but with the acceptance of the AGREEMENT done by the USER during the on-line registration and NIC.EC acceptance that will be deemed as such once registered or renewed the domain names of third o second level on the domain space .EC requested by the USER. Therefore, the USER would not be able to invoke lack of sufficient instrument for the application of the rules and conditions established in the AGREEMENT and the COMPLEMENTARY DOCUMENTS, and, moreover, the USER as well as NIC.EC recognize the validity and effectiveness of this AGREEMENT within the commercial transactions done through the Internet.
In case that, according the third clause of this AGREEMENT, it is not possible for the USER to perform the on-line registration and expressly requests NIC.EC the physical and jointly execution of this AGREEMENT, its legal perfection will be deemed with the signatures of NIC.EC and the USER.
THIRTEENTH: WARRANTIES AND RESPONSIBILITY.- NIC.EC WILL NOT GUARANTEE AND WILL NOT BE HELD RESPONSIBLE FOR: (a) THE SUSPENSION OR CANCELLATION OF THE DOMAIN NAME REGISTRY; (b) THE USE DONE BY THE USER OF THE DOMAIN NAME; (c) THE INTERRUPTION OF USER'S USAGE OF THE DOMAIN NAME; (d) ACCESS DELAYS OR INTERRUPTIONS TO THIS SITE OR THE WEB SITE (S) THAT CAN BE ACCESSED BY THE DOMAIN NAME OF THE USER; (e) THE NON-DELIVERY OF THE INFORMATION, THE WRONGFUL DELIVERY OR ITS CORRUPTION, DESTRUCTION OR ANY OTHER MODIFICATION; (f) ANY EVENT THAT GOES BEYOND THE CONTROL OF NIC.EC; (g) THE RIGHTFUL PROCESSING OF THIS AGREEMENT AND THE COMPLEMENTARY DOCUMENTATION; (h) THE APPLICATION OF THE CONFLICTS POLICY; OR (i) ANY DAMAGE SUFFERED BY THE USER OR A THIRD PARTY, DUE TO THE USE OF THE DOMAIN NAME. IN THESE CASES, NIC.EC WILL NEITHER INDEMNIFY IN ANY WAY THE USER OF THE AFFECTED THIRD PARTY, NOR WILL REIMBURSE THE FEE PAID BY THE USER.
IF SOMEHOW IS DETERMINED THAT NIC.EC HAS ANY KIND OF RESPONSIBILITY IN THE SERVICE'S RENDERING, NIC.EC SHALL REIMBURSE THE FEE PAID BY THE USER.
FOURTEENTH: APPLICABLE LEGISLATION.- This AGREEMENT is subject to the Ecuadorian Legislation and international legislation recognized by Ecuador.
FIFTEENTH: DOMAIN NAMES MODIFICATION PROHIBITION.- DOMAIN NAMES can not be modified. If for any reason, the USER requests any modification, there must be canceled the requested REGISTRY or RENEWAL and the USER shall request a new REGISTRY according the new DOMAIN NAME.
SIXTEENTH: TRANSFER OF RIGHTS OVER THE DOMAIN NAME.- The USER may transfer the registered DOMAIN NAME through the subscription of the transfer form and the fulfillment of the requirements established in the POLICIES. Anyhow, the transfer of the rights over the DOMAIN NAME will not be perfect until NIC.EC has accepted such transfer.
SEVENTEENTH: SPECIAL REGISTRIES: NIC.EC will confer the REGISTRY or RENEWAL of the SPECIAL REGISTRIES determined in the POLICIES, solely to legal persons, public or private, legally established in Ecuador, that prove such quality with the information and documents determined in the POLICIES.
EIGHTEENTH: CONFLICTS BETWEEN THE USER AND NIC.EC.- All conflicts arising from the application of this AGREEMENT between the USER and NIC.EC will be solved through a direct settlement. If no settlement is reached during such procedure, the USER as well as NIC.EC will submit themselves to an arbitrage administered by the Arbitrage Center of the Guayaquil Chamber of Commerce and the procedure established in the Arbitration and Mediation Law, published on the Official Diary number 145, on September 4, 1997. The arbitrators shall rule according the Law and shall request the execution of precautionary measures. Counterclaims shall also be submitted to arbitration.
NINETEENTH: CONFLICTS BETWEEN THE USER AND THIRD PARTIES.- If any conflict arises between the USER and THIRD PARTIES that feel harmed by the registries or renewal of registries previously done of domain names of third o second level on the domain space .EC, it will be solved through a direct settlement. However, if no agreement is reached, the USER and the THIRD PARTIES will submit themselves to an arbitrage administered by ICANN, according the Uniform Domain Name Dispute Resolution Policy or "UDRP" or to whatsoever they freely agree. In any case, NIC.EC will not have any responsibility, interference or relation to the process, except when it is needed other way, and therefore, NIC.EC will fulfill the instructions given by competent authorities that deal with the trials originated because of the conflicts between the USER and THIRD PARTIES.
TWENTIETH: NOTIFICATION AND PUBLICITY.- NIC.EC will notify the USER of any relevant fact in relation with him and/or the service rendered by NIC.EC, through its web page (www.nic.ec). If the case concerns one or more specific USERS and not all USERS, NIC.EC will notify only and exclusively the affected USERS to their e-mails, according to what they stated in the REGISTRY APPLICATION FORM. However, the USER shall notify NIC.EC any modification of the information provided on the REGISTRY APPLICATION FORM. If the USER does not notify NIC.EC about the changes or modifications of the information provided by him on the REGISTRY APPLICATION FORM, NIC.EC will not be held responsible for the effects or consequences arising from that lack of action of the USER.
The information provided by the USER in the REGISTRY APPLICATION FORM, as well as the approved DOMAIN NAME shall be put for public knowledge by NIC.EC, through the "whois", that will be available upon request of anyone on the web site of NIC.EC: www.nic.ec.
For conformity and acceptance of the present agreement , is subscribed in Guayaquil,
This Domain Name Dispute Policy is to be followed for disputes with third parties regarding the registration and use of a .ec third or second level domain name (a "Domain"). Disputes you may have with NIC.EC for its non-compliance with the .ec Domain Name Registration Agreement you have executed with NIC.EC (as opposed to disputes a third party may have with you for your registration and use of your Domain) are resolved as set forth in the .ec Domain Name Registration Agreement, not through this Dispute Policy.
For resolution of disputes brought by third parties against Domain registrants, NIC.EC has adopted the Uniform Domain Name Dispute Resolution Policy (the "UDRP") created and adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"). The UDRP is a mandatory administrative procedure to resolve domain name disputes between domain name registrants and third parties through an arbitration process that is intended to be fair, non-partisan and cost-effective. The full text of the UDRP is available at http://www.icann.org/udrp/udrp.htm and is incorporated into this Domain Name Dispute Policy and the .ec Domain Name Registration Agreement by this reference.
For better understanding of domain names dispute resolution , refer to NIC.EC Policies and NIC.EC Registration Agreement.
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