Any person or Company situated within the European State (EU) can now apply for top level domain registration in Hungary (mycompany.hu).
You are still required to provide a Hungarian local contact to act as administrator for the domain (Safenames can provide this service)
Companies out side the EU but holds a Hungarian, EU or world trade mark can apply for .hu domain under the condition that trade mark is the same name as domain name.
Delegation rules - List of protected names
ac email info nom sport
arpa e-mail internet ns tm
biz firm iskola nui web
co ftp mail org www
com gov mx pp
dns ind net priv
Information on the protected names and on their delegation
Protected names are special names which can not be registered freely for domain names. These names are protected under not only the .hu TLD (e.g., www.hu) but also under the secondary level public domains (e.g., www.co.hu or www.hotel.hu can not be registered)
Some of these protected names can not be registered at all while others are reserved for special cases and can be used in certain circumstances. For example some of them became secondary level public domains (e.g., co.hu, org.hu). Another case was the delegation of gov.hu to the Hungarian government which was consistent with the international usage. Certain delegations (e.g., net.hu) occurred before setting up the list of protected names in which case the domain was, naturally, not revoked retrospectively. The secondary level public domain nui.hu was set up following international recommendations, although it never became popular.
Delegation rules - List of special names
The following domain names have been denied for registration under a previous registration rule. Their case is currenttly under legal review. Further decision on their fate will be made ilater.
accomodation.hu broker.hu jacht.hu orszag.hu translation.hu
aruhaz.hu business.hu java.hu pc.hu travel.hu
aukcio.hu butor.hu kamat.hu search.hu turizmus.hu
auto.hu cash.hu konyv.hu szabadido.hu voip.hu
befektetes.hu credit.hu magazin.hu telek.hu vpn.hu
bor.hu house.hu oras.hu trade.hu
Consulting Board shall not be requested. The Registrar of the application objected to shall be obligated to take over the objection by the Complainant, while other Registrars shall be free to decide on such taking over. No other Registrars shall be held liable for any damage that may have been suffered by the Complainant in the event of refusal to take over the objection. 9.2 The Registrar chosen by the Complainant shall send in writing (by mail, facsimile or electronic document) to the Secretariat of the Consulting Board the objection made by the Complainant, within 8 days upon the entry in the records of the initiation of the procedure, together with the reasons and the supporting documents. In case of failure in doing so, the Secretariat of the Consulting Board shall give notice to the Registrar to complete the incomplete documents within a deadline of 8 days, with the Registrar being liable to notify the Complainant immediately of the notice so that the incomplete documents can be completed by the deadline. Failure in meeting the deadline for completion shall cause the procedure to be discontinued. 9.3 The Secretariat of the Consulting Board shall send the copy of the documents submitted by the Complainant to the Registrar of the application objected to. The Registrar shall notify the Domain Applicant immediately of the start of the procedure. The Domain Applicant may ask his or her Registrar to delete the application or may undertake the procedure by the Consulting Board (upon paying to or depositing in favour of the Registrar the fee for submission to the Consulting Board as stipulated by the Registrar in accordance with article 9.7.3 hereof) and may attach documents containing his or her opinion relating to the objection or supporting same. The Registrar shall notify the Secretariat of the Consulting Board immediately of the decision of the Domain Applicant or shall send the documents received from the Domain Applicant. In case of failure in doing so, the Secretariat of the Consulting board shall give notice to the Registrar to complete the incomplete documents within a deadline of 8 days. In case of failure in meeting the deadline for completion the Consulting Board shall conduct the procedure. 9.4 If an application entered in the Records is not honoured because in the opinion of the Registry it does not conform to the requirements of the Domain Registration Rules and Procedures, the Domain Applicant shall be informed immediately thereof by his or her Registrar indicating the respective reason. The Domain Applicant may at this time apply to his or her Registrar for a procedure by the Consulting Board with a deadline enabling the Registrar to enter the initiation of the procedure in the Records within 14 days upon the rejection. Failure in meeting the deadline shall result in the automatic deletion of the application. 9.5 The Registrar shall send in writing (by mail, facsimile or electronic document) the objection made by the Domain Applicant, his or her reasons and the supporting documents to the Secretariat of the Consulting Board within 8 days upon the entry in the records of the initiation of the procedure. In case of failure in doing so, the Secretariat of the Consulting Board shall give notice to the Registrar to complete the incomplete documents within a deadline of 8 days. In case of failure in meeting the deadline, the procedure shall be discontinued. 9.6. Failure in meeting the deadline for the initiation of the procedure by the Consulting Board shall by no means be construed as if the concerned party has renounced in any way his or her rights relating to the selection of the domain name and as if he or she has given consent to the delegation of the selected domain name to the Domain Applicant. 9.7. Rules pertaining to the Consulting Board 9.7.1 The Consulting Board shall form an advisory or ad hoc opinion in relation to the conformity of the applications to the Domain Registration Rules and Procedures. The Registry and the Registrar shall submit themselves to the opinions by the Consulting Board and shall act in accordance with the provisions contained therein and shall honour or reject the applications for delegation in accordance with the provisions contained therein. 9.7.2. The advisory opinion shall contain such general guidance in relation to the conformity of applications to the Domain Registration Rules and Procedures as is binding for the Registrars and the Registry. The advisory opinion of the Consulting Board may be requested by the Registry. 9.7.3 Ad hoc opinions shall contain an opinion as to whether a specific application by a specific Domain Applicant can be honoured or not. Any Registrar may request an ad hoc opinion of the Consulting Board prior to the delegation at its own discretion or upon the order of the Domain Applicant or that of the Complainant submitting an objection to the application. The Registrar may subject the acceptance of assignment for the start of the procedure to the payment or deposit of the procedural fee by the Principal. 9.7.4 The procedural fee for the ad hoc opinion of the Consulting Board shall be paid by the Registrar of the Domain Applicant to the Registry if the Consulting Board resolves that the specific application by the specific Domain Applicant can not be honoured. Otherwise, the fee a) shall be paid by the Registrar of the Complainant in case of procedures started as per 9.1, or 9
DOMAIN REGISTRATION RULES AND PROCEDURES
By exercising the possibilities of self-regulation provided in Paragraph 15./A. of Act CVIII of 2001, the following Domain Registration Rules and Procedures have been established by the Scientific Association of Council of Hungarian Internet Service Providers in order to ensure the uniform order of the delegation, registration and maintenance of public domains under .hu, as well as to safeguard the rights of registrants and others. The present Domain Registration Rules and Procedures have been issued as the part of contractual system created in the subject matter thereof and they shall be adhered to without any special reference being made thereto in the use of the system.
Chapter I: Terms used in the Domain Registration Rules and Procedures
The following terms described in these Domain Registration Rules and Procedures (hereinafter referred to as: Rules) shall have the following meaning:
Domain: An autonomous Internet domain, a data-base assigning names to a cluster of Internet addresses.
Domain name: A technical identifier consisting of alphanumeric characters used first of all for being easier to remember it instead of the Internet addresses indispensable for the Internet communication. These Domain Registration Rules and Procedures are applicable to domain names located directly under the top level domain of .hu or under any of the subordinated second level public domains in the Internet domain system (e.g. companyname.hu, companyname.co.hu). The domain names having tittles i.e. the internationalized domain names (IDN in the international terminology) are stored in a coded form in the name servers while they usually appear in a non-coded form on the user’s level therefore the „Domain name” is to be understood to be in a non-coded form in these Rules unless otherwise specified.
Top level domain: .hu domain delegated directly in the root of the Internet domain system.
Second level domain: Domain delegated directly under the .hu top level domain (e.g. info.hu).
Public domain: The .hu top level Internet domains as well as the second level Internet domains opened thereunder when required where the delegation is performed by the Registry. The current list of second level public domains is published by the Registry on its web-server.
Delegation: Granting to an entity or a natural person the right to use the Internet domain identified by a domain name on the basis of an application forwarded by a Registrar.
Registration: Recording the data necessary for the delegation in the appropriate databases.
Granting the right of using the domain name conditionally: Granting the right to use the domain name applied for technically prior to the delegation.
Maintenance: A delegation-maintenance service provided for the registrant wherein the necessary technical and administrative data are stored in the .hu primary and secondary name-servers and databases; they can be accessed through the Internet and are amended as and when required. .
Registrar: Any of the service-providing organizations authorized by the Registry managing the affairs relating to domain delegation, registration and domain-maintenance within a contractual relationship with the customer pursuant to the free selection and assignment of the customer applying for or using the domain.
Application Form: A document requesting data and declarations from the Domain Applicant or the Registrant; it shall be signed by the Domain Applicant or Registrant. The specimen copy of Application Form is an Annex to the Rules and forms an integral part thereof.
Domain Applicant: An entity or natural person having submitted an application for delegating a particular domain. In case if the domain applied for is delegated to the Domain Applicant, the Domain Applicant will become a Registrant.
Registrant: An entity or natural person whom the domain has been delegated to.
Administrative contact person: The representative of Registrant in administrative matters relating to the domain.
Technical contact person: The representative of Registrant in technical matters relating to the domain..
Registry: Manager of public domains (safeguards, maintains and makes available the data relating to the domains delegated under the public domains).
Records: Data relating to the domain-delegations saved in the computer system by the Registry.
Web server: An Internet location (http://www.domain.hu) of such public information as is relating to the delegation and registration of public domains and is updated on a regular basis.
Alternative Dispute Resolution Forum: a forum, independent of the Registrar and the Registry, providing alternative dispute resolution services, asked by the Registry to proceed according to the provisions set out in the Rules and special procedural rules with respect to applications relating to domain registration.
Consulting Board (CB): The Consulting Board consists of independent experts operating in the framework of Alternative Dispute Resolution Forum and forms an opinion about the issues of delegation of domain of conditional service not delegated yet moreover supports the lawfulness of delegation of domain names by its guidance.
Complainant: A party having lawful interest in establishing that the delegation of a particular domain name to an Applicant violates the Rules and Procedures.
Complainee: a Registrant whose domain name delegation is asked to be established as violating the Rules and Procedures.
Registration Decision-maker: A service for settling the disputes operating in the framework of the Alternative Dispute Resolution Forum. The members of this service are independent decision-makers settling the disputes out of the court. They make decisions about the revocation of the delegated domain names from the Registrant or the transfer of the delegated domain names to the Registrant.
Applicant: a party asking the Registration Decision-maker to revoke the delegation of a particular domain or to transfer a particular domain to it due to prejudice to its right.
Applyee: A Registrant using a domain which the Registration Decision-maker is asked to transfer or revoke.
Chapter II: Rules for the application for and registration of domains
1. Application for the delegation of domain
1.1 Criteria with regard to the Domain Applicant
1.1.1 Delegation of domains directly under the .hu public domain may be applied for by
a) any citizen of the European Union or
b) any natural person holding a permit for domiciliation in Hungary or
c) i) any entity established by virtue of law,
ii) entered in the records of or registered with an authority or court, or
iii) any entity filing its respective application with the competent authority or court and commencing its operations pursuant and according to the law prior to such entry or registration,
in the territory of the European Union
d) furthermore, the beneficiary of a trademark registered with the Hungarian Patent Office or granted protection rights in Hungary.
1.1.2 Delegation of domains directly under a second level public domain may be applied for by any domestic or foreign natural person or entity.
1.2 General rules of the delegation procedure
1.2.1 Initiating the delegation of a domain
126.96.36.199 Such Registrar is entitled to apply for the delegation of a domain as has obtained the respective right on the basis of a contract with the Registry who proceeds on the basis of the relevant mandate from the Applicant.
188.8.131.52.The conclusion by the Domain Applicant in writing of a contract with a Registrar selected by the Domain Applicant on the application for delegation is a precondition for delegation. The application shall be entered by the Registrar in the Records. The terms and conditions in the contract on the application for delegation shall not contradict the dispositions of the Rules and Regulations and the Application Form containing the legal statements of Applicant shall form an inseparable part of the contract. For the lack of other contractual terms and conditions, the Application Form itself shall be regarded as a contract on the application for delegation subject to the terms and conditions set out in the Registry’s current Domain Registration Rules and Procedures and the Registrar’s current General Conditions of Contract. In case of deviations, the dispositions set out in the Rules and Procedures shall be applied in legal relationships arising by the application for and the use of the particular domain name. In case of disputes, the conclusion of the contract on the application for delegation shall be proved by the Domain Applicant. The lack of contract on the application for delegation shall result in the immediate revocation of the domain.
184.108.40.206 Registrar and Registry may stipulate that the service of application for delegation is subject to the payment of a charge.
220.127.116.11 Domains shall be delegated upon genuine application for immediate use only. Domain Applicant shall provide for the fulfilment as early as of the date of filing the application of the requirements stated in the Rules and Procedures.
18.104.22.168 It is the Registrar’s task to record the application with the data in the Records. It is the moment to be deemed as the time of application specified by the computer timestamp when the computerised registration system of the Registry entered the application in the records.
1.2.2 The Application Form
22.214.171.124 It is a pre-requisite for the validity of the application that the Domain Applicant provides on the Application Form all the mandatory data genuinely and correctly in terms of form and content as well, furthermore the Domain Applicant verifies the data and the statements by signing the Application Form.
126.96.36.199 Where the Domain Applicant is a private person, the Application Form shall be signed by the Domain Applicant or by his or her representative authorised in a public instrument or in a fully conclusive private instrument with the authorisation being attached simultaneously, or in case of a minor by his or her legal representative, or, in case of entities, by the certified representative, with the documents verifying the representation right being attached simultaneously, in his or her own hand respectively, and it shall be sent to the Registrar in original or by facsimile. The Application Form may also be sent in such an increasingly safe and electronically signed electronic document as conclusively proves the identity of the signatory.
188.8.131.52 Registrar shall evidence receipt by signing the Application Form and indicating the time of receipt or it shall keep such records as credibly verify the fact of receiving the Application Forms and the sequence (time) thereof.
184.108.40.206 The Registrar shall keep the documents filed with the application or at the change of Registrars on paper or in electronic archives of electronically signed and at least increasingly safe documents for one year upon the termination date of the contract. When changing the Registrar, a new Application Form shall be filled out and signed by the Registrant and kept by the Registrar.
220.127.116.11 Registrar shall be liable to the Registry for the deviations from the rules concerning the completing and keeping the Application Forms.
18.104.22.168 In accordance with the registration habits on the Internet, the Registry and the Registrars shall handle publicly and make available to anyone any information stated on the Application Form. Domain Applicant or Registrant shall be liable to obtain the approval for public handling of data of other persons named on the Application Form.
1.2.3 The managing of the application
22.214.171.124 The Registrar shall immediately inform the Domain Applicant about any problems in the administration of the application (e.g. deviation from the technical prescriptions concerning the operation of domain etc.) and shall handle the problem in consultation with the 4
Domain Applicant as required by the provisions of the contract concluded with the Registry and by the Rules and Procedures.
126.96.36.199 Registry shall immediately start to process the applications forwarded in full by the Registrar and conforming to the rules and procedures and shall check if the application meets the requirements concerning the technical operability prescribed in Point 11 of these Rules and Procedures. In case if the Registry states that the requirements are not met, it sends back the application to the Registrar by indicating a technical deficiency. The Registrar shall eliminate the deficiency and meet the requirements concerning the technical operability of domain in 14 days upon the date of entering the Records. The application will automatically be deleted in case of neglecting the deadline.
188.8.131.52 Following the checking of the requirements prescribed for the technical operability, Registry shall check if the application meets the further requirements prescribed by the present Rules and Procedures as well as if all the data necessary for the application are available in full and exactly. In case if it is stated that the application meets the requirements prescribed by the present Rules and Procedures as well as it meets the requirements prescribed for the data, the domain applied for will be handed over to the Applicant for a conditional service on the working day following the day of checking procedure.
184.108.40.206 In case if the Registry states that the application is incomplete or it is contrary to the Domain Registration Rules and Procedures, Registry shall return it to the Registrar within the same deadline by indicating the reason. 14 days shall be available to the Registrar for completing the documents or revoking the application. Should the Registrar fail to enter any of these steps in the Records within the given deadline, the application will be automatically deleted.
220.127.116.11 In case if the application is deemed to be complete, it can immediately be used by the Applicant following the checking and it will simultaneously be published in the list of domains waiting for delegation on the web-server of Registry. During the conditional service, the Applicant can use the domain technically but the domain will finally be delegated only in case if no complaint is lodged against it in 8 days upon the day of publication.
18.104.22.168 In case if a complaint is lodged against the published application within the deadline, the domain will either be delegated finally or it will be deleted from the Records by the Registry depending on the decision brought by the Alternative Dispute Resolution Forum (procedure by the Consulting Board) pursuant to Point 9.
22.214.171.124 In case if no complaint is lodged against the application within the deadline, the fact of delegation will be recorded and the following data will be registered in the appropriate databases:
i) name of the delegated domain,
ii) the technical data of the delegated domain,
iii) the particulars of the registrant and the contact persons.
126.96.36.199. The Registry is not obliged to perform any pre-screening with respect to the conformity of the domain name selected. The objective of the Registry is to honour all applications sent to it by the Registrar. Should in certain exceptional cases the Registry refuse to honour the application, it can not be called to account. However Applicant can request the Alternative Dispute Resolution Forum (Consulting Board) to proceed against the rejective decision of Registry pursuant to Point 9.
2. The domain name
2.1. Formal requirements relating to the domain name
2.1.1 Domain names shall consist of at least 2 characters up to 40 characters. (It is recommended to select domain names consisting of at least 5 characters up to 10 characters).
2.1.2 Characters that can be used in domain names
a) the lower case letters without accent of the Latin alphabet (a-z), furthermore
b) lower case letters with accent of the Hungarian alphabet (á,é,í,ó,ö,o,ú,ü,u), furthermore
c) numeric characters (0-9), furthermore
d) the hyphen (-).
2.1.3 Only letters or numeric characters may be at the beginning and at the end of the domain name. The domain name shall not contain two hyphens following each other immediately.
2.1.4 The use of domain names beginning with a numeric character is not recommended by the Internet document RFC1035, therefore, though not prohibited, their registration is not recommended, and any and all liability for the functionality or the damage arising out of their use shall be borne by the registrant.
2.2 Other criteria relating to the domain name
2.2.1 The Domain Applicant is free to select the name of the domain to be delegated within the framework of law and the Rules and Procedures, at the same time the Domain Applicant shall act with utmost care in selecting the domain name so as the domain name selected by the Domain Applicant and the application for and the use of it shall not violate the rights of other persons or entities (e.g. the right of exclusive names, the right of privacy, the right of the dead, the right of intellectual property, etc.). Domain Applicants shall be expected to check the commercial register or the trademark databaseii.
2.2.2 No such domain name may be selected and used as, in terms of its meaning and/or use, is suspected of being
a) illegal, or
b) shocking, horrifying, or
2.2.3 No such domain name may be selected as
a) is already registered under the particular public domain, or
b) belongs to the protected or blocked names published on the web server.
2.2.4 In case of delegation directly under the .hu public domain
a) local municipalities only may be Domain Applicants for domains identified with settlements with a municipality, or
b) the official representation only of the particular country may be a Domain Applicant for domains identified with country names (in Hungarian, English and the own language of the country).
This restriction shall not apply to delegation directly under second level public domains.
2.2.5 Such domain names shall be selected in applications for delegation directly under the second level tm.hu public domain as are the trade marks of the Domain Applicant. 6
2.3 Liability for domain name selection
a) for the selection, meaning and use of a particular domain name as well as for the consequences thereof,
b) for the lawfulness of domain name selection and use,
c) for damage caused to third persons by the domain name selection or use
shall lie with the Domain Applicant or the Registrant exclusively
2.3.2 The Domain Applicant or Registrant shall
a) exercise appropriate care in selecting the domain name and verify his or her selection for legality prior to the application,
b) voluntarily give up the selected domain name if the use of the already delegated domain name violates the rights of others in spite of the careful action,
c) substitute the Registry and/or the Registrar if another person wants to enforce claims against the Registry or the Registrar in connection with the selected domain name or, if there is an obstacle to doing so, provide them with every help in defending against the claim,
d) relieve the Registry and/or the Registrar from any costs arising out of any legal dispute, damage or claim in connection with the domain name delegated thereto, out of the delegation and registration process, the selection, meaning or the use of the domain name, and shall do everything so that the interests of the Registrar or the Registry are not prejudiced.
2.3.3 Neither the Registrar nor the Registry, acting in this capacity, shall be held liable for any damage caused to a third person by the selection or the use of the domain name provided that the provisions in the Domain Registration Rules and Procedures and those in the contract with the Domain Applicant or the Registrant have been complied with.
2.3.4 Neither the Registrar nor the Registry shall be held liable for checking the lawfulness of the selection and the use of the domain name and the compliance thereof with the Domain Registration Rules and Procedures upon the application or during the use.
2.3.5 Neither the Registrar nor the Registry can be expected to decide whether the selection or use of the domain name is lawful or not. The Registrar and the Registry shall not be held liable for refusing to perform the delegation or for suspending or revoking the delegation of an already delegated domain name if such a domain name is selected as evidently and clearly violates the law.
2.3.6 The Registry shall fulfil the final court decisions relating to the selection or use of the domain name even if it is not party to the action. Neither the Registrar nor the Registry shall be held liable for fulfilling the decision closing the dispute (standpoint, guidance or decision of the Alternative Dispute Resolution Forum), final and binding resolution or such a resolution as is declared enforceable on a preliminary basis.
Chapter III: Maintenance of domain delegation
3. Maintenance of delegation
3.1 Maintenance of delegation is subject to the Registrant having a valid contract on the maintenance of delegation with one of the Registrars and to the entry in the Records by the Registrar of the existence of the contract, furthermore to the terms and conditions of the then
current Rules and Regulations being complied with by the Registrant. The terms and conditions of the contract shall not contradict the Rules and Procedures and the Application Form shall form an integral part of the contract. For the lack of other contractual terms and conditions, the Application Form itself shall be considered a contract on the maintenance of delegation subject to the terms and conditions set out in the Registry's current Rules and Procedures and the Registrar's current General Contractual Terms and Conditions.
3.2 The Registrar or the Registry may subject the delegation maintenance service to the payment of charges.
3.3 During the delegation period, the Registrant shall comply continuously with the terms and conditions set out in the current Rules and Procedures of the Registry. The prescriptions of the actual Domain Registration Rules and Procedures shall apply to the contract on the maintenance of delegation during the delegation period.
Chapter IV: Termination of domain delegation
4. Cancellation of delegation
4.1 If the Registrar decides to terminate the contract on the maintenance of delegation, it shall notify the Registrant thereof and enter the fact of termination in the Records. Simultaneously with the termination, the Registrar can cancel the technical service of delegation as well especially in case if in spite of sending a reminder the Registrant does not pay the fee of registration or maintenance to the Registrar within the reasonable deadline indicated in the reminder.
4.2 In such an event the Registrant shall conclude a new contract on registration with a Registrar of its choice with such a deadline as enables the Registrar to enter the conclusion of the new contract in the Records within 45 days upon the termination date of the former contract as entered in the Records.
5. Suspension of delegation
5.1 The delegation of domain shall be suspended if
a) it is required in the enforceable resolution or final judgement of the court,
b) the state attorney’s office communicates a good cause to suspect crime in the selection or in the use of the domain name,
c) it is required in the decision of the Alternative Dispute Resolution Forum .
5.2 The delegation of domain may be suspended by the Registry if
a) the Registrant fails, in spite of being called to do so, to provide for the conformity of the domain to the requirements defined in the Rules and Procedures,
b) the domain and/or the use of the domain name causes trouble in the operation of the Internet, or seriously threatens the security of the users.
5.3 During suspension the technical service of domain delegation is stopped but the person of the Registrant remains unchanged.
6. Deletion and revocation of delegation
6.1 The delegation of domain shall be deleted by the Registry if
a) the Registrant gives up domain management by virtue of its fully conclusive statement or a statement contained in a public instrument addressed to the respective Registrar,
b) it is so required by the enforceable resolution or the final and binding judgement of the court,
c) the Registrar enters in the Records that the contract on the maintenance of delegation has ceased to exist or it has been terminated by the Registrar and no Registrar enters in the Records the fact of having concluded a contract with the Registrant on the maintenance of delegation within 45 days upon the entering of ceasing or terminating the contract,
d) suspension has taken place pursuant to article 5.2 a)-b) and the reason for the suspension has not been eliminated within 45 days upon the beginning of suspension,
e) the Registrant has died or has wound up its business without any legal successor,
f) the application of the entity for getting entered in the records or for registration has been rejected on a final and binding basis,
g) the delegation of the domain name has been revoked.
6.2 The delegation shall be revoked by the Registry if
a.) a statute or the final and binding judgement of the court establishes the unlawfulness of the delegation or the selection or use of the domain or the domain name,
b) it is so required by the Decision of the Alternate Dispute Resolution Forum and the Registrant fails to prove to the Registrar within 30 days upon the date of delivery of the decision that it has applied to a court,
c) the data provided or the documents presented by the Registrant were not genuine at the time of application or transfer or the application should have been rejected on the basis of genuine data or documents, or the change in data recorded in the Records has not been announced by the Registrant and thus it has breached its obligation contained in the Registration Rules and Procedures,
d.) in the event specified in article 188.8.131.52 the contract on application for delegation and/or the contract on maintenance turns out to be missing or the Registrant is not able to prove that it has concluded such a contract originally.
6.3 Deletion of delegation shall be followed by a moratorium of 60 days in cases specified in articles 6.1. c) d) and e) during which only the former Registrant or – in case of article e.) – his or her heir or the beneficiary in the statement on transfer may file a new application for the domain name released.
6.4. If the delegation is revoked pursuant to article 6.2.a) or b), the deletion of delegation shall be followed by a moratorium of 60 days, during which period application for the released domain name may be submitted solely by a party upon the request or to protect the interests whereof the revocation has taken place.
6.5 Because of invalid contact data the delegation shall be revoked pursuant to article 6.2.c) only if - after the Registry gets a notice or suspicion that the postal address of the Registrant or the Administrative contact is invalid - the Registry sends written calls by recorded postal delivery to the Registrant, the Administrative contact and the Registrar requiring to provide valid data and after sending the calls two times the data is not corrected or the postal delivery fails because of the invalid contact data.
6.6 Deletion or revocation of delegation can be executed only by the Registry.
7. Transfer of delegation
7.1 The Registrant may transfer his or her respective rights to a new Registrant provided that
a) the new Registrant concludes a new contract on application for delegation or on maintenance according to the terms and conditions of delegation as contained in the Rules and Procedures with a Registrar who enters it in the Records and starts the new delegation procedure, and
b) the transfer has been certified for the contracting Registrar by the new Domain Applicant by means of the original copy of the fully conclusive statement or that contained in a public instrument of the former Registrant, and
c) the new delegation does not contradict the provisions of the Rules and Procedures.
7.2 Decision on transfer of the domain to the Dispute Applicant may be made by court or the Alternative Dispute Resolution Forum. Even in case of a decision or resolution with such content the domain may be transferred only if the conditions prescribed in article 7.1 are met by the party obtaining the right to use the domain as a result of the transfer.
7.3 During pending Alternative Dispute Resolution or court proceedings in respect of the domain, it is solely the Dispute Applicant or the plaintiff that the domain may be transferred to. Except for those specified in article 8.2, the Registry shall not verify the fact of pending proceedings as that shall be certified to the Registry by the party proceeding with the Registry against the transfer of the domain.
7.4 The transfer process begins with the application for registration at the Registrar as described in articles 7.1.a and 7.1.b and the transfer shall enter into force as of the date the new delegation is completed irrespectively of the date on the transfer statement of the former Registrant. When the transfer enters into force, the contract with the former Registrant shall be immediately automatically discontinued.
Chapter V: Legal disputes
8. General rules
8.1 In disputes arising between the Domain Applicant and the Registrar in connection with conformity to the Rules and Procedures the opinion of the Registrar, or if requested by the Registrar, that of the Registry shall be decisive. In case of disputes arising between the Registrar and the Registry the opinion of the Registry shall be determinant.
8.2 The fact of legal dispute on the domain shall be entered by the Registry in the Records on the basis of the request by the party initiating the procedure or on the basis of the court decision. In this case the transfer of the domain shall be restricted pursuant to article 7.3.
8.3 The Alternative Dispute Resolution Forum can be requested to proceed in the legal disputes concerning the application and use of domain. The Consulting Body proceeds in the legal disputes arising prior to the delegation of domain and the legal disputes arising concerning the delegated domains are settled by the Registration Decision-maker. During the proceeding, the Alternative Dispute Resolution Forum uses the rules concerning it as well as the rules published on the web-server of Registry and on the homepage of Alternative Dispute Resolution Forum.
8.4 The Registry and Registrar shall abide by the statement and decision of Alternative Dispute Resolution Forum and proceeds the delegation of domain as well as the revocation and transfer of the domain already delegated pursuant to the aforementioned statement and decision of Alternative Dispute Resolution Forum. Neither the Registry nor the Registrar are responsible for executing the decision of Alternative Dispute Resolution Forum.
8.5 The Alternative Dispute Resolution Forum provides its services by means of its independent advisers and decision-makers being the members of an organization separated both from the Registry and from the Registrars; this organization has been assigned by the Scientific Association of Council of Hungarian Internet Service Providers for performing the services.
9. Settlement of legal disputes prior to delegation (procedure by the Consulting Board)
9.1 The party who has a legal interest to state that the delegation of domain submitted to the conditional service to a particular applicant conflicts with the rules, can request the Alternative Dispute Resolution Forum to proceed the procedure. The Complainant can submit his complaint by listing the reasons to any of the Registrars chosen by him by indicating a deadline which makes it possible for the Registrar to enter the initiating of procedure in the Records in 8 days upon the first day of publishing the domain on the delegation waiting list and to submit the complaint in 14 days upon the first day. The Alternative Dispute Resolution Forum (Consulting Board) cannot be requested to proceed the procedure in case of failing the deadline. The Registrar of the Domain Applicant is obliged to take over the complaint while the other Registrars can freely decide about the taking over of the complaint. No other Registrars are responsible for any damages caused to the Complainant owing to refusing the taking over of the complaint. .
9.2 The failing of deadline available for initiating the procedure by the Alternative Dispute Resolution Forum (Consulting Board) does not mean that the party concerned has revoken his/her rights concerning the selecting of domain name and has contributed to the delegation of the selected domain name to the applicant of domain.
9.3 In case if an application entered to the Records is not fulfilled owing to the fact that it does not meet the prescriptions of the present Rules and Procedures in the opinion of Registry, the Domain Applicant shall immediately be informed about this fact by his/her Registrar by indicating the reason. In this case the Domain Applicant can request his/her Registrar to ask the Alternative Dispute Resolution Forum (Consulting Board) for proceeding the procedure by indicating a deadline by which it becomes possible for the Registrar to enter the initiation of procedure in the Records in 14 days upon the refusal. The application is automatically deleted in case of failing the deadline.
9.4. The Consulting Board shall form an advisory or ad hoc opinion in relation to the conformity of the applications to the Domain Registration Rules and Procedures. The Registry and the Registrar shall submit themselves to the opinions by the Consulting Board and shall act in accordance with the provisions contained therein and shall honour or reject the applications for delegation in accordance with the provisions contained therein.
9.5. The advisory opinion shall contain such general guidance in relation to the conformity of applications to the Domain Registration Rules and Procedures as is binding for the Registrars and the Registry. The advisory opinion of the Consulting Board may be requested by the Registry.
9.6 Ad hoc opinions shall contain an opinion as to whether a specific application by a specific Domain Applicant can be honoured or not. Any Registrar may request an ad hoc opinion of the Consulting Board prior to the delegation at its own discretion or upon the order of the Domain Applicant or that of the Complainant submitting an objection to the application. The Registrar may subject the acceptance of assignment for the start of the procedure to the payment or deposit of the procedural fee by the Principal.
9.7 The Consulting Board may form an ad hoc opinion in relation to the question whether the particular domain can be delegated to the particular Applicant or not moreover whether the particular domain can be delegated to the Complainant. In this later case, exclusively the Complainant can apply again for the particular domain in 30 days upon the date of revoking the domain from the Conditional Service if this intention was indicated when submitting the complaint.
9.8. The procedural fee for the ad hoc opinion of the Consulting Board shall be paid by the Registrar of the Domain Applicant to the Registry if the Consulting Board resolves that the specific application by the specific Domain Applicant can not be honoured. Otherwise, the fee
a) shall be paid by the Registrar of the Complainant in case of procedures started as per 9.1, or
b) shall be borne by the Registry in case of procedures started as per 9.4.
The Registrar shall have the right to charge its costs relating to the procedure onto its Principal.
10. Settlement of legal disputes after the delegation (Procedure by the Registration Decision-maker)
10.1. By applying for a delegation or maintenance of a domain, the Registrant submits itself to the decision of the Alternative Dispute Resolution Forum (Registration Decision-maker) on disputes concerning the domain name. The Alternative Dispute Resolution Forum (Registration Decision-maker) procedure shall be in accordance with the Registration Rules and Procedures and the separate procedural rules of the Forum.
10.2. Upon the delegation of the domain, the transfer or the revocation of a particular domain name from a Registrant may be initiated by a party having a rightful interest in doing so, through an application corresponding to the contents of the procedural rules prescribed for the Registration decision-maker and submitted to the Alternative Dispute Resolution Forum. Simultaneously with the submission of the application, the Dispute Applicant shall pay the procedural fee the amount whereof is specified in the procedural rules.
10.3 The Alternative Dispute Resolution Forum shall decide on revoking or transferring the domain to the Applicant
aa) the domain name is identical or confusingly similar to a name in respect of which a protection is recognised or established by national and/or Community law in favour of the Dispute Applicant; or
ab) the domain name is identical or confusingly similar to a name in respect of which a right to use is recognised or established by national and/or Community law in favour of the Dispute Applicant,
b) and if
ba) the domain name has been applied for by the Applyee without rights or legitimate interest in the name; or
bb) the domain name has been applied for or is being used by the Applyee in bad faith.
10.4 The rules of verifiability of legitimate interest in favour of the Applyee as well as the rules of verifiability of bad faith brought up against the Applyee are contained in the rules prescribed for the Registration Decision-maker.
10.5. The Registrar and the Registry shall implement the decision of the Registration Decision-maker within 30 days upon the receipt thereof. The implementation of the decision shall be suspended by the Registrar and the Registry in the event the Registrant certifies during the deadline of 30 days after the communication of the decision ordering the revocation or transfer of the delegated domain that the Registrant has instituted a legal action against the Dispute Applicant in order to continue the use of the domain. In case of failure to institute such an action or missing to certify the acceptance of this action by the court or in case of a court decision which does not contradict the decision, it shall be implemented by the Registrar and the Registry.
10.6. The Alternative Dispute Resolution Forum may be used by the Dispute Applicant and the Applyee on the basis of mutual agreement to resolve any dispute in respect of domain names delegated at any time or any disputed issues other than the cases established in these Registration Rules and Procedures.
Chapter VI: Miscellaneous provisions
11. Requirements for the technical operability of the domains
The Domain Applicant or the Registrant shall provide at the time of submitting the application for domain delegation for the fulfilment of the requirements for the technical operability as defined below and shall continue to do so during the maintenance of delegation on an ongoing basis.
11.1 The following services (equipment) shall have permanent Internet connection, be accessible and function on an ongoing basis:
a) at least two domain name servers (primary and secondary), responding credibly to requests received at the TCP and UDP ports 53, and
b) in case the domain has MX record(s), at least one mail server where the manager of the particular domain receives mail sent to the address [email protected]