.nl Regulations

Requirements & Information

CountryNetherlands
CodeNL
CurrencyUSD
Available TLDsRequirements
nlNR
co.nlNR
com.nlNR

Additional Information

The registration of a .co.nl domain name is open to every person or company, whether it has a legal connection with the Netherlands or not. (an advantage compared to regular .nl registrations!)
Sunrise 2: Registered Trademarks
Tuesday 10 February 2009 - Thursday 26 February 2009
Domains that were not registered during Sunrise 1 (Grandfather) can still be claimed by trademark owners during the second phase. These applications will also be reviewed by a Verification Agent.

Multiple egigible applications of the same .co.nl name received during the 2nd Sunrise period will be assigned on a first come first served basis.

This sunrise phase will also open and end at 10:00 am GMT.

Dos and don’ts for the ‘.nl’ domain name holder Dos and don’ts for the ‘.nl’ domain name holder 29-01-2003 Page 1 of 22
Contents Introduction 3 1. Applying for a ‘.nl’ domain name 4 1.1 Difference between a ‘.nl’ domain name and a personal ‘.nl’ domain name 4 1.2 A website is not a domain name 4 1.3 The roles of the participant and SIDN 5 1.3.1 Paper documentation 5 1.3.2 Billing 5 1.3.3 If your participant’s obligations are not met 5 1.4 How to apply for a ‘.nl’ domain name 5 1.4.1 Can anyone apply for a ‘.nl’ domain name? 6 1.4.2 Finding out whether the ‘.nl’ domain name you want is available 6 1.4.3 Submitting an application via a participant 6 1.4.4 Nominating administrative and technical contact persons 7 1.4.5 Nominating a Dutch domicile if you are based outside the Netherlands 7 1.4.6 Meeting the technical requirements 8 1.4.7 Circumstances under which an application will be rejected 8 1.4.8 Acceptance of a ‘.nl’ domain name for registration 8 1.4.9 Under what circumstances can SIDN refuse to register a ‘.nl’ domain name? 9 1.4.10 Cancelling a registration 9 1.4.11 Cancellation under special circumstances, with right of appeal 10 1.5 Points that an applicant/holder should pay special attention to 10 1.6 The technical requirements that an applicant has to meet 11 1.7 Checking that your domain name has been registered 11 2. Amending a registered ‘.nl’ domain name 12 2.1 Amending the holder’s details 12 2.2 Relocating a ‘.nl’ domain name 12 2.3 Changing the holder of a ‘.nl’ domain name 12 2.4 Pledging a ‘.nl’ domain name 13 2.5 Cancelling the registration of a ‘.nl’ domain name 13 3. The processing of registered data within SIDN 14 3.1 What does SIDN do with the information I provide? 14 3.2 How can I see what information about me is available to the public? 15 3.3 What if I don’t want my details published? 15 3.4 SIDN’s data protection policy 16 4. Appeals, complaints and judicial procedures 17 4.1 Under what circumstances can I make a complaint or appeal in connection with a ‘.nl’ domain name? 17 4.1.1 If you believe that a ‘.nl’ domain name is a threat to public order or decency 17 4.1.2 If SIDN withdraws a ‘.nl’ domain name 17 4.1.3 If SIDN refuses to process a registration application 18 4.1.4 If SIDN refuses a request for information to be withheld from the public section of the register 18 4.2 Complaints and Appeals Body 18 4.3 Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names 18 Dos and don’ts for the ‘.nl’ domain name holder 29-01-2003 Page 2 of 22
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4.3.1 Breech of rights under Benelux trademark law and/or Dutch trade name law 19 4.4 Disputes referred to a court of law 19 4.5 The role of SIDN during legal proceedings 20 Appendix I: Technical requirements for the registration of a ‘.nl’ domain name21
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Introduction The Regulations on the Registration of ‘.nl’ Domain Names came into effect on 29 January 2003. These regulations differ from those that had previously been in force in various respects. Since 29 January 2003, any private individual or organisation anywhere in the world has been able to register a second-level ‘.nl’ domain name. A second-level ‘.nl’ domain name is the part of the name that immediately precedes ‘.nl’, e.g. ‘sidn’ in ‘sidn.nl’ (‘.nl’ being the top-level domain name, since a domain name is in effect read from right to left). Generally speaking, the rules on registration have become less strict. The differences between the regulations that applied before 29 January 2003 and those that now apply are summarised in the document entitled Overview of changes to holder-regulations. Dos and don’ts for the ‘.nl’ domain name holder is intended as guidance for anyone who wishes to apply for a ‘.nl’ domain name, or to amend the information registered for an existing ‘.nl’ domain name. The various steps that one should take under such circumstances are described. However, the document is not an explanation of the Regulations on the Registration of ‘.nl’ Domain Names; the latter regulations form the only basis upon which any legal rights may be asserted. Dos and don’ts for the ‘.nl’ domain name holder describes in everyday language how one should go about getting a ‘.nl’ domain name registered and maintaining the registration thereafter. In addition to describing the application and amendment procedures, the document provides information about what SIDN does with data held in the domain name register. Further guidance is also provided on making complaints and appeals and on the arbitration of disputes concerning ‘.nl’ domain names. Disclaimer SIDN disclaims all liability for any damages or loss of profits directly or indirectly suffered by a domain name applicant, domain name holder or participant as a result of or in connection with the use of a ‘.nl’ domain name or a personal ‘.nl’ domain name, the SIDN website, or this document.
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1. Applying for a ‘.nl’ domain name This chapter tells you how to go about applying for a ‘.nl’ domain name. Tips are given for making sure that the application procedure goes smoothly, and the roles that SIDN and your participant play in this procedure are described. First, however, the difference between an ‘ordinary’ ‘.nl’ domain name and a personal ‘.nl’ domain name is explained. 1.1 Difference between a ‘.nl’ domain name and a personal ‘.nl’ domain name The old regulations did not allow private individuals to register a second-level ‘.nl’ domain name (i.e. a domain name at the level immediately below the top-level domain ‘.nl’). However, since 15 November 2000, private individuals have been allowed to register third-level personal domain names, in which the second level consists of a three-digit numeric code between 100 and 999. A typical personal domain name would therefore be ‘johnsmith.752.nl’. Applicants are allowed to choose their own three-digit code. The system was set up to give as many private individuals as possible the opportunity to have a ‘.nl’ domain name. If second-level registrations had been allowed, only one person called John Smith could have used his name as a ‘.nl’ domain name, whereas the system adopted meant that nine hundred people with that name could do so. The personal domain name system also has privacy benefits, since a personal domain name holder’s details can be withheld from the public section of the domain name register and replaced by the details of the participant acting for him/her (see also chapter 3). The holders of ‘ordinary’ domain names did not have this option in the past. Since the present regulations came into force, however, a private individual has been able to choose between an ‘ordinary’ (i.e. second-level) ‘.nl’ domain name and a personal ‘.nl’ domain name. In other words, anybody – a private individual, a company or any other organisation – can have a second-level ‘.nl’ domain name. In addition, private individuals have the option of registering a personal domain name on the third level. In the remainder of this document, the phrase ‘‘.nl’ domain name’ is normally used to refer collectively to both ‘ordinary’ ‘.nl’ domain names and personal domain names. Where differences apply, these are explicitly stated. 1.2 A website is not a domain name Many ‘.nl’ domain names are registered because the holder wants to build a website for communication with the wider world. The website’s address normally takes the form of the domain name preceded by ‘www’, as in ‘www.sidn.nl’ A ‘.nl’ domain name is registered with SIDN via a participant. SIDN’s register records an ‘ordinary’ ‘.nl’ domain name down to the second level only (e.g. as ‘sidn.nl’); a personal domain name is recorded down to the third level only (e.g. ‘johnsmith.752.nl’). In other words, SIDN does not register the ‘www’ part of an address. Use of a www prefix has to be arranged separately through, for example, an Internet service provider, web-hoster or system manager.
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1.3 The roles of the participant and SIDN You cannot apply directly to SIDN to register a ‘.nl’ domain name; you always have to go via a category I SIDN participant. The participant who acts for you is therefore your main contact for all matters concerning the registration of your chosen name and the subsequent maintenance of the registration. All applications, amendments, payments and so on go through your participant. So it is important to choose your participant carefully. A list of category I participants is posted on the SIDN website (http://www.sidn.nl/sidn/flat/Participants/List/). SIDN takes a neutral position in relation to its participants – it does not recommend certain participants ahead of others. Before contracting a participant to act for you, read the firm’s general terms and conditions and the provisions of your contact. 1.3.1 Paper documentation Once you have signed the registration contract that you enter into with SIDN, you should submit it to your participant. If you are applying for a personal domain name, you need to send various other documents to the participant as well. Your participant has to retain these documents for as long as the relevant domain name remains registered to you through that participant, and for five years after that. SIDN is entitled to see any such documents, or copies of them, held by the participant (see 1.4.3). 1.3.2 Billing You will not receive bills from SIDN direct. SIDN charges your participant for registering your domain name and for maintaining and, where relevant, amending your registration; your participant then bills you for services and expenses. The amounts that SIDN charges participants are published on the SIDN website (http://www.sidn.nl/sidn/flat/Domain names/Applications/Fees_and_charges/). What your participant charges you depends on the participant’s policy, but will almost certainly be more than what the participant pays SIDN. This is because your participant has to do a significant amount of administrative work as well. SIDN’s charges are regularly adjusted, taking account of participants’ views, as passed on to SIDN’s Management Board by the Council of Participants’ General Meeting. 1.3.3 If your participant’s obligations are not met If your participant’s financial obligations towards SIDN are not met, this can create problems for you. In practical terms, failure to meet financial obligations means not paying SIDN the charges due in connection with registration of your domain name and maintenance of the registration. If this happens, SIDN will contact you to explain the situation. Under such circumstances, SIDN allows thirty days for the charges due in respect of your domain name to be paid by your participant or by another participant who is willing to accept responsibility for the account. If payment is not received within thirty days, your domain name(s) are cancelled. (See also 1.4.10.) 1.4 How to apply for a ‘.nl’ domain name A company or other organisation that wants to register a ‘.nl’ domain name should apply for an ‘ordinary’ ‘.nl’ domain name. A private individual may choose between an ‘ordinary’ ‘.nl’ domain name and a personal ‘.nl’ domain name.
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You cannot apply directly to SIDN to register a ‘.nl’ domain name; you always have to go via an SIDN participant. Only so-called ‘category I participants’ can act for you in connection with an application. SIDN also has category II participants, but you cannot register a domain name through these participants. 1.4.1 Can anyone apply for a ‘.nl’ domain name? Anyone anywhere in the world can apply for a ‘.nl’ domain name. Personal domain names are only available to private individuals, though – not to companies or other organisations. There is no requirement for the applicant to be based in the Netherlands for either an ‘ordinary’ ‘.nl’ domain name or a personal ‘.nl’ domain name. However, if the applicant is based outside the Netherlands, an address in the Netherlands does have to be given, to which formal correspondence can be sent (see also 1.4.5). 1.4.2 Finding out whether the ‘.nl’ domain name you want is available A ‘.nl’ domain name can only be issued once. Names are issued on a first-come-first-served basis. Before applying to register a name, you should check that it hasn’t already been issued to someone else. To do this, go to the homepage on the SIDN website. Enter the name you are interested in in the field ‘Is the ‘.nl’ domain name still available?’, then click on the ‘>>’ button. If you receive the response ‘Domain is free’, you know that the name has not yet been issued to anyone else and that you can proceed with your application. If you get any other response, the domain you entered is not available for registration. In that case, you will need to think of another suitable name and try again. There is no guarantee that a name that is available when you make an enquiry will still be available by the time your application is received. A name is issued to the first person to make a valid application for it, not the first person to enquire about it. The fact that a domain name is available for registration does not imply that you can register it without infringing anyone else’s rights. It is up to you to establish whether the registration of a ‘.nl’ domain name would infringe anyone else’s rights. 1.4.3 Submitting an application via a participant As indicated above, an application for a ‘.nl’ domain name has to be made via a category I participant. The participant will ask you to provide certain information and to sign some forms. SIDN requires an applicant to provide the following documentation: - For an ‘ordinary’ ‘.nl’ domain name: a ‘.nl’ domain name registration contract signed by the applicant (available from your participant). - For a personal domain name: a ‘.nl’ domain name registration contract signed by the applicant (available from your participant), plus a copy of a valid passport, identity card, driving licence, or a copy of a recent extract (i.e. an extract issued within the last six months) from the municipal register. If the applicant is a minor, his or her legal representative must also sign the registration contract. Where the application relates to a personal domain name, the representative must also provide a copy of one of the identity documents listed in the previous paragraph. Similar rules apply if the applicant is the subject of a curatorship or mentorship order. It is important for all concerned – the holder/applicant, the participant and SIDN – that the registration contract is signed by the domain name applicant. Without a signed contract, it is not clear who is applying for the domain name and who is bound by the registration contract and the associated conditions. At present, it is not sufficient to rely entirely on the electronic
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archiving of contracts. Furthermore, the conversion of paper documents into electronic documents and vice versa can be problematic, particularly where various parties are involved. For the time being, therefore, SIDN requires a paper contract to be signed and retained in all cases. For reasons of legal security, clarity and so forth, SIDN has the authority to have a participant’s archives checked. A participant is obliged to retain the documentation relating to your registration for as long as the relevant domain name remains registered to you through that participant, and for five years after that. SIDN is entitled to ask your participant to make (copies of) the relevant documentation available for perusal at any time. If it turns out all or some of the documentation is not available, SIDN can cancel your registration. 1.4.4 Nominating administrative and technical contact persons Every application for a ‘.nl’ domain name has to give the name of an administrative contact person (known for short as an ‘admin-c’). The admin-c is the person whom SIDN and other parties contact about matters (other than technical problems) relating to the domain name. So, for example, if it were necessary to inform you that an arbitration procedure had been initiated in connection with the name, or that SIDN needed to cancel the name for any reason, the admin-c would be contacted. Any message e-mailed to the admin-c e-mail address is deemed to have been received by the domain name holder. Furthermore, the registered admin-c contact person acts as the domain name holder’s representative. He or she has the authority to make changes relating to the domain name in question. It therefore makes sense for the admin-c e-mail address registered with SIDN to be one that you (as the domain name holder) or someone acting on your behalf regularly checks for mail. An application also has to nominate a technical contact person (tech-c). The tech-c is the person whom SIDN contacts about technical problems relating to the domain name. In many cases, a participant acts as the holder’s tech-c, so the tech-c e-mail address registered is one that the participant can check for mail. There is nothing wrong with organising things this way, as long as you make proper arrangements with your participant. The holder of a ‘.nl’ domain name is obliged to inform SIDN promptly of any change in the holder’s address or phone number, or in the admin-c or tech-c e-mail addresses. The information should be passed on to SIDN via your participant. SIDN does not charge participants for amending these details in its register. Any inaccuracy in your registered contact details could lead to the cancellation of your registration by SIDN. 1.4.5 Nominating a Dutch domicile if you are based outside the Netherlands If a ‘.nl’ domain name applicant is not based in the Netherlands, the applicant has to give an address in the Netherlands that can be used for correspondence. This is known as the nominated domicile. The address given has to be the physical address of a property, not a PO box, so that it can be used for the dispatch and delivery of formal documents, such as registered post in the event of a dispute relating to the domain name. Every application for a ‘.nl’ domain name is checked by SIDN to make sure that a valid Dutch address is given.
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1.4.6 Meeting the technical requirements Once you have correctly completed, signed and submitted all the documents that are required by SIDN and by your participant, the latter can forward your application to SIDN. However, your application can be processed only if your chosen domain name meets SIDN’s technical requirements (see also 1.6). Your participant will normally help you make sure that this is the case. One of the technical requirements is that the primary and secondary name servers referred to in your application must function properly. If they do not, SIDN will reject the application. Under such circumstances, you will be given seven days in which to rectify the problem. SIDN believes that it is very important that name servers function properly, since otherwise the value of holding a ‘.nl’ domain name is liable to be impaired: websites will be inaccessible and e-mail will not be delivered. The specified technical requirements have to be met not only at the time that an application is submitted, but also throughout the lifetime of the ‘.nl’ domain name. If a domain name holder fails to meet this condition, SIDN has the authority to cancel the registration in question on technical grounds. 1.4.7 Circumstances under which an application will be rejected Under the following circumstances, your application will be rejected by SIDN: - If the ‘.nl’ domain name you have applied for has already been issued to someone else. (It is possible to check whether a name you are interested in is available before you apply; see 1.4.2. However, it is theoretically possible that between the time you check and the time your application is received, someone else applies to register the same name. In that case, you will be just too late, and your application will be rejected.) - If registration of the ‘.nl’ domain name you have applied for is reserved by SIDN. Only a very small number of domain names come under this heading. A full list is posted on the SIDN website (http://www.sidn.nl/sidn/flat/Domain names/Applications/Reserved_domain names/index.shtml). - If the ‘.nl’ domain name you have applied for has been temporarily or permanently withdrawn from registration by SIDN. This can happen if, for example, the Complaints and Appeals Body rules that a name is a threat to public order or decency. - If the information given on the registration form or any supplementary information is inaccurate or incomplete. - If the technical requirements are not met in respect of the ‘.nl’ domain name you have applied for. If an application is rejected, SIDN immediately informs the participant via whom it was submitted and indicates the reasons for the rejection. 1.4.8 Acceptance of a ‘.nl’ domain name for registration If an application received from a participant is in order and the technical and other requirements are met, the ‘.nl’ domain name in question is registered. The name and the associated information are recorded in the domain name register and confirmation is sent to the relevant participant. Provided an application is in order, it is processed as quickly as possible. However, if the applicant asks for certain details to be withheld from the public section of the register, a special procedure has to be followed. (See 3.3.)
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The time that confirmation of an application’s receipt is issued to the participant is treated as the time that the application is made. Once registered, a domain name becomes known to the outside world the next time that SIDN updates the ‘.nl’ zone file. This is the register of ‘.nl’ domain names and the associated technical details, used by Internet-connected machines to identify the route to the services linked to those names. The zone file is updated every working day, early in the morning. 1.4.9 Under what circumstances can SIDN refuse to register a ‘.nl’ domain name? If a ‘.nl’ domain name applicant has previously failed to abide by the registration regulations or to fulfil the associated obligations, SIDN may refuse to register a ‘.nl’ domain name to the applicant. Under such circumstances, SIDN immediately notifies the participant via whom the application was made, stating the reasons for refusal. The applicant then has thirty days from the date that SIDN’s notice is issued in which to lodge an appeal with the Complaints and Appeals Body. An appeal may be made via the relevant participant, or directly to the Complaints and Appeals Body. (See 4.2 for more information about the Complaints and Appeals Body.) 1.4.10 Cancelling a registration Without intervention, the registration of a ‘.nl’ domain name remains valid indefinitely. However, it can easily be cancelled at any time by any of the following three parties: - The domain name holder - SIDN - The participant associated with the name Cancellation by the domain name holder The holder of a ‘.nl’ domain name can cancel its registration as follows: - By terminating the registration contract between the holder and SIDN (via the relevant participant). - By asking the relevant participant to cancel the name’s registration. Cancellation by SIDN SIDN can cancel a ‘.nl’ domain name’s registration under the following circumstances: - If the contract between the participant associated with the name and SIDN expires or is terminated. Under such circumstances, the holder is given thirty days in which to move the ‘.nl’ domain name in question to another participant. SIDN notifies the holder of the situation (another reason for ensuring that the registered admin-c details are up to date). If the domain name is not relocated within this time, its registration is cancelled by SIDN. - If the ‘.nl’ domain name holder is no longer represented by a participant. Under such circumstances, the arrangements described in the previous paragraph apply, with the holder again given thirty days to move the domain to another participant. - If SIDN’s technical requirements concerning the ‘.nl’ domain name are not met or are no longer being met and corrective action is not taken within a period of time specified by SIDN. - If SIDN is ordered to cancel the registration of the ‘.nl’ domain name by a Dutch court of law or by the Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names.
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- If the Complaints and Appeals Body upholds a complaint regarding the registration of the ‘.nl’ domain name and informs SIDN accordingly. Cancellation by the participant The registration of a ‘.nl’ domain name may be cancelled by the participant associated with it under the following circumstances: - If SIDN’s technical requirements concerning the ‘.nl’ domain name are not met or are no longer being met. Under such circumstances, the participant may request cancellation on technical grounds. A participant’s authority to cancel a registration on technical grounds is conditional upon appropriate provision being made in the contract, other agreement, or general terms and conditions governing the relationship between the client (the domain name holder) and the participant. To avoid the risk of cancellation on technical grounds, a domain name holder should therefore make sure that the agreement with the participant is complied with. 1.4.11 Cancellation under special circumstances, with right of appeal Under the following special circumstances, SIDN is entitled to prevent the holder of a ‘.nl’ domain name from using the name and to cancel the name’s registration: - If it proves that the applicant has given incorrect information on the registration form or has concealed matters which could have been expected to lead SIDN to refuse the application. - If information entered in the domain name register proves to be incorrect and is not corrected by the participant within five working days of being asked to do so by SIDN. - If it proves that the participant is not in possession of one or more of the required documents (as referred to in 1.4.3). Under such circumstances, SIDN will notify the domain name holder directly and/or via the relevant participant of its decision to prevent further use of the domain name in question. The domain name holder then has thirty days from the date that SIDN’s notice is issued in which to lodge an appeal with the Complaints and Appeals Body. An appeal may be made via the relevant participant, or directly to the Complaints and Appeals Body. (See 4.2 for more information about the Complaints and Appeals Body.) If no appeal is made within the thirty-day period, SIDN cancels registration of the domain name in question. However, if a domain name’s registration is cancelled on technical grounds, the holder has no right of appeal. 1.5 Points that an applicant/holder should pay special attention to To ensure that your application is processed properly and quickly, you need make sure that you make use of the correct application forms and that they are completed in full and signed, as appropriate. Before applying for a ‘.nl’ domain name, you should also check that it has not already been issued to somebody else. Another point to check before making an application is that you will not be infringing anyone else’s rights by registering the domain name that you are interested in. If you do not check, you may find that legal proceedings are brought against you or that your registration and use
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of the name is referred to the Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names. It is also important to recognise that a complaint may be made against the registration of your chosen domain name if someone believes that it is offensive. Make sure that the information registered in connection with your domain name always remains up to date. You or the participant who acts for you must also ensure that the technical requirements are met at all times. These requirements have to be met not only when your application is submitted, but also throughout the lifetime of your ‘.nl’ domain name. If you wish to move your domain name to another participant, you need to cancel the arrangement with your ‘old’ participant before submitting a relocation application to the new one. Make sure you pay your participant’s bills on time. 1.6 The technical requirements that an applicant has to meet SIDN’s technical requirements for the registration of a ‘.nl’ domain name and the maintenance of such a registration are based on established Internet standards known as RFCs. The technical requirements are set out in full in appendix I. In most cases, your participant will take care of these matters. However, compliance remains your responsibility: if your participant fails to do what is expected, SIDN has the authority to cancel your registration. If SIDN decides to cancel a registration on technical grounds, there is no right of appeal. (See also 1.4.11.) 1.7 Checking that your domain name has been registered By visiting the SIDN website, you can check on the status of a ‘.nl’ domain name and view the information concerning that name recorded in the public section of the domain name register. (See also 3.1.) The address of the relevant page is http://www.sidn.nl/sidn/flat/Domain names/Is_the_domain_name_available?/index.shtml. If all you wish to know is the status of a name, simply enter the domain name in the appropriate field. The system will respond by indicating the name’s status. If the response is ‘Domain is active’, your domain name has been registered. If the response is ‘Domain is subject of application’, your application is being processed but registration is not yet complete. If the system indicates that a name is active, you can view the public data by checking the ‘Extended’ checkbox on the status report screen. Then click on ‘Search’, and the system will provide you with the relevant information.
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2. Amending a registered ‘.nl’ domain name Once you have registered a ‘.nl’ domain name, you can use it for your intended purpose. However, it may be that the information provided at the time of registration later changes. The various kinds of change that can occur are considered in turn below. If the information recorded in the register changes, you should inform SIDN via your participant. The time that confirmation of an application’s receipt is issued to the participant is treated as the time that the application is made. Your participant knows which procedures should be followed under given circumstances and can inform you accordingly. 2.1 Amending the holder’s details You are obliged to keep the registered holder’s details up to date. It is in any case in your own interests that the details are correct, since SIDN and other parties will use the registered details to contact you if a problem arises with your domain name. To have your holder’s details amended, you should contact your participant, who will pass the information on to SIDN . Your participant will explain the correct procedure to you, and will ensure that SIDN is notified in the correct way, using the correct form. (See 1.8 for advice about how to check your user details as presently registered.) 2.2 Relocating a ‘.nl’ domain name If you want to move your ‘.nl’ domain name from one participant to another, you should proceed as follows: - Let your old participant know that you intend to move the name and give your old participant written notice that you wish to cancel your agreement. - Complete, sign and submit to your new participant a copy of SIDN’s standard Relocation Form. This form can be downloaded from the SIDN website: http://www.sidn.nl/sidn/flat/Service/Downloads/Forms/. - Sign and submit to your new participant a copy of SIDN’s standard registration contract. Provided that the technical requirements are met, your new participant will forward the amendment application to SIDN. As soon as this application is received, SIDN will confirm receipt by sending messages to your registered admin-c e-mail address and to your old participant. However, SIDN can suspend or reverse the relocation process if it emerges that the relocation conditions are not met, or that the new participant is not in possession of the correct documents. 2.3 Changing the holder of a ‘.nl’ domain name If you wish to transfer your ‘.nl’ domain name to someone else, you should proceed as follows: - Submit to your participant a copy of SIDN’s standard Change of Domain Name Holder Form, signed both by you and by the prospective domain name holder. This form can be downloaded from the SIDN website: http://www.sidn.nl/sidn/flat/Service/Downloads/Forms/.
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- If the new domain name holder is not the same natural or legal person as the old holder, your participant must also submit a fresh registration contract for the new holder. Provided that the technical requirements are met, your participant will forward the amendment application to SIDN. A participant can also submit an amendment application to SIDN without first obtaining the appropriately signed forms on the basis of an authorised copy of a judgement handed down by a Dutch court of law or by the Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names. SIDN can suspend or reverse the transfer process if it emerges that the conditions referred to above are not met. 2.4 Pledging a ‘.nl’ domain name SIDN has been approached by various parties wanting to know what the foundation’s stance was with regard to the pledging of domain names. In a nutshell, pledging a domain name involves the holder using the name as security to obtain credit. Although the legal details of how the name-holder’s rights would be pledged to his creditor have yet to be worked out, SIDN has decided that, if the foundation is notified that a name has been pledged, SIDN will take this into account. Once proper notice of a pledge has been received, SIDN will co-operate with the cancellation of a pledged domain name, or with a change of holder initiated by the present holder, only if the pledgee’s consent is given. If and as long as SIDN is not informed that a name has been pledged, SIDN cannot and will not make any allowance for this fact. See the SIDN website (http://www.sidn.nl/sidn/flat/Domain names/Amendments/Pledging_domain_names/) for information about the correct way to report the pledging of a domain name and other related topics. 2.5 Cancelling the registration of a ‘.nl’ domain name If you, as the holder of a ‘.nl’ domain name, wish to cancel its registration, you should submit to your participant a copy of SIDN’s standard Cancellation Form. This form can be downloaded from the SIDN website: http://www.sidn.nl/sidn/flat/Service/Downloads/Forms/. Your participant will forward the form to SIDN. As soon as the cancellation request is received, SIDN will confirm receipt by sending a message to your registered admin-c e-mail address.
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3. The processing of registered data within SIDN In the course of its operational activities, SIDN processes data relating to the ‘.nl’ domain names registered with it. This data has to be recorded in a domain name register in accordance with international agreements in order to enable the issue and maintenance of ‘.nl’ domain names. Some of the data relates to private individuals. SIDN considers it important to pay close attention to the privacy issues relating to data recorded in the register. SIDN’s regulations accordingly incorporate a number of provisions relating to privacy. For example, the Regulations on the Registration of ‘.nl’ Domain Names allow a domain name holder to ask for certain details to be withheld from the public section of the domain name register. In addition, SIDN has drawn up a Data Protection Policy. 3.1 What does SIDN do with the information I provide? Data in the domain name register is processed for the following purposes: - To facilitate the processing of applications to register and use ‘.nl’ domain names - To facilitate the processing of complaints and requests from domain name holders and other interested parties - To facilitate participants’ activities performed under agreements with SIDN - To facilitate the inclusion of data in the so-called ‘zone file’ Data in the public section of the domain name register (the Whois facility) is additionally processed for the following purposes: - To facilitate the resolution of technical problems relating to the working of the Internet - To facilitate the registration of (as yet unregistered) ‘.nl’ domain names - To facilitate the protection of intellectual property rights - To facilitate the exclusion and removal of illegal or harmful material from the Internet SIDN publishes the following data: - The ‘.nl’ domain name or personal domain name - The name and address of the holder (and, where applicable, the nominated Dutch domicile address) - The name, phone number and e-mail address of the administrative contact person nominated by the holder - The name, phone number and e-mail address of the technical contact person nominated by the holder (or, in certain circumstances, by the relevant participant) - The participant associated with the domain name - Technical data, such as name server details This data has to be published because it is needed for the Internet to work properly. Under certain circumstances, for example, it is necessary to contact the technical contact person about technical matters or the administrative contact person about administrative matters. Furthermore, if someone believes that their trademark or trade name rights have been infringed, and in various other situations, it is important to be able to get in touch with the domain name holder. It is vital that you make sure the data recorded in the domain name register is always up to date. If you do not, there is a risk that you will not receive important information intended for you. Failure to update your details could even lead to cancellation of your domain name’s registration.
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Because the domain name register contains personal data, the data processor, i.e. SIDN, has to inform the Data Protection Authority about activities involving the processing of this data. As required by the Data Protection Act, SIDN has therefore registered its activities, the relevant registration number being M1051464. The information provided to the Authority is set out in SIDN’s Data Protection Policy. 3.2 How can I see what information about me is available to the public? The information about you recorded in the public section of the domain name register can be checked on the SIDN website and elsewhere. This is done using what is known as the ‘Whois facility’. In order to prevent misuse of this facility, there are limits on the number of times that anyone may request information on a single day. 3.3 What if I don’t want my details published? The regulations make a distinction between ‘ordinary’ ‘.nl’ domain names and personal domain names. A personal domain name holder or applicant can at any time ask for his or her details to be withheld or withdrawn from the public section of the domain name register by submitting a written signed request to SIDN via his or her participant. The participant will then see that the request is passed on to SIDN, who will act upon it. If you are applying for or are the holder of an ‘ordinary’ ‘.nl’ domain name and you believe that special circumstances exist, which justify withholding one or more of the information items referred to in 3.1 from the public section of the register, you can also make a written request for SIDN to record your participant’s details in place of your own. The request must describe the special circumstances upon which it is based and must be signed by you (or, in the case of a minor or someone who is the subject of a curatorship or mentorship order, by your legal representative or mentor). A request of this kind should be submitted to your participant, who will immediately forward it to SIDN. If the criteria laid down for granting such requests are not met, SIDN will give you four weeks to modify your request so that the criteria are met. SIDN will decide whether to grant such a request within three weeks of its receipt. You will be notified of SIDN’s decision directly and/or via your participant. If you are unhappy with SIDN’s decision, you have thirty days from the date that SIDN’s decision is given in which to lodge an appeal with the Complaints and Appeals Body. An appeal may be made via your participant, or directly to the Complaints and Appeals Body, and should state why you consider SIDN’s decision unreasonable. (See also 4.1 and 4.2.) If a request for data to be withheld is made in connection with a domain name application, the information concerned will not be entered in the ‘.nl’ zone file or the public section of the domain name register while the request is being considered or for the duration of the appeal period. If a request is refused and any subsequent appeal fails, the information will be withdrawn and not be entered in the ‘.nl’ zone file and the public section of the register. This
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is the standard procedure, unless the applicant has indicated that, under such circumstances, information may be entered in the ‘.nl’ zone file and the public section of the register. If a request for data to be withdrawn is made in connection with a domain name that has already been registered, the information concerned will remain in the ‘.nl’ zone file and the public section of the domain name register until a decision to grant the request is made. If a request for data to be withheld is made in connection with the transfer of a domain name from one holder to another, the information concerning the ‘old’ holder will remain in the ‘.nl’ zone file and the public section of the domain name register until a decision is made. 3.4 SIDN’s data protection policy In line with its legal responsibilities as a data controller, SIDN has drawn up a Data Protection Policy for the benefit of data subjects, i.e. people concerning whom personal data is recorded in the domain name register. In addition to providing information in compliance with certain legal requirements, this document explains certain points regarding the domain name register. The policies described apply to all data recorded in the register, not simply to data in the public section of the register (use of the Whois facility). The document contains the following information: - The purposes for which data in the domain name register is processed - The parties concerning whom data is recorded (e.g. personal and corporate domain name holders, legal representatives and contact persons) and the nature of the data recorded in each case - The origin of the data, most of which is provided in the context of a domain name registration application - The parties to whom data is made available or who have access to the data - How long data is retained and what is done to ensure security and confidentiality - The conditions under which a disclosure or correction request from, for example, a lawyer or other party acting on behalf of a subject may be processed
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Regulations for registration of .nl domain names SIDN, 29 January 2003 Preamble These Regulations set out the conditions applying to the Registration Contract entered into between a Domain Name Holder and SIDN. Definitions Article 1 Admin-C E-mail Address: an active e-mail address for the Administrative Contact Person, to be submitted by the Applicant for a Domain Name; Administrative Contact Person: a person, to be indicated by the Applicant for a Domain Name, who is deemed to represent the Applicant for a Domain Name/Holder of a Domain Name; Applicant for a Domain Name: the intended Holder of a Domain Name or Personal Domain Name; Application for Registration: the Application for Registration of a Domain Name or Personal Domain Name; Application: the application submitted to SIDN for the implementation of a certain transaction relating to a Domain Name or Personal Domain Name; Cancellation: the termination of Registration of a Domain Name or Personal Domain Name whereby the Domain Name Holder is disqualified from using the Domain Name or Personal Domain Name and registration of the Name in the Register is cancelled by SIDN; Change of Domain Name Holder: the change in the name of the Holder of a Domain Name or Personal Domain Name.
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Domain Name Holder: the party in whose name a Domain Name or Personal Domain Name is registered with SIDN, as shown by the Register; Domain Name: a combination of characters at the first level under the .nl domain; Form: a form (electronic) prescribed by SIDN in order to make a certain Application or an Application for Registration, or in the context of these; Migration: the transfer of a Domain Name or Personal Domain Name to a different Participant by the Holder of a Domain Name; Participant: an organisation which is entitled, on the basis of the Participant Contract it has entered into with SIDN, to register Domain Names or Personal Domain Names on behalf of an Applicant for a Domain Name; Personal Domain Name: a combination of characters at the second level, under a part indicated for that purpose by SIDN (whether or not at the request of the Applicant for a Domain Name) under the .nl domain at the first level, and exclusively intended for natural persons; Register: the (electronic) Register of Domain Names and Personal Domain Names; Registration Contract: the agreement between the Applicant for a Domain Name and SIDN regarding registration and maintenance of a Domain Name or Personal Domain Name, in accordance with the model prescribed by SIDN; Regulations: the present Regulations for Registration of .nl Domain Names; SIDN: the Netherlands Foundation for Internet Domain Name Registration [Stichting Internet Domeinregistratie Nederland]; Technical Requirements: specific technical requirements relating to a Domain Name or Personal Domain Name as set out in annex 1 to the present Regulations Registration of a Domain Name or Personal Domain Name Article 2 2.1 Application for a Domain Name may be made on behalf of any party, regardless of where in the world that party resides or has its registered office.
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2.2 A Personal Domain Name can only be applied for on behalf of a natural person, wherever in the world that person may reside, not acting in a professional or commercial capacity. Article 3 3.1 An Applicant for a Domain Name who/that wishes to Register a Domain Name or Personal Domain Name shall provide the Participant he/she/it has selected with the following documents: (a) for a Domain Name: a Registration Contract, signed by the Applicant for a Domain Name, according to the model specified by SIDN; (b) for a Personal Domain Name: a copy of a valid passport, identity card or driving licence, or a copy of a recent extract (i.e. no older than six months) from the Population Register, providing evidence that the Applicant for a Domain Name is a natural person, together with a Registration Contract signed by the Applicant for a Domain Name, according to the model specified by SIDN. 3.2 Should application be made for a Domain Name or Personal Domain Name by a minor, a person who has been placed under guardianship, or a person who has been made the object of a mentorship, that person’s legal representative or mentor shall co-sign the Registration Contract. In the case of a Personal Domain Name, the legal representative or mentor shall also comply with the requirement set out in Article 3.1(b). 3.3 An Applicant for a Domain Name shall indicate an Administrative Contact Person and shall provide an Admin-C E-mail Address. 3.4 An Applicant for a Domain Name who/which is not resident in the Netherlands or does not have its registered office in the Netherlands shall provide an address in the Netherlands to which written documents can be sent to the Applicant for a Domain Name and where any summonses can be served. Article 4 4.1 When submitting the Application for Registration to SIDN, the Participant shall have the documents referred to in Article 3 in its possession. 4.2 When the Application for Registration is submitted to SIDN, the Technical Requirements must have been complied with. 4.3 An Application for Registration will only be considered if it has been submitted by a Participant in the manner prescribed by SIDN.
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Article 5 5.1 Should an Application for Registration submitted by a Participant be incomplete or filled in incorrectly or not in the prescribed manner, or should it appear that the documents referred to in Article 3 are not in the possession of the Participant concerned, or should the documents not all comply with the requirements set out in the present Regulations, the Application for Registration will not be considered any further. Article 6 6.1 If the Application for Registration complies with the requirements set out in or pursuant to the present Registration Regulations, SIDN will send confirmation to the Participant of the Registration of the Domain Name or Personal Domain Name and the Domain Name or Personal Domain Name will be included in the Register. 6.2 Should the Participant not receive such confirmation within 24 hours, it may assume that the Application for Registration has not been received. 6.3 The time at which confirmation of the Application for Registration is sent to the Participant by SIDN shall be deemed to be the time at which the Application for Registration was made. Non-consideration of an Application for Registration Article 7 7.1 An Application for Registration will not be considered any further should any of the following circumstances apply: (a) an identical Domain Name or Personal Domain Name is already included in the Register or an Application for the Registration of such Name is already being considered; (b) the Domain Name or Personal Domain Name is a name that SIDN has excluded from registration or a name that SIDN has withdrawn from the registration process, either permanently or temporarily; (c) one or more of the details reported in the Application for Registration is incorrect or incomplete; (d) the Domain Name or Personal Domain Name does not comply with the Technical Requirements and still fails to do so within a period set by SIDN. 7.2 Should one of the circumstances referred to in Article 7.1 apply, SIDN shall notify the Participant involved that the Application for Registration will not be considered any further, doing so as soon as possible after receipt of the Application for Registration.
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Article 8 8.1 Should SIDN reasonably consider that the following circumstance justifies its doing so, SIDN shall be empowered to refuse to consider Applications for Registration made on behalf of a particular Applicant for a Domain Name: the Applicant for a Domain Name has failed in the past to comply with its obligations under the terms of the Regulations or the separate regulations determined in or in accordance with the said Regulations. 8.2 Should SIDN decide in accordance with Article 8.1 not to consider an Application for Registration any further, SIDN shall inform the Participant involved that the Application for Registration will not be considered any further, doing so as soon as possible after receipt of the Application for Registration and stating its reasons. 8.3 The Applicant for a Domain Name shall have the right to appeal against SIDN’s decision, either directly or via the Participant concerned, within thirty (30) days of the notification referred to in Article 8.2 being sent. 8.4 The appeal shall be submitted, in writing and with reasons, to the Complaints and Appeals Board, which shall consider the appeal. 8.5 SIDN shall determine separate rules for the working methods and composition of the Complaints and Appeals Board, the appeal procedure, and the cost of submitting and considering an appeal etc. Processing of Application for Registration Article 9 9.1 After the Domain Name or Personal Domain Name has been included in the Register, SIDN shall include it in the .nl zone file, as a result of which the Domain Name or Personal Domain Name will become known on the Internet. Obligations during period of registration Article 10 10.1 The Technical Requirements shall be complied with for as long as the Domain Name or Personal Domain Name is included in the Register. Article 11 11.1 The Holder of the Domain Name or Personal Domain Name shall ensure that the details regarding the Holder of the Domain Name or Personal Domain Name that are included in the Register (or the public section thereof) are correct and continue to be correct. Should certain
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details in the Register (or the public section thereof) be incorrect or incomplete, or if they are altered, the Holder of the Domain Name or Personal Domain Name shall immediately so inform SIDN via its Participant, doing so in the manner specified in Article 18 below. Article 12 12.1 The Holder of the Domain Name or Personal Domain Name shall ensure that the Participant whose services it makes use of has the documents referred to in Article 3 in its possession during the period of Registration of the Domain Name or Personal Domain Name. 12.2 The Participant shall provide SIDN, at SIDN’s first request and within a period set by SIDN, with a copy of one or more of the documents referred to in Article 3, or of any other Form relating to the Domain Name or Personal Domain Name, which SIDN considers necessary. Termination of Registration Article 13 13.1 SIDN shall disqualify the Holder of the Domain Name from using the Domain Name or Personal Domain Name and shall cancel the registration if: (a) SIDN receives an officially certified copy of a judgment ordering Cancellation, rendered by a Dutch court of law, that has been declared enforceable regardless of any remedy or a judgment that has become res judicata, or an arbitration award rendered by the Domain Name Arbitration Tribunal that orders such Cancellation; (b) the contract between the Participant and SIDN terminates or is terminated; (c) the Holder of the Domain Name is no longer represented by a Participant; (d) the Holder of the Domain Name requests Cancellation of the Domain Name or Personal Domain Name; (e) the Registration Contract between the Holder of the Domain Name and SIDN is terminated; (f) the Domain Name or Personal Domain Name does not comply, or no longer complies, with the Technical Requirements specified by SIDN and still fails to do so within a period set by SIDN. 13.2 SIDN shall inform the Holder of the Domain Name, either directly or via the Participant concerned, of its proposed decision to disqualify it from using the Domain Name and to cancel the registration of the Domain Name in the Register. 13.3 In the cases referred to in Article 13.1(b) and (c), SIDN shall give the Holder of the Domain Name thirty (30) days in which to migrate the Domain Name or Personal Domain Name to a new Participant. Should the Holder of the Domain Name not migrate the Domain Name or Personal Domain Name to a new Participant within the period specified, SIDN shall
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disqualify the use of the Domain Name and cancel registration of the Domain Name in the Register. 13.4 Should a Domain Name or Personal Domain Name not comply, or no longer comply, with the Technical Requirements specified by SIDN, the Participant concerned may request SIDN, using the Form specified by SIDN, to disqualify the use of the Domain Name or Personal Domain Name concerned and to cancel registration of the Domain Name. Article 14 14.1 SIDN shall be entitled to disqualify the Holder of the Domain Name from using the Domain Name or Personal Domain Name and to cancel registration if SIDN reasonably considers that one of the following circumstances applies: (a) an incorrect or untruthful statement was made when the Application for Registration was submitted or if the Application was made without the Applicant for a Domain Name making known facts and/or circumstances, of which it was aware, that were of such a nature that SIDN would not have considered the Application for Registration any further if it had known of those facts or circumstances at the time of Registration; (b) the details in the Register (or the public section thereof) are no longer correct and the Participant concerned has not corrected them, or caused them to be corrected, within five (5) working days of being so informed. If and insofar as details are concerned as referred to in the Technical Requirements, the provisions of Article 13.1(f) shall apply; (c) the Participant does not have in its possession one or more of the documents required in accordance with Article 3 or any other Form relating to a particular Application or the Application for Registration. 14.2 SIDN shall inform the Holder of the Domain Name, either directly or via the Participant concerned, of its decision to disqualify the use of the Domain Name or Personal Domain Name and to cancel the Registration of the Name in the Register. 14.3 The Holder of a Domain Name shall have the right to appeal, either directly or via the relevant Participant, against SIDN’s decision within the meaning of Article 14.1 within thirty (30) days of the notification referred to in Article 14.2 being sent. 14.4 The appeal shall be submitted, in writing and with reasons, to the Complaints and Appeals Board, which shall consider the appeal. 14.5 The submission of an appeal against the decision within the meaning of Article 14.2 shall mean that SIDN shall not implement the decision until the appeal has been ruled on. 14.6 SIDN shall determine separate regulations for the working methods and composition of the Complaints and Appeals Board, the appeal procedure, and the cost of submitting and considering an appeal etc.
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14.7 If no appeal document has been received within thirty (30) days of the notification referred to in Article 14.2 being sent, SIDN shall implement the decision. Applications for alterations Article 15 15.1 Should the Holder of the Domain Name or Personal Domain Name wish to register the Domain Name in the name of another party, it shall submit a copy of the Form for Change of Domain Name Holder prescribed by SIDN, signed by both the current and the proposed Holder of the Domain Name. Should the proposed Holder of the Domain Name be a different person or legal entity, it shall also submit a Registration Contract signed by the new Holder of the Domain Name. 15.2 As soon as the Participant concerned has the documents referred to in Article 15.1 in its possession and when the Technical Requirements have been complied with, the said Participant may submit an Application for Change of Domain Name Holder to SIDN. 15.3 In deviation from the provisions of Article 15.1 and 15.2, a Participant may also submit an Application for Change of Domain Name Holder without having in its possession a copy of the Form for Change of Domain Name Holder prescribed by SIDN and signed by both parties if the third party provides the Participant with an officially certified copy of a judgment, rendered by a Dutch court of law, that has been declared enforceable regardless of any remedy or a judgment that has become res judicata, or an arbitration award rendered by the Domain Name Arbitration Tribunal, in which it is provided that the said judgment or arbitration award shall replace the Form for Change of Domain Name Holder prescribed by SIDN. 15.4 Should it appear that the requirements for Change of Domain Name Holder within the meaning of Article 15.1 to 15.3 have not been complied with, or should it appear that the documents referred to are not in the possession of the Participant concerned, SIDN shall be entitled to cancel the Change of Domain Name Holder or not to consider the relevant Application any further. Article 16 16.1 Should the Holder of the Domain Name or Personal Domain Name wish to migrate the Domain Name to a different Participant, it shall submit to the new Participant a copy of the Migration Form prescribed by SIDN, signed by the said Holder and by the new Participant, together with a signed Registration Contract. 16.2 As soon as the new Participant has the documents referred to in Article 16.1 in its possession and when the Technical Requirements have been complied with, the said Participant may submit an Application for Migration to SIDN.
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16.3 The Holder of the Domain Name shall inform its previous Participant without delay of the proposed Migration to a different Participant. Proposals for Migration may be submitted to the previous Participant in a manner prescribed by that Participant. 16.4 As soon as SIDN has received an Application for Migration from a new Participant, it shall inform the Holder of the Domain Name or Personal Domain Name and the previous Participant. 16.5 Before migrating the Domain Name or Personal Domain Name, SIDN shall request the new Participant to confirm the Application for Migration. After receiving confirmation, SIDN shall migrate the Domain Name. 16.6 Should it appear that the requirements for Migration within the meaning of Article 16.1 to 16.5 have not been complied with, or should it appear that the documents referred to are not in the possession of the new Participant, SIDN shall be entitled to cancel the Migration or not to consider the Application for Migration any further. Article 17 17.1 Should the Holder of a Domain Name wish to cancel a Domain Name or Personal Domain Name, it shall submit a signed copy of the Cancellation Form prescribed by SIDN to the Participant concerned. 17.2 As soon as the Participant concerned has received the Form referred to in Article 17.1, it may submit an Application for Cancellation to SIDN. 17.3 As soon as SIDN has received an Application for Cancellation from a Participant, it shall inform the relevant Holder of the Domain Name or Personal Domain Name. 17.4 Before cancelling the Domain Name or Personal Domain Name, SIDN shall request the Participant to confirm the Application for Cancellation. After receiving confirmation, SIDN shall cancel the Domain Name. 17.5 Should it appear that the requirements for Cancellation within the meaning of Article 17.1 to 17.4 have not been complied with, or should it appear that the documents referred to are not in the possession of the Participant, SIDN shall not consider the Application for Cancellation any further. Article 18 18.1 Should the Holder of a Domain Name or Personal Domain Name wish to alter the details that are included in the Register (or the public section thereof), except for the name of the Holder of the Domain Name or Personal Domain name, it shall inform the Participant concerned. Alterations shall be notified in a manner prescribed by the Participant.
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18.2 The Participant, in its turn, may submit an Application to SIDN for alteration of the details within the meaning of Article 18.1, doing so by means of the Form prescribed by SIDN. Article 19 19.1 If the Application complies with the requirements set out in the present Regulations, SIDN will send confirmation of the Application to the Participant involved and will make the alteration requested in the Register. Should the Participant not receive such confirmation within 24 hours, it may assume that the Application has not been considered. 19.2 The time at which confirmation of the Application is sent to the Participant by SIDN shall be deemed to be the time at which the Application was made. 19.3 Should a Form submitted to SIDN by a Participant be incomplete or filled in incorrectly, or should it appear that the relevant documents referred to in Articles 15 to 18 are not in the possession of the Participant concerned, or should the documents not all comply with the requirements set out in the present Regulations, the Application will not be considered any further. Miscellaneous provisions Article 20 20.1 Any party who/that considers that a certain Domain Name or Personal Domain Name is contrary to public order or decency may submit a reasoned complaint to the Complaints and Appeals Board after Registration of that Domain Name or Personal Domain Name in the Register. 20.2 Should the Complaints and Appeals Board find that the Domain Name concerned is in fact contrary to public order or decency, SIDN shall disqualify the Holder from using that Domain Name or Personal Domain Name and shall cancel the registration of the said Name. 20.3 SIDN shall determine separate rules for the procedure and cost of submitting an appeal to the Complaints and Appeals Board and having it considered. 20.4 SIDN shall withdraw any Domain Name or Personal Domain Name which the Complaints and Appeals Board has determined to be contrary to public order or decency from being registered in future. Article 21 21.1 Any party that considers that by registering and/or using one or more Domain Names or Personal Domain Names a Domain Name Holder is infringing its Benelux trademark right or rights (including rights to Community trademarks) and/or its Dutch trade name right or rights
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may institute arbitration proceedings regarding the Domain Name before the Domain Name Arbitration Tribunal. 21.2 The Domain Name Holder of a Domain Name or a Personal Domain Name which has been applied for, or for which a Migration, likewise a Change of Domain Name Holder has taken place after the date on which the Registration Regulations have come into force, declares in advance that he/she/it shall submit to the judgment rendered by the Domain Name Arbitration Tribunal should any third party institute arbitration proceedings before the said Tribunal regarding a Domain Name or Personal Domain Name registered in the name of the said Domain Name Holder. 21.3 Those Domain Name Holders that, on the basis of article 21.2, have not submitted themselves to the judgment by the Domain Name Arbitration Tribunal, may voluntarily submit themselves to the judgment rendered by the Domain Name Arbitration Tribunal. 21.4 SIDN shall determine separate regulations for the manner in which arbitration on a Domain Name shall be instituted before the Domain Name Arbitration Tribunal, the manner in which the said proceedings shall be dealt with, and the cost of submitting and dealing with arbitration proceedings regarding a Domain Name. 21.5 The Holder of a Domain Name declares in advance that he/she/it shall accept that Dutch law will apply and that the Dutch courts shall be competent to rule should any third party institute legal proceedings against him/her/it regarding a Domain Name or Personal Domain Name Registered in the name of the said Holder. Article 22 22.1 SIDN shall be entitled to charge Participants for Registering Domain Names or Personal Domain Names and maintaining their Registration and for processing Applications. 22.2 SIDN shall adopt separate regulations setting out the said fees, the size of the fees and the period allowed for payment. 22.3 Should a Participant be in default with respect to its financial obligations under the terms of the separate regulations referred to in Article 22.2, SIDN shall inform the Participant and the Holder of the Domain Name that the Holder of the Domain Name will be disqualified from using the Domain Name or Personal Domain Name within thirty (30) days, with Registration of the Domain Name also being cancelled, unless the said financial obligations are complied with within that period by the Participant or by another Participant via which the Domain Name or Personal Domain Name is registered. 22.4 SIDN reserves the right to block the Domain Name or Personal Domain Name during the said period of thirty (30) days in such a way that Applications will not be considered until the financial obligations have been complied with.
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22.5 Should the financial obligations not be complied with or not be complied with on time, use of the Domain Name or Personal Domain Name shall be disqualified and its registration shall be cancelled. Article 23 23.1 SIDN processes data in order to perform the Registration Contract entered into with the Holder of a Domain Name. Processing of personal data by SIDN will take place in accordance with the regulations determined by the Management Board of SIDN pursuant to the Personal Data Protection Act (Wbp). 23.2 The public section of the SIDN Register shall include the following details, among others, for each Domain Name or Personal Domain Name, except when the Applicant for a Domain Name or the Holder of a Personal Domain Name has requested SIDN to replace certain details by the details of the Participant: - the Domain Name or Personal Domain Name; - the name and address of the Holder of the Domain Name (and the address provided in the Netherlands, if applicable); - the name, telephone number and e-mail address of the Administrative Contact Person for the Holder of the Domain Name; - the name, telephone number and e-mail address of the technical contact person for the Holder of the Domain Name and/or the Participant concerned; - the Participant concerned; - technical details. 23.3 The public section of the Register shall be open to public electronic consultation. Except when Participants have been granted exemption, as provided for in the Regulations for Participants, certain restrictions determined by SIDN and published on the SIDN website shall apply to consultation of the public section of the Register. Should the said restrictions be contravened, SIDN shall be entitled to take measures against the offender. 23.4 Without prejudice to the provisions of Article 23.2 and those of the Personal Data Protection Act (Wbp), an Applicant for a Domain Name or the Holder of a Domain Name who/that objects, due to special circumstances, to the inclusion of one or more of the details specified in Article 23.2 in the public section of the Register may request SIDN to replace his/her/its details in the public section of the Register with those of his/her/its Participant, making such request in writing and with reasons. 23.5 The request referred to in Article 23.2 and 23.4 shall be submitted to the relevant Participant. The Participant shall ensure that the said request is immediately passed on to SIDN.
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23.6 The request shall be signed by the party making the request. Should a request within the meaning of Article 23.2 and 23.4 be made by a minor, a person who has been placed under guardianship, or a person who has been made the object of a mentorship, that person’s legal representative or representatives or mentor shall co-sign the request . 23.7 Should the request not comply with the requirements set out in Article 23.4 and 23.6, SIDN shall give the party making the request four weeks to ensure that it complies with the said requirements. 23.8 SIDN shall decide on a request within the meaning of Article 23.4 within three weeks of receiving it. SIDN shall inform the Applicant for the Domain Name or the Holder of the Domain Name of its decision, either directly and/or via the relevant Participant. 23.9 The Applicant for a Domain Name or the Holder of a Domain Name shall have the right to appeal, either directly or via the Participant concerned, against a negative decision taken by SIDN on a request as referred to in Article 23.4, within thirty (30) days of the notification referred to in Article 23.8 being sent. 23.10 The appeal shall be submitted, in writing and with reasons, to the Complaints and Appeals Board, which shall consider the appeal. 23.11 SIDN shall determine separate rules for the working methods and composition of the Complaints and Appeals Board, the appeal procedure, and the cost of submitting and considering an appeal etc. 23.12 Requests within the meaning of Article 23.4 of the present Regulations, requests within the meaning of Article 40 of the Personal Data Protection Act, and the submission of an appeal within the meaning of Article 23.9, or recourse to any legal remedy regarding a negative decision on a request for details to be omitted shall have a suspensory effect with regard to the inclusion of details in the .nl zone file and the public section of the Register if the said request is submitted by an Applicant for a Domain Name. The same shall apply with respect to the period within which legal remedies are available regarding a negative decision on a request for the omission of details in the .nl zone file and the public section of the Register. Should such requests be submitted by the Holder of a Domain Name, the details concerned shall continue to be included in the .nl zone file and the public section of the Register until SIDN has granted such request. 23.13 Should a request within the meaning of Article 23.4 be declared unfounded and should no appeal have been submitted within thirty (30) days of notification of the decision within the meaning of Article 23.8, or if the appeal within the meaning of Article 23.9 has not been allowed, SIDN shall include the relevant Domain Name or Personal Domain Name in the .nl zone file and the public section of the Register, unless the Applicant for the Domain Name indicates that it wishes to withdraw the Application for Registration which it has submitted.
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Article 24 24.1 SIDN reserves the right to exclude certain Domain Names or Personal Domain Names from Registration. SIDN shall post a list on its website of Domain Names or Personal Domain Names which have been excluded from Registration. 24.2 SIDN reserves the right to withdraw certain Domain Names or Personal Domain Names from Registration and to keep them withdrawn, either permanently or temporarily. Article 25 25.1 As soon as SIDN has been informed by the Complaints and Appeals Board that an appeal within the meaning of Articles 8.3 or 14.3 has been submitted, or that a complaint within the meaning of Article 20.1 has been submitted, or if notification has been received from the Secretariat of a Domain Name Arbitration Institute accredited by SIDN that Domain Name arbitration proceedings within the meaning of Article 21.2 have been instituted, SIDN shall make a note of this in its Register and shall render impossible any alteration in the status of the Domain Name or Personal Domain Name concerned, including Cancellation or Alteration of the Domain Name Holder, for the period when the appeal or complaint is being considered or the arbitration proceedings are continuing. Article 26 26.1 SIDN shall be empowered to amend the present Regulations. SIDN shall provide notification of its intention to amend the present Regulations by stating such on its website at least thirty (30) days beforehand. If necessary, transitional regulations will be determined. Article 27 27.1 The Administrative Contact Person indicated by the Holder of a Domain Name shall be deemed to represent the Holder of the Domain Name. Notifications directed to the Administrative Contact Person via the Admin-C E-mail Address shall be deemed to have reached the Holder of the Domain Name. Article 28 28.1 SIDN shall not be liable for any direct or indirect damage and/or for any loss of profits that an Applicant for a Domain Name, the Holder of a Domain Name or a Participant may suffer as a result of, or in connection with, the registration or use of a Domain Name or Personal Domain Name or the use of the SIDN website. 28.2 The sole damage to be compensated for by SIDN shall be restricted to a maximum of the fee that SIDN has charged for registration of the Domain Name or Personal Domain Name during the calendar year concerned.
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Article 29 29.1 Unless proof is provided to the contrary, the records kept by SIDN shall be deemed to constitute full proof. 29.2 Notifications made by SIDN shall be deemed to have been made at the moment at which they were sent. Article 30 30.1 The Management Board of SIDN shall be empowered to determine separate (special) regulations and to take decisions in cases not provided for in the present Regulations. Article 31 31.1 The present Regulations, together with any amendments or special regulations, shall apply to all Domain Names or Personal Domain Names included in the Register. 31.2 The present Regulations shall be subject to Dutch law. 31.3 Should any of the provisions of these Regulations be declared invalid by a court of law, the validity of the other provisions shall not be affected.

4. Appeals, complaints and judicial procedures In addition to the Regulations on the Registration of ‘.nl’ Domain Names, there are a number of other related regulations and procedures that could affect the registration of a ‘.nl’ domain name by you or by someone else. The regulations and procedures in question are: - The complaints procedure - The appeals procedures - The arbitration regulations Implementation of the complaints and appeals procedures is the responsibility of the Complaints and Appeals Body. The arbitration procedure for ‘.nl’ domain names is operated by a separate Arbitration Body. As well as these special bodies, the law courts can also become involved in the resolution of disputes concerning ‘.nl’ domain names. Advice on which body to approach under various circumstances is given below. 4.1 Under what circumstances can I make a complaint or appeal in connection with a ‘.nl’ domain name? A complaint about a ‘.nl’ domain name may be made only under one particular circumstance. There are three circumstances under which you may appeal against a decision made by SIDN. Complaints and appeals are heard by an independent Complaints and Appeals Body (C&AB). The C&AB’s procedures are described in 4.2. The circumstances under which you can make a complaint or an appeal to the C&AB are described below. While a complaint, appeal or arbitration case concerning a ‘.nl’ domain name is in progress, SIDN will, if asked to do so by the C&AB or by the Arbitration Body, block all amendments to the holder’s details pending conclusion of the case. (See also 4.5.) 4.1.1 If you believe that a ‘.nl’ domain name is a threat to public order or decency Anyone who believes that a registered ‘.nl’ domain name is a threat to public order or decency may make a reasoned complaint to the C&AB. The C&AB can only consider complaints relating to the name itself, as opposed to complaints regarding matters associated with the name, such as the content of a website. If the C&AB upholds the complaint, SIDN will prevent the holder making further use of the domain name in question and will remove the name from the register. SIDN will also block subsequent re-registration of the name. 4.1.2 If SIDN withdraws a ‘.nl’ domain name The Regulations on the Registration of ‘.nl’ Domain Names allow SIDN under certain circumstances to prevent the holder of an ‘ordinary’ or personal ‘.nl’ domain name from making further use of the name and to remove the name from the register (article 14.1). If SIDN decides to exercise its rights in this regard, an appeal against this decision may be made to the C&AB.
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4.1.3 If SIDN refuses to process a registration application The Regulations on the Registration of ‘.nl’ Domain Names allow SIDN under certain circumstances to refuse to continue processing a domain name application from a particular applicant (article 8.1). If SIDN decides to exercise its rights in this regard, a reasoned written appeal against this decision may be made to the C&AB. 4.1.4 If SIDN refuses a request for information to be withheld from the public section of the register The Regulations on the Registration of ‘.nl’ Domain Names allow SIDN under certain circumstances to refuse a reasoned request for certain information concerning a domain name holder to be withheld or withdrawn from the public section of the domain name register and replaced by information concerning the relevant participant (article 23.8). If SIDN decides to exercise its rights in this regard, an appeal against this decision may be made to the C&AB. 4.2 Complaints and Appeals Body The Complaints and Appeals Body (C&AB) is independent from SIDN. Its role is to hear complaints and appeals concerning the registration of ‘.nl’ domain names, as provided for in SIDN’s regulations. You can only refer a matter to the C&AB under the circumstances described above. Administrative charges are made for hearing complaints and appeals. A complaint or an appeal may be submitted in either of two ways: - In the form of a registered letter from you or someone who is authorised to act on your behalf in such matters (e.g. your lawyer) - In the form of an e-mail message Appeals have to be made to the C&AB secretariat within a certain period following the SIDN decision to which they relate. An appeal cannot be heard until the relevant administrative fee has been paid. However, if the C&AB upholds a complaint, the administrative fee is refunded in full within fourteen days of the ruling. There is no right of further appeal against a ruling of the C&AB. Full details of the various procedures are posted on the C&AB website: www.cvkb.nl. 4.3 Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names Since Wednesday 29 January 2003, the WIPO Arbitration and Mediation Center has taken on the role of Arbitration Body for the Resolution of Disputes concerning ‘.nl’ Domain Names. A case may be considered by the Arbitration Body only under certain circumstances, which are described below. Once the Arbitration Body has been active for a year, its activities will be evaluated. Only cases relating to ‘.nl’ domain names that have been registered, relocated or amended since 29 January 2003 fall within the scope of the Arbitration Regulations. A case concerning an ‘older’ ‘.nl’ domain name may be heard, however, provided the holder agrees. 4.3.1 Breech of rights under Benelux trademark law and/or Dutch trade name law Any party who believes that the holder of a ‘.nl’ domain name is in breech of the former party’s rights under Benelux trademark law (including rights relating to community
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trademarks) and/or the former party’s rights under Dutch trade name law may refer the case to the Arbitration Body or to a court of law. All holders of ‘.nl’ domain names that have been registered, relocated or amended since 29 January 2003 have, by signing a standard registration contract, consented to arbitration. Arbitration involves the referral of a dispute between two or more parties to a neutral party or arbiter, who decides how the dispute should be resolved. It is in contrast to legal proceedings, where a court of law has a statutory duty to rule on cases brought before it. The procedure for referring a case to the Arbitration Body and the arbitration procedure itself are described in detail in the Regulations on the Arbitration of Disputes concerning ‘.nl’ Domain Names. Explanatory notes to accompany the Arbitration Regulations are also available. These notes outline what you should do if you believe that the holder of a ‘.nl’ domain name is in breech of your rights under Benelux trademark law (including rights relating to community trademarks) and/or your rights under Dutch trade name law. Both documents are posted on the SIDN website. 4.4 Disputes referred to a court of law When registering a ‘.nl’ domain name, the holder accepts the applicability of the Dutch law and the competence of a Dutch court of law to hear a case concerning the domain name in question brought against the holder by a third party. If a ‘.nl’ domain name applicant is not based in the Netherlands, the applicant has to give an address in the Netherlands that can be used for correspondence. This is known as the nominated domicile. The address given has to be the physical address of a property, not a PO box, so that it can be used for the dispatch and delivery of formal documents. In the event of a dispute concerning a ‘.nl’ domain name, the case may be referred to a court of law under the following circumstances: - If the case does not involve an alleged breech of rights under trademark law or trade name law. - If the case involves a domain name registered prior to 29 January 2003 (which is not therefore covered by the Arbitration Regulations) and the domain name holder does not voluntarily accept arbitration. - If the plaintiff prefers to refer the case to a court of law, rather than to the Arbitration Body. Information about Dutch domain name jurisprudence can be found on the DomJur website (http://www.domjur.nl/). The DomJur organisation has been set up jointly by the Centre for Law, Administration and Information Technology at the University of Tilburg and SIDN.
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4.5 The role of SIDN during legal proceedings While a complaint, appeal or arbitration case concerning a ‘.nl’ domain name is in progress, SIDN will, if asked to do so by the C&AB or by the Arbitration Body, block all amendments to the holder’s details pending conclusion of the case. Attachment of a domain name In the context of legal proceedings, an attachment order may be issued in connection with a domain name. This is done to prevent the domain name being cancelled, transferred to another holder, etc before the case is concluded. SIDN has decided that, once a properly formulated attachment order has been received in connection with a domain name, SIDN will not act upon an application to change the registered holder, etc. SIDN is, however, prepared to act upon an application to move a domain name that is the subject of an attachment order to another participant. If arbitration proceedings are started in connection with a ‘.nl’ domain name or names, the status of the name or names in question is frozen by SIDN. This means that, until the Arbitration Body has made a ruling, SIDN will not act upon an application to change the registered holder, etc. It is not therefore necessary to obtain an attachment order at the commencement of arbitration proceedings.
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Appendix I: Technical requirements for the registration of a ‘.nl’ domain name SIDN makes the following requirements: - A ‘.nl’ (sub)domain name may contain only letters, numbers and minus signs, arranged in accordance with the following rules: - A minus sign may be placed only between letters and/or numbers. - Every name must contain at least one letter. A domain name must be a least two characters in length, and it is recommended that it should in fact contain at least three characters in order to avoid confusion with top-level domain names. A domain name may not contain more than 63 characters. - The local mailer may generate only fully qualified e-mail addresses and must in other respects also comply with Internet standard RFC2822. - For every ‘.nl’ domain, a primary name server and at least one secondary name server must be specified. The name servers specified for inclusion in the ‘.nl’ zone file should preferably be located on different (sub)networks. - The name servers specified for inclusion in the ‘.nl’ zone file should be accessible from anywhere on the Internet. - Before a ‘.nl’ domain is registered, all the associated name servers are checked by the ‘.nl’ zone file controller. Any name servers which are not specified for inclusion, but are included or appear to be included in the zone file of the domain in question, will also be checked. The checks will focus on the following points in particular: a. In the zone file, at least the specified name servers must appear in the NS records. b. The primary name server given in the MNAME field of the SOA record must be the same as that given in the NS record and must be as specified. c. SOA, NS and MX records may refer only to objects with A records, not to objects with CNAME records. d. In line with point c, there must be an MX record (or an A record) in the zone file for the domain itself. e. A fallback MX record must not refer to a third party, except with the consent of the party in question; in case of doubt, the ‘nl’ zone file controller may consult any such third party to establish whether consent has been given. In accordance with the standards, a glue (A) record is entered in the ‘nl’ zone file for each name server host located at any subdomain level within the ‘.nl’ domain. If a name server for a domain runs on one of the relevant provider’s hosts, the host name used by the provider must be included in the zone file and must be specified, rather than the domain name in question, in order to prevent littering of the ‘nl’ zone file with unnecessary glue records and problems resulting from changes to the IP address of the name server host.

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