This version of Principles is only for informational use - the only valid version is the Polish one.

In force as of December 18th 2002

GENERAL PRINCIPLES

1. Naukowa i Akademicka Siec Komputerowa, a research and development entity (The Research and Academic Computer Network, hereafter "NASK") maintains registered domain name.
2. The subscriber in the understanding of these Principles of Registration and Maintenance of domain names (hereafter "the Principles") is a person (an applicant) that concluded a contract for registration and maintenance of a domain name with NASK (hereafter "the contract").
3. Within the time limit shown on the invoice the subscriber pays a fee for every commenced 12 month period of maintaining the domain name (hereafter "the annual fee").

CONCLUSION OF THE CONTRACT

4. The contract is concluded upon the registration of the domain name.
5. The registration of the domain name requires: a. sending via the NASK Internet website or the website of the person described in section 11, of a correctly fulfilled application (hereafter "the application"),
b. delivering to NASK, within 7 days of sending the application via the NASK Internet website, of a printed and signed application in the written form; fax service shall also be acceptable.
6. The domain name shall be registered within 5 working days of delivery to NASK of the application in the written form.
7. The grounds for refusing the registration of the domain name shall be: a. registration in progress of the same domain name by a third party, or a prior completed registration of such domain name,
b. submitting in the application: (i) a domain name of inappropriate structure,
(ii) an incorrect name server,
(iii) a name server that does not exist in the Internet, except when the domain name applied for is part of the name of the server,
(iv) incomplete or false data,
c. applying for a domain name, which is the name of a voivodship, a district or a commune, except when the applicant is a governmental administration unit or a territorial self-government unit,
d. introducing changes to the written form of the application, which were not included in the electronic form,
e. delivering the application after the time limit set in subsection 5b has expired,
f. submitting the electronic application three times without delivering the written form,
g. failure to correct errors in the application within a time limit set by NASK.
8. NASK may request the applicant to deliver additional documents concerning the data included in the application. Failure to deliver the documents shall constitute a ground for refusal of registration.
9. The 5 day time limit set in section 6 starts running from the submission of a corrected application, as described in subsection 7g, or from the delivery of the application with attached documents, as required in section 8.
10. Nask Annual fees.
Annual fee (in zloty)
National domain:
.pl 200,00 *
NASK Functional domains: .com.pl, .biz.pl, .net.pl, .org.pl ... 150,00 *
NASK Regional domains:
.waw.pl, ... 50,00 *
The annual fee is not subject to a complete or partial reimbursement.
11. Provisions concerning the application in the written form shall not apply to an applicant or a subscriber represented by a person, who entered an cooperation agreement with NASK concerning the service of registration and maintenance of domain names. The list of such persons is available at the NASK Internet website.
12. Acts and omissions of the person described in section 11 shall directly affect the subscriber, who shall also be held liable for such acts and omissions to NASK.
13. A subscriber who uses the services of a person, with whom a cooperation agreement described in section 11 had been terminated, shall within a time limit set by NASK make a statement concerning the validity of the contract. The time limit shall not expire before the end of the period for which the annual fee was paid. Failure to make the statement results in termination of the contract as of the day when the time limit expires.


VALIDITY OF THE CONTRACT

19. Failure to pay the annual fee or part of the fee shall constitute a ground for terminating the contract. A new registration shall be possible only after payment of the fee with the interest due, submission of a new application, subject to the condition that the domain name is still available for registration. Cancellation of the domain names shall be deemed as termination of the contract.
20. The contract is concluded for unlimited period and can be denounced in writing or via fax, unless the subscriber is represented by the person described in section 11.

CHANGES OF THE SUBSCRIBER AND DOMAIN NAME DELEGATION

21. NASK shall execute a change of domain name delegation or a change of the subscriber within 5 working days as of delivery of a correctly fulfilled and signed application for change of domain name delegation or change of subscriber. The application form is available at the NASK Internet website.
22. The change of domain name delegation shall not be executed if the subscriber submitted: a. a set of characters which does not indicate any configured name server,
b. incomplete or false data.


FINAL PROVISIONS

23. The subscriber shall be held liable for making false statements, submitting false data or failure to inform NASK about the changes of the data.
24. In matters concerning registration and maintenance of domain names, NASK may contact the subscriber, using the electronic mail addresses provided by the subscriber.
25. A change of annual fees or these Principles shall be published at the NASK Internet website. NASK may also inform the subscriber about such changes via e-mail.
26. The Principles of registration and maintenance of domain names shall be effective as of December 18th 2002 and binding on all subscribers and applicable to registrations in progress on this date. Provisions of sections 14, 15 and 16 shall enter into force on January 20th 2003.


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(*) prices do not include the VAT tax

Regulations of Option for Registration of a Domain Name
1.
Option for registration of a domain name (hereinafter "the Option") consists in obtaining, in accordance with hereto Regulations, by a person that concluded a contract of option for a domain name (hereinafter "the Contract") the possibility to register the domain name.

2.
The Contract is concluded for three years period. The Option expires at the end of this period. The Option expires also in the event of termination of the Contract.

3.
The Contract is concluded via a person that is a party of an agreement with NASK on registration and maintenance of Internet domain names and providing an option for registration of a domain name (the list of such persons is available on the Internet website: http://www.dns.pl), hereinafter referred to as "the Registrar" upon delivery to NASK, via the Registrar, data required to grant the Option to a person interested in obtaining the Option. The Registrar acts for and on behalf of the person obtaining the Option.

4.
The Option may be obtained solely for a domain nameif this domain name is maintained, within the conclusion date of the Contract, for account of a third party (subscriber).

5.
The person obtaining the Option may register a domain name solely after:

a.
subscriber's renouncement of further maintenance of the domain name;

b.
cancellation of the domain name as a result of failure to pay the fee due to NASK, unless the provisions of the Regulations stipulate otherwise.




6.
Information about obtaining the Option shall be published on the publicly available Internet website http://www.dns.pl, but data concerning the person obtaining the Option may be disclosed only on a written request of the interested person, in accordance with the provisions of the Personal Data Protection Act.

7.
The person obtaining the Option is obliged to ensure current checking on the Internet website http://www.dns.pl whether the domain name, that is the subject of the Option, is available for registration for his account.

8.
Information required to register a domain name, corresponding to those required in the application for registration and maintenance of the domain name, described in the Principles of Registration and Maintenance of Domain Names as of December 18th 2002, published on the Internet website http://www.dns.pl/zasady.html, shall be submitted to NASK not later than within 14 days as of publication by NASK the information about availability to register the domain name, which is the subject of the Option.

9.
Obtaining the Option and subsequently registration of the domain name is carried out automatically, exclusively via the Registrar.

10.
The contract is terminated if the domain name has been registered or if the term, indicated in the section 8, has expired without effect.

11.
The fee for obtaining the Option is determined by the Registrar, but NASK receives from this fee the amount indicated in the NASK's telecommunication services Price list, which excerpt is published on the publicly available Internet website http://www.dns.pl.


12.
The fee charged for obtaining the Option is neither a subject of reimbursement, even if the Contract is terminated, nor a subject of deduction from the fee for registration and maintenance of the domain name.

13.
Obtaining the Option does not create any right to the domain name. If NASK has been notified by a third party about the possible infringement of its rights by the person obtaining the Option, the registration of the domain name is suspended until the dispute is settled, unless the third party has not filed a suit to the competent court against the person obtaining the Option and/or has not acceded to proceedings in amicable settlement of the dispute, within one month since delivery of the notification of the dispute to NASK. Hereto section does not infringe the provisions regarding dispute resolution proceedings regulated by the Principles of Registration and Maintenance of Domain Names as of December 18th 2002, published on the Internet website http://www.dns.pl/zasady.html.


14.
In the event of delivery to NASK an award of competent common court or arbitration court and/or a settlement, declaring in its content, that the Option infringes third party's right, the Contract is terminated.

15.
The Option cannot be obtained for the regional domain names, specified in the Principles, mentioned in the section 13 above.

16.
The Regulations shall come into force since June 1, 2004 r.

DISPUTE RESOLUTION

14. In the event of a third party filing to the Arbitration Court at the Polish Chamber of Information Technology and Telecommunication in Warsaw (hereafter "the Arbitration Court") a motion against the subscriber demanding to desist the infringement of his rights resulting from the registration of a domain name, the subscriber shall accede to the negotiation proceeding described in the Rules of the Arbitration Court. If the subscriber and the third party fail to reach a settlement, the subscriber shall deliver to the Polish Chamber of Information Technology and Telecommunication a signed arbitration clause within a time limit set in summons to sign the arbitration clause.
15. Failure to sign the clause described in the preceding section shall result in (in the order indicated): a. suspension in the possibility of using the domain name, effective after 30 days from the expiration of the time limit set for signing the clause,
b. termination of the contract within 3 months of the expiration of the time limit set for signing the clause.
16. Disputes, in which both parties are registered or resident outside the Republic of Poland, are resolved by the World Intellectual Property Organization Arbitration and Mediation Center pursuant to the WIPO Expedited Arbitration Rules for Domain Name Dispute Resolution under .PL (the Rules). The provision of the Rules regarding the parties' Arbitration Agreement applies when the dispute is to be resolved by the WIPO Arbitration and Mediation Center.
17. If NASK is informed about existing dispute concerning a domain name, any changes of the subscriber of the domain name, shall be suspended until the dispute is resolved.
18. NASK shall execute a court award resolving the dispute between a subscriber and a third party concerning a domain name. In the case of award declaring infringement by a subscriber of third party rights resulting from the registration of an Internet domain name, the contract is terminated as of the date when the award becomes in force.