NIC Chile: .CL Domain Name Registry
Regulations for the Operation of the .CL Domain Name Registry
1. NIC Chile (Network Information Center Chile) -the .CL Domain Name Registry- is managed by the Department of Computer Sciences of Universidad de Chile by delegation of the IANA (Internet Assigned Numbers Authority) in accordance with the principles set forth in RFC 1591: Domain Name System Structure and Delegation. Said delegation was formally recognized on 24 June 2006 by means of a framework agreement signed between ICANN and NIC Chile whereby the responsibilities of both parties in the preservation of Internet stability, security and interoperability were established.
2. It is expressly stated that NIC Chile acts solely as a coordinating body delegated by IANA for the purpose of maintaining the domain name registry. It does not and will not have any jurisdictional authority or other prerogatives or obligations other than those set forth in these Regulations.
All Policies and Procedures established for conducting the functions relating to the management and registration of domain names under .CL shall be considered to be an integral part of the Regulations for the Operation of the .CL Domain Name Registry.
3. NIC Chile shall maintain a web information service at:
http://www.nic.cl
NIC Chile shall consider the information published on that website to be known by all users of the .CL Domain Name Registry and shall therefore not be under the obligation to publish said information in any other form.
4. NIC Chile may perform the functions described in these Regulations either by itself or using third parties on its behalf.
In particular, NIC Chile may authorize registrars to manage domain name registration operations, on behalf of its clients, including domain name registration, modification, deletion, change of holder, or such other operations as NIC Chile may authorize.
A policy shall be in place aimed at establishing a procedure for the accreditation of authorized registrars, which shall be selected based on objective, transparent and non-discriminatory criteria. Accreditation shall be reserved for those agents who ensure compliance with certain business and technical adequacy requirements previously established in the .CL registrar policy.
5. NIC Chile shall have the right to charge fees for the services it provides and shall publish a table listing the fees currently in force.
Timely payment of all applicable fees shall be an essential requirement for maintaining the validity of a domain name registration.
Rules for the Registration of a .CL Domain Name
6. Solely by reason of being the holder of a .CL domain name or requesting revocation of a .CL domain name, a person:
a.- Agrees that he or she understands the technical functioning of the Internet, is familiar with the meaning of the words and terms used in its management, and is aware of which characters are allowed in a .CL domain name under the Syntax Policy. For all dispute resolution purposes, an Internationalized Domain Name (IDN) shall be equivalent to its ASCII Compatible Encoding (ACE);
b.- Declares that he or she is aware of, has read, and accepted the Regulations for the Operation of the .CL Domain Name Registry, its Policies and Procedures, all of which constitute the general terms and conditions for obtaining a .CL domain name, according to Article 2, subsection 2 of this document;
c.- Authorizes publishing the domain name information solely for purposes related to the administration of the .CL domain name registry and operation of the DNS. He or she further agrees that registration data will be provided if formally requested by a judicial or administrative authority legally authorized to present such requests. NIC Chile shall store domain name information in a database which under no circumstance shall be handed over, sold, assigned or transferred to any person or organization, notwithstanding which NIC Chile may provide information to third parties for academic research or development purposes, prior signing of the corresponding confidentiality agreement;
d.- Declares that, to the best of his or her knowledge, the domain name is being registered for lawful purposes, in good faith and does not infringe or violate the rights of third parties in any way;
e.- Declares that the data he or she is submitting is complete and accurate, and agrees to keep the information current and updated. Otherwise, the procedure described in Article 17 may be initiated.
7. Any natural or legal person, whether domestic or foreign, may hold .CL domain names.
Exceptionally, NIC Chile reserves the right to request information to verify the holder's identity when necessary.
Along with the information required for the registration, applicants shall include details of the contacts allowed to participate in managing the domain name, according to the procedure in force for such purpose.
Appointing an administrative contact shall be mandatory. Said administrative contact shall be the domain name holder's representative for all regulatory purposes, including any dispute resolution procedures that might arise.
8. Registration applications shall be received electronically through such mechanisms as NIC Chile defines for such purpose.
9. Only those domain names that are available in the .CL Domain Name Registry may be registered.
10. When necessary for reasons of security, stability or proper operation of the DNS, NIC Chile may reserve certain domain names, which shall not be available for registration by third parties.
Registering a .CL Domain Name
11. An application to register a domain name shall be considered to have been validly filed when evidence of payment of the corresponding fee is submitted, following which NIC Chile shall process the registration and activate the registered domain name.
NIC Chile shall provide various methods of payment for customers registering domain names directly with NIC Chile to pay the corresponding registration fees. The inability to use any such mechanisms shall not excuse applicants from fulfilling their obligation to pay, as they may use the other available methods of payment.
Once a domain name has been registered, NIC Chile shall publish said domain name on a list of "registered domain names;" this list shall be maintained for a public review period of 30 (thirty) calendar days for the purpose of the provisions of Article 18 of these Regulations.
12. An email shall be sent for each request submitted directly to NIC Chile to confirm that the registration has been made.
All communications from NIC Chile to domain name holders or their contacts shall be sent to the email addresses specified in their corresponding registration data. Domain name holders and their contacts shall be solely responsible for ensuring that said email addresses are operating properly, as well as for reporting any changes thereto.
13. In the event that, pursuant to an arbitration award or court order issued by a competent authority, NIC Chile is ordered to perform any operation, including but not limited to, changing a domain name holder, deactivating, modifying, deleting, or blocking a domain name, Universidad de Chile, its Department of Computer Sciences, NIC Chile, its officers and advisers shall not incur liability of any kind. In any of the cases mentioned above, NIC Chile shall communicate what it deems appropriate via email.
NIC Chile shall not refund the fees paid for registering the domain name in any of the cases mentioned above, especially when the defendant loses its right to a domain name by virtue of an arbitration award.
14. It shall be the sole responsibility of the domain name holder to ensure that the registration does not affect the right to freedom of expression and information, the principles of fair competition and business ethics, as well as the rights validly acquired by third parties. NIC Chile shall have no liability for the use that the assignee makes of the registered domain name.
15. All terms and deadlines set forth in these Regulations are expressed in calendar days.
Changing the Holder of a .CL Domain Name
16. A change of domain name holder will occur in case of assignment, inheritance, or decision of a competent authority, in accordance with the provisions of the respective procedure.
Notwithstanding the above, a domain name may not be assigned if such assignment has been suspended by order of a competent court or otherwise.
In the event of a domain name holder's death, initiating the change of holder shall require submission of the certificate of registration of the court or administrative decision granting effective possession. In case of multiple heirs, the domain name shall be registered in the name of a representative to be appointed for such purpose.
Deleting a .CL Domain Name
17. A domain name may be deleted voluntarily, by decision of a competent authority, or as a result of failure to renew said domain name. Likewise, if the mandatory data required from the registrant are found to be incomplete or inaccurate, this shall also be grounds for the deletion of a domain name. Either of its own accord or at the request of another interested party, NIC Chile may request the rectification of said data; if this request is not complied with within five (5) calendar days, the domain name may be deactivated for its subsequent deletion. Such requests shall be communicated via email to the addresses stated in the corresponding registration data.
Revoking a .CL Domain Name
18. Any natural or legal person who considers that the registration of a domain name has affected their rights may request the revocation of said registration, which shall be subject to the .CL Domain Names Dispute Resolution Policy.
In order to begin the process for revoking a registered domain name, the interested party must email a request to NIC Chile and pay the corresponding fee.
Once the revocation fee has been paid, the start of the dispute resolution procedure shall be notified and, as from that moment, no other revocation requests shall be accepted for the same domain name until the dispute resolution procedure has ended, except in the case of revocation requests submitted in accordance with Article 20 of these Regulations.
Likewise, during said period the domain name being revoked shall be blocked.
Blocking a domain name means that deleting the domain name from the registry or changing its holder shall no longer be possible, notwithstanding which, unless otherwise ordered by the arbitrator, the holder of the domain name being revoked shall be able to modify the domain name data.
In the event that, during the revocation procedure, the disputed domain name were to be subject to deletion due to nonrenewal, the revoking party may avoid said deletion by paying the fee for maintaining the procedure within five (5) days as from the date on which said circumstance is notified. Should said period expire without payment of the fee, the revocation procedure shall lapse and the domain name shall be deleted.
19. If the revocation request is submitted within the 30-day public review period referred to in the third paragraph of Article 11 of these Regulations, the revoking party may invoke preferential interest.
Other revocation requests for the same registered domain name shall be accepted within this 30-day period, in which case the dispute shall be processed together with all other requests received within said period.
20. If the revocation request is submitted after the deadline referred to in the third paragraph of Article 11, the complainant must prove that the registration was abusive, for which each of these three elements must be present:
a.- The domain name is identical or confusingly similar to a name by which the claimant is known or a mark or other expression in which the claimant alleges to have prior rights; and
b.- The domain name assignee has no rights or legitimate interests in respect of the domain name; and
c.- The domain name has been registered and is being used in bad faith.
Any of the following circumstances, in particular but without limitation, shall serve as evidence and proof that the assignee of the disputed domain name acted in bad faith:
a.- Circumstances indicating that the domain name has been registered primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the costs directly related to the domain name registration; or
b.- The domain name has been registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name assignee has engaged in a pattern of such conduct; or
c.- The domain name has been registered primarily for the purpose of disrupting the business of a competitor; or
d. By using the domain name, the assignee has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a confusion with the complainant's mark.
Notwithstanding the provisions above, any of the following circumstances, in particular but without limitation, shall serve as evidence and proof that the assignee of the disputed domain name did not act in bad faith:
a. The assignee demonstrates use of, or preparations to use, the domain name in connection with a bona fide offering of goods or services under said name; or
b. The assignee is commonly known by the domain name, even if said assignee is not the holder of such trademark or service mark; or
c. The assignee is making a legitimate noncommercial or fair use of the domain name, with no intention of obtaining commercial gain or misleading consumers.
Dispute Resolution
21. Any conflicts arising in connection with the revocation of a .CL domain name shall be resolved according to the .CL Domain Name Dispute Resolution Policy.
All disputes shall be submitted, resolved and processed in accordance with the arbitration procedure established in said policy.
The parties may appoint an arbitrator by mutual agreement. Failing such agreement, the parties expressly and irrevocably authorize NIC Chile to appoint, on their behalf, an arbitrator selected from a list to be published on its website, and this arbitrator shall be deemed to have been appointed directly by each party.
The arbitrator's decisions shall be final and cannot be disputed or appealed. All applicants and registration holders expressly waive their right to dispute or appeal said decisions. The arbitrator is especially authorized to resolve all matters relating to his or her competence and jurisdiction.
With the exception of appointing the arbitrator according to procedure and enforcing the arbitration award, NIC Chile shall not be involved in the arbitration in any manner,
Modifications to the Regulations
22. NIC Chile may modify these Regulations, including its Policies and Procedures.
Any changes will be posted at www.nic.cl at least thirty (30) days before becoming effective, after which they shall be binding on all those concerned.
23. For all purposes arising from the registration of a .CL domain name, the parties establish their domicile in the city of Santiago de Chile and submit themselves to the jurisdiction of its courts for all matters not submitted to arbitration in accordance with Article 21 of these Regulations.
Santiago, December 1st 2013.
NIC Chile - Departamento de Ciencias de la Computación, Facultad de Ciencias Físicas y Matemáticas - Universidad de Chile
