DOMAIN REGISTRATION POLICY
This Domain Registration Policy enters
into force as of 1 January 2021.
DISCLAIMER: The
whole text of the present Policy, as well as the documents derived from it,
including those in the Annexes, have been written in Hungarian and English,
both versions being deemed authentic, but for legal purposes the text in
Hungarian is to be given priority of interpretation.
Table of contents
Chapter I: Terms used in the Domain Registration Policy
Chapter II: Policy for the application for and
registration of domains
1. Application for domain
delegation
Chapter III: Maintenance of domain delegation
Chapter IV: Termination of domain delegation
6. Revocation and deletion
of delegation
9. Settlement of legal
disputes prior to delegation (procedure by the Consulting Board)
10. Settlement of legal
disputes after the delegation (Procedure of the Registration Decision Maker)
Chapter VI: Additional provisions
11. Requirements for the technical
operability of the domains
12. Administrative contact
person
This Domain Registration Policy have been
established by the Scientific Association of Council of Hungarian Internet
Providers by taking up the opportunity of self-regulation provided by Section
15./A of Act CVIII of 2001, in order to ensure the unified order of the
delegation, registration and maintenance of public domains under .hu, as well
as to safeguard the rights of Registrants and others. The present Domain
Registration Policy have been issued as part of the relevant contractual system
created and shall be practiced without any special reference being made thereto
during the use of the system.
The
following terms used in the Domain Registration Policy (hereinafter: Policy)
shall have the following meaning:
Domain: An autonomous Internet subset, a data-base
assigning names to a set of Internet addresses.
Domain name: A technical identifier consisting of alphanumeric characters, that is used
primarily instead of the Internet addresses essential for the Internet communication as they are easier to
remember. This Domain Registration Policy are applicable to domain names located
directly under the top-level domain of .hu or under any of its second level public subdomains in the
Internet domain system (e.g. companyname.hu, companyname.co.hu). The domain
names with accentuated letters (IDN in the international terminology) are stored in
a coded form in the name servers while they usually appear in a non-coded form
on the user’s level therefore the „Domain name” is to be understood to be in a
non-coded form in this Policy unless otherwise specified.
Top-level domain: The .hu domain
delegated directly in the root of the Internet domain system.
Second level domain: A domain delegated directly under the .hu top level domain (e.g. info.hu).
Public domain: The .hu
top level Internet domain as well as the second level Internet domains opened
thereunder when required, where the delegation is performed by the Registry.
The current list of second level public domains is published by the Registry on
their website.
Delegation: Granting the
Domain Applicant the right of use of an Internet domain identified by a domain name.
Registration: Recording
the data necessary for the delegation in the appropriate databases.
Granting the right of use conditionally: Granting the right of technical use of a domain name
prior to the delegation.
Maintenance: Delegation maintenance service provided for the Registrant wherein the necessary technical and administrative data are stored in
the .hu primary and secondary name-servers and databases; they can be accessed
through the Internet and are amended as required.
Registrar: A service provider authorised by the Registry, managing the
affairs relating to domain delegation, registration and domain maintenance within
a contractual relationship with the Domain Applicant or Registrant pursuant to the
free choice and assignment of the Domain Applicant or Registrant.
Document-based application for a Domain: The Domain Applicant enters into a contract of
delegation-request in connection with the requested domain, during which it
provides all the necessary statements and data in accordance with point
1.2.2.1. Domain application statements shall be submitted by the Domain
Applicant on paper or electronically authenticated. The Registrar is obliged to
forward the application documents or their electronic copy electronically to
the Register.
The domain registered on the basis of this
Application form mentioned in the previously valid versions of the Policy is
considered to be a document-based registration, regardless of whether the
Application form has been signed on paper or authenticated electronically.
Document-based registration of a Domain: A domain that has been requested on the basis of a document or on the
basis of a confirmation procedure, but the Registrant later requested in a
statement to transition to a document-based registration.
A domain registered on the basis of this
Application form mentioned in the previously valid versions of the Policy is
considered to be a document-based registration, regardless of whether the
Application form has been signed on paper or authenticated electronically.
Confirmation procedure-based application for a Domain: The Domain Applicant enters into a contract of
delegation-request in connection with the requested domain, during which it
provides all the necessary statements and data in accordance with point
1.2.2.1. Domain application statements shall be submitted by the Domain
Applicant via a confirmation procedure.
Confirmation procedure-based registration
of a Domain: A domain that has been requested on the basis of a confirmation
procedure or on the basis of a document, but the Registrant later requested in
a statement to transition to a confirmation procedure-based registration.
One-factor confirmation procedure: A procedure in which the applicant authorizes
registration, data change, Registrar change, or Registrant change using a
factor in their possession. The Registrar will send a link (URL) to the email
address (factor) provided in advance by the Applicant, where the Applicant will
find a temporary website describing the change. Here they have the option to
confirm or reject their intention to change. If they do not confirm the change
by pressing the confirm button within the specified time frame, the change will
not take effect. The Registrant must take special care not to lose control over
the factor specified by them and to be able to receive those messages from the
Registry. The Registry may introduce additional technical solutions as a
factor. One-factor confirmation must always be performed by a natural person
with legal capacity, i.e. the use of an automatic computer confirmation system
is prohibited.
Two-factor confirmation procedure: A procedure in which the Applicant authorizes
registration, data change, Registrar change, or Registrant change using two
factors in their possession. The Registrar will send a link (URL) to the email
address (first factor) provided in advance by the Applicant, where the
Applicant will find a temporary website describing the change. Here they have
to enter the code that the Registry will send to the telephone number provided
by the applicant (second factor) - this can be done by voice announcement or by
text message. They then have the option to confirm or reject their intention to
change. According to the Policy Non-premium rate numbers of countries listed in
Section 1.1.1 of the Policy may be provided as telephone numbers. If they do
not enter the correct code within the specified time frame, the change will not
take effect. The Registrant must take special care not to lose the control over
the two factors specified by them and to be able to receive messages from the Registry
on them. The Registry may introduce additional technical solutions as a first
or second factor. Two-factor confirmation must always be performed by a natural
person with legal capacity, i.e. the use of an automatic computer confirmation
system is prohibited.
Domain Applicant: A person who submits an application for the delegation of a specific domain. If the domain applied for is delegated, the applicant will become the Registrant.
Registrant: The person
whom the domain has been delegated to.
Administrative contact person: The
representative of the Registrant in administrative matters relating to the
domain.
Registry: Manager of public domains (safeguards, maintains and makes the data available
relating to the domains delegated under the public domains). The Registry is ISZT Nonprofit Kft., an
organisation authorised by the Scientific Association of Council of Hungarian Internet Providers to perform
the activity.
Register: Data relating
to the domain-delegations, saved in the computer system by the Registry.
Registry’s website: An Internet location (http://www.domain.hu) for the regularly updated
public information in connection with the delegation and registration of public
domains.
Alternative Dispute Resolution Forum: a forum independent of the Registrar and the Registry, providing
alternative dispute resolution services, called by the Registry to proceed
according to the provisions set out in the Domain Registration Policy as well as in separate procedural Policy with respect to legal disputes relating to domain registration.
Consulting Board (CB): consists of independent experts and operates within the framework of Alternative Dispute Resolution Forum and Policy
on issues relating to the delegation of domains not yet delegated
with right of use, conditionally delegated, and supports the lawfulness of delegation of domain names via its guidance.
Complainant: A party requesting the determination whether the delegation of a domain
name to a particular Domain Applicant is against the Policy based on Chapter V of this
Policy.
Complainee: a Domain Applicant who has been granted conditionally the right of
use of a domain, but the delegation thereof is requested by the Complainant to be
established as one against the Policy.
Registration Decision Maker: A service for settling the disputes, operating in the framework of the Alternative
Dispute Resolution Forum with members of independent Decision Makers settling
the disputes out of court, about the revocation and transfer of delegated
domain names from Registrants.
Inquirer: a party asking the Registration Decision Maker to revoke
the delegation of a domain, or to transfer the delegation to the Inquirer.
Defendant: A Registrant against which the Registration Decision Maker is required
to revoke or transfer the used domain.
Hotline Decision Making Forum (HRMD): A service, consisting of independent decision makers,
settling the disputes out of court within the framework of the Alternative
Dispute Resolution Forum, which may proceed in case of notifications concerning
tortious information communicated under delegated domains, in case of illicit
behaviour concerning the information or in case of any report on such
information as violates the rights or legitimate interests of other
persons. HRMD may act pursuant to applications from the (hotline) notifying services maintained for this purpose in
Hungary that have a co-operation agreement with the Registry and may proceed by adhering to terms and conditions prescribed specifically for them.
1.1 Criteria
regarding the Domain Applicants
1.1.1 Delegation
of domains directly under the .hu public domain may be applied for by
a) any citizen of the
European Union, of the Council of Europe, an EEA or EFTA country, or of a
neighbouring country of Hungary, or a natural person having an ID card,
passport or driving licence issued by an authority of such states, or
b) any natural person
holding a permit for domiciliation in Hungary or
c) any legal entity
i) established
by virtue of law,
ii) entered in
the Register of or registered with an authority or court, or
iii) filing its
respective application with the competent authority or court and commencing its
operations pursuant and according to the law prior to such entry or
registration,
in the territory of the European Union, of
the Council of Europe, an EEA or EFTA country or a neighbouring country of
Hungary.
d) furthermore, the
beneficiary of a trademark either registered with the Hungarian Intellectual
Property Office or protected otherwise that is also applicable in Hungary.
1.1.2 Domains under a second level public domain
may be applied for by any domestic or foreign natural person or legal entity.
1.1.3 Domain Applicants must be
natural persons over 18 years old
except in cases of legal succession specified in law (e.g. heritage).
1.2 General
policy of the delegation procedure
1.2.1 Initiating
the delegation of a domain
1.2.1.1 The delegation is subject to
the precondition for the Domain Applicant to apply for the domain at a chosen Registrar,
according to the contractual terms and conditions of the Registrar in question.
The terms and conditions of the contract shall not contradict the provisions of
the Policy. In case
of deviations, the dispositions set out in the Policy shall be applied in any legal relationship evolving from the application for and the use of the
domain name in question.
1.2.1.2 The
Registrar, who has acquired the right to submit a domain delegation application
on the basis of a contract with the Registry, is entitled to act according to
the relevant orders of the Domain Applicant.
1.2.1.3 The service of application
for delegation may be subject to fees charged by the Registrar.
1.2.1.4 The Domain Applicant shall
make sure that the requirements set forth in the Policy have already been met when the application is submitted.
1.2.2 The application process
1.2.2.1 When applying for a domain, the Domain Applicant shall provide the
Registrar (which they have a contract with) the chosen domain name, the contact data of the administrative contact
person, as well as the
particulars according to the applicable category from below:
i.
Natural person applying for domain: name, postal address, e-mail address, telephone number and, as chosen
by the applicant: the number of the identity document (id card, passport,
driving licence or residence permit) or his or her birthdate.
ii.
Legal person applying for
domain: name, postal address,
e-mail address, telephone number, tax number, name of legal representative.
iii.
Individual entrepreneur applying for domain: name, postal address, e-mail address, telephone number and tax number.
iv.
Heir of a deceased Registrant as Domain Applicant: name, postal address, e-mail address, telephone
number and, as chosen by him or her, the number of the identity document (id
card, passport, driving licence or residence permit) or his or her birthdate,
as well as: grant of probate, certificate of inheritance or statement of
inheritance.
v.
Person authorising the use of name: name, residential address.
vi.
Details of the administrative contact person (if the contact person is different from the Domain Applicant): name,
postal address, e-mail address and telephone number, in case of an individual
entrepreneur, tax number.
It is a pre-requisite for the validity of applications that the Domain Applicants provide in the application for delegation all the mandatory data genuinely as per this clause and declare that:
i.
the data provided are valid,
and
ii.
that they agree to the
provisions of the Policy and that they will consider those provisions as
binding them during the whole term of domain application and delegation, and
iii.
by maintaining the
delegation, they submit themselves to the decisions of the Alternative Dispute
Resolution Forum, and
iv.
that they have become
familiar with the contents of the Privacy Policy
and agree that their personal information will be processed as provided
therein.
1.2.2.2 In case of document-based registration the required data and
the legal statements made shall be authenticated and sent to the Registrar by:
i.
in case the Domain
Applicant is a natural person, themselves or their authorised representatives
(with a power of attorney notarised or included in private document providing
conclusive evidence simultaneously attached thereto),
ii.
in case of a legal
entity, by the legal representatives or their authorized representative.
Authentication may be performed with a paper-based signature in one’s own
hand or electronically for electronically signed contracts.
1.2.2.3 In the case of a
confirmation-based application, the Domain Applicant shall provide the required
data in one of the ways offered by the Registrar. Within the framework of the
confirmation procedure (one or two factors) provided by the applicant, they
confirm their application and provide the statements described in point 1.2.2.1.
The Domain Applicant must complete the confirmation by a deadline that is
complete within 14 days of sending the confirmation request to the Registry.
1.2.2.4 The Registrar shall acknowledge receipt of the
applications and keep such Register as credibly allow to establish the fact and
sequence (time) of the receipt of the applications.
1.2.2.5 It
is the Registrar’s obligation to forward to the Register any and all data
required for the application. The exact time of the application is the moment from the time stamp set
by the Registry’s automated computer system when it registers the application.
1.2.2.6 Obligation of preservation
i.
For document-based application
any documents submitted with the application on paper or electronically and the
data and legal statements provided shall be electronically archived and
retained by the Registrar for one year from the day its legal relationship with
the Registrant is terminated. The legal statements made electronically by the Domain
Applicants or Registrants about agreeing to accept and to be bound by the
provisions of the Policy will be recorded and archived by the Registry in
electronic form.
ii.
In case of confirmation
procedures the Registrar shall retain the data and legal statements provided
with the application in electronically archived form for one year from the day
its legal relationship with the Registrant is terminated. The registration of
the Domain Applicant or Registrant regarding the acceptance of the statements
issued according to point 1.2.2.1 shall be recorded and archived in electronic
form by the Registry.
1.2.2.7 Registrar shall be responsible
to Registry in the application process for forwarding the mandatory data to the
Register, for the provision of legal statements and
in case of deviation from the Policy on their preservation.
1.2.2.8 The
data provided in the application process and any other shared information shall
be handled and made available to the public or third parties by the Registry in accordance with the Privacy Statement. The
Registrar shall also be responsible to record the data provided by the Domain
Applicants accurately.
1.2.3 Application handling
1.2.3.1 Registrar
shall immediately inform the Domain Applicant of any problem in the administration of the
application occurs (e.g. deviation from the technical specifications concerning
the operation of a domain, etc.) and shall handle the problem in consultation with the applicant according to the provisions of the contract entered into with the Registry and to the Policy.
1.2.3.2 Registry shall immediately
start to process such applications as have been entered in the Register and forwarded by the Registrar and shall check
conform to the Policy if the
application meets the requirements concerning the technical operability
prescribed in paragraph 11 of these Policy (and, in case of confirmation procedures, it shall launch the confirmation
procedure. In the event Registry determines that the technical requirements are not met, shall inform the Registrar and specify the technical deficiency. The Registrar and the applicant then have 14
days available from the date of registering the application into the Register to eliminate the deficiency and meet the
requirements concerning the technical operability of the domain. The application will automatically be deleted in case the deadline is missed.
1.2.3.3 Beside the checking of the requirements prescribed for the technical
operability, the Registry shall check if the application meets the requirements
set forth in paragraphs 2.1, 2.2.3 and 2.2.4 of the Policy as well as if all
data necessary for the application is available.
1.2.3.4 The Registry shall not be held responsible for the
registration of a domain name not conforming to the Policy. Responsibility for choosing a domain name lies solely
with the Domain Applicant as set forth in paragraph 2.3 of the Policy.
1.2.3.5 In case the Registry realizes
that the application is incomplete, or is conflicting with the Policy, it shall
notify the Registrar accordingly and indicate the reason within one business
day if possible. 14 days shall be available to the Registrar for completing the
documents or revoking the application upon consulting with the Domain Applicant. Should the Registrar fail to enter any of
these steps into the Register within this time frame, the application will be automatically
deleted. After such deletion, the Registry will not accept applications for the same
domain name with the same deficiency.
1.2.3.6 The
Registry shall not be held responsible if in particular cases it refuses to
fulfil the application on
account of non-compliance with the Policy. The Domain Applicant, in accordance
with section 9 of the Policy may apply to the Alternative Dispute Resolution
Forum (Consulting Board) to proceed against the Registry’s negative decision.
1.2.3.7 Following
the procedure as per paragraphs 1.2.3.1 – 1.2.3.5, the domain will become available for conditional use for the applicant and will be published by the Registry on its website on the list of domains waiting for delegation. During the conditional usage, the
Applicant can use the domain technically, but the domain will finally be delegated definitively
only in case if no complaint is filed against it in 8 days upon the starting day of publication.
1.2.3.8 In case a complaint is filed against
a published domain within the deadline, the domain will either be delegated definitively,
or it will be deleted by the Registry depending on the outcome of the alternative dispute resolution procedure (procedure by the Consulting Board) as per paragraph 9.
1.2.3.9 If no complaint is filed against
the application within the deadline, the fact of delegation will be registered, and the following data will be registered
into the Register:
i.
the name of the
delegated domain,
ii.
the technical data of
the delegated domain,
iii.
the particulars of the
Registrant and of the administrative contact.
The following data will be displayed publicly (whois)
on the Registry’s website in relation to the delegated domains:
i.
name of the delegated domain,
ii.
technical data of the
delegated domain,
iii.
particulars of the Registrant
in case of legal entity or individual entrepreneur.
2.1 Formal requirements
relating to the domain name
2.1.1 Domain
names shall consist of at least 2, and up to 63* characters.
2.1.2 Characters
that can be used in domain names
a)
lowercase letters
without accent of the Latin alphabet (a-z), furthermore
b)
lowercase letters with
accent of the Hungarian alphabet: á, é, í, ó, ö, ő, ú, ü, ű, furthermore
c)
numeric characters
(0-9), furthermore
d)
the hyphen (-).
2.1.3 Hyphens shall not be used at the beginning and at the end of the domain name. The domain name
shall not contain two hyphens directly following as the third and fourth
characters.
2.2 Other
criteria relating to the domain name
2.2.1 The
Domain Applicant is free to choose the domain name to be
delegated, within the framework of laws and the Policy,
but the Domain Applicant shall act with utmost care in choosing the domain name so as the application,
the domain name, and its usage shall not violate the rights of other persons or
entities (e.g. the right of exclusive names, the right of privacy, the right of
reverence, the right of intellectual property, etc.). Domain Applicants shall
be expected to check the commercial register or major trademark databases[i] before choosing the domain name.
2.2.2 No such domain name shall be chosen and used
as, in terms of its meaning and/or use, is suspected of being:
a)
illegal, or
b)
incentive to hatred or
fear, or
c)
delusive.
2.2.3 No such domain name shall be chosen as:
a)
is already registered
under the particular public domain, or
b)
belongs to the
protected names published on the Registry’s website.
2.2.4 In case of delegation
directly under the .hu public domain
a)
for settlements in
Hungary with local government have the right to choose a domain name identical
with the name of the settlement (written in Hungarian and in the local ethnical
minority’s language where such an official settlement name exists),
b)
only the official
representation of a country is entitled to choose a domain name identical to
the name of the particular country (written in Hungarian and in English)
This restriction shall not apply to
delegation under second level public domains.
2.2.5 Only
trademarks of the applicant can be registered under the tm.hu second level
public domain.
2.3 Liability
for domain name choice
2.3.1 The Domain Applicant and
the Registrant have exclusive liability
a)
for the choice,
meaning and use of a particular domain name as well as for the consequences
thereof,
b)
for the lawfulness of
domain name choice and use,
c)
for damage caused to
third parties by the domain name choice or use,
2.3.2 The
Domain Applicant or the Registrant shall
a)
exercise appropriate
care in choosing the domain name and verify its choice for lawfulness prior to
the application,
b)
voluntarily give up
the chosen domain name if the use of the delegated domain name violates the
rights of others despite the careful procedure,
c)
substitute the
Registry and/or the Registrar if another person wants to enforce claims against
the Registry or the Registrar in connection with the chosen domain name or, if
there is an obstacle to doing so, provide them with every help in defending them
against the claim,
d)
relieve the Registry
and/or the Registrar from any costs arising from any legal dispute, damage or
claim in connection with the domain name delegated thereto, from the delegation
and registration process, the choice, meaning or the use of the domain name,
and shall do everything so that the interests of the Registrar or the Registry
not to be prejudiced.
2.3.3 Neither
the Registrar nor the Registry, acting in this capacity, shall be held liable
for any damage caused to a third person by the choice or the use of the domain
name provided that the provisions in the Policy and those in the contract with
the Domain Applicant or the Registrant have been complied with.
2.3.4 The
Registry shall fulfil the final court decisions relating to the choice or use
of the domain name even if it is not part of the litigation. Neither the
Registrar nor the Registry shall be held liable for fulfilling the decision
closing the dispute (resolution or decision of the Alternative Dispute
Resolution Forum), for the final and binding decision or such a decision that is declared
enforceable on a preliminary basis.
3.1 Maintenance
of delegation is subject to the Registrant having a valid contract for maintenance of delegation with one of the
Registrars and to the entry in the Register by the Registrar of the existence
of the contract. The terms and conditions of the contract shall not contradict
the Policy. The Domain Applicant shall
comply continuously during the term of delegation with the requirements of the Policy
applicable at any one time.
3.2 The delegation
maintenance service of the Registrar may be subject to fees.
3.3 Change of Registrar
3.3.1 The Registrant shall enter into a new
delegation-maintenance agreement for the maintenance of the domain by
submitting a request to the new Registrar of their choice for the maintenance
of the domain in accordance with clause 1.2.2, the contractual terms of the
respective Registrar and this clause 3.3.
3.3.2 In the case of a document-based registration of
a domain, as a general rule, the Registrant also applies for a document-based
registration of the domain at the new Registrar. If the Registrant applies for
the domain at the new Registrar through the confirmation procedure, the
Registrant must at the same time submit to the new Registrar the document
according to point 3.6.1 requesting the change of the domain from the
document-based registration to the confirmation procedure-based registration.
The Registrant will then approve the request and make the required statements
using a confirmation process.
3.3.3 For domains registered in a confirmation procedure, if the Registrant requests the domain with a confirmation
procedure at the new Registrar, the Registrant shall approve or make the change
of Registrar and the necessary statements with a confirmation procedure. In
this case, the Registry will first use for the Registrant the confirmation
factor data that the Registrant provided to the Registrar prior to the
transfer. If the Registrant has provided new factor data to the new Registrar,
the Registry will also conduct the confirmation process with this new data.
3.3.4 In case of a domain registered under the confirmation
procedure, if the Registrant requests the domain at the new Registrar using the
document-based procedure, the Registrant must at the same time submit to the
new Registrar the document according to section 3.6.2 requesting the change of
the domain from a confirmation procedure-based registration to a document-based
registration. The Registrant then approves the change of registrar and makes the
required declarations through a confirmation procedure. In this case, the Registry
will use for the Registrant the confirmation factor data provided by the
Registrant to the Registrar of the domain prior to the transfer.
3.3.5 The
Registrant shall always perform the confirmation
procedure within 14 days from the sending out day of the request for confirmation
by the Registry.
3.4 During
the delegation period the Registrant shall have an administrative contact person. Policy relating to the administrative contact person are set forth in section 12 of the Policy.
3.5 Changes in the details of
the Registrant
3.5.1 The
Registrant shall be held liable to notify its Registrar of any change in data provided as per paragraph 1.2.2.1 forthwith after
such changes occur.
3.5.2 Where
the Registrant is a legal entity that had started its operation before being entered in the Register or being registered, it shall be held liable to report immediately
to its Registrar upon receipt of a decision of registration denial.
3.5.3 The
data of the Registrant shall
be modified in a way where the change in data are reported by the user to Registrar
who will forward it to the Register.
3.5.4 In case of a document-based registered domain, the Registrant
must certify the change by a document if:
a)
for legal persons: their tax number and / or name have changed,
including name change and succession (e.g. merger, amalgamation, division,
etc.), but excluding transfer, the rules of which are set out in point 7;
b)
for natural persons: change of name and succession (including
inheritance but excluding transfer) and / or change of identification number.
The Registrar shall forward the documents to the Register electronically.
3.5.5 In case of a domain registered based on a confirmation procedure, the
Registrant must approve the data change by a confirmation procedure if:
a)
factor data changes (in which case they must verify the change with both
the original and new factor data), or
b)
for legal persons: their tax number and / or name have changed,
including name change and succession (e.g. merger, amalgamation, division,
etc.), but excluding transfer, the rules of which are set out in point 7;
c)
for natural persons: change of name and succession (including
inheritance but excluding transfer) and / or change of identification number.
The rules of modifications
due to transfer are detailed in Section 7 of the Policy.
3.5.6 In the case of a domain registered based on a confirmation procedure, if
the Registrant changes data in the Registry that does not require a confirmation
procedure, the Registrar or the Registry shall notify the Registrant by email
of the data change.
3.5.7 In case of a domain registered based on a confirmation procedure, if the Registrant loses control of one of their
factors (for example, the email address or telephone number is discontinued),
the factor data of the Registrant is modified as follows:
a)
The Registrant is obliged to provide the new factor data in a statement
submitted to the Registrar in a private document of at least full probative
value.
b)
The Registrar forwards the declaration electronically with the new data
to the Registry, and the Registry first initiates a confirmation procedure with
the original confirmation factor(s), during which the Registrant, if it still
has control over these factor(s), can block the requested factor
data changes.
c)
If the Registrant does not prohibit the change of the factor data with
the original factor or factors within 3 working days, the Registry shall
initiate the confirmation procedure with the new factor data, during which the
Registrant may confirm or reject the change.
3.6 Changing between document-based and confirmation-based
registration procedures
3.6.1 A document-based registered domain can be changed to a confirmation procedure-based registered
domain by a Registrant. In this case, the Registrant shall declare the migration
in a private or public document of full probative value (including an
electronically authenticated document) and at the same time provide the details
of the factor(s). The statement must be sent by the Registrant to the
Registrar, and the Registrar must send it to the Registry electronically. The
Registry will then conduct the confirmation process.
3.6.2 A domain registered under a confirmation
process can be changed by a Registrant to a document-based registered one. In
this case, the Registrant issues a statement about the transfer in a private or
public document with full probative value (including an electronically
authenticated document). The statement must be sent by the Registrant to the
Registrar, and the Registrar must send it to the Registry electronically. The
Registry will then conduct the confirmation process.
3.6.3 It is possible to change from a one-factor confirmation procedure
to a two-factor one by requesting this from the Registrant at the Registrar,
giving the telephone number. The Registrar forwards the request to the Registry
and the Registry conducts the confirmation procedure.
4.1 If the Registrar decides
to terminate the contract for maintenance of delegation, it shall notify the Registrant thereof and enter the fact of termination into the Register. At the same time of the termination, the Registrar may cancel
the technical service of delegation as well, especially if the Registrant does not pay the fee of registration or maintenance to the Registrar in spite of a notice, within the reasonable deadline specified in the notice, or if the usage
of the domain name is in
conflict with the Acceptable Use Policy[ii], i.e. used for sending spam or offering goods and/or services advertised in spam
under the domain name,
contrary to the provisions of paragraph 4 of the Acceptable Use Policy.
4.2 If the domain delegation maintenance
agreement is terminated for any reason, the Registrant must enter into a new
delegation maintenance agreement with another Registrar of their choice, with a deadline that enables the
Registrar to enter the signing of the new contract into the Register within 45 days upon the date when
the former contract termination was entered in the Register.
4.3 In case the Registry notices
that a Registrant has been deleted on a final and binding basis without a legal
successor, it will notify the Registrar of the domain. The Registrar has 30
days to settle the situation, during which time even the procedure described in
Section 6.3.3 may be carried out. If the settlement of the situation fails, the
Registrar is obliged to record the fact of termination of the contract in the
Register.
If the Registrar does not record the fact of
termination of the contract in the Register by the end of the 30th day, the
Registry shall do so.
5.1 The delegation of domain shall be
suspended by the Registry if:
a) a preliminary provisional enforceable decision of the
court forbids the Registrant to use the domain or it is required in an enforceable
resolution or final judgement of the court,
b) the prosecuting authority communicates a good cause to
suspect crime in the choice of the domain name or in the use of it,
c) it is required in the decision of the Alternative
Dispute Resolution Forum,
d) the circumstances provide ground for concluding that:
1. the data given by the Registrant in the application for
the purpose to be identifiable was false,
2. no consent has been given to the Registrant to handle
the personal data of the natural person appointed as administrative contact
person.
5.2 The
delegation of domain may be suspended by the Registry if:
a) the Registrant fails, despite being called to do so,
to ensure the conformity of the domain with the requirements defined in the Policy,
b) the domain and/or the use of the domain name causes
technical malfunction in the operation of the Internet, or seriously threatens
the security of the users,
c) If at the time of submission of the application for
the domain the Registrant met the criteria set forth in paragraph 1.1, the
Registry shall not suspend the domain and shall not apply the sanction from the
paragraph 6.1 f) of the suspension only because due to a later circumstance the
Registrant no longer complies with this specific clause of the Policy.
5.3 During
suspension the technical service of domain delegation is suspended but the Registrant in the Register remains unchanged.
5.4 If the domain has been suspended pursuant to paragraph 5.1 d) 1, the delegation will be revoked according to paragraph 6.1 c) except when the Registrant proves within 15 days that the data provided in the
application process was genuine. If the domain was suspended pursuant to paragraph 5.1 d) 2, then
the provisions described in paragraph 12.8
shall be followed simultaneously with the suspension.
6.1 The
delegation shall be revoked by the Registry if
a) the Registrant waives its right to using the domain by
virtue of a statement notarised or included in a private document providing
conclusive evidence and sent to the Registrar,
b) the application of a legal entity indicated as a Registrant
in the Register for getting officially registered has been rejected on a final
and binding basis,
c) the statements made, the documents presented or the
data provided by the Registrant for the purpose to be identifiable at the time
of application or transfer were not genuine,
d) the administrative contact person attests beyond
reasonable doubt that the Registrant has deceased, or the legal entity has been
dissolved without any legal successor and the right of using the domain has not
been devolved upon another person. The statement shall be included in a
notarised statement or in a private document providing conclusive evidence and
sent to the Registrar.
e) the Registrar enters into the Register that the contract
for maintenance of delegation has ceased to exist or it has been terminated by
the Registrar and no Registrar enters into the Register the fact of having
entered into a contract with the Registrant for the maintenance of delegation
within 45 days,
f) suspension has taken place pursuant to paragraph 5.2
and the reason for the suspension has not been eliminated within 45 days upon
the beginning of suspension,
g) the Registrant has not ensured that the Register contains
genuine and actual data relevant to their identification and contact addresses,
h) the contract for application and/or for maintenance of
delegation, or the legal statement on accepting the Policy has turned out to be
missing.
i) the enforceable decision, final and binding judgement
of the court establishes the unlawfulness of the delegation or the name choice
or the use of the domain or the domain name, or it orders the delegation to be revoked,
or prohibits the Registrant on a final and binding basis from the usage of the
name or mark that identifies the domain name.
j) it is required by the decision of the Alternative
Dispute Resolution Forum and the Registrant fails to prove to the Alternative
Dispute Resolution Forum within 30 days upon the date of delivery of the
decision that it has applied to a court.
k) the Registrar or the Registry has recorded in the Register
in accordance with paragraph 4.3 that the contract for maintenance of
delegation has ceased to exist and within 45 days no Registrar enters into the Register
the fact of having entered into a contract for the maintenance of delegation
with a person who complies with paragraph 6.3.3 and encloses the necessary certifications.
6.2 The
revocation of delegation will be
followed by the deletion of delegation. In case of the deletion of delegation,
the right of using the domain reverts to the Registry which releases it for a
new application. The right to revoke or delete the delegation can be exercised by the Registry only.
6.3 The deletion of delegation shall be preceded by a moratorium of 60 days after revocation
pursuant to paragraphs 6.1 d), e), f), g), h), k) during which period only the
following Registrant have the right to submit a new application for the domain
by enclosing the necessary certifications:
1) the Registrant registered at the time of the
revocation,
2) the legal successor of the Registrant registered at
the time of the revocation with respect to the right of using the domain,
3) a person - who in case the Registrant has been deleted on a final and binding basis without
a legal successor:
1. is able to prove that the domain had originally been
applied for upon its mandate, or solely in its favour or its use, or
2. fully aware of his criminal responsibility, declares in
a private document providing conclusive evidence that he/she:
a. is not aware of the transfer of the domain by the Registrant
to anybody prior to its deletion, and
b. is the one who has been using the domain on an ongoing
basis since the final deletion of the Registrant on record, and
c. is the one who has been paying the maintenance fees,
provided that the respective Registrar
also makes a statement, being fully aware of their criminal liability, that the
stipulations in paragraphs 6.3 3) 2. a) and c) have been fulfilled. When
applying under paragraph 6.3 3) 2 hereof, an original copy of the private
document providing conclusive evidence shall be handed over by the Domain
Applicant to the Registrar, and the Registrar will be obliged to retain it in
original and forward it in electronic form to the Register.
Section 6.3.3) may also be applied during
the procedure according to section 4.3.
The conditions in paragraphs 7.1 a), b) and d) must be also applied to
any person obtaining the right to use a domain pursuant to this paragraph 6.3.
During the moratorium, the domain will be published
on the public parking list of domains waiting for deletion.
6.4 If
the delegation is revoked pursuant to paragraph 6.1.i) or j) and in order to protect the rights of a legal or natural person, the deletion of delegation shall be
followed by a moratorium of 60 days. During this period an application for the
released domain name may be submitted solely by the party that initiated the proceeding and whom rights
has been protected by the revocation.
6.5 The
delegation shall be revoked pursuant to paragraph 6.1.g)
only if the following procedure brings no result:
After the
Registry gets a notice or suspects that:
a) the e-mail or postal address of the Registrant or of the
administrative contact person is invalid, or
b) the Registrant is not real or has died or has been
dissolved,
a
notification by recorded postal delivery to the Registrant or to the administrative contact person and to the Registrar of the Registrant concerned, requiring them to provide valid data bring no result or the registered postal delivery fails because of the
invalid contact data.
6.6 A domain application based
on paragraph 6.3 3) may be submitted no later
than 31 January 2022, after this date it will not be possible.
7.1 The Registrant may transfer the
right to use the domain to a new Domain Applicant, provided that:
a) The new Domain
Applicant submits a request to a Registrar of his choice to maintain the domain
in accordance with point 1.2.2, and with the contractual terms of that
Registrar.
b) in some cases,
detailed in point 7.2, it is a mandatory condition of the transfer, in other
cases it is an optional requirement that the new Domain Applicant submits the
transfer statement of the transferring Registrant to the Registrar in the form
of a fully authentic private or public document. The statement shall be
transmitted electronically to the Registry by the Registrar. The different
cases are detailed in the following subsections.
The transfer procedure begins with the
application described in a) at the Registrar. The transfer shall take effect on
the date of the new delegation. Upon entry into force, the delegation
maintenance agreement of the transferring Registrant will automatically
terminate.
7.2 Different
cases of transfer of Registrant
7.2.1 Transfer when, in the case of a
document-based registered domain, the new applicant submits a document-based
application:
a)
In this case, the condition for the transfer is that the new Domain
Applicant complies with point 7.1.b).
b)
If there is a change in the person entitled to represent the
transferring Registrant between the date of the transfer declaration and the
initiation of the transfer procedure, the Registry is also entitled to request
a declaration from the new representative approving the transfer.
7.2.2 Transfer
when, in the case of a confirmation procedure-based registered domain, the new
applicant submits a document-based application:
a)
In this case, the transferring Registrant authorizes the transfer
through a confirmation procedure. During the confirmation procedure, the transferring
Registrant has the option to reject the transfer.
b)
The new Domain Applicant complies with point 7.1.b).
c)
If the new Domain Applicant complies with point 7.1.b) and the transferring
Registrant does not reject the transfer within 14 days in the confirmation
procedure, the domain will be delegated to the new Domain Applicant.
7.2.3 Transfer
when, in the case of a document-based registered domain, the new applicant
submits a confirmation procedure-based application:
a)
In this case, the condition for the transfer is that the new Domain
Applicant complies with point 7.1.b).
7.2.4 Transfer
when, in the case of a confirmation procedure-based registered domain, the new
applicant submits a confirmation procedure-based application:
a)
In this case, the transferring Registrant authorizes the transfer
through a confirmation procedure.
b)
The new Domain Applicant may comply with point 7.1.b) for their own
safety.
7.2.5 If, in the case of a
domain registered based on a confirmation procedure, the former Registrant,
after the transfer, alleges that the transfer was abused in the absence of any
will, they have the opportunity to file a complaint with a Registrar within 30
days and reclaim the domain name. Complaints from the previous Registrant may
be accepted by any Registrar, but it is the responsibility of the Registrar of
the domain to accept and act in accordance with Clause 9 of the Policy. If the
transfer took place together with a change of Registrar, the complaint must
also be accepted by the Registrar of the previous Registrant.
The acting Registrar
shall ask the new Registrant to submit the deed of the transfer within 5
working days. If the new Registrant does not send the deed of the transfer to
the Registrar handling the complaint despite the notification, the Registry
will restore the original condition prior to the transfer by registering a
transfer prohibition for the domain for 30 days.
The former Registrant may request the initiation of an alternative
dispute resolution procedure (Consulting Board procedure under point 9) within
30 days from the date of dispatch of the transfer deed to the Registrar, and
the new Registrant within 30 days from the date of restoration of the original
status. For the duration of the alternative dispute resolution procedure, the
transfer restriction registered to the domain will be extended.
7.2.6 If, during a transfer process, the
transferor authorizes the transfer through a confirmation procedure, no further
transfer of that domain may be initiated for 30 days thereafter.
7.2.7 The transfer of Registrant does not affect
the maintenance period.
7.3 A
court or the Alternative Dispute Resolution Forum may also decide to transfer
the domain to an applicant. The transfer of the domain may also take place in
the case of such a decision only if the holder of the right to use the domain
meets the conditions set out in section 7.1 a) and the decision or resolution
is sent to the Registry by the Registrar or otherwise.
7.4 During
an ongoing alternative dispute resolution or court proceeding involving a
domain, the Registry will limit the transfer of the domain until the end of the
proceedings so that the domain can only be transferred for the benefit of the
applicant or claimant. The Registry, with the exception of those specified in
Clause 8.2, does not verify the fact of the ongoing proceedings, it is the
responsibility of the interested party to certify it to the Registry.
8.1 In case of any disputes arising between
the Domain Applicant and the Registrar in connection with conformity to the Policy, the resolution of the Registrar, or if
requested by the Registrar, the opinion of the Registry shall be applied. In
case of disputes arising between the Registrar and the Registry, the opinion of the Registry shall be applied.
8.2 The
fact of legal dispute on a domain shall be entered by the Registry into the Register
upon the
request by the party initiating the procedure or on the basis of the court
decision. In case of such requests, the transfer of the domain shall be
restricted pursuant to paragraph 7.4.
8.3 The Alternative Dispute
Resolution Forum’s proceedings are available for legal disputes concerning applications for delegation and use of domains. The Consulting Body proceeds in legal
disputes arising prior to the delegation of domains. The Registration Decision Maker proceeds
in legal disputes arising in respect of already delegated domains while the Hotline
Decision Making Forum
proceeds in legal disputes initiated because of injurious content published
under the delegated domains. The Alternative Dispute Resolution Forum shall proceed according to the Policy published on the Registry’s website and on the homepage of the Alternative
Dispute Resolution Forum.
8.4 The Registry and
Registrar submit to the resolution or decision of the Alternative
Dispute Resolution Forum and shall proceed accordingly in respect of the delegation revocation and transfer of
domains. Neither the Registry nor the Registrar shall be held responsible for executing the decisions of the Alternative
Dispute Resolution Forum.
8.5 Following the decision made by the
Alternative Dispute Resolution Forum, the court procedures initiated by the Registrant shall be started against the person (Complainant or Inquirer) who had initiated the alternative dispute resolution procedure. Neither the Registry nor
the organization maintaining the Alternative Dispute Resolution Forum, nor the
Decision Maker
participating in the procedure can change the decision. The Registry
shall restore the original status in case of an enforceable court decision
affirming the claim of the Registrant.
8.6 The Alternative Dispute
Resolution Forum’s services are
provided by means of independent advisers and decision makers, being
members of an organization appointed by the
Scientific Association of Council of Hungarian Internet Providers and are independent from
both the Registry and the Registrars.
9.1 Anyone may request the proceeding of the Alternative
Dispute Resolution Forum if they have a rightful interest in
determining that the delegation of a domain granted for conditional use to a Domain Applicant conflicts
with the Policy. The Complainant can submit its objection by indicating the reasons to any of the Registrars, with a deadline that makes it possible for the
Registrar to enter the initiation of the procedure into the Register within 8 days from the beginning day of the domain announcement and to
submit the full complaint within 14 days from the starting day. The Alternative Dispute Resolution Forum (Consulting
Board) cannot be requested to proceed if the deadline has been missed. The Registrar of the complaint is obliged
to take over the complainant’s objection while other Registrars can freely
decide about the taking over of the complaint. No other Registrar shall be
held responsible for any damage caused to the Complainant by refusing to take
over the complaint.
At the same time with submitting their complaint, the Complainant declares that they give consent to the processing
of their personal data according to the Privacy Policy.
9.2 Failure to meet
the deadline available for initiating the procedure by the Alternative Dispute
Resolution Forum (Consulting Board) cannot be interpreted as if the party concerned has given up its rights relating to the choice of the domain name and has given consent to the delegation of the chosen domain name to the Domain Applicant.
9.3 If an
application entered in the Register is not fulfilled because according to the opinion of Registry it does not meet the requirements of the Policy,
the Domain Applicant shall immediately be informed about this fact and its
reasons by its Registrar. In such case the Domain Applicant can request its Registrar to ask the Alternative Dispute Resolution
Forum (Consulting Board) to proceed with a deadline that allows the Registrar to enter the initiation of procedure into the Register within 14 days from the
refusal date. The application will be automatically deleted if the deadline is not met.
9.4 The Consulting Board
shall form conceptual or case-by-case resolution in relation to the conformity
of the domain applications to the Policy. The Registry and the Registrar shall
submit themselves to the Consulting Board’s resolutions and shall grant or reject the applications
for delegation in accordance with the provisions set forth therein.
9.5 The
conceptual resolution shall contain such general guidance in relation to the
conformity of applications to the Policy as is binding for the Registrar and
the Registry. A conceptual resolution of the Consulting Board may be requested by
the Registry.
9.6 The
case-by-case resolutions shall contain a decision as to whether a specific
application by a specific Domain Applicant can be granted or not. The Registry and any Registrar may request a case-by-case resolution of the Consulting Board
prior to the delegation at their own discretion or upon the assignment of the Domain Applicant or Complainant who is submitting a complaint in connection with the application. The
Registrar may subject the acceptance of assignment for initiating the procedure
to the payment or deposit of the procedural fee by the Complainant.
9.7 The
Consulting Board may bring a case-by-case resolution in relation to whether the
domain can be delegated to the particular applicant or not. If on the basis of
the resolution, the domain granted for conditional use is deleted, no one but the Complainant is entitled to submit new application for the particular domain for 60 days from the date of deleting the domain provided this intention was indicated in the Register by the Registrar of the Complainant
when the complaint was submitted.
9.8 The
procedural fee for a case-by-case resolution of the Consulting Board shall be
paid by the Registrar of the Domain Applicant to the Registry if the Consulting Board decides
that the Complainee’s application for the domain cannot be granted. If Complainee’s application for the domain can be granted, the fee
a)
shall be paid by the Registrar of the Complainant in case of procedures
started as per 9.1, or
b)
shall be borne by the Registry in case of procedures started as per 9.3.
The Registrar shall have the right to
charge its costs relating to the procedure onto its principal.
9.10 The
procedure of the Consulting Board may also be requested in the event of a
dispute related to the transfer of the domain, as regulated in clause 7.2.5.
The provisions of this Section 9. shall apply to the procedure of the
Consulting Board, with the exceptions specified in Section 7.2.5.
10.1 By
submitting an application for a delegation of a domain and by maintaining the delegation, the Registrant agrees to be bound by the decisions of the Alternative Dispute
Resolution Forum (Registration Decision Maker), acting according to this Policy and according to other provisions for resolving disputes relating to the chosen domain name in case a
request to this end has been submitted.
10.2
Following the delegation of the domain, the transfer or the revocation of a
particular domain name from the Defendant Registrant may be initiated by a party having a right to use the particular name, through an inquiry that complies with the Policy of the Registration Decision Maker and is submitted
to the Alternative Dispute Resolution Forum. Simultaneously with the submission
of the inquiry the applicant shall pay the procedural fee the amount whereof is specified in the Policy and regulations of the Registration Decision Maker.
10.3 The
Alternative Dispute Resolution Forum shall order the domain name to be revoked or transferred to the Inquirer
a)
if:
aa) the
domain name is identical or confusingly similar to a name protected by national or community law in favour of the Inquirer, or
ab) the
Inquirer has the right to use the domain name under a statute in the
national or in the community law,
b)
and if:
ba) the
domain name has been applied for by the Defendant without rights to or legitimate interest in the name, or
bb) the
domain name has been applied for or has been used by the Defendant in bad faith.
10.4 The detailed Policy of verifiability of the legitimate interest in favour of the Defendant
as well as of the bad faith against the Defendant are contained in the Policy of the
Registration Decision Maker.
10.5 The
Registrar and the Registry shall execute the decision of the Registration Decision Maker in 30 days upon the receipt thereof. The execution of the decision shall be suspended by the Registrar and the Registry in
the event the Defendant Registrant certifies during the deadline of 30 days
after the notice of the decision ordering the revocation or transfer of the
delegated domain to the Inquirer that the Registrant has instituted a legal action against the Inquirer in order to continue to use the domain. In case of failure to institute a legal action or
of certification of initiation or in case of notice about a court decision that ends the proceedings on a final and binding
basis and does not
contradict the decision in merit, the decision shall be executed by the Registrar and the Registry.
10.6 The
Alternative Dispute Resolution Forum may be applied to by the Inquirer and the Defendant on the basis of mutual
agreement, or by the Registry or a Registrar versus a Registrant in order to resolve any dispute about the registration, maintenance or use of the domain in respect of domain names delegated at
any time as well as any disputed issues other than the cases defined in these Policy.
The Domain Applicant or the Registrant shall ensure, at the time of submitting the application
for domain delegation, the fulfilment of the requirements regarding the technical operability as defined below and shall continue to do so
during the maintenance of delegation on an ongoing basis:
11.1 At least two domain name
servers, responding authoritatively to requests received at the TCP and UDP
ports 53, shall have permanent IPv4 or IPv6 Internet connection, be accessible
and function on an ongoing basis.
11.2 At least two of the domain
name servers shall have permanent accessibility on the Internet network
independently of each other on IPv4 protocol.
11.3 The SOA record of the
domain zone shall be syntactically correct.
12.1 The Domain Applicant or the Registrant shall appoint an
administrative contact person to represent him or her in matters relating to the domain delegation
and registration as well as the maintenance and use of the domain.
12.2 The Domain Applicant or the Registrant shall be regarded as the administrative contact person unless they have disposed otherwise if they comply with paragraph 12.4. The Domain Applicant or the Registrant may appoint as an administrative contact person a legal person or an individual entrepreneur and is exclusively responsible for ensuring that this authorised person
undertakes the consequences thereof. For individual
entrepreneurs appointed as administrative contact persons, their respective tax numbers must be entered into the Register.
12.3 The Registrar shall be
notified by the Registrant or the administrative contact of any
change in the person or the particulars of the administrative contact person. Neither
the Registrar nor the Registry shall be liable for damage arising from the
failure to notify the Registrar of the changes. Failure to report the changes may result in revoking the delegation according to paragraph 6.1 g) of the Policy.
12.4 The administrative contact
must have a working e-mail address and a postal address in Hungary and must be able
to communicate in Hungarian.
12.5 Official notices and calls
addressed to the Domain Applicant or the Registrant shall be sent to the administrative contact person’s e-mail address or postal address entered in the Register. It is their own
responsibility to update the addresses in the Register so that they are immediately
informed of the notices and calls addressed there. Neither the Registrar nor
the Registry shall be liable for damage arising out of the failure of
notification if the administrative contact person cannot be
reached at the address entered in the Register.
12.6 Where
the administrative contact person is a natural person other than the Registrant
and requests that their personal information to be deleted, the Registrant shall ensure within 60 days a new administrative contact person is appointed. The
Registrar shall notify the Registrant to do so.
12.7 Where the Registrant fails to
ensure that a new
administrative contact person is appointed within the given deadline, the
Registrar shall simultaneously notify the Registrant and enter the Registrant
automatically into the Register as the new administrative contact person,
provided he or she meets the requirements set forth in paragraph 12.4,
otherwise the Registrar will enter itself into the Register as administrative
contact person. The Registrar shall notify the Registrant of the automatic
entering of the new administrative contact person.
12.8 Where
the Registrant does not have a valid agreement for delegation and maintenance of a domain (for instance, was terminated
by the Registrar or the Registrar ceased to exist, excluding cases set out in paragraph
6.3), the amendments specified in paragraph 12.7 shall be made by the Registry into
the Register.
13.1 The Domain Applicant or the Registrant shall exempt and hold the Registry and/or the Registrar harmless from any cost
arising out of any dispute, damage or claim relating to the
domain name delegated for it or relating to the delegation and registration proceedings, to the choice, meaning or use of its domain name and to the lack of its consent
to the controlling of the personal data of natural person appointed as
administrative contact persons, and in any case, shall do its best to prevent the Registrar and the Registry from
suffering any prejudice to their interests. Neither the
Registrar nor the Registry shall be held liable for compliance with the Policy
and for executing the decision of the alternative dispute resolution
procedure, a final resolution or such resolution as has been declared
enforceable on a preliminary basis.
13.2 Communication between the
parties: During the domain registration procedures (i.e. application,
modification, termination, transfer, etc.) the administration shall usually be performed electronically. Until the contrary is proved, notices
sent by e-mail shall be deemed as received by the addressee. Responsibility for
the authenticity of documents sent electronically shall lie with the sender, the recipient is responsible for receiving
at the e-mail address provided by the recipient. When confirmation in
the framework of confirmation procedure under this Policy, the legal statement
shall be deemed as made. E-mails generated in the communication between the parties in connection
with domain administration shall be considered an instrument in writing and
authentic even without qualified electronic signature, as the contents thereof
– until the contrary is proved – are identical to the original, without
changes, having the grounds for reference thereto by any of the parties.
13.3 Contracts for application and delegation and for maintenance
and delegation can be entered into in a consolidated form too. Any of the agreements will be invalid without the legal statements
made by the Domain Applicant or the Registrant with their agreeing to become
familiar with the Privacy Statement, to agree with, to accept and to be bound by the provisions of the Policy and all such terms and conditions will be void as are contrary to the Policy. The Domain Applicant and the Registrant shall retain the registration contract(s)
and their electronic confirmation where the contract has been
entered into electronically. The Registrar is not obliged to enter into contracts where it does not intend to, therefore
shall not be held liable if refuses entering into a contract on the delegation or
maintenance of a domain.
13.4 In
the course of the registration procedures (application, amendment, termination,
transfer, etc.) the Registrar or the Registry may examine the entitlement or
the personal identity of the concerned parties (Domain Applicant, Registrant,
transferring party, beneficiary, administrative contact person, etc.), based primarily:
a)
for natural persons:
i.
on a personal identity
card,
ii.
on a passport,
iii.
on a permit for
domiciliation in Hungary,
iv.
on a driving licence,
v.
on an instrument
certifying credibly the citizenship of a European Union, EEA, EFTA member state
or of a neighbouring country of Hungary,
vi.
on birthdate.
b)
for legal entities and individual entrepreneurs:
i.
on the resolution,
registration order by an authority (public administration, public notary,
chamber of commerce or court) evidencing beyond reasonable doubt the
establishment, the entry in the Register or the registration of the legal
entity, or the instrument officially evidencing the start of the procedure for
entering in the Register or registering the entity (a copy of the application
with the court stamp of receipt),
ii.
on the instrument
evidencing the power of representation of the person making statements on
behalf of the legal entity (e.g. specimen signature or a sample signature
prepared by an attorney-at-law),
iii.
on a document certifying
the tax number of an individual entrepreneur,
c)
for beneficiaries of trademarks: on the instrument evidencing the
protection of registered trademark,
d)
on an electronic certificate.
13.5 Any legal entity registered or
individual entrepreneur entered in the Register in Hungary may become a Registrar if entitled to carrying on activities defined in the Policy,
having the human and physical abilities required for such activities and having a valid and effective franchise agreement
with the Registry for performing Registrar activities.
13.6 If
the Registrar has been dissolved or loses its rights to be a Registrar, it may be replaced by a new Registrar in the contracts. If
this does not happen, instead of the old Registrar the Registry shall inform
the Registrants of the domains maintained by the former Registrar about the
termination of the contract on delegation maintenance and shall, instead of the
former Registrar, enter this fact into the Register. Thereafter the procedure
shall continue according to paragraph 6.1 e).
13.7 Wherever
Policy or Domain Registration Business Policy Guidelines (or any former name for the Policy) are mentioned in a contract or in any other
instrument, they shall be understood to mean this Policy.
13.8 In case of previously
delegated domains, the lawfulness of delegation shall be assessed according to
the registration Policy in effect previously.
13.9 The
Scientific Association of Council of Hungarian Internet Providers may create
Technical Procedural Policy to specify the technical details of the processes
covered in this Policy. The Technical Procedural Policy will form an annex to this Policy.
13.10 This
Policy is governed by Hungarian law.
This Domain Registration Policy enters
into force as of 1 January 2021.
[i] Relevant links related to trademarks: http://epub.hpo.hu/e-kutatas/, https://oami.europa.eu/eSearch/, https://www.tmdn.org/tmview/
[ii] The Acceptable
Use Policy can be found at: https://www.iszt.hu/iszt-aup/
*Visible domain names appear shorter due
to accented characters, due to encoding (punycode).