1. KazNIC Organization ("KazNIC") is responsible for the registration
of second-level Internet domain names in the top level KZ domain.
KazNIC registers these second-level domain names on a "first come,
first served" basis. By registering a domain name, KazNIC does not
determine the legality of the domain name registration, or otherwise
evaluate whether that registration or use may infringe upon the rights
of a third party.
2. The entity applying for a domain name ("registrant") is solely
responsible for selecting its own domain name ("domain name") and
maintaining for the continued accuracy of the registration record. The
registrant, by completing and submitting the Domain Name Registration
Agreement ("Registration Agreement"), represents that the statements in
its application are true and that the registration of the selected
domain name, to the best of the registrant's knowledge, does not
interfere with or infringe upon the rights of any third party. The
registrant also represents that the domain name is not being registered
for any unlawful purpose.
3. KazNIC neither acts as arbiter nor provides resolution of disputes
between registrants and third party complainants arising out of the
registration or use of a domain name. This Domain Name Dispute Policy
("Policy") does not confer any rights, procedural or substantive, upon
third party complainants. Likewise, complainants are not obligated to
use this Policy.
4. This Policy does not limit the administrative or legal procedures
KazNIC may use when third party conflicts arise, or when KazNIC is
presented with information that a domain name violates the legal rights
of a third party, including, but not limited to, information that the
display or use of the domain name is expressly prohibited by a
Kazakstani legislation or International regulations.
5. Modifications. The registrant acknowledges and agrees that KazNIC
may modify or amend this Policy from time to time, and that such
changes are binding upon the registrant. KazNIC will post the revised
Policy at http://www.nic.kz/rules/policy.jsp at least thirty (30) calendar
days before it becomes effective.
6. Indemnity. The registrant hereby agrees to defend, indemnify and
hold harmless (i) KazNIC, its officers, directors, employees and
agents, and (ii) the Ministry of Transport and Communications ("MTC"),
its officers, directors, and employees (collectively, the "Indemnified
Parties"), for any loss or damages awarded by a court of competent
jurisdiction resulting from any claim, action, or demand arising out of
or related to the registration or use of the domain name. Such claims
shall include, without limitation, those based upon trademark or
service mark infringement, tradename infringement, dilution, tortious
interference with contract or prospective business advantage, unfair
competition, defamation or injury to business reputation. Each
Indemnified Party shall send written notice to the registrant of any
such claim, action, or demand against that party within a reasonable
time. The failure of any Indemnified Party to give the appropriate
notice shall not affect the rights of the other Indemnified Party.
KazNIC recognizes that certain educational and governmental entities
may not be able to provide complete indemnification. If the registrant
is (i) a governmental or non-profit educational entity, and (ii) not
permitted by law or under its organizational documents to provide
indemnification, the registrant must notify KazNIC in writing and, upon
receiving appropriate proof of such restriction, KazNIC may provide an
alternative provision for such a registrant.
7. Revocation. The registrant agrees that KazNIC shall have the right
in its sole discretion to revoke, suspend, transfer or otherwise modify
a domain name registration upon thirty (30) calendar days prior written
notice, or at such time as KazNIC receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the revocation, suspension, transfer or modification of the
domain name registration.
8. Dispute Initiation. Registrant agrees that while KazNIC can neither
act as an arbiter nor provide resolution of disputes arising out of the
registration and use of a domain name, KazNIC may be presented with
information that a domain name possibly violates the trademark rights
of a trademark owner. KazNIC may apply the procedures described in
Section 9 when a third party complainant ("complainant") presents
KazNIC with satisfactory evidence of both trademark ownership and
written notice to the domain name registrant describing the legal harm
the trademark owner is incurring. The documents required in support of
a complainant's written request that KazNIC invoke Section 9, Dispute
Procedures, must include:
(a) An original, certified copy, not more than six (6) months old, of
a trademark registration ("certified registration"), which is in
full force and effect and is identical to a second-level domain
name (i.e., not including KZ) on the principal or equivalent
registry of any country (copies certified in accordance with
37 CFR 2.33(a)(1)(viii) or its successor will meet this standard
for registrations in jurisdictions other than the United States).
Trademark or service mark registrations from the supplemental or
equivalent registry of any country, or from individual states or
provinces of a nation, will not be accepted. Trademarks
incorporating a design will not be accepted; and
(b) A copy of the written prior notice sent to the domain name
registrant by the complainant, and a representation by the
complainant indicating the mode of delivery of the notice (e.g.,
first class mail, overnight delivery) and the factual basis for
believing that the domain name registrant received the notice.
Notices must be sent to the mailing address of the domain name
registrant as provided in KazNIC' WHOIS database. The notice to the
domain name registrant must clearly state that the complainant
believes the registration and use of the disputed domain name
violates the trademark rights of the complainant; the notice must
also clearly allege the factual and legal bases for the belief.
KazNIC will not undertake any separate investigation of the
statements in such notice.
9. Dispute Procedures. In those instances where a third party claim is
based upon and complies with Section 8(a and b), KazNIC may apply the
following procedures, which recognize that trademark ownership does not
automatically extend to the right to register a domain name and which
reflect no opinion on the part of KazNIC concerning the ultimate
determination of the claim:
(a) KazNIC shall determine the creation date of the registrant's domain
name registration ("domain name creation date").
(b) If the registrant's domain name creation date precedes the
effective date of the valid and subsisting certified registration
owned by the complainant, KazNIC will take no action on the
complainant's request.
(c) If the domain name creation date is after the effective date of the
valid and subsisting certified registration owned by the
complainant, then KazNIC shall request from the registrant proof of
ownership of registrant's own registered trademark or service mark
by submission of a certified registration, of the type and nature
specified in Section 8(a) above. The certified registration must be
owned by the registrant and the effective date must be prior to the
date of any third party's notice of a dispute to the registrant. If
the registrant satisfies the requirements of this Section 9(c),
KazNIC will take no further action on the complainant's request.
(d) If the domain name creation date is after the effective date of the
valid and subsisting certified registration owned by the
complainant, and the registrant fails to provide a certified
registration as specified in Section 8(a) to KazNIC within thirty
(30) calendar days of receipt of KazNIC' dispute notification
letter, KazNIC will assist the registrant with registration of a
new domain name, and will allow the registrant to maintain both
names simultaneously for up to ninety (90) calendar days to allow
an orderly transition to the new domain name. KazNIC will provide
such assistance to a registrant if and only if, within thirty (30)
calendar days of receipt of KazNIC dispute notification letter, the
registrant (1) submits a Registration Agreement requesting the
registration of a new domain name; and (2) submits an explicit
written request to KazNIC' Office, including an identification of
the registrant's desired new domain name and the NIC tracking
number (for example, KZ-981125.1234) assigned by KazNIC in response
to the new Registration Agreement. At the end of the ninety (90)
calendar day period of simultaneous use, KazNIC will place the
disputed domain name on "Hold" status, pending resolution of the
dispute. As long as a domain name is on "Hold" status, that domain
name registered to the registrant shall not be available for use by
any party.
(e) In the event the registrant fails to select one of the following
options by a written response, received by KazNIC within thirty
(30) calendar days of receipt of KazNIC' dispute notification
letter, KazNIC will place the domain name on "Hold" (wherein the
domain name will not be available for use by any party) pending
resolution of the dispute:
(1) Provide the documentation required by Section 9(c) of this
Policy,
(2) Relinquish the domain name and transfer it to the complainant,
(3) Register a new and different domain name pursuant to Section
9(d) of this Policy,
or
(4) File a civil action and provide a copy of a file-stamped
complaint pursuant to Section 10 of this Policy.
(f) KazNIC will reinstate the domain name placed in "Hold" status, or
will not place it in "Hold" status, (i) upon receiving a properly
authenticated temporary or final order by a court of competent
jurisdiction, or arbitration award, stating which party to the
dispute is entitled to the domain name, (ii) if KazNIC receives
other satisfactory evidence from the parties of the resolution of
the dispute, or (iii) the complainant requests that the domain name
not be placed on "Hold".
(g) A domain name registrant involved in Dispute Procedures remains
subject to the terms and conditions of the Registration Agreement,
including fees.
10. Litigation. Independent of the provisions of Section 9 of the
Policy, in the event that:
(a) The registrant files a civil action related to the registration and
use of the domain name against the complainant in a court of
competent jurisdiction, and provides KazNIC with a copy of the
file-stamped complaint, KazNIC will maintain the status quo ante of
the domain name record pending a temporary or final decision of the
court. For example, if the domain name is not on "Hold," it will
not be placed on "Hold;" if the domain name is already on "Hold",
it will remain on "Hold." In such cases, KazNIC will deposit
control of the domain name into the registry of the court by
supplying the registrant with the registry certificate for deposit.
While the domain name is in the registry of the court, KazNIC will
not make any changes to the domain name record unless ordered by
the court. The registrant also shall promptly provide copies of any
and all pleadings filed in the action to KazNIC upon KazNIC
request.
(b) The complainant files a civil action related to the registration
and use of the domain name against the registrant in a court of
competent jurisdiction, and provides KazNIC with a copy of the
file-stamped complaint, KazNIC will maintain the status quo ante of
the domain name record pending a temporary or final decision of the
court. For example, if the domain name is not on "Hold," it will
not be placed on "Hold;" if the domain name is already on "Hold",
it will remain on "Hold." KazNIC will deposit control of the domain
name into the registry of the court by supplying the complainant
with the registry certificate for deposit. While the domain name is
in the registry of the court, KazNIC will not make any changes to
the domain name record unless ordered by the court.
(c) In both instances, under Section 10(a and b), KazNIC will abide by
those provisions of temporary or final court orders, or arbitration
awards, directing the disposition of the domain name, without being
named as a party to the civil action. The civil action must include
the domain name registrant as a party. If named as a party to a
civil action, KazNIC shall not be limited to the above actions, but
reserves the right to raise any and all defenses deemed
appropriate, and to take any other action necessary to defend
itself.
(d) A domain name registrant involved in Litigation remains subject to
the terms and conditions of the Registration Agreement, including
fees.
11. DISCLAIMER. THE REGISTRANT AGREES THAT KAZNIC WILL NOT BE LIABLE
FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR
FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF KAZNIC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL KAZNIC' MAXIMUM LIABILITY EXCEED FIVE
HUNDRED ($500.00) US DOLLARS.
12. Notices. All notices between Network Solutions and its registrants
permitted or required under this Policy shall be in writing and shall
be delivered by personal delivery, courier delivery, facsimile
transmission, and/or by first class mail, and shall be deemed given
upon delivery, transmission, or seven (7) calendar days after deposit
in the mail, whichever occurs first. Initial notices shall be sent to
the domain name registrant at the address of the domain name registrant
listed in KazNIC WHOIS database.
13. Non-Agency. Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise
between the parties.
14. Non-Waiver. The failure of KazNIC to require performance by the
registrant of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver
by KazNIC of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
15. Breach. The registrant's failure to abide by any provision under
this Policy may be considered by KazNIC to be a material breach and
KazNIC may provide a written notice, describing the breach, to the
registrant. If, within thirty (30) calendar days of the date of such
notice, the registrant fails to provide evidence, which is reasonably
satisfactory to KazNIC, that it has not breached its obligations, then
KazNIC may revoke registrant's registration of the domain name. Any
such breach by a registrant shall not be deemed to have been excused
simply because KazNIC did not act earlier in response to that, or any
other, breach by the registrant.
16. Invalidity. In the event that any provision of this Policy shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall
not render this Policy unenforceable or invalid as a whole. KazNIC will
amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and
intent of KazNIC as reflected in the original provision.
17. Entirety. This Policy, as amended, and the current Registration
Agreement together constitute the complete and exclusive agreement
between KazNIC and the registrant, and supersede and govern all prior
proposals, agreements, or other communications. The registrant agrees
that registration of a domain name constitutes an agreement to be bound
by this Policy, as amended from time to time.