.af Domains Dispute & Policy
Last Update 29 November 2011. The most current .af domains dispute policy can be found at: http://www.nic.AF/domainpolicy.htmAfghanistan Country Code Top level Domain Policy
- ".AF DNS authority" means the Afghanistan Domain Administration Committee (as of November 2002, the Ministry of Communications of Afghanistan) supported by the Technical Focal Point which has the right to grant licenses to use domain names in the ".AF " domain;
- "the registrar" means the organization or undertaking that enters into a non-exclusive registrar agreement with the .AF DNS authority and obtains from the .af DNS authority the right to apply for the registration and renewal of domain names under the ".AF " domain on behalf of its clients but for its own account. As of November 2002, UNDP Afghanistan office in Kabul is one authorized registrar;
- "the license" means the person that applies for or has obtained a license from the .AF DNS authority to use a particular name in the ".AF " domain.
The .AF DNS authority will not accept the following domain names for registration:
- Names that are already registered ("first come, first served" -principle) or that are put on hold. A name is put on hold if:
- Legal proceedings, whether within or outside the scope of a court of law, are in progress over that name, or
- The .AF DNS authority has asked the domain name holder to replace his registrar in case the registrars contract with the .AF DNS authority is terminated.
- Names that consist of characters other than "a-z", "A-Z", "0-9" and "-", or that start or end with "-" (as recommended in RFC 1035).
- Names of less than two characters or more than sixty-three (63) characters.
- Names with "-" on the third and the fourth position.
As of November 2002, the registration fees are as follow:
The licensee must have a working e-mail address, which is inserted in the .af DNS authority database. The .AF DNS authority and the licensee must use this e-mail address for official communication between them, and the licensee must keep the address up-to-date through his registrar. If the e-mail address is not kept up-to-date, the licensee is in breach of these terms and conditions and the .AFDNS authority may terminate the license as provided in article 3 above.
- Name, address and telephone and fax number of licensee;
- Date of registration and status of the domain name;
- E-mail address of licensee;
- Language chosen for the dispute resolution set out in article 10.
- All statements made during the registration process and the term of the license are complete and accurate.
- Registering the domain name will not infringe or otherwise violate the rights of a third party.
- The domain name is not registered for an unlawful purpose.
- The domain name is not used in violation of any applicable laws or regulations, such as a name that helps to discriminate on the basis of race, language, sex, religion or political view;
- The domain name is not contrary to public order or morality (e.g. obscene or offensive names).
- Registration or renewal (or the default of registration or renewal) of a domain name in favor of a licensee or a third party due to an error concerning their identity.
- Termination of the .AF DNS authority’s rights to register domain names in the ".AF " domain.
- Rights that third parties claim to domain names.
- Technical problems cpr144449003101 or faults.
- Acts or omissions of the registrars regarding the application, registration or renewal of domain names, which may result in the non-registration, or cancellation of a domain name.
The licensee must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited. Dispute Resolution Entity. The licensee accepts that those proceedings must be conducted before one of the accredited. Dispute Resolution Entities listed at the web site of the .AFDNS authority. The procedure will be conducted in the language chosen by the licensee during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed. As of November 2002, the designated Dispute Resolution Entity for .AF is
- The licensee must submit a dispute to alternative dispute resolution proceedings if a third party (a "Complainant") asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that:
1. The licensee's domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and2. The licensee has no rights or legitimate interests in the domain name; and3. The licensee's domain name has been registered or is being used in bad faith.
- The evidence of such in bad faith registration or use of a domain name can, inter alia, be demonstrated by the following circumstances:
1. Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or2. The domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that the licensee has engaged in a pattern of such conduct; or3. The domain name was registered primarily for the purpose of disrupting the business of a competitor; or4. The domain name was intentionally used to attract, for commercial gain, Internet users to the licensee's web site or other on-line location, by creating a likelihood of confusion with the Complainant's trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of the licensee's web site or location or of a product or service on his web site or location.5. The licensee registers one or more personal names without the existence of a demonstrable link between the licensee and the registered domain names.
- If a complaint is filed, the licensee can demonstrate his rights or legitimate interests to the domain name by the following circumstances:
1. Prior to any notice of the dispute, the licensee used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or2. The licensee (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or3. The licensee is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.
The rules of procedure of the Dispute Resolution Entity state the process for initiating and conducting the proceedings and for appointing the Third-party Decider that will decide the dispute. The rules of procedure also determine the fees that the Complainant must pay. The Dispute Resolution Entity publishes the rules of procedure on his web site.
The .AFDNS authority does not, and will not, participate in the administration or conduct of any proceedings before. Neither the .AFDNS authority, the Dispute Resolution Entity of the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.
The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.
The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term.
The submittance to the alternative dispute resolution procedures does not prevent either the licensee or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If Third-party Decider decides that the domain name registration should be cancelled or transferred, the .AFDNS authority must wait thirty (30) business days after being informed of the Third-party Decider's decision before implementing that decision. The .AFDNS authority may then implement the decision unless during those thirty (30) business days it receives from the licensee evidence that a judicial decision, enforceable in Afghanistan, rendered in a dispute between the licensee and the Complainant, blocks the transfer or the cancellation. If the .AF DNS authority receives such documentation, it will not take any further action (whilst leaving the domain name 'on hold') till it receives (i) satisfactory evidence of a resolution between the licensee and the Complainant; or (ii) satisfactory evidence that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order on the merits from that court dismissing the lawsuit or stipulating that the licensee does not have the right to continue to use the domain name.
All other disputes between the licensee and any party other than the .AFDNS authority over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.
The .AFDNS authority will not participate in any dispute between the licensee and any party other than the .AFDNS authority over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. The licensee must not name the .AFDNS authority as a party or otherwise include it in any such proceedings. If the . .AFDNS authority is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.
As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform the .AF DNS authority of the identity of the Complainant and the domain name involved. The .AF DNS authority must immediately put the domain name involved "on hold", under articles 2 and 3 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).
Domain name registration is strictly prohibited by any of the following purposes:
The registrant must bring the following documents for the registration of domain names under .AFdomain.
The Registrant agrees to indemnify and hold and save harmless AFGNIC, against any and all actions, causes of action, suits, claims and demands of any nature or kind as well as from and against any and all damages, liabilities, losses, costs, charges and expenses including reasonable legal fees resulting from the Registrant’s breach of the terms and conditions of this Agreement, registration of, application of, transfer of and/or use of the domain name.
This Agreement (including AFGNIC’s applicable rules, policies and procedures), as amended and supplemented by AFGNIC from time to time, contains the entire understanding between the Registrant and AFGNIC with respect to the subject matter hereof and supersedes all prior agreements or understandings, inducements or conditions, express or implied, oral or written made between the parties hereto.
By submitting this registration form the registrant is constrained and agrees to with all applicable rules and policies effective from time to time
Note: This document is subject to change by AFGNIC from time to time without any prior written notice.
Content by AFG NIC