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.ly Domains Dispute & Policy

Last Update 20 August 2012. The most recent source for .ly domains regulations can be found at: www.nic.ly/regulations.php

This Regulation outlines the terms and conditions for registering domain names under the country code Top-Level Domain (ccTLD) of the Great Socialist People’s Libyan Arab Jamahiriya (".ly") with the General Post and Telecommunications Company (GPTC).

1 DEFINITIONS

For the purposes of this Regulation, the following definitions shall apply:

1.1 GPTC: General Post and Telecommunications Company is the registration authority of the domain name space for the country code Top-Level Domain (ccTLD) of the Great Socialist People’s Libyan Arab Jamahiriya (".ly"). Thus, GPTC is responsible for the registration of domain names under the second-level domains (e.g., com.ly, plc.ly org.ly, gov.ly, edu.ly, med.ly, sch.ly, id.ly and net.ly). This includes the operation and management of DNS root servers for the Libyan (".ly") ccTLD.
1.2 Applicant/Registrant: Any entity or person that approaches GPTC or a recognized Registrar to register a new domain name or modify the information of an already registered domain name.
1.3 Registrar: An entity recognized by GPTC to administer the process of registration and modification of domain names under the second-level domains: com.ly, org.ly, med.ly, sch.ly, id.ly, net.ly...etc
1.4 Regulation: It is this document (Domain Name Registration Regulation in the Great Socialist People’s Libyan Arab Jamahiriya) which consist of terms and conditions that define the relation between the Applicant and GPTC regarding the registration of a domain name under ccTLD of Libya (".ly").
Application form: A form exists for registering a new domain name or modifying information for an already registered domain name. It will be available at the www.nic.ly web site and the sites of the recognized registrars.
2 GENERAL
2.1 GPTC administers the name space for the Great Socialist People’s Libyan Arab Jamahiriya ccTLD (".ly"), under which a number of second-level domains exists.
2.2 The Libyan ccTLD (".ly") domain hierarchy is based on general category of organizations. The following are their definitions:
com.ly: Dedicated only for entities that provide commercial services. Also, registered trade names and marks can be registered as domain names under com.ly.
plc.ly: Dedicated only to entities operating as state owned companies.
edu.ly: Dedicated only for educational and training institutions, e.g., universities, training institutes, etc.
sch.ly: Dedicated only for Kindergartens, elementary schools, secondary schools, and high schools.
med.ly: Dedicated only for entities that provides health services such as hospitals, medical clinics, pharmacies, etc.
gov.ly: Dedicated only for Governmental entities including popular congresses and comities, ministries, authorities and government agencies.
net.ly: Dedicated only for entities that provide Internet-related services, e.g., ISPs, web hosting, portal sites, etc.
org.ly: Dedicated only for non-profit organizations including societies, charities, clubs and youth federations.
id.ly: Dedicated only for entities or individuals that do not fit within any of the above definitions, including personal names.
3 APPLICATION
3.1 The Applicant should fill in a domain name Application form and submit it to GPTC or one of its recognized registrars.
3.2 Registration of second level domains should be through the recognized entities below:
3.2.1 Second level domains; gov.ly, edu.ly and plc.ly can only be registered with GPTC and not the recognized registrars.
3.2.2 Second-level domains: com.ly, org.ly, med.ly, sch.ly, id.ly, net.ly can be registered at any of the recognized registrars.
3.3 Domain name requests are kept in a pending state until all the requirements are received from the Applicant within three weeks from the application form submission date. If no such requirements are submitted within this period, GPTC will contact (by e-mail) the Applicant asking them to complete their request. If nothing is received within a week, GPTC will reject the request.
3.4 GPTC is not under any legal obligation to screen requested domain names to determine if the use of a domain name by an Applicant may infringe upon the right(s) of a third party. Consequently, as an express condition of the grant of an Applicant's request to register a domain name, the Applicant represents, agrees and warrants as follows:
3.4.1 The Applicant bears the responsibility of obtaining legal permission to use the domain name which means that the use or registration of the domain name by him does not interfere with or infringe upon the right of any third party in any jurisdiction with respect to trademark, trade name, company name or any other intellectual property right.
3.4.2 It is the Applicant’s responsibility to secure a tradename or such to protect his right to the chosen name.
3.5 The Applicant certifies that, to the best of his/her knowledge the domain name is not being registered for any activities/purpose not permitted under Libyan law.
3.6 The Applicant certifies that, all information contained in the Application form is complete, correct, true and accurate.
3.7 The Applicant agrees to inform GPTC of any changes, amendments or corrections to the information provided in the application form as soon as such changes, amendments or corrections occur. This follows that:
3.7.1 Any notices and notifications required to be given under this regulation by GPTC to the Applicant will be deemed to have been given if delivered in accordance with the provided contact information.
3.7.2 The Applicant is aware that the information provided to GPTC related to a domain name such as the Registrant’s name, telephone number, facsimile number, e-mail address and other contact details will be publicly accessible through GPTC’s server or in any form or media so deemed fit by GPTC.
4 REGISTERING DOMAIN NAMES
4.1 GPTC registers domain names on first come, first served basis.
4.2 Domain names must not contain obscene, scandalous, indecent, or contrary to Libyan law or Islamic morality words, phrases nor abbreviations.
5 DOMAIN NAME CONFLICTS
5.1 Any disputes between parties over the rights to use a particular domain name are to be settled between the contending parties using normal legal methods. GPTC exempts itself from all responsibility for the verification of rights to a name. GPTC cannot act as arbiter of disputes arising from this kind of conflict.
5.2 GPTC will not be liable for any interruption of business, or any indirect damages of any kind (including losses of profits) or otherwise.
5.3 GPTC may suspend registration of a pending application for a disputed domain name in case of a conflict with another pending application or an already registered domain name until the conflicting registrants present a signed and written settlement of the conflict.
5.4 Acceptance of an application and registration of a domain name by GPTC does not endorse cpr144449003101 approval or support to submitted names of natural or legal identities, trade names or trademarks.
6 APPLICATION REJECTIONS
6.1 GPTC will notify Applicants of acceptance, rejection or modification, by email.
6.2 Reasons for GPTC to reject domain name applications are:
6.2.1 Incomplete or incorrect entries in the Application form.
6.2.2 The domain name is not correctly hosted in the name servers.
6.2.3 The Applicant or his request does not comply with GPTC's regulations.
7 MODIFYING REGISTRATION INFORMATION
7.1 Modifications are done only to contact and server information.
7.2 To edit domain names’ contact and server information, the Application form “Editing Information” should be used.
7.2.1 The Application form “Editing Information” will be found on the www.nic.ly website or at the recognized Registrars sites.
7.3 Request to make any such modifications must come from the Applicant/Registrant to GPTC or to the recognized Registrars. GPTC may take some additional measures to verify information for administrative reasons.
7.4 Changes of IP address and/or hosting Registrars are free of charge.
7.4.1 The Applicant/Registrant must communicate changes as to IP address and/or hosting Registrars to GPTC as soon as they are confirmed.
8 DELETING A REGISTERED DOMAIN NAME
8.4 GPTC reserves the right to suspend or delete a domain name at any time in any of the following cases:
8.4.1 GPTC finds any of the information supplied to GPTC to be incomplete, incorrect or inaccurate.
8.4.2 The Applicant/Registrant is in violation of any of the terms and conditions in this Regulation.
8.4.3 An order is received from a Libyan court.
8.4.4 Deleted domain name will be put on hold for 3 (three) weeks before it becomes available for reuse to other applicants, unless necessity dictates deleting it permanently or putting it on hold for longer periods.
9 REGISTRATION FEES AND EXPIRATION DATE
9.1 For any new or registered domains there will be an annual registration and maintenance fee
9.2 If the payment is not received within 8 weeks of the expiry date, the domain name will be deleted.
9.3 Libyan NGOs and public educational institutions will be exempt of any registration or maintenance fees.
10 GOVERNING LAW
10.1 This Regulation shall be interpreted and construed under Libyan Law.
11 LANGUAGE
11.1 The Arabic language is the language of interpretation, correspondence and the construction of the Regulation or anything related to it. However, the parties may use the English language for correspondence. In case of conflict between the Arabic and the English versions the Arabic version shall prevail.
12 CONTACT INFORMATION

GPTC General Postal and Telecommunications Company
Alzawia Street, GPTC Tower, Tripoli, Libya
P.O. Box 886 Libyan Arab Jamahiriya

Tel: + 218 (21) 3350830
Fax: + 218 (21) 3350832
Email: domains@nic.ly
Web site: www.nic.ly

13 AMENDMENT
13.1 This Regulation and its terms and conditions herein are subject to change from time to time.
13.2 The revised terms will be submitted to the General Assembly of “Libyan Internet Society” for consideration and passing by consensus.
13.3 Once a decision is reached to implement and/or modify the proposed amendments by the General Assembly of the “Libyan Internet Society”, the amended regulations shall bind the Registrant after 30 days from the date such changes take effected.
13.4 The Registrant’s continued use of any domain name registered with GPTC shall constitute the Registrant’s acceptance of the revised and new terms and conditions.
13.5 If the Registrant does not agree to any of such changes, it may request that its domain name registration be cancelled. The Registrant acknowledges and agrees that such cancellation will be its exclusive remedy and GPTC’s sole liability if the Registrant do not wish to abide by any changes.
14 DISCLAIMER

THE APPLICANT/REGISTRANT AGREES THAT GPTC WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (A) LOSS OF REGISTRATION (B) INTERRUPTION OF BUSINESS, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO GPTC OR THE APPLICANT VIA INTERNET, (D) ERROR IN THE PROCESSING OF THE APPLICANT/REGISTRANT’s DOMAIN NAME APPLICATION OR THE APPLICANT/REGISTRANT’s REQUEST, (E) THE USE OF THE DOMAIN NAME, (F) EVENTS BEYOND GPTC’S REASONABLE CONTROL, OR (G) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION ADOPTED POLICIES.

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