:: Domain Name Registration Agreement
.SE Registration Agreement
In order that a party may hold a valid
.se
domain name registration, SupraLink, requires that all registrants
adhere to certain terms and conditions. As an organization or
individual applying to register, transfer or renew an .se domain
name via SupraLink you accordingly agree as follows:
GENERAL CONDITIONS FOR REGISTRATION OF DOMAIN NAMES
I. INTRODUCTION
NIC-SE Network Information Cente Sweden Aktiebolag (NIC-SE),
556542-8033, Box 5774, 114 87 Stockholm, applies these General
Conditions to application, registration and day-to-day
administration of domain names under the top domain .se, and
to deregistration of domain names. Section VI stipulates that domain
names may be deregistered.
Application for registration of domain names is made through one of
NIC-SE.s Registrars. The Registrar will assist with the drafting of
the application and will thereafter forward the application to
NIC-SE.
The application must be written in Swedish or English, and it must
be submitted on a form designed by NIC-SE or using an electronic
form equivalent to this form which has been approved by NIC-SE.
Applications are binding. When an application has been completed
correctly, the registrar will submit confirmation of the application
to the holder on behalf of NIC-SE. A contract shall be considered to
have been entered into when the holder receives this confirmation.
By submitting an application, the holder consents to NIC-SE
commencing the processing of the application during the cooling-off
period applicable to consumers in accordance with the Consumer
Protection Act (2000:274) in respect of long-distance agreements and
door-to-door selling agreements. The holder´s consent to NIC-SE
commencing the processing of the holder´s application during the
cooling-off period means that the right to cancel in accordance with
the Act specified in this paragraph will not apply.
NIC-SE will charge a fee of SEK 313 inc. VAT (SEK 250 exc. VAT), per
application. Adjustments of the fee will be notified on NIC-SE.sweb
site,
http://www.nic-se.se/english/domaner/avgifter.shtml
II. REGISTRATION OF DOMAIN NAMES
1. Application requirements
a) Application for registration under the top domain .se is open to
all natural and legal persons that wish to register a domain name.
b) NIC-SE applies a "first come, first served" principle when
allocating domain names, i.e. registration of domain names will be
effected in the order in which applications are received by NIC-SE.
Priority will not be given and domain names cannot be reserved.
2. Formulation of domain names
a) A classic Domain names under the top domain .se must only
consist of the letters a - z, the digits 0 - 9 and hyphens. They
must start and conclude with a letter or a digit, and must not
consist exclusively of digits and hyphens.
For technical reasons, it is not possible to register a classic
domain name which begins with two letters followed by two hyphens.
b) Internationalized domain names have to be recoded to ASCII
characters to make it possible to register these under the top
domain .se. An internationalized domain name recoded to ASCII
characters is what is known as an ACE-coded domain name.
c) Domain names must contain at least two characters, and must not
contain more than 63 characters.
d) Domain names cannot be registered if they are identical with
previously registered domain names under the same domain.
e) Domain names cannot be registered if they relate to sub-domains
of already registered domain names. Sub-domains of already
registered domain names will be managed by whoever has been
allocated the domain in question and not by NIC-SE. NIC-SE does
however manage certain main domains, see Appendix 1.
f) Certain domain names are reserved by NIC-SE and can therefore not
be registered. These domain names are listed on NIC-SE's web site,
http://www.nic-se.se/english/domaner/barred_domains.shtml
3. Main domains
The Holder can in addition to registration directly under .se
as an alternative register domain names under a main domain. Domain
names under the main domain must consist of at least two characters.
Since main domains as such fulfil an identification function, there
are special requirements for registration under each individual
category. The Holder can register domain names in main domains under
.se in accordance with what is set out in Appendix 1.
4. Registration
a) If the requirements stipulated in Section II above are fulfilled,
registration shall be effected in accordance with the application.
b) The Holder shall through the Registrar through whom the
application was made as soon as possible and not later than within
10 business days from NIC-SE.s receipt of the application receive
notification that registration has been effected or that there are
obstacles to registration under these General Conditions.
c) The Holder will by registration acquire exclusivity during the
agreement period as regards the registered classic domain name
and/or ACE-coded domain name under the top domain .se. Registered
domain names may however be deregistered on the conditions
stipulated in Section VI.
III. NIC-SE'S OBLIGATIONS
5. Registration and maintenance
NIC-SE undertakes after approval of an application to register the
domain name under the top domain .se and to maintain the register of
domain names, all in accordance with the terms and conditions set
out in these General Conditions.
6. Assignment and deregistration
NIC-SE undertakes at the Holder's request to arrange assignment and
deregistration of the Holder's domain name.
7. Redelegation
NIC-SE undertakes to carry out Redelegation of domain names in
accordance with the applicable redelegation routines, which are
available on NIC-SE.s web site,
http://www.nic-se.se/english/domaner/ompekning.shtml
IV. HOLDER'S OBLIGATIONS
8. Responsibility for information
The Holder is responsible for the accuracy and completeness of all
information provided in connection with the application. The Holder
is obliged continuously and promptly to notify NIC-SE of changes in
the information provided in connection with the application and of
change of e-mail address as referred to in Clause 12.
9. Consent of contact person
Where the Holder in the application for registration of a domain
name lists a contact person, the Holder shall be obliged first to
ensure that the person/persons have received information about and
given consent pursuant to the Personal Data Act (personuppgiftslagen
(1998:204)) to NIC-SE.s processing of his or her personal data (see
Section V for further information).
10. Checking selected domain names
NIC-SE will not check whether the domain name applied for
constitutes infringement of trademark or trade name rights or other
rights, or is otherwise in breach of laws, public regulations,
public order or likely to cause offence. The Holder is consequently
obliged to ensure that the selected domain name does not constitute
infringement of the rights of others, or is otherwise in breach of
laws, public regulations, public order or designed to cause offence.
Nor will NIC-SE verify that any ACE-coded domain name specified in
the application matches an internationalized domain name selected by
the holder.
11. Obligation to state e-mail address
The Holder shall state and maintain an e-mail address to which
NIC-SE at any time may give notices directly to the Holder. This
obligation applies also in instances where the Holder has named a
Contact Person.
12. Annual fee
The Holder shall pay an annual fee to NIC-SE for NIC-SE.s services
of SEK 313 inc. VAT (SEK 250 exc. VAT) to an account stated by
NIC-SE. Adjustments of the fee will be notified on NIC-SE.s web
site,
http://www.nic-se.se/english/domaner/avgifter.shtml.
The fee is payable annually in advance and shall be paid by the
Holder on or before the anniversary of registration.
The annual fees will not be reimbursed if these General Conditions
are terminated before expiry of the fee year.
13. Technical recommendations
The Holder is aware that NIC-SE issues technical recommendations
about how the domain name should be managed. These recommendations
are available on NIC-SE.s web site,
http://www.nic-se.se/english/teknik/tekniskarekommendationer.shtml.
V. PERSONAL DATA
14. Processing Personal data
By providing the required personal data when applying for
registration of a domain name, Holders who are natural persons or
sole trader enterprises consent to NIC-SE, or whoever NIC-SE may
have engaged, processing the Holder's personal data, including
personal identity numbers, as set out below.
Checking the personal data provided by the Holder.
Processing the Holder's personal data by publication in the
so-called Who-Is database which is accessible to the general public
via the Internet from NIC-SE.s web site,
http://www.nic-se.se/english/domaner/domansok.shtml
Processing the Holder's personal data in the customer registers that
NIC-SE, or whoever NIC-SE may have engaged, keeps for the purpose of
providing and maintaining the register of domain names under the top
domain .se.
Processing the Holder's personal data for internal use and
administration purposes.
The purpose of processing the Holder's personal data is to enable
NIC-SE to provide and run the register of domain names under the top
domain .se and to perform its obligations according to these
General Conditions.
The Holder is entitled to receive information about the personal
data about him/her that are processed by NIC-SE, and when necessary
to request correction of data. Such requests shall be addressed to
NIC-SE in writing.
VI. CESSATION OF REGISTRATION ETC.
15. Deregistration because of breach of obligation
NIC-SE shall be entitled to deregister a domain name in the
following circumstances:
1. If the Holder does not perform the obligations stipulated in
Clauses 8, 9 or 12.
2. If it is impossible to reach the Holder at the stated address, or
if the Holder does not have a functioning e-mail address as referred
to in Clause 11.
3. If the domain name is in manifest breach of Swedish law or other
public regulations.
NIC-SE shall in case of breach as referred to in the first paragraph
1 or 2 first send the Holder a notice requesting that the breach be
remedied. The notice to the Holder shall contain information about
the breach that is to be remedied. If the breach has not been
remedied within 14 days of dispatch of the notice, NIC-SE shall be
entitled to deactivate the domain name.
If a domain name is deactivated in accordance with the preceding
paragraph, the Holder shall have an opportunity to reactivate the
domain name by within 30 days of deactivation remedying the notified
breach and paying a fee of SEK 625 inc. VAT (SEK 500 exc. VAT).
NIC-SE shall, if this is not done, be entitled to deregister the
domain name. Notice that deregistration may be effected shall be
sent to the Holder in connection with the deactivation.
NIC-SE shall be entitled immediately to deactivate or deregister any
domain name that is in manifest breach or the usage thereof of
Swedish law or other public regulation.
16. Deregistration on account of judgment
Deregistration or transfer of a domain name may be effected at the
request of a person who submits a judgment where the time for appeal
has expired or a decision with legal effect in Sweden, that states
that deregistration or transfer shall take place. NIC-SE shall in
such cases immediately effect deregistration or transfer.
17. Deregistration or transfer after alternative dispute
resolution procedure
a) NIC-SE shall also be entitled to deregister or transfer a domain
name after a decision to that effect in an alternative dispute
resolution procedure. The procedural rules for "alternative dispute
resolution procedures concerning domain names under the top domain
.se" are available on
www.iis.se. A decisions after an alternative dispute resolution
procedure shall be put into effect by NIC-SE after 14 days of NIC-SE
being notified of the dispute resolution decision, unless the Holder
shows that he or she has within this period has brought an action in
the courts against the party that requested the dispute resolution
procedure concerning his or her right to the expression that
constitutes the domain name.
b) In any alternative dispute resolution procedure, the adjudicator
shall decide whether a domain name shall be deregistered or
transferred to the party requesting the dispute resolution
procedure.
If an alternative dispute resolution procedure has been instituted,
the domain name shall not be assigned or transferred to another
party in the period that the dispute resolution procedure is in
progress or before the decision following the dispute resolution
procedure becomes effective. If proceedings have been instituted in
a court of law concerning the right to a trademark or trade name
mark that constitutes a domain name, the domain name shall not be
assigned or transferred to another party in the period that the
court proceedings are in progress or before the time for appeal
against a subsequent judgment has expired, provided that NIC-SE has
been notified that such proceedings are pending.
c) Domain names may be deregistered or transferred to the party
requesting the dispute resolution procedure if the domain name is
identical with or may be mistaken for a trademark, trade name,
family name, artist name (unless the name relates to someone who
died a long time ago), or the title of another party's protected
literary or artistic work, which has legal basis in Sweden and to
which the party requesting dispute resolution can show a right, and
- the Holder does not have any right to or justified interest in
the domain name and
- the domain name has been registered or used in bad faith.
d) A Holder shall be deemed to have a right to or justified interest
in a domain name in particular if it is shown that
- use - or preparations for use - of the domain name has taken place
in connection with the marketing of goods or services before dispute
resolution was instituted,
- it is public knowledge that the domain relates to the Holder even
if he has not acquired any exclusive right to the expression that
constitutes the name or
- the domain name is not used for commercial purposes in order to
mislead consumers or to harm the reputation of a distinctive mark or
right.
e) A domain name shall be deemed registered or used in bad faith
in particular if it is shown that
- the registration or use arose for the purpose of selling or
assigning the domain name to the party requesting dispute resolution
or to a competitor of the party requesting dispute resolution,
- the domain name was registered for the purpose of preventing the
party requesting dispute resolution from using his or her
distinctive mark or rights in a domain name or
- the domain name was registered for the purpose of preventing the
party requesting dispute resolution from using his or her
distinctive mark or rights in a domain name or
18. Deregistration at the Holder's own request and assignment of
domain names
a) The Holder may in writing request deregistration of domain names
on a form provided by NIC-SE.
b) When notice of assignment of a domain name to another party is
given, the registered Holder's consent in writing must be submitted,
whereupon NIC-SE will transfer the domain name to the new Holder.
Consent and notice of assignment shall be given in writing on a form
provided by NIC-SE. If assignment cannot be effected in accordance
with the application, the original Holder shall remain.
VII. LIABILITY, AGREEMENT PERIOD ETC
19. NIC-SE's liability in damages
NIC-SE's liability in damages shall, unless there is intent or gross
negligence, be limited to direct loss up to a total amount of one
Price Base Amount. Price Base Amount shall mean price base amount
pursuant to the National Insurance Act ([lagen (1962:381) om allmän
försäkring).
NIC-SE shall in no case be obliged to pay compensation for loss of
profit, reduced turnover, other loss of production or other indirect
loss.
The Holder may claim in accordance with the above only if the Holder
has notified NIC-SE thereof not later than 90 days after the Holder
noticed or ought to have noticed the ground for the claim.
20. The Holder's liability
The Holder shall be liable without limitation as to time or amount
to indemnify NIC-SE in respect of all claims raised against NIC-SE
on account of Holder's breach of obligations under these General
Conditions.
21. Force Majeure etc.
If a party is prevented from performing his obligations under these
General Conditions because of a circumstance outside the party's
control, such as lightning, industrial dispute, fire, seizure,
regulations of authorities and faults or delays in services of
sub-contractors because of such circumstance as referred to herein,
this shall constitute ground for excuse that causes release from
damages and any other sanctions. If a party's obligations are
fundamentally prevented for a period exceeding one month because of
such circumstance as referred to above, either party may without
obligation to pay compensation withdraw from his/her obligations
under these General Conditions.
If technical circumstances so require, NIC-SE shall be entitled to
move all domain names under the top domain .se to a new main
domain. Such technical circumstances shall be deemed to arise if the
operational stability of the DNS system is threatened by the number
of domain names. Such circumstance shall be deemed to constitute
force majeure as referred to above and thus ground for release from
damages and any other sanctions.
22. Termination of the Agreement
These General Conditions shall terminate with immediate effect upon
deregistration as referred to in Section VI or if an application is
not granted.
23. Validity and amendment of General Conditions
These General Conditions are valid until further notice.
NIC-SE shall be entitled to amend the applicable terms and
conditions. Amendments of terms and conditions shall come into force
one month after publication of the amendment on NIC-SE's web site,
www.nic-se.se.
Amendments of conditions shall always be notified to the Holder by
e-mail in connection with publication. If the Holder has not stated
a functioning e-mail address, the Holder shall be responsible for
keeping informed of amendments of terms and conditions.
24. Notices between the parties
Notices under these General Conditions shall be given by post,
telefax or e-mail to such e-mail address(es) stated by the parties.
25. Disputes
Proceedings shall be instituted in the Stockholm District Court in
respect of any disputes arising from these General Conditions..
These General Conditions shall be subject to Swedish law.
GLOSSARY
The following concepts and expressions shall in these General
Conditions have the meanings set out below, unless otherwise stated:
The expression top domain shall mean ISO 3166-1 country code
top level domain .se.
The expression main domain shall mean a domain registered
directly under the top domain .se.
The expression sub-domain shall mean a domain under a main
domain, for example a trade mark that is registered under the main
domain .tm.se.
The expressions domain or domain name shall in these General
Conditions only mean the part (name) that is to the left of the top
or main domain, separated from this by a dot (e.g. NAME.se or
NAME.pp.se).
The expression classic domain name refers to domain names
which consist only of the letters a . z, digits 0 . 9 and hyphens
(ASCII characters). It is not necessary to recode a classic domain
name to allow it to be registered.
In these general terms and conditions, an internationalized
domain name is currently deemed to be a domain name which
includes the letters a . z, digits 0 . 9 and hyphens, as well as å,
ä, ö, ü and/or é. Only internationalized domain names recoded to
ASCII characters can be registered under the top domain .se.
ACE-coded domain name refers to an internationalized domain
name which has been recoded to ASCII characters by means of ACE
coding (ASCII Compatible Encoding).
When reference is made to NIC-SE, this refers to the
registry that registers domain names in Sweden.
Holder Holder shall mean the applicant for registration of a
domain name or the person who possesses a domain name and to whom
these General Conditions apply.
Deactivation shall mean that the redirection from a domain
name to a certain IP number is disconnected, so that access to the
domain no longer is possible. The registration of the domain name as
such is however not affected.
Redelegation shall mean replacement or amendment of existing
DNS data
Registrar shall mean an commercial enterprise that has
entered into and is still party to a registrar agreement with NIC-SE
and that is thereby entitled to submit applications for registration
of Domain Names to NIC-SE. A list of Registrars is available on
NIC-SE's web site,
http://www.nic-se.se/ombud/ombudslista.shtml
APPENDIX 1.1 to NIC-SE's General Conditions - Registration Main
Domains
In addition to registration directly under .se, the Holder may as an
alternative register a domain name in a main domain as set out
below:
1. county identification letter.se *
Enterprises may be registered under the county-related main domain
(corresponding to the county identification letter) where the
applicant has his domicile. It is a requirement for registration
that the applicant is an enterprise with a corporation tax
certificate [F-skattesedel]. See
http://www.nic-se.se/english/domaner/countyletters.shtml for a
list of county identification letters.
2 .org.se
Non-profit associations [ideella föreningar] may be registered under
the main domain .org.se or under the county-related main domain
where the association has its domicile. .
3. pp.se
Private individuals may register under the main domain .pp.se. It is
a requirement for registration under .pp.se that the applicant is a
natural person and has a Swedish personal identity number or a
Swedish co-ordination number.
4. tm.se
Trade marks may be registered under the main domain tm.se. If
certain of the letters or digits forming part of the trade mark are
covered by an express disclaimer, those parts must also be included
in the domain name.
For it to be possible to register a trade mark as a domain name, the
trade mark must be protected in accordance with one of the following
three alternatives:
a) National distinctive mark for goods or services that is
registered with the Swedish Patent and Registration Office [Patent-
och registreringsverket] (PRV) and where the time for appeal against
the registration has expired,
b) International distinctive mark, protected under the so-called
Madrid Protocol and registered after designation and where the
registration has acquired legal effect in Sweden, or
c) Distinctive mark that by means of registration as a European
Community trade mark ("EC Mark") with the OHIM registration
authority at Alicante, Spain, has legal effect in Sweden.
Only the entire verbal trade mark, as shown on the registration
certificate, will be registered as a domain name under the main
domain .tm.se.
5. parti.se
Political parties may be registered under the main domain .parti.se.
It is a requirement for registration under .parti.se that the party
is registered in the National Swedish Tax Board's "Register of
Registered Party Names" ["Register över registrerade
partibeteckningar"].
6. press.se
Periodical publications (magazines) may be registered under the main
domain .press.se. It is a requirement for registration under
.press.se that the Swedish Patent and Registration Office [Patent-
och registreringsverket] (PRV) has issued a certificate of
publication [utgivningsbevis].
* We have chosen to translate "länsbokstav" but not the other main
domain names in this Appendix, since "länsbokstav" presumable is not
the actual domain name, whereas the others are.
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