VII RIGHTS AND RESPONSIBILITIES OF DOMAIN USERS AND THIRD INTERESTED PARTIES REGARDING DOMAIN USE

General Rights and Responsibilities of the Domain Users

Article 49

As soon as the decision on the domain registration is issued, the domain user has the right to use it, including both the right and the responsibility to organise and manage the domain space below the granted domain. The domain user must use the domain only for the purpose stated in the domain registration. The domain user is to use the domain in the usual way, which means as usual within the world Internet community.

Article 50

The domain user must inform the HR-DNS service about any change of data about him/herself, and the use of the domain, within the time and in such a way as determined by the HR-DNS service.

Article 51

The relation between the domain user and the HR-DNS service, as HR domain administrator service, should be bona fide and constructive, which means in accordance with the relation between the domain user and administrator of the hierarchically superior domain which is usual for the Internet community. The domain user must comply with and implement the technical recommendations made by the HR-DNS service. The domain user, as well as the trustee, must co-operate with the CARNet DNS service, i.e. persons authorised by the HR-DNS service, regarding questions in relation to topics and activities that are based on the computers in the user s domain space. This co-operation means also taking measures to restricting or preventing activities that are considered domain misuse and cause damage to the domain users, i.e. all the users of the HR-domain.

Article 52

Official contacts between the domain users and the HR-DNS service, especially regarding administrative issues and questions of rights and responsibilities for using the domain are handled through the addresses defined by the domain user in the administrative data stated in the domain registration or in a subsequent change of these data, and the HR-DNS service will prefer electronic communication. The HR-DNS service will automatically send information in electronic form to the trustee, if nominated, and if his/her e-mail address is known.

Article 53

In his/her counselling activities towards the domain user, as well as in the practical activities related to the functioning of the domain, the user s trustee, if nominated, must comply with the provisions stated in these Regulations, implement them in a way most suitable to the domain user, and act as if s/he alone would be responsible for all the consequences resulting from these activities.

Article 54

The domain user is responsible for any domain misuse. Domain misuse includes any registration and use of the domain which is not in compliance with the purpose of the domain and the provisions of these Regulations. The domain user (or domain registration applicant) is fully responsible for any violation of intellectual property (i.e. copyright and industrial property, particularly trademarks, i.e. protected verbal signs, according to the Trademark Act (Official Gazette NN 78/99) and the Trademark Regulations (Official Gazette 146/99)), as well as for any damage caused by such violation, which results from starting the domain registration procedure, registration or use of the domain. CARNet, as HR domain administrator, does not and cannot accept any responsibility for the above mentioned. In the case of dispute between the domain user (or the applicant) and a third party, caused by domain misuse described in Items 1 and 2 of this Article, CARNet, as HR domain administrator, is not responsible towards the parties in dispute, but rather instructs them to settle the dispute according to the provisions of Article 72 of these Regulations

Article 55

The domain user must not let other subjects use his/her domain (except under the conditions from Article 48 of these Regulations), renounce his/her domain in favour of other subjects, or undertake any activities related to the domain status, if the goal is to gain financial, material or other benefits from the other subject, interested in using the domain. The domain user must not register the domain and use it so as to inflict financial, material, market, intellectual or any other damage on the third parties. The domain user must not found other legal entities with exclusive aim of gaining rights to use additional domains contrary to the provisions of these Regulations. If the HR-DNS service determines that the domain user has handled contrary to the provisions of the Items 1, 2 and 3 of this Article, the service can make the decision by which that user is not permitted to register new domains over a subsequent period of 3 years, and the registration of the given domains is revoked. The decision-making procedure mentioned in the previous Item is defined in more detail by the document Procedure of Registering and Deleting Subdomains within the HR Domain. Special Responsibilities of the HR-V and HR-I Domain Users

Article 56

The HR-V domain user can use the domain exclusively for special purposes, for which the domain has been registered. The presentation or the users activities, i.e. virtual identity of the user, its officials, employees or co-workers cannot be implemented through the HR-V domain, but through the basic (HR-P) domain, which the user can register for the mentioned purposes.

Article 57

The HR-I domain user can use the domain exclusively for special purposes, for which the domain has been registered. The presentation or the users activities, i.e. virtual identity of the user, its officials, employees or co-workers, or virtual identity or market demand for its products cannot be realised through the HR-I domain, but through the basic (HR-P or HR-F) domain or HR-T domain, which the user can register for the mentioned purposes.

Article 58

The HR-I domain user must activate the domain within 30 days from the registration day and must start to publish information in the respective field stated in the domain registration. The HR-I domain user must permanently maintain the quality and update information published by means of the domain.

Article 59

The HR-I domain user must request domain re-registration no later than 60 days before the two year period from the day of the previous domain registration day. The domain re-registration proceeds according to the special provisions on the HR-I domain registration procedure from Articles 45 and 46 of these Regulations. The domain re-registration, lacking the recommendation by the authorised government body from Article 45, Item 2, can be carried out maximally twice. In case of receiving a second application in the re-registration procedure, as opposed to Article 46, Item 3, the HR-DNS service will, regardless of the type of the second application, instruct the applicants to settle their dispute by agreement or by arbitration, according to the provisions of Article 72 of these Regulations. Until agreement has been reached or decision by arbitration made, the HR-I domain user will be allowed to continue to use the domain.

Article 60

In case of HR-I domain the type of domain can be changed into HR-P or HR-V domain, if the HR-DNS service receives an agreement between the actual user of that HR-I domain and the qualified applicant for HR-P, i.e. HR-V domain. Revocation of the Domain Registration

Article 61

Registration of the domain may be revoked, and the domain deleted from the Register, provided one of the following conditions is met:

(a) the domain user has requested in writing that the domain registration be revoked and the domain deleted from the Register;

(b) the domain user has not within 60 days from the day the decision was sent to the official address of the user, met the requirements set by the HR-DNS service, listed in the decision on urgent deactivating of the domain;

(c) the HR-DNS service determined on the basis of valid documentation that more than three years have passed since the legal entity, who was the domain user, has ceased to exist, or the natural person, who was the domain user, has died, during which no valid request has been submitted claiming rights on the domain or right to inherit the domain;

(d) the domain user has not responded to the repeated written request by the HR-DNS service within a period longer than 60 days from the day the inquiry has been sent to the official user s address;

(e) the domain user has openly violated the Regulations, from Article 55. The domains for which the registration has been revoked are automatically deactivated using emergency procedure, if the domain had not been deactivated before the registration was revoked.

Regardless of domain revocation, the Register holds permanently the entry about the owner and the time period of domain registration. The registration revocation and the domain deleting procedure is defined in more detail by the document Procedure on Registering and Deleting Subdomains within the HR Domain. Activating and Deactivating Domains

Article 62

The domain user or his/her trustee have the right to request activation of the registered domain, thus making the domain accessible on the Internet. The request for activating the domain means that the domain user is ready to meet the minimum technical conditions set by the HR-DNS service and to take over the responsibilities and co-operation with the CARNet DNS service regarding issues related to the activities that are based on computers using the names of the domain user s domain space. The domain activating procedure is defined in more detail by the document Procedure of Activating and Deactivating of Registered Subdomains within HR Domain.

Article 63

A domain may be deactivated using a regular or an emergency procedure.

Article 64

The domain may be deactivated using a regular procedure provided one of the following conditions is met:

(a) the date has come, for which the domain user has requested the DNS service in the written form of a Statement to deactivate the domain;

(b) the domain user is using the domain for purposes different from those defined by these Regulations for certain types of domains. The decision on deactivation using a regular procedure in case of (b) of the previous Item is to be delivered to the domain user at least 10 working days in advance.

Article 65

A domain may be deactivated using emergency procedure provided one of the following conditions is met:

(a) the user provided incorrect or non-credible data and documentation during registration procedure;

(b) the user did not provide information about the change of obligatory data about him/herself or the domain use;

(c) the domain user does not carry out his/her duties and responsibilities, defined by these Regulations;

(d) the domain user cannot satisfy the minimum technical requirements related to the functioning of the domain, leading to the problem of DNS system functioning of the HR domain;

(e) the domain user does not accept responsibility or does not co-operate with the CARNet DNS service, i.e. persons or services delegated by the HR-DNS service, regarding issues related to the activities based on the computers, which use the names from the domain user s domain space;

(f) the domain user is misusing the domain, using it contrary to the purpose for which it was registered;

(g) the domain user is misusing the domain, by (not)using it, and thus violating the intellectual property, especially the copyright, and trademarks, i.e. protected verbal signs registered or acknowledged by the State Bureau for Intellectual Property;

(h) the domain user fails to settle the accounts according to these Regulations and the Decision on Charging the HR-DNS Services.

The Decision on deactivating the domain using emergency procedure is to be delivered to the domain user at least 24 hours in advance.

Article 66

The domain deactivating procedure is defined in more detail by the document Procedure of Activating and Deactivating of Registered Subdomains within HR Domain. Change of Name, Acquiring Rights for a Domain, Inheritance, and Transfer of Domain

Article 67

The domain user may request the change of domain name. The procedure for delegating a domain of a new name is the same as the procedure for domain registration. The procedure regarding domain name change is defined in more detail by the document Procedure of Registering and Deleting Subdomains within HR Domain.

Article 68

If the legal entity the domain user has ceased to exist, the legal successors of the legal entity may claim the rights to the domain, as well as domain inheritance, i.e. re-registration of the existing domain in their favour and their entry in the Register as the domain user. A valid document stating the legal inheritance of the legal entity has to be enclosed with the Request. The mentioned document must unambiguously state the right to inherit the rights on the domain and to inherit the domain as a non-dividable resource. If the natural person the domain user has died, the person s inheritors may request to inherit the domain, i.e. re-registration of the existing domain in their favour and their entry into the Register as the domain owner. A valid and executory document about the inheritance of the natural person has to be enclosed with the Request. The mentioned document must unambiguously state the right to inherit the domain as a non-dividable resource. The procedure of claiming the rights to the domain and domain inheritance are defined in more detail by the document Procedure of Registering and Deleting Subdomains within HR Domain.

Article 69

The domain user may renounce his/her rights to use the domain in favour of another applicant, if this other applicant meets the conditions required for registration of that domain according to the provisions of these Regulations and according to the regular procedure of domain registration, which will be carried out for him/her. Renouncing the rights to use the domain in favour of another subject is done by submitting a Request to change the domain user, co-signed by the actual and the future domain user.

Renouncing of rights to use the domain is final and irrevocable.

The procedure regarding domain user change is defined in more detail by the document Procedure of Registering and Deleting Subdomains within HR Domain.