中国互联网络域名管理办法 Administration of China Internet Domain Names Procedures
2009-03-24 法律英语 来源:互联网 作者: ℃Where approval is granted, an approval opinion shall be issued. Where approval is not granted, the applicant shall be notified in writing, and the reasons therefor shall be stated.
Article 18 Domain name registration administrators shall comply with the relevant State laws, administrative regulations and rules on their own initiative, ensure the secure and reliable operation of the domain name system, and fairly and reasonably provide secure and convenient domain name services to domain name registration service providers.
Domain name registration administrators may not without proper reasons terminate the domain name registration services for domain name registration service providers without authorization.
Article 19 Domain name registration service providers shall comply with the relevant State laws, administrative regulations and rules on their own initiative, and fairly and reasonably provide domain name registration services to the clients.
Domain name registration service providers may not request clients to register domain names by using improper means such as fraud or coercion.
Article 20 If there are changes to such registered information as the name, address or legal representative of the domain name registration service provider, or if there are changes to the relationship or a termination of the relationship between the domain name registration service provider and the domain name registration administrator, the domain name registration service provider shall report to the Ministry of Information Industry for record filing within 30 days of the change or termination.
Article 21 Domain name registration administrators shall have the necessary network and communication emergency equipment, fo
rmulate network and communication safeguard emergency plans that are feasible and effective, and improve the network and information security emergency system.
Due to needs of State security and handling of emergencies, domain name registration administrators and domain name registration service providers shall obey the central commands and coordination of the Ministry of Information Industry, and abide by and execute the administration requirements of the Ministry of Information Industry.
Article 22 The Ministry of Information Industry shall strengthen the supervision and inspection of domain name registration administrators and domain name registration service providers, and rectify illegal acts discovered in the course of supervision and inspection.
PART THREE REGISTRATION OF DOMAIN NAMES
Article 23 Domain name registration administrators shall formulate corresponding implementing rules for the registration of domain names in accordance with these Procedures, and shall implement the same after submitting them to the Ministry of Information Industry for record filing.
Article 24 Registration of domain names shall follow the principle of “first come, first served”。
Article 25 In order to protect State and public interests, domain name registration administrators may provide necessary protection for certain pre-reserved characters, and implement the same after submitting them to the Ministry of Information Industry for record filing.
Except in the case of the preceding paragraph, domain name registration administrators and domain name registration service providers shall not pre-reserve domain names or do so in a disguised form. Domain name registration administrators and domain name registration service providers shall not in the course of providing domain name registration services represent any real or potential domain name holder.
Article 26 Domain name registration administrators and domain name registration service providers shall make public the particulars, timing and cost of their domain name registration services, provide public inquiry service on domain name registration, guarantee the quality of their domain name registration services, and shall have the obligation to provide domain name registration information to the Ministry of Information Industry.
Without the approval of clients, domain name registration administrators and domain name registration service providers may not use the domain name registration information for purposes other than those stipulated in the preceding paragraph, unless stipulated otherwise in State laws and administrative regulations.
Article 27 No organization or individual may register or use domain names containing elements that:
1. oppose the fundamental principles determined in the Constitution;
2. compromise State security, divulge State secrets, subvert State power or damage national unity;
3. harm the dignity or interests of the State;
4. incite ethnic hatred or racial discrimination or damage inter-ethnic unity;
5. sabotage State religious policy or propagate heretical teachings or feudal superstitions;
6. disseminate rumours, disturb social order or disrupt social stability;
7. propagate obscenity, pornography, gambling, violence, murder or fear or incite the commission of crimes;
8. insult or libel a third party or infringe upon the lawful rights and interests of a third party; or
9. include other content prohibited by laws or administrative regulations.
Article 28 Domain name registration applicants shall submit true, accurate and complete domain name registration information and sign a client registration agreement with the domain name registration service provider.
Once a domain name has been registered, the domain name registration applicant shall become the holder o
f that domain name.
Article 29 Domain name holders shall abide by the relevant State laws, administrative regulations and rules on the internet, and shall bear the liability for infringement on lawful rights and interests of other parties due to holding or using the domain name.
Article 30 Domain name operation fees shall be paid for registered domain names on time. Domain name registration administrators shall formulate specific methods for payment of operation fees and shall report the same to the Ministry of Information Industry for record filing.
Article 31 If there are changes to the information provided to register a domain name, the domain name holder shall apply to the domain name registration service provider for amendment of the registration information within 30 days of the change.
Article 32 Domain name holders may select and change their own domain name registration service provider. When a domain name holder changes its domain name registration service provider, the original service provider shall be obliged to transfer the registration information.
Without proper reason, a domain name registration service provider may not obstruct domain name holders from changing domain name registration service provider.
Article 33 Domain name registration administrators shall set up client complaint hotlines or adopt other necessary measures to handle opinions on domain name registration service providers given by clients in a timely manner. Where it is difficult to handle the complaint in a timely manner, the reasons therefor and the relevant time limit for handling must be stated to the clients.
Where a client or domain name registration service provider is dissatisfied with the lack of handling results or the handling results for the complaint to the domain name registration administrator, or with the services of the domain name registration administrator, it may submit a complaint to the Ministry of Information Industry.
Article 34 When any of the following circumstances apply to a registered domain name, the original domain name registration service provider shall revoke registration and notify the domain name holder in writing:
1. the domain name holder or its agent applies to cancel the domain name;
2. the domain name registration information provided by the domain name holder is false, inaccurate or incomplete;
3. the domain name holder fails to pay the relevant fees in accordance with the provisions;
4. the registration should be revoked in accordance with the decision of a people's court, an arbitration institution, or a domain name dispute resolution institution; or
5. there is a violation of the provisions of relevant laws, administrative regulations or these Procedures.
Article 35 Domain name registration administrators and domain name registration service providers have the obligation to coordinate with the inspection of websites by the State departments in charge, and shall suspend or terminate the relevant domain name analysis services as required if necessary.
PART FOUR DISPUTES OVER DOMAIN NAMES
Article 36 Domain name registration administrators may designate a neutral domain name dispute resolution institution to resolve disputes over domain names.
Article 37 If anyone files a complaint to a domain name dispute resolution institution over a domain name already registered or in use and the complaint fits the criteria for resolution of a dispute over a domain name, the doma
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