Domain Name Charter under .lu

The Domain name charter contains the guiding principles which are applied by RESTENA DNS-LU during the registration of the domain names. RESTENA DNS-LU has added a praamble in order to clarify certain points of the Charter. Present document has been adapted to reflect the most recent modification of the Charter applicable since January 1st 2011.

- Preamble of Domain Name Charter
- Domain name Charter

 

- Preamble of Domain Name Charter
RESTENA Foundation assumes the authority of first level .lu registration, which was allotted to them by the internet Assigned Numbers Authority (IANA) in March 1992. Foundation RESTENA proceeds to the administrative registration of the domain names under .lu and ensures the technical management of its operations.

The Domain Name Charter contains the guiding principles which are applied by RESTENA Foundation during the registration of the domain names. It has been set up on the experience gained by the RESTENA Foundation in this field. Its application is inspired of general principles which emerged in a international context and which have been adopted by a vast majority of registries in the world, and more particularly in the other European countries.

The Domain Name Charter is the result of a close collaboration between RESTENA Foundation and the private actors and public representatives of the internet community, and in particular of a working group set up by the government on March 16th 2001.

The members of this working group thus approved the principle according to which RESTENA Foundation does not carry out any verification as for the right to the registration of a domain name. It belongs to any person who considers that a domain name was registered in an abusive or illicit way, or any of his rights have been infringed by such a registration, to act against the holder of the name. It is necessary to insist on the distinction of the relations between the holder of a domain name and RESTENA Foundation on one side, as well as the relations between the holder and a third person calling upon the rights on the use of a name recorded as domain name. Thus RESTENA Foundation does not intervene in the event of litigation between the holder of a domain name and a third person.

The members of the working group estimated that it was important to recall to any person filing a request for registration of a domain name under .lu that their request has to comply with the Luxembourg legislation. It belongs to any person filing a request for registration of a domain name to carry out the preliminary checks to ensure itself of the legitimacy of its right to the use of a name, when this right is invoked for the registration of a domain name.

The Domain Name Charter is integral part of the contract which the holder subscribes of a domain name with RESTENA Foundation. The general conditions, which constitute the implementation of the principles retained in the Domain Name Charter, govern in a detailed way the administrative procedures of registration of a domain name. The rights and the obligations of the parties related to the contract of registration of a domain name .lu are thus clearly established by the provisions of the Domain Name Charter and the general conditions published on the internet site www.dns.lu.

The Domain Name Charter takes effect at the day indicated under point 7 of the Charter as published on the Website of service DNS-LU of RESTENA Foundation. A request for registration is subjected to the provisions of the Domain Name Charter as well as the general conditions which are in force the day of its introduction. Any retroactive effect is excluded. One can not consequently refer to the new provisions of the Domain Name Charter and the general conditions to ask for the attribution of a domain name for which the request had been rejected under the old provisions.

Document last modified: February 2010
© 2010 RESTENA Foundation

 

- Domain name Charter
1.    General Principles
1.1. All applications for new domain names are processed in chronological order of receipt by RESTENA Foundation and the domain names are allocated according to the principle "first-come, first-served".

1.2. RESTENA Foundation does not accept any responsibility for the use of any domain name on the register of .lu domain names. Acceptance of an application and registration of a domain name constitutes no endorsement by RESTENA Foundation that the applicant has a right to use the domain name in question, e.g. with regard to names of natural persons, legal entities, trade names, trademarks, etc. RESTENA Foundation is expressly exempted from any and all responsibility for the verification of rights to a name and does not check if a domain name may violate any third party's rights to that name.

1.3. Entities registering domain names are fully responsible for their right to said name. They have proceeded to every required verification concerning potential conflicts with notably trade marks, names of legal entities, etc. and hence certify to RESTENA Foundation that neither the registration of the domain name nor the manner in which the domain name is directly or indirectly used infringes the legal rights of a third party. Submission of a domain registration constitutes warranty to RESTENA Foundation that the entity has rights to use the submitted name. The applicant indemnifies the registry against any claim that the registration of the domain name or the manner in which the domain name is directly or indirectly used infringes the legal rights of any third party and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim.

1.4. RESTENA Foundation acknowledges that international guidelines have been or are currently published by international organization like for instance ICANN or CENTR (RFC 1591, Best Practice Guidelines, etc.) and retains the right to refer to these guidelines when defining its registration policy for second level domain names under .lu.

2.    Holder of the domain name
2.1. Domain names may be registered by legal entities and natural persons.

2.2. Any entity may become the holder of a domain name .lu, independent of its place of establishment.

2.3. With regard to the registry, the administrative contact appointed during the registration process is responsible for a domain name and is therefore required to be an authorized agent of the entity which is to become the holder of the domain name.

3.    Rules for domain names
Domain names must have a minimum length of 3 and up to 63 alphanumeric characters per name (a … z, 0 … 9). Only the hyphen (-) is allowed as special character. The hyphen cannot be used as first or last character. The minimum length of an IDN is determined by the number of non-ASCII characters. The maximum length of an IDN, however, is determined by the ACE-String for the domain name. The only non-ASCII characters accepted are those used in Luxembourgish, German and French languages. These characters are defined on the “List of non-ASCII characters of domain names under .lu”. As domain names are case insensitive, only lower case characters should be used.

4.    Reasons for rejecting domain name applications
RESTENA Foundation does not in principle proceed to any "a priori" verification of an application for a domain name.
Domain name applications which belong to one of the following categories are however rejected:
(a) domain names which are identical to an already registered domain name;
(b) domain names with a hyphen (-) on third and fourth position, except in case of IDN ACE-Strings;
(c) domain names clearly contrary to public order or offending common decency.

5.    Types of registered domains
Second level domain names under the top level domain .lu may be registered for active usage (domain delegation) or for inactive usage (reserved domain name).

6.    Applicable Charter
A request for registration is subject to the provisions of the Domain name charter in force the day the application is submitted. Any retroactive effect is excluded. One cannot refer to the new provisions of the Domain name charter to ask for the retroactive allocation of a domain name for which the request had been rejected under the old provisions.

7.    Coming into force date
The present version of the Domain name charter is coming into force as of January 1st 2011.

Document last modified: January 2011
© 2011 RESTENA Foundation

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