|
PKNIC - Internet Domain Registration Policy
The applicant who wants to register a domain name under .PK must read and
agree to the PKNIC policy, stated below.
- The registration of a domain name is a listing service. The
listing service of names within the .PK delegated name space is
undertaken on a First Come - First Served basis (except in cases where it
infringes upon a registered tradename), moderated by the .PK domain's
administration policies as determined by the delegated authority (PKNIC).
The registration function does not trade in, or license in any way any
entity (including the listing requesting entity) to trade in the requested
name.
- If a party claims that a domain name already registered with PKNIC
violates their registered tradename, or an obvious derivation of their
registered company name, PKNIC reserves the right to cancel, or transfer the
domain to the claiming party as per the ICANN's Uniform Domain Name Dispute
Resolution Policy (with PKNIC amendments) or as per the orders of a court
judgment in Pakistan.
- Dispute Resolution: PKNIC has adopted, with amendments, the Uniform
Domain Name Dispute Resolution Policy (UDRP), established and adopted by the
Internet Corporation for Assigned Names and Numbers on October 24, 1999.
PKNIC's amendment take precedent if there is a conflict between the ICANN
UDRP policy and PKNIC's amendments to it. Additional details are available
at the following URLs:
- Effective from May 15, 2001, there will be no requirement for any
local presence and no Admin contact needs to be present in Pakistan
- Any claim to trade name or copyright under .PK domain name is considered
valid ONLY if it is registered with an official trade-name/copyright/patent
office in Pakistan, or is recognized by a court of law in Pakistan.
- Acceptance of the listing entry by the delegated authority confers no
rights to the applicant regarding the legitimacy or otherwise of the
association of the name with the applicant, nor does it confer to the
applicant any other rights associated with ownership of the name, or any
rights to its use.
- No adjudication is made within the registration function as to whether
the applicant has a legitimate right to a name. The applicant in lodging the
request for a name informs the delegated authority that they are asserting a
claimed right to a name.
- The domain registrant for .edu.pk domain extensions must be a bona fide
educational institute, with sizeable active student enrollment.
- Domain names may be removed from the registration function's records
upon receipt of written advice indicating that the list entry should be
removed from the registry, on condition that the original applicant (or
corporate entity) submits the advice to the delegated authority.
- All registration information will be considered as information within
the public domain, and will be accessible using the Internet as the
publication vehicle. No provision is made concerning acceptance of
information under any imposed condition of confidentiality or
non-disclosure.
- Effective from May 15, 2001, there will no restriction for the domain
name to match the company or its trademarks.
- Effective from May 15, 2001, there will no restriction for generic
names, and these can be registered under any .pk name.
- The party requesting registration of this name certifies that, to
her/his knowledge, the use of this name does not violate trademark or other
statues.
- Registering a domain name does not confer any legal rights to that name
and any disputes between parties over the rights to use a particular name
are to be settled between the contending parties using normal legal methods
and the "Dispute Resolution" method described above.
- Certain words that are deemed derogatory, or offensive will be not be
permitted in a domain name. The list of these words is provided by PKNIC
Advisory Group members, and may be amended from time to time by PKNIC, based
on the recommendations of the Advisory Group members.
- Any domain name whose commonly understood usage results in an obvious
attempt at significantly conveying hate, or derogatory material against any
religion, person, living or dead, city or a sovereign entity, or a public
office, title or any branch of Government of Pakistan, will be subject to
de-activation and deletion. Any such action about a domain name shall be
taken by PKNIC on the recommendation of its Advisory Group members, provided
that the name of the targeted person, entity, or religion etc is a part of
the domain name. If the name of the domain is not questionable in this way,
PKNIC shall not examine or take into account the contents of any web site
associated with a domain name.
- If a domain name unambiguously matches the name of a famous person of
Pakistan, whereas that person has been mentioned in the news media for no
less than ten instances (referred to as "Famouse Person" here), such domain
name will require a "No Objection" clearance from the Famous Person, when
PKNIC is notified of the existence such a domain name, by any interested
party.
- A recurring maintenance fee of Rs 1000 per year is charged for each
domain name registered with PKNIC. This fee is collected in advance every
two years and covers unlimited domain modification requests.
- The domains under .GOV.PK may be exempted from the maintenance fee
charges.
- The maintenance fee is non-refundable even if the domain name is asked
to be deleted by the applicant.
- PKNIC has neither the resources nor the 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 and material inducement of the grant of an applicant's
("Applicant") request to register a Domain Name, Applicant represents,
agrees and warrants as follows:
- Applicant's statements in the application are true and Applicant has
the right to use the Domain Name as requested in the Application;
- Applicant has a bona fide intention to use the Domain Name on a
regular basis on the Internet;
- The use or registration of the Domain Name by Applicant does not
interfere with or infringe the right of any third party in any
jurisdiction in Pakistan, with respect to trademark, service mark,
tradename, company name or any other intellectual property right;
- Applicant is not seeking to use the Domain Name for any unlawful
purpose, including, without limitation, tortuous interference with
contract or prospective business advantage, unfair competition, injuring
the reputation of another, or for the purpose of confusing or misleading
a person, whether natural or incorporated.
- PKNIC WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS,
OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS). REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PKNIC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PKNIC Amendments to ICANN UDRP
PKNIC has adopted, with amendments, the Uniform Domain Name Dispute
Resolution Policy (UDRP), established and adopted by the Internet
Corporation for Assigned Names and Numbers on October 24, 1999. PKNIC's
amendments take precedent if there is a conflict between the ICANN UDRP
policy and PKNIC's amendments to it.
Amendments to UDRP
- Local Dispute Providers in Pakistan may be used in lieu of the
providers listed by ICANN, if such Dispute Providers are approved by
PKNIC.
Details about UDRP are available at the following URLs:
|
