China Internet Domain Name Regulations

0 CommentsPrint E-mail, January 21, 2010
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Chapter III Domain Name Registration

Article 23 The Domain Name Registry shall formulate the detailed implementation rules in accordance with the regulations and shall come into force after being reported to MII for record.

Article 24 The domain name registration follows the principle of "first come, first served".

Article 25 In order to maintain the interests of the nation and the civil society, the Domain Name Registry may take necessary measures to protect certain words, and put it on record to MII before implementation.

Except for the articles provided in preceding paragraphs, the Domain Name Registry and Domain Name Registrars shall not reserve domain names or do so in disguised form. During the process of domain name registration, the registry and registrars shall not represent any actual or potential domain name holder.

Article 26 The Domain Name Registry and Domain Name Registrars shall publish the contents, durations and fees of domain name registration service, provide WHOIS search service for the domain name registration information, ensure the quality of the domain name registration service and shall be responsible for providing domain name registration information to MII.

Without customer's permission, any Domain Name Registry and Domain Name Registrar may not put the registration information into other use except for those in the preceding paragraph. However, such limitation is void when the national laws and administrative dominate.

Article 27 Any of the following contents shall not be included in any domain name registered and used by any organization or individual:

1) Those that are against the basic principles prescribed in the Constitution;

2) Those jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity;

3) Those harm national honor and national interests;

4) Those instigate hostility or discrimination between different nationalities, or disrupt the national solidarity;

5) Those violate the state religion policies or propagate cult and feudal superstition;

6) Those spread rumors, disturb public order or disrupt social stability;

7) Those spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes;

8) Those insult, libel against others and infringe other people's legal rights and interests; or

9) Other contents prohibited in laws, rules and administrative regulations.

Article 28 The domain name applicant shall submit the information of the proposed domain name in the manner of true, accurate and complete, and shall sign the registrant agreement with the Domain Name Registrar.

The domain name applicant will become the domain name holder after finishing the registration process.

Article 29 The domain name holder shall comply with the laws, rules and administrative regulations of the state concerning the Internet.

In case any violation of legal rights and interests are caused by registering or using certain domain name, the domain name holder shall take the responsibility.

Article 30 The operation fee for registered domain names shall be paid on schedule by the registrant. The Domain Name Registry shall formulate the specific measures for the fee collection and submit to MII for putting on records.

Article 31 In case the registration information of a domain name changes, the holder of the domain name shall apply for changing the registration information corresponding Domain Name Registrar within 30 days after the change.

Article 32 A domain name holder may select or change the Domain Name Registrar. If the domain name holder changes the Domain Name Registrar, the former registrar shall bear the obligation of transferring the registration information of the domain name holder.

Any Domain Name Registrar shall not deter any domain name holder from changing the Domain Name Registrar without proper reason.

Article 33 Domain Name Registry shall set up hotlines for accepting customers' complaint, or take other necessary measures to timely handle customers' suggestions toward the registry; for problems that are hard to be solved instantly, the registry must explain the reason to the customer and limit a time frame for the processing.

If a complainer does not see any result or he/she is unsatisfied with the result, or the complainer is unsatisfied with the service provided by the Domain Name Registry, the complainer or the Domain Name Registry may appeal to MII.

Article 34 If a registered domain name involves any of the following requirements, the original Domain Name Registrar shall delete it and notify the domain name holder in written form:

1) In case the domain name holder or his/her deputy applies for the cancellation of the domain name;

2) In case the registration information submitted by the domain name holder is unauthentic, inaccurate or incomplete;

3) In case the domain name holder fails to pay the corresponding fees in accordance with the provisions;

4) In case the domain name shall be written off in accordance with the judgment by the people's court, arbitration institution or the domain name dispute resolution institution; or

5) In case the domain name is in violation of the provisions and the relevant laws and regulations.

Article 35

Domain Name Registry and Domain Name Registrars have the obligation of conducting website inspection in concert with the national governing departments, and request to suspend or cease the resolution service of the domain name concerned.

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