1.
The present clauses and conditions will be applied to any request
of registry of an
Internet domain name to NIC-PANAMÁ and
subsequent registry and use of the domain name.
2.
When completing and presenting a request of domain name for consideration
and
admission by the registering entity (registrar), the applicant
and/or the registrant recognize that he has read and accepts the
policies and procedures established by NIC-PANAMÁ.
3.
The registrant accepts that even though an agent of the registrant,
like an Internet
services supplier or an agent/contact/administrative, operates
the present registration, he will
accepts the existing policies and procedures.
4.
The acceptance of the present policies and conditions by any agent
of applicant/registrant
(by electronic mail as well as by other means) will bind this
agent as if he were the domain name registrant in the agreement
of registry.
5.
The registrar will not be allowed to process a domain name until
the applicant provides with
the names of hosts and directions IP of at least two (2) servers
of names that support the domain.
6.
The present policies could be modified or be replaced as often
as necessary, in sole opinion of NIC-PANAMÁ, compelling
the applicant/registrant to accept immediately the new norms,
without reserves of any nature.
7.
The applicant and/or registrant agree upon that the registrar
will not have any responsibility
in respect to the applicant and/or registrant by any type of damages
or prejudices:
Related to the processing on the part of the registry of the
request of domain name; or;
In relation
to the processing on the part of the registry of any authorized
modification of the registry of the name of dominion during
the period of any registry; or
Resulting
from the refusal of the registrar to accept any request of registry;
or
As a
result of the failure of the applicant or the registrant to
pay the registration fee or the renewal fee; or
As a
result of the application of the policy on controversies.
8.
The applicant/registrant agrees upon that the registrar will not
be responsible for any loss
of registry or loss of use of the domain name neither for the
interruption of the commercial activity nor any type of indirect
loss, special, unexpected or consequent (including the loss of
benefits) that can be consequence of a contract, legal prejudice
(including the negligence) or of any other type.
9.
The Applicant/registrant admits that it is technically impossible
to provide services free of errors and that the registrar does
not commit itself to it.
10.
The Applicant/registrant (directly or by means of an agent) will
be able to modify the registry
of the domain name or to renounce to the same one in accordance
with the procedures established by the registrar for these aims.
Of
the information provided by the applicant::
11.
When soliciting by means of the form of Request of Name of Domain,
the registry of a
domain name, the applicant declares and guarantees that, to its
loyal knowledge and understanding, any information provided in
this form is correct and true.
12.
To the aim of requesting the registry of the domain name, the
applicant will be asked to
provide all the information that is needed in the request of domain
name. The registrar will take reasonable precautions to protect
this information against loss, erroneous use, access or nonauthorized
spreading, alteration or destruction.
13.
The applicant declares and guarantees that any future change of
the information provided in the request of domain name necessary
to maintain its exactitude, will be quickly provided to the registrar
in accordance with the procedures of modification of the domain
name that are applicable according to the case.
14.
The registrar reserves the right to cancel the domain name if
in the present agreement
of registry, or later modifications to the same one, there appear
false or deceptive information or any hidden or omitted information
that the registrar probably would have considered essential for
his decision to accept the request of domain name and to assign
the domain name to the applicant.
15.
If the applicant knowingly provides inexact or untrustworthy information,
or in a deliberate way he does not update quickly the information
provided to the registrar or he does not respond for more than
fifteen (15) days calendar to the questions relative to the exactitude
of the provided information or request to take contact in relation
to the domain name, a serious violation in the registry agreement
will take place and will serve as base for the cancellation of
the registry of the name of domain.
16.
All request of modification of domain made by the applicant or
registrant will be valid as long as they are within the established
norms and if the due payments of this domain have been paid.
Of
the acceptance of the Request:
17.
In case that some person notifies the existence of an inaccuracy
in the information provided by
the applicant, the registrar will take the reasonable measures
to investigate this supposed inaccuracy. In case that the registrar
determines that inexact information has been provided, appropriate
measures will be taken to correct any inaccuracy.
18.
The registrar will process the request and will study if he accepts
it or he rejects it in accordance with the Agreement of Registry,
as existing at the moment of the request, transfer or renewal
of the corresponding registry.
19.
The registrar will register the domain names according to their
order of arrival. The
applicant and/or registrant agree upon not adopting any disposition
making use of the foreseeable registry of a domain name before
it appears as registered in the Registry of domain names of the
NIC-PANAMÁ.
20.
Admission of the request of domain name implies that the applicant
and registrant
(if applicable) and the billing contact grants their consent by
this act to the inclusion in the Registry of their names, information
necessary to be in contact with them and other detailed information
related to the registered domain name.
21.
The registrar reserves the right to refuse to register a domain
name, making use of
his exclusive faculties.
22.
The applicant agrees upon that receiving a request of registry
of a domain name
does not engage in any way the registrar to process the request
without previously checking its regularity.
23.
In case the registrant of the Domain has rented a webspace on
a server of an ISP, the proceeding of domain request can be made
as well by the supplier as by the registrant and anyone of the
two that asks for being denominated applicant, as long as they
fulfill the necessary requirements.
Of
payments and tariffs:
24.
As payment for the registry of the domain name to the registrar,
the applicant will accept
to pay the registry fee and, when applicable, the renewal fee.
25.
The registrar will not be forced to activate a domain name unless
he has received the payment of the registry fee or the renewal
fee, according to the case.
26.
The payments made in relation to the registry of domain name or
the renewal of the registry
of the domain name will not be refundable once the registrar has
processed the request.
27.
The registration fee will include a period of two (2) years for
each new registry and of (1) a
year for each renewal, including any modification allowed for
the inscription of the domain name during the included period.
When finalizing this period or periods of registry, according
to the case, if the registrant, or who represents him, does not
pay the rate of renewal within the term specified in a second
warning or reminder, the registry of the domain name will be canceled.
28.
If the applicant is represented by an agent to the aims of carrying
out any requested payment, the registrar will request the payment
to the agent in the first place. If the agent does not carry out
this payment for whatever reason, the registrar will be allowed
to request it directly to the applicant.
Of
the Violations of the rights of third parties:
29.
The applicant declares and guarantees that he has tried as far
as possible to determine
that the registry of the domain name and the way it is used direct
or indirectly does not infringe or violate in any way the rights
of third parties.
Direct Use: The own organization of the applicant.
Indirect
Use: Does not belong to the applicant organization.
30.
The applicant declares and guarantees that to its loyal knowledge
and understanding, the registry and use, direct and indirect,
of the domain name does not violate any legislation or existing
regulation.
31.
The applicant agrees upon that the registrar will not be hold
responsible for the damages
or damages that may result from accepting a request of registry
of a name of domain presented by the applicant.
32.
The registrar does not accept any responsibility for the use of
the domain name or the information maintained generally in the
Registry and, in particular, for any conflict with tradenames,
registered or not registered, or with any other type of rights
of intellectual property
33.
The domain does not have to clash with any of the already existing
domains under the same type of organization. For the registry
of a domain it corresponds to the applicant organization to verify
that its request is not violating any registered tradename. See
1591 available in: ftp://rs.internic.net/policy/rfc1591.txt.
The domain name has to be free of any obscene word or other type
of word that causes damages to third parties.
Of
the Cancellation, Renewal, Modification or transfer:
34. In case that the applicant or registrant
carries out a serious violation of any disposition in the registry
agreement, the registrar, doing use of his exclusive faculties,
will have right to cancel the registry of the dominion name, without
that the applicant/registrant has right to any refund and without
prejudice of any other legal means that the registrar may decide
to use.
35.
Also, the recorder reserves the right to cancel, to yield or on
the other hand to carry out changes in the registry of the name
of dominion in accordance with legal requirements that are effective
or in accordance with the following situations.
36.
The registrar will be able to vary the clauses and conditions
of the agreement of registry in the renovation or cession of the
registry of the dominion name. All the tranfers and renewal will
have to be in conformity with the clauses and conditions existing
at the moment of the transfer or renewal and, in the case of transfer,
must be accepted by the transferor.
37.
The registrar reserves the right to cancel, to transfer or on
the other hand to carry out changes in the registries of domain
names in the following circumstances:
When the registrar receives instructions in writing or by suitable
electronic means coming from the applicant or of his agent requesting
him to do so.
When
the registrar receives a judicial decision or of a by arbitration
court, having juridic competence, requiring him to adopt this
measure.
When
the registrar receives a decision of an administrative group
of experts in whom he demands himself to him to adopt this measure
in any administrative procedure in which the appliquant or registrant
in accordance with the policy on controversies. In order to
fulfill the resolution of a controversy relative to a domain
name registered by the applicant or registrant by virtue of
the policy of solution of controversies of domain names of another
registrar that would be identical in all their fundamental aspects
to the policy on controversies.
In
http://www.thelist.com/,
you will be able to find the list of several Internet Service
Providers (ISP) and their respective services.
Of
domain reservation:
38.
All request for the registry of a domain name that has been accepted
by the NIC-PANAMÁ and which payment is
outstanding, will remain valid during a period of 30 days calendar
after the date of acceptance. Ifat the end of the the term of
30 days the applicant has not paid the respective fee, the request
will be left without effect and therefore, the domain name at
issue will be available again.
The
governmental organizations of the Republic of Panama are excluded
from this clause.
Of
the domain names.net.pa:
39.
In order to register dominions under net.pa, it is necessary for
the applicant to be an Internet Service Provider (ISP), thus the
presentation of documents that qualifies him as ISP is required.
A domain net.pa
can be assigned temporarily and reserved for a period of 35
days calendar as of the date of payment, in order to allow that
the applicant presents/displays the required documentation. After
the term of thirty five days if the applicant has not submitted
this documentation, the domain name assignation will be left without
effect, and the domain at issue will be available again. The payment
made for the registry of the domain will not be refundable, except
in case of proved double payment.
In case of
being a national applicant registrant, you must give to copy of
the concession Type " B " for the No.211 service, denominated
INTERNET SERVICE FOR PUBLIC USE, emitted by the Regulating Entity
of the Services Public of the Republic of Panama.
In case of
being a foreign applicant, you must send by postal mailing copy
of the concession that certifies you as an Internet Service Provider
(ISP), emitted by the organization in charge in your respective
country. In order to fasten the process, this document can be
sent via FAX without dispens of postal mailing.
Of
the Structure of a domain name:
40.
A Name of Domain under .pa should have the following
ones characteristic:
The total
longitude of the domain name won´t exceed the 63 characters
including the characters used to indentify the Top Level Domain
country root (.pa) as well as those of the organization type
(com, ac, sld, gob, edu, org, net, abo, ing, med, nom).
The name
of the domain will be constituted by letters of the English
alphabet in minuscule (a-z) and/or numbers (0-9) and the only
acceptable special character is the script (-) which should
not appear neither as first, neither as last character in the
name of the selected domain. The domain names won´t begin
or to finish with the script (-) neither to have two scripts
(--) followed.
A domain
name won´t be accepted when it is composed exclusively
of a toponimic that makes unique reference and exclusively to
places in Panama. NIC-Panama is reserved the right of granting
a toponimic, of those that makes reference the present artticle,
provided the use of the same one is made for a project of direct
social benefit to the comunity to which refers this term.
41.
The minimum number of acceptable characters for the name of a
domain is of 2 characters although 5 characters are recommend
(to avoid conflict with some already existing one).
42.
“Names that are equal or similar to the country will not
be accepted in the case where the applicant does not have the
right or legitimate interest in the requested name. This way,
users of the Internet will not mistakenly believe that there exists
a link between the mentioned name and the constitutional authorities
of the country.
This condition applies for the six (6) official names of the United
Nations, according to the Agreement of the Standing Committee
of Brand Names, Drawings, and Industrial Models of the “World
Organization of Industrial Property” (WOIP), held in Geneva
from November 11-15, 2002.”
Of
Privacy of Data
43.
The NIC-PANAMÁ, in completion of the policies
recognized as standard for the handling of domain names, will
maintain protected the information that the applicants have provided.
Nevertheless, for the correct operation of the systems of resolution
of name and of the systems of WHOIS, the following information
will be put to disposition of the public in general: domain name,
names of the organization or person that asked for it, and the
names and electronic mails of the Administrative, Technical and
Billing contacts.
43.
The only exception to this policy will take place if a request
from a recognized and relevant authority is received, in relation
to illicit activities that are being carried out in a registered
site. In this case, the NIC-PANAMÁ will
provide the required information relative to the administrator
of that domain name.
Of
the Solution of Controversies or Disputes:
44. If some type from controversy around a registry
or the exploitation of a domain name arises, by presenting his
request, the appliquant implies that he acceps to be placed under
the administrative procedure established by the NIC-Panama according
to the regulations for this specialized scope.
45.
For such effects the NIC-PANAMÁ, in its
quality of registrar of Internet domain name under pa has adopted
Political the Uniform of Solution of Controversies approved by
the Corporation for the allocation of Names and Numbers of Internet
(ICANN).
The ICANN
has a list of Centers of Arbitration and authorized Mediation
to manage the conflicts related to the registries of Internet
Domain Names. Of these, by its aptitude to work in the Spanish
language, the NIC-PANAMÁ has made an arrangement
with the OMPI
so that its Center of Arbitration and Mediation handles the controversies
arisen in the NIC-PANAMÁ, in relation
to the registries of Domain Names under .pa.
