gTLD | Full Legal Name | E-mail suffix | Detail | .berlin | dotBERLIN GmbH & Co. KG | dotberlin.de | View |
* DESCRIPTION of the REGISTRATION POLICIES (Community Part) *
The following text is a shortened and descriptive version of the full registration policies which highlights the relevant information.
Out of the complete policy description provides in #18b the Community specific policies are the following:
* Eligibility Requirements *
To meet the requirements of ICANN to a community-based designation of the application and to meet a sufficient reference to BERLIN, the group of registrants is limited. Exclusively eligible to register a domain name under the top-level domain .BERLIN is
(i) any natural person, legal person, organization or association of persons, if they can demonstrate that they have an economic, cultural, historical, social or any other connection to the German capital Berlin, verifiable by
- their residence or second home, office or place of business, a branch or permanent establishment in the City of BERLIN, or
- a contact listed in the Whois database with a domicile in the City of BERLIN, or
- other appropriate proof e.g. the certification by an employer to enroll at a school or college, or birth certificate.
With the registration of a .BERLIN domain name each registrant implicitly signs the registration policies and agrees with the fact that he acknowledges compliance with the registration guidelines. Anyone can check compliance with the registration requirements by initiating an extrajudicial dispute resolution procedure (ʺ.BERLIN Eligibility Requirements Dispute Resolution Policy (ERDRP)ʺ).
* Domain Name Selection *
The Registrant undertakes as part of the registration guidelines not to register any domain names that violate the statutory provisions of the European Union and Federal Republic of Germany, that intervene in the rights of others or violate them, or for abusive, speculative or anti-competitive purposes. Concomitantly, the registrant obliges himself not to spread criminal, illegal, offensive, racist, discriminatory or pornographic content under the top-level domain .BERLIN. The Registrant further undertakes not to register domain names, which create the erroneous impression that these are domain names, content or services by public bodies or their affiliated organizations, so-called plagiarising authority domain names.
The registrant agrees not to register domain names that violate ethical or criminal law principles (illegal, violent, racist, ethnically offensive, harmful to minors, indecent, offensive or domain names that violate morality and public order) or may hurt the reputation of the City of BERLIN. In addition, domain names are not permitted that use the words or parts of words that could generally perceived as offensive. These include insulting, abusive or agitational words or words or word elements, which could violate the ethical, religious or moral sensibilities of Internet users.
* Content and use *
To meet the requirements of ICANN to a community-based designation of the application, the registrant must satisfy the following criteria for the content and the use of .BERLIN domain names:
(i) The contents of the website must be accessible under a domain directly related to the eligibility requirements, and
(ii) the domain must be in use within 12 months of registration.
* Enforcement, Termination and Deletion *
The Registry is entitled to lock, cancel, initiate the gTLD-deletion cycle or transfer domain names that do not meet the registration criteria if
i the domain name owner has persistently breached the registration policies and continues to do so after a warning and a deadline or
ii. The domain name contains in itself a manifestly illegal statement, or
iii. The domain name owner has agreed in writing, under penalty of law, not to use the domain name, or has issued a corresponding final declaration or an injunction has been issued a corresponding final national or international main judgment against him or
iv. it has been determined in a final and absolute national or international judgment that the registration of the domain name owner violates the rights of third parties, or the domain name owner has made a a final declaration to a corresponding injunction, or
v. the registration of the domain name to the domain name owner blatantly violates third party rights or is otherwise unlawful regardless of the specific use, or
vi. the use of the domain name or content under it is obviously abusive or can do harm to the public, for instance through illegal and fraudulent activities, spam, phishing, pharming, malware propagation, botnet activities, child pornography or unusual network activities (eg fast flux hosting), or
vii. the data given to the registry for the domain name owner or the administrative contact is incorrect or the identity of the domain holder or the administrative contact can not be found with the given data or
viii. the domain name is transferred at the request of the City of BERLIN for its own purposes, for example because of the need for availability or a registration request.
Without prejudice to further legal rights, as part of abusive use rules required by ICANN for gTLDs (ʺ.BERLIN Anti-Abuse Rulesʺ) the registry can under certain circumstances, remove a domain name and its technical data from the name servers for top-level domain .BERLIN (disconnection), change the contact data, or delete a domain name.
Furthermore anyone can check compliance with the registration requirements by initiating an extrajudicial dispute resolution procedure (ʺ.BERLIN Eligibility Requirements Dispute Resolution Policy (ERDRP)ʺ).
gTLD | Full Legal Name | E-mail suffix | Detail | .gmbh | TLDDOT GmbH | dotgmbh.de | View |
* .GmbH Registration Policy Description (community-relevant part)*
The following text is a shortened and descriptive version of the full registration policy text which highlights the relevant information.
4 Eligibility Requirements – General
With the registration of a .GMBH domain name each Registrant implicitly signs the registration requirements and agrees with the fact that he acknowledges compliance with the registration requirements. However, it is validated on the discretion of the Registry if the registration of every single domain name registration fulfills the registration requirements (eligibility). Eligibility is necessary on both, the Registrant’s identity and the domain name selection. Additionally anyone can check the compliance with the registration requirements by initiating an extrajudicial dispute resolution procedure (Eligibility Requirements Dispute Resolution Policy, ERDRP).
5 Eligibility Requirements – Registrant
The .GMBH top-level domain is intended to serve the GmbH Community. To meet the requirements of ICANN to a community-based designation of the top-level domain and to meet a sufficient reference to the legal form GmbH, the group of Registrants is limited. Exclusively eligible to register domain names under the top-level domain .GMBH are:
- companies which are at the time of registration of a .GmbH domain name registered with the legal form of a GmbH (including mbh, gGmbH, GesmbH and Ges.m.b.H.) in an official company register in Austria, Germany, Liechtenstein, Switzerland or any other country where the registration of a GmbH company may be allowed,
- regulatory authorities and institutions in Austria, Germany, Liechtenstein and Switzerland that are involved in any proceedings or functions regarding companies with the legal form of a GmbH, and
- registered associations and chambers representing GmbH companies and their interests.
Not eligible are companies that
- have the legal form of a GmbH & Co. KG or comparable legal forms where the GmbH is not the constitutive legal entity, or
- GmbH companies in foundation (GmbH i.Gr.), or
- GmbH companies after filing an insolvency notice,
- companies with the legal form of a Unternehmergesellschaft (UG).
In the event a Registrant’s GmbH company has been deleted from the Company Register the Registrant must delete the domain name at latest at the next annual renewal date. In the event a Registrant changes the GmbH company’s name or the object of a company the registered domain name must still fulfill the registration requirements or must be deleted otherwise at latest at the next annual renewal date. It’s in the discretion of the Registrant not to lead to the conclusion that a not existing GmbH exists.
6 Eligibility Requirements - Content and Use
To meet the requirements of ICANN to a community-based designation of the top-level domain, the Registrant must satisfy the following criteria for the content and the use of .GMBH domain names:
(i) The contents of the website must be accessible under a domain directly related to the eligibility requirements (Registrant, Content and Use, Domain Name Selection), and (ii) the domain must be in use within 12 months of registration.
7 Eligibility Requirements - Domain Name Selection
To meet the requirements of ICANN to a community-based designation of the top-level domain, the Registrant must satisfy the following criteria for the domain name selection of .GMBH domain names:
A .GmbH domain name selected in the discretion of the Registrant must correspond either
- fully or in relevant parts with the company’s name or
- with goods and services as mentioned in the corporate purpose of a company
as mentioned in Company Register concerned. It is up to Registrant to define which parts of the company’s name are relevant.
12 Enforcement, Termination and Deletion
The Registry is entitled to lock, cancel, initiate the gTLD-deletion cycle or transfer domain names that do not meet the registration criteria if
i the domain name owner has persistently breached the registration policies and continues to do so after a warning and a deadline or
ii. The domain name contains in itself a manifestly illegal statement, or
iii. The domain name owner has agreed in writing, under penalty of law, not to use the domain name, or has issued a corresponding final declaration or an injunction has been issued a corresponding final national or international main judgment against him or
iv. it has been determined in a final and absolute national or international judgment that the registration of the domain name owner violates the rights of third parties, or the domain name owner has made a final declaration to a corresponding injunction, or
v. the registration of the domain name to the domain name owner blatantly violates third party rights or is otherwise unlawful regardless of the specific use, or
vi. the use of the domain name or content under it is obviously abusive or can do harm to the public, for instance through illegal and fraudulent activities, spam, phishing, pharming, malware propagation, botnet activities, child pornography or unusual network activities (eg fast flux hosting), or
vii. the data given to the Registry for the domain name owner or the administrative contact is incorrect or the identity of the Registrant or the administrative contact cannot be found with the given data.
Without prejudice to further legal rights, as part of abusive use rules required by
ICANN for gTLDs (ʺ.GMBH Anti-Abuse Rulesʺ) the Registry can under certain circumstances, remove a domain name and its technical data from the name servers for top-level domain
.GMBH (disconnection), change the contact data, or delete a domain name.
13 Dispute Procedures
To prevent bad faith registration and use of domain names under the top-level domain
.GMBH, every domain name Registrant has to subject to the dispute resolution procedure proposed by ICANN or the Registry (UDRP, URS, PDDRP and the Eligibility Requirements Dispute Resolution Policy (ERDRP)). The involvement of national courts is at liberty as a dispute resolution procedure. A domain may be deleted due to a dispute resolution process, or transfer, if
i. the domain name is identical or confusingly similar to a brand or a label from which the complainant has rights,
ii. the domain name owner has no right or legitimate interest in the domain name, iii. The domain name has been registered and is used in bad faith,
iv. a domain name, which was subject to a special registration procedure, is used or transmitted contrary to the contractual agreements,
v. the registration of a domain name violated the registration policies.
14 Validation
It is the role of the Registry to assure and control the compliance with the eligibility requirements for any domain name to guarantee the Community aspect and integrity of the
.GMBH namespace and to avoid disputes. The Registry anticipates that disputes over eligibility will be minimal within the GmbH Community. Nevertheless it has put in place an adequate procedure to assist the GmbH Community’s Registrants in dealing with denials of eligibility in a way that supports community needs and values. The Registry’s
informal denial procedures will not super-cede any formal dispute procedures.
Any .GmbH domain name registered is subject to a subsequent eligibility requirements validation process which will start immediately after the registration process starts. Eligibility validation will occur after domain name registration but before the registered domain name can be used for web services and protocols like email, website, and FTP. This is to avoid mass fraudulent domain name registrations.