gTLD | Full Legal Name | E-mail suffix | Detail | .madrid | Comunidad de Madrid | madrid.org | View |
((- Eligibility: who is eligible to register a second-level name in the gTLD, and how will eligibility be determined.))
As described in the response to Questions 20(a), two types of conditions must be fulfilled for the right to register a .Madrid name. These are:
(A) community membership (bona fide presence in the Madrid area) and
(B) the additional requirements that
- the presence in Madrid area and use of domain are generally accepted as legitimate;
- the presence in Madrid area and use of domain are conducive to welfare of the Madrid area;
- the presence in Madrid area and use of domain are commensurate to role and importance of domain;
- presence in Madrid area and use of domain are based on good faith at registration and thereafter.
These conditions must always be fulfilled. The strength of the validation is kept in line with the importance of the underlying domain name base on the assumption that a typical user would reasonably make.
To facilitate validation, registrants are required to state their intended use of the registered domain name. A false statement of intended use is an indication of bad faith and can be the basis for the suspension of the domain name.
Registrants are further required to have an administrative contact in the Madrid area. This is verified in part automatically (through the postal code in the administrative contact record and by a human eyes review pre-validation or post-validation). The administrative contact may be any person or entity having received and accepted the mandate to act as such for the respective domain. (The registrar may act as administrative contact.) Any communications addressed to the administrative contact are deemed to have been brought to the attention of the domain holder. Validation checks include machine and human verification of address accuracy.
The validation may be assisted through pre-identification of potential registrants using existing community channels, in particular through promotion codes.
After the launch phase, the validation mode goes from pre-validation to post-validation and later to statistically targeted random validation, backed up by a ongoing enforcement program.
The validation and enforcement program are supported by an integrated issue tracking system. This system allows validating agents and personnel to cooperate and interact with the registrant. The system keeps track of decisions made by the agents and stores supplemental documentary evidence that may be supplied by the registrants.
((- Name selection: what types of second-level names may be registered in the gTLD.))
The fundamental rule on which name selection is based is part of the policy principles: the registrant’s presence in Madrid area and use of domain must be commensurate to role and importance of domain registered.
The role and importance of the domain name is based on meaning an average user in would reasonably make in the context of that domain name.
This criterion also applies to the strength of the documentation or proof required of the registrant.
Pre-definition of the name space, especially names with significance for Madrid area from a public service or public interest standpoint, is developed through special programs with strong selection processes, based on proposals made by parties interested in providing content on such domain names. This process not only cover the identity and legitimacy of the party entrusted with the operation of the domain(s), but also a defined obligations with respect to the content to provide for the benefit of the public.
((- Content⁄Use: what restrictions, if any, the registry operator will impose on how a registrant may use its registered name.))
As described in the response to Question 20(a), not only the registrant’s Madrid presence but also the use of the domain must be:
- generally accepted as legitimate
- conducive to welfare of the Madrid area
- commensurate to role and importance of domain
- based on good faith at registration and thereafter
This is verified on the basis of:
1) the intended use statement supplied by the domain registrant at the time of registration (or possibly updated later)
2) the ongoing enforcement program.
((- Enforcement: what investigation practices and mechanisms exist to enforce the policies above, what resources are allocated for enforcement, and what appeal mechanisms are available to registrants.))
The purpose of the enforcement program is to protect the credibility of the .MADRID TLD for its local in international public. In particular, upholds the community-based purpose of the .MADRID TLD and helps prevent misuse or malicious behaviour.
The enforcement program is based on statistically targeted random investigations and on a complaint follow-up process. The statistical targeting is strongly automated and involves the use of search engines and the analysis of registry data related to behaviour of registrants.
Depending on the type of misuse to be investigated, web site content or content sent to victims of abuse will reviewed and analyzed by investigators.
Enhanced investigation takes place if the registrant has a bad track record in terms of compliance with the rules of the .MADRID TLD. Other violations of public record (such as UDRP or URS cases) will also be taken into account.
If the intended use cannot be deemed legitimate or has a negative impact on the welfare of the Madrid area, the registration is rejected. If content or use of an existing .MADRID domain demonstrate that the registrant has shown bad faith by stating a false intended use, the domain name is suspended.
If a registrar is complicit with systematic violations of the .MADRID policies or causes an unacceptable burden for the validation and enforcement program by negligence, the registry can restrict that registrar’s access to the new registrations, subject its inventory of .MADRID domains to enhanced investigation and require it conduct its own post-validation program.
An appeals process is available for all administrative measures taken in the framework of the enforcement program. The first instance of the appeals process is managed by the registry service provider. The Region of Madrid provides the second and last instance of an appeals process by itself or entrusts it to an alternative dispute resolution provider. The charter of the appeals process is promulgated by the Region of Madrid.
gTLD | Full Legal Name | E-mail suffix | Detail | .swiss | Swiss Confederation | bakom.admin.ch | View |
As described in the response to Questions 20(a), two types of conditions must be fulfilled for the right to register a .swiss name. These are:
(A) community membership (bona fide presence in Switzerland) and
(B) Registration of domain names under the .swiss TLD is restricted to members of the Swiss community and subject to the further requirement that the domain name registrant’s presence in Switzerland and the registrant’s use of the domain name must be:
(1) in compliance with Swiss law, and
(2) of a kind that is generally accepted as legitimate, and
(3) conducive to the welfare of the Swiss community, and
(4) of commensurate quality to the role and importance of the respective domain name, and
(5) based on good faith at the time of registration and thereafter.
As already mentioned in the answer to Q20c, a bona fide presence in Switzerland (and thus community membership) (A) is a necessary but NOT in itself a sufficient condition for the right to hold any imaginable .swiss domain name. As the policy principles under (B) above show, there are additional requirements specific to the intrinsic role and importance of the domain name in question. These requirements will be defined in detail in specific registration regulations. They concern in particular the nature of the registrant’s presence in Switzerland and the registrant’s use of the domain name. Again, this will based on the fundamental principle of prudence: starting with a conservative registration policy in order to establish quality of and confidence in the .swiss TLD and then gradually opening up the policy as long as it does not endanger this quality and confidence.
The strength of the eligibility validation is kept in line with the importance of the underlying domain name based on the assumption that a typical user would reasonably make.
In order to assess whether the use of the domain name is conducive to the welfare of Switzerland, and is commensurate to its role and importance, validation will take into account, among other elements of appreciation, the nature and qualities (and in particular the origin or source) of the products and⁄or services to be offered on the web site of the applicant.
To facilitate validation, registrants can be required to state their intended use of the registered domain name. A false statement of intended use is an indication of bad faith and can be the basis for the suspension of the domain name.
Registrants are further required to have an administrative contact in Switzerland. This is verified in part automatically (through the postal code in the administrative contact record and by a human eyes review pre-validation or post-validation. The administrative contact may be any person or entity having received and accepted the mandate to act as such for the respective domain. (The registrar may act as administrative contact.) Any communications addressed to the administrative contact are deemed to have been brought to the attention of the domain holder. Validation checks include machine and human verification of address accuracy.
The validation may be assisted through pre-identification of potential registrants using existing community channels, in particular through promotion codes.
After the launch phase, the validation mode goes from pre-validation to post-validation and later to statistically targeted random validation, backed up by a ongoing enforcement program.
The validation and enforcement programs are supported by an integrated issue tracking system. This system allows validating agents and personnel to cooperate and interact with the registrant. The system keeps track of decisions made by the agents and stores supplemental documentary evidence that may be supplied by the registrants.
The fundamental rule on which name selection is based is part of the policy principles: the registrant’s presence in Switzerland and use of the domain name must be commensurate to role and importance of domain registered.
The role and importance of the domain name is based on the meaning that an average user would reasonably make in the context of that domain name.
This criterion also applies to the strength of the documentation or proof required of the registrant.
Pre-definition of the name space, especially names with significance for Switzerland from a public service or public interest standpoint, is developed through special programs with strong selection processes, based on proposals made by parties interested in providing content on such domain names (see mechanisms described in the response to the Question 18 c). This process not only covers the identity and legitimacy of the party entrusted with the operation of the domain(s), but also defines obligations with respect to the content to provide for the benefit of the public.
As described in clause (B) of the response to Question 20(a), not only the registrant’s presence in Switzerland but also the use of the domain must be:
(1) in compliance with Swiss law and
(2) of a kind that is generally accepted as legitimate and
(3) conducive to the welfare of the Swiss community and
(4) of commensurate quality to the role and importance of the respective domain name and
(5) based on good faith at the time of registration and thereafter.
This is verified on the basis of:
1) the intended use statement supplied by the domain registrant at the time of registration (or possibly updated later)
2) the ongoing enforcement program.
The purpose of the enforcement program is to protect the credibility of the .swiss TLD for its national and international public. In particular, such program upholds the community-based purpose of the .swiss TLD and helps prevent misuse or malicious behaviour.
The enforcement program is based on statistically targeted random investigations and on a complaint follow-up process. The statistical targeting is strongly automated and involves the use of search engines and the analysis of registry data related to behaviour of registrants.
Depending on the type of misuse to be investigated, web site content or content sent to victims of abuse will be reviewed and analyzed by investigators.
Enhanced investigation takes place if the registrant has a bad track record in terms of compliance with the rules of the .swiss TLD. Other violations of public record (such as UDRP or URS cases) will also be taken into account.
If the intended use cannot be deemed legitimate or has a negative impact on the welfare of Switzerland, the registration is rejected. If content or use of an existing .swiss domain demonstrate that the registrant has shown bad faith by stating a false intended use, the domain name is suspended.
If a registrar is complicit with systematic violations of the .swiss policies or causes an unacceptable burden for the validation and enforcement program by negligence, the registry can restrict that registrar’s access to the new registrations, subject its inventory of .swiss domains to enhanced investigation and require it conduct its own post-validation program.
An appeals process is available for all administrative measures taken in the framework of the enforcement program. The first instance of the appeals process is managed by the registry service provider. An agency of the Swiss Confederation will provide the second and last instance of an appeals process by itself or entrusts it to an alternative dispute resolution provider. The charter of the appeals process is promulgated by that agency.