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Registration Agreement .re
Registering rules for .re domain names
(Last modifications: 2006-11-08)
Introduction
Introduction
1. Purpose
2. Applicability
General informations
3. Domain categories
4. Holders of domain names in the .re domain zone
5. Administrative contact
6. Accessibility
7. Updating Information
8. Right to domain names
9. Validity of domain names
Attribution rules
10. Registration of a top-level domain name and the principle of identification
11. Registration of a second-level domain name and the principle of justification
12. Registration of a second-level descriptive domain .asso.re
13. Registration of a second-level descriptive domain .nom.re
14. Registration of a second-level descriptive domain .com.re
15. Choice of a domain name
16. Prohibited and reserved terms
17. Syntetic constraints
Procedures
18. Processing of administrative operations
19. Preregistrations
20. Periodic checks
21. Relations between the registrant and the service provider
22. Orphaned domain names
23. Change of Internet service provider
24. Technical and/or administrative modifications
25. Invoicing relating to a domain name
Data usage
26. Confidentiality
27. Domain name reference database and qualification
28. Personal data
29. Responsability
30. Guarantee
Operations on domain names
31. Freezing of operations
32. Blocking of a domain name
33. Removal of a domain name
34. Alternative procedures for the resolution of disputes
35. Voluntary transmission of a domain name
36. Forced transmission of a domain name
Additional information on the charter
37. Agreement of proof
38. Modification of the charter
Glossary
Introduction
The French Network Information Centre (referred to as AFNIC below), an association governed by the law of 1st July 1901, has the task of attributing and managing domain names within the naming zones corresponding to the national territory delegated to it.
Consequently, AFNIC attributes and manages domain names within the .re zone corresponding to the French overseas department of Réunion.
The domain names administered by AFNIC are attributed in the public interest on the basis of published, non-discriminatory rules which insist, in particular, on the applicants' respect for intellectual property rights.
To this end, AFNIC has developed a set of rules relating to the registration and maintenance of the domain names that it administers for the .re zone in accordance with the decisions taken by its voting bodies and in close cooperation with its various constituent committees and with the relevant actors in the Ile de la Réunion. Cooperation within the department is organized by the Chamber of Trade and Industry of the Ile de la Réunion.
This set of rules together with the documents guiding their application constitute a single contractual document known as the "AFNIC naming charter for .re".
Article 1 - Purpose
The purpose of the naming charter for .re is to define the administrative and technical rules relating to the .re naming zone managed by AFNIC.
The present charter does not relate to domain names in the .fr zone for which AFNIC invites you to consult the .fr charter that is accessible here.
Owners of domain names in the .re zone can register similar names in the .fr zone provided that the said names are available and they respect the provisions of the .fr charter.
Article 2 - Applicability
By requesting the registration of or transmitting his domain name, the owner of a domain name is considered to be aware of the terms of the present charter and to accept them without reservations.
The electronic validation or signature by the applicant of the request for action on the part of AFNIC together with the payment of any sums due in respect of the registration of a domain name or any other administrative operation may not be interpreted as anything other than a simple reaffirmation of this acceptance.
The applicable version of the AFNIC naming charter for .re is the one available on the AFNIC site on the date a request for an administrative operation is received by AFNIC irrespective of the nature of the request.
Unless exceptionally agreed to the contrary by the Administrative Council, new rules take effect immediately and are not retroactive.
Article 3 - Domain categories
The naming zones delegated to AFNIC comprise:
the top-level domain .re ;
the second-level domains for .re.
The top level domains category includes the naming conventions , which registrations are only allowed to the entities working in this sector.
The purpose of the second-level domains is to describe an activity or title irrespective of its nature. The second-level domains are subdivided into:
.asso.re for associations;
.nom.re for surnames;
.com.re open to all applicants without justification of the requested name.
AFNIC's voting bodies, in cooperation with the consultative committees and the relevant actors in the Ile de la Réunion decide on the creation and removal of second-level descriptive domains.
A descriptive second-level domain may not be removed if domain names are still active within it without prior notification of 6 (six) months inviting the owners of names within the domain that is to be removed to change their domain names.
Article 4 - Owners of domain names in the .re domain zone
Only the following entities may hold domain names in the .re domain zone, that is to say top or second-level domain names, either as a result of registration or through the transmission of a domain name:
legal entities:
whose head office is in the Ile de la Réunion; (or),
which possess an address in the Ile de la Réunion which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), or National Intellectual Property Institute, (or),
State institutions or departments, local authorities or associated establishments in the Ile de la Réunion, (or),
resident in the Ile de la Réunion and owning a trademark registered with the National Intellectual Property Institute or owning a registered EU or international trademark which expressly includes French territory;
natural persons:
of French nationality resident in the Ile de la Réunion; (or),
of foreign nationality who are domiciled in the Ile de la Réunion;
and owning a trademark registered with the National Intellectual Property Institute or owning a registered EU or international trademark which expressly includes French territory.
Moreover, these requesting bodies must respect the specific conditions to the registrations of the first and second level as described in the present charter.
Article 5 - Administrative contact
When requesting registration, it is essential for the applicant to designate an "administrative contact" which must be maintained for the entire period of utilization of the domain name.
The owner may designate an individual or a legal entity as the administrative contact and this person or entity may either be the owner of the domain name or a third-party, in particular the Internet service provider.
The administrative contact must be based in France where he must possess an address where he can receive legal and other documents.
As far as legal entities are concerned, the term "based in France" refers to entities whose head office is located in France or which possess an address in France listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE). In the case of natural persons, it refers to persons who can prove possession of an address in France for more than 3 (three) months in succession prior to the request for the administrative operation.
The coordinates of the administrative contact are published in the Whois database.
The owner is free to change his administrative contact via his Internet service provider.
Under no circumstances can AFNIC be held responsible for the relations, whatever their nature, between the owner of a domain name and the administrative contact.
The administrative contact is the natural person or legal entity who responds to AFNIC's queries except in the case of procedures undertaken in order to resolve disputes which are dealt with in direct contact with the owner of the domain name.
Article 6 - Accessibility
It is essential that AFNIC be able to contact either the owner of the domain name or the corresponding administrative contact as required.
To this end, both the owner and the corresponding administrative contact must communicate a telephone number and e-mail address and keep these operational.
Failure to respect this obligation will result in the blocking and, if necessary, the removal of the domain name.
Only the administrative contact's e-mail address is published in the Whois database in case of a registration where a restricted area is available.
Article 7 - Updating information
During the entire period of maintenance of the domain name, the owner is responsible, via his Internet service provider, for updating without delay the information communicated on registration or transmission of the domain name.
Article 8 - Right to domain names
The owner of a domain name has the right to use the domain name for the entire period during which the registration is valid.
The domain name is available to him in accordance with the terms of the naming charter for .re.
The registration, use and operation of a domain name are the sole responsibility of the owner.
AFNIC possesses the right to withdraw a domain name as well as a pre-emptive right, in particular in the case of terms which have to be entered in the list of basic non-attributable terms. The right of withdrawal is subject to prior notification of 6 (six) months, which may be reduced to 3 (three) months on presentation of urgent reasons, in order to allow the owner to choose a new domain name and migrate to the new domain name without difficulty.
The task undertaken by AFNIC confers on it no intellectual property rights in respect of domain names.
Article 9 - Validity of domain names
The domain name is valid for a period of 12 (twelve) months as of the date of the final operation invoiced to the service provider and is tacitly renewable in the absence of a request for removal addressed by the Internet service provider.
Article 10 - Registration of a top-level domain name and the principle of identification
Persons and entities identifiable via one of the three following public electronic databases may register a top-level (.re) domain name:
registrars of the commercial courts;
National Intellectual Property Institute (INPI) ;
National Statistics and Economic Studies Institute (INSEE).
The technical setup of the domain name is accomplished on the day the request is processed by AFNIC.
AFNIC will then verify the identification information submitted by the applicant within a period of 30 (thirty) days following the issue of an "identification" ticket.
If verification has not been performed successfully by the end of this period, AFNIC will address a request for further information to the Internet service provider.
Within a period of 30 (thirty) days following the transmission of this request, the Internet service provider must then communicate all the information and documentation requested by AFNIC in order to permit identification of the applicant from the data quoted above.
When the identification begins, for the domain names registered under mairie-xxx.re, ville-xxx.re, cr-xxx.re, cg-xxx.re, AFNIC also checks the adequacy between the name of the territorial community concerned, the holder and the required domain name.
If no response is received within this period of 30 (thirty) days, the domain name is blocked for a further period of 30 (thirty) days, during which period the Internet service provider must respond to AFNIC's request.
If no response permitting AFNIC to identify the applicant is received on the expiry of this new deadline, the domain name is removed and becomes available to new applicants.
The registration operation is nevertheless invoiced by AFNIC.
AFNIC cannot be held responsible for any errors or omissions in the above-mentioned public databases that might affect the correct conduct of the registration process.
Article 11 - Registration of a second-level domain name and the principle of justification
No request for registration or any other administrative operation relating to a second-level domain will be accepted unless the applicant or owner is able to prove his membership of the category in accordance with the terms of the present naming charter for .re. This requirement does not apply to the .com.re domain.
The appropriate supporting documents must be sent to AFNIC at the time of the registration application and verification will be performed before the domain name is set up.
The registration of a top-level domain name is in no way constraining for natural persons or legal entities who may also register second-level domain names providing that they observe the applicable requirements.
Article 12 - Specific rules applicable to the second-level descriptive domain .asso.re
The extension .asso.re is reserved for associations.
AFNIC accepts the following supporting documentation:
copy of publication in the Official Journal;
copy of the declaration to the Prefecture (or other depending on local regulations);
copy of the identifier in the INSEE directory.
The domain name must correspond to all or part of the name of association or its denomination as it appears on the supporting document.
Article 13 - Specific rules applicable to the second-level descriptive domain .nom.re
The extension .nom.re is reserved for natural persons who want to use their surname as a domain name.
AFNIC accepts the following supporting documentation:
proof of identity: identity card or passport irrespective of the nationality of the person in question
proof of residence in the Ile de la Réunion: EDF, GDF or Telephone bill dating less than 3 (three) months.
This extension has the following syntax: [surname.nom.re] or [surname-freefield.nom.re].
The surname may be a family name, maiden name or alias as it appears on the applicant's identity document.
Article 14 - Specific rules applicable to the second-level descriptive domain .com.re
No proof of name is required for registration under the extension .com.re.
Registration is permitted only if the identical term is not already registered under one of the top-level or descriptive second-level domain extensions.
Registration under the extension .com.re does not prevent the requesting body from subsequently registering the same term under one of the top-level or descriptive second-level domain extensions.
Article 15 - Choice of domain name
The applicant is free to choose the term or terms that he wants to use in the domain name.
However, AFNIC will not agree to register a domain name including terms: which are present in the list of prohibited terms (see article 16) , which do not conform to the syntactic constraints (see article 17).
The applicant is solely responsible for the terms he chooses to use in his domain name.
The applicant is solely responsible for ensuring that the terms he wishes to use in his domain name, among other things,
1) do not infringe third-party rights, in particular:
rights to intellectual property (copyright and/or patent rights),
the rules of competition and fair behaviour in business matters,
the rights to a person's name, first name or alias,
2) are not contrary to decency and public order and, in particular, do not include any term:
prohibited by the law of 29 July 1881 on the freedom of the press;
likely to be detrimental to the physical, mental or moral development of minors.
3) do not match with the name of a territorial community, as published by INSEE, except for the owners of a trademark corresponding to the same name, and registered before 1985.
Neither AFNIC nor the Internet service providers are able to perform a prior check of the appropriateness or legality of this choice or to check the legality or the conformity of the items submitted by the applicant as the basis for the registration application or application for any other administrative operation (K Bis extract, receipt from INPI or the prefecture, etc.).
AFNIC does not perform any search to determine the existence of prior claims to domain names but nevertheless remains responsible for the correct application of the naming charter. It therefore reserves the right to request supplementary information or additional guarantees to the Internet service provider concerning domain names and the legitimacy of its customer's applications.
The Internet service provider will have 15 (fifteen) days to reply to AFNIC's request. The information provided may be communicated to third parties in the event of dispute.
This provision in no way represents an obligation of supervision or vigilance on the part of AFNIC but instead is to be considered as an option which may be mobilized in exceptional cases.
Article 16 - Prohibited and reserved terms
AFNIC keeps an up-to-date list of the basic terms, which is divided in two parts:
prohibited terms which cannot be attributed due their nature, without the AFNIC's Board of Directors agreement, such as insulting, racist or obscene terms or terms relating to crimes or infractions;
reserved terms which can only be attributed under particular conditions bound by the owner identity and its rights, such as technical Internet terms, the names of regulated professions, terms relating to State functioning, the names of the countries that have signed the Paris Convention or terms used for international organizations as well as the names of the French cities as published by the INSEE (The National Statistical and Economic Studies Institute) in their canonical form (i.e. names reduced in their simplest form possible, without dash and apostrophe - example), their registration being subjected to the 3.1.2 Article of the Procedural Guide.
Except for the cities names, AFNIC may either include terms as it sees fit or in response to analysis application for the registration of a domain name.
The government may, via the Minister for Telecommunications, request AFNIC to include new terms in this list of basic terms at any time.
This list is subject to change and applicants are invited to consult it on-line. Because of the terms it contains, the list is not published in full and is communicated only to Internet service providers who may request it if a registration application is rejected.
For AFNIC, the list of basic terms does not constitute a duty of result.
Any dispute regarding a refusal to register a domain name that contains a term present in the list of basic terms must be addressed to AFNIC's Administrative Council which is alone authorized to grant justified waivers. Any such requests must be accompanied by supporting arguments.
Article 17 - Syntactic constraints
Alphanumeric terms consisting of the French characters A to Z, the digits 0 to 9 and the hyphen "-" are accepted as domain names.
Domain names cannot be registered if they:
consist of a single character;
consist only of two letters;
start or end with a hyphen "-";
are longer than 255 characters (63 between each ".");
start with "xn--".
Article 18 - Processing of administrative operations
Applications submitted to AFNIC are processed in chronological order on the basis of the date of reception of the applications.
The processing of all administrative operations is based on the "first come, first served" principle.
For technical reasons, no administrative operation relating to a domain name may be addressed directly to AFNIC.
Requests for administrative operations must be processed by the Internet service provider who acts as the interface between the applicant or owner and AFNIC.
Any natural person or legal entity wishing to register a domain name or implement a modification of whatever nature must choose an Internet service provider from the list of service providers maintained by AFNIC.
For each request, the Internet service provider must:
provide AFNIC with the items necessary for the identification of the applicant or the owner;
send to AFNIC, by fax or post, the documents supporting applications relating to second-level domain names in cases where such supporting documents are required.
Article 19 - Preregistrations
It is not possible to reserve a domain name whatever the type or reason for the request.
However, certain authorized organizations, a list of which is available here, offer a preregistration procedure.
The preregistration procedure that is set out and implemented by the said organizations makes it possible to preregister a domain name, that is to say block it for a period of 15 (fifteen) days, during which period the owner must choose an Internet service provider to finalize the registration application.
If this deadline expires without the owner completing registration of the domain name, the name becomes available to other applicants once more.
Article 20 - Periodic checks
AFNIC may decide that it is necessary to verify:
the conformity to the terms of the charter of registered domain names; the documentary information identifying the owner of a domain name.
In the event of such a check, AFNIC may request the Internet service provider to supply additional information or documentation, and in particular:
the standard AFNIC activity request; (or), any document containing references to the standard AFNIC activity request.
The Internet service provider then possesses a period of 30 (thirty) days to reply to AFNIC's request.
If no response is received, the domain name will be blocked for a further period of 30 (30) days and then removed if no response is received to AFNIC's request by the end of this extension period.
In case of an operation of change of provider , AFNIC can be asked by former Internet service provider to check the reality of this request from the holder of the domain name. This checking is begins when an e-mail is sent by the former Internet service provider to enquete-le@nic.fr (cf. procedural guide).
Article 21 - Relations between the domain name owner and the service provider
Due to the principles underlying its activity, AFNIC has no legal connection with the applicant or the owner of a domain name.
Under no circumstances can AFNIC be held responsible for the relations, whatever their nature, between the Internet service provider and its customers (applicant or owner).
In addition, AFNIC cannot be held responsible either for the list of Internet service providers or for their technical capabilities.
Article 22 - Orphaned domain names
If an Internet service provider should cease to be recognized by AFNIC for whatever reason and, more specifically, due to:
non-renewal of its annual agreement with AFNIC;
collective insolvency procedures;
cessation of activity in the domain in question;
cancellation of the agreement with AFNIC for whatever reason;
the domain names administered by the Internet service provider in question will be considered to be "orphaned domain names" and their owners will have to choose a new Internet service provider.
It is the Internet service provider's responsibility to give the affected owners among its customers prior notification of this state of affairs.
If the Internet service provider fails in this obligation, AFNIC will notify the owner's administrative contact by e-mail of the need to change Internet service provider.
The owner of the domain name possesses a period of 30 (thirty) days following the sending of the e-mail to undertake this task.
On expiry of this deadline, the domain name will be blocked for a further period of 30 (thirty) days and then, if the owner has still not chosen a new Internet service provider, the domain name will be removed without notification or compensation.
Domain names that have been blocked are identified by the entry "BLOCKED" in the Whois database.
Article 23 - Change of Internet service provider
The owner can change Internet service provider providing he respects his contractual obligations vis-à-vis the said Internet service provider.
He must choose a new Internet service provider and instruct the latter to make the necessary modifications.
The new Internet service provider must ensure that this technical change in no way affects the title to the domain name.
When AFNIC receives a request for a change of Internet service provider, it informs the former Internet service provider. Once informed, the Internet service provider has 15 (fifteen) days in which to challenge the instruction.
If the Internet service provider does not challenge this request to change provider within this period or if the Internet service provider gives its agreement, the change of provider is implemented within a period of 15 (fifteen) days.
If, within this period, the Internet service provider challenges the request to change provider then the procedure is suspended for a maximum of 6 (six) weeks.
The provider may agree to the request to change provider at any time during the 15 (fifteen) day period set out above.
Article 24 - Technical and/or administrative modifications
Administrative modifications consist of modifying administrative information with the exception of the owner of the domain name and the items relating to his identification.
Technical modifications consist of modifying the DNS servers on which the domain name is installed without this affecting the Internet service provider.
Article 25 - Invoicing relating to the domain name
The right to use a domain name is dependent on the payment of:
the cost of creation;
the cost of annual maintenance for each calendar year;
the costs relating to AFNIC's activities.
All activities performed by AFNIC will be invoiced as administrative operations with the exception of:
technical and administrative modifications;
the registration of a new domain name demanded by AFNIC either following its use of its right to withdraw a domain name or as a result of the removal of a second-level descriptive domain;
requests for removal.
However, it should be remembered that the cost of any registration that results in the removal of a domain name due to inadequate identification remains payable to AFNIC.
The costs of AFNIC activities as invoiced to the Internet service providers are fixed by AFNIC's Administrative Council for each calendar year.
These costs are public and accessible here.
The Internet service providers are free to set their own tariff levels.
Invoices are sent to and paid by the Internet service provider.
Costs relating to registration are payable to AFNIC as of the technical setup of the domain name.
The cost of the annual maintenance fee is payable to AFNIC one year after the last fee-paying administrative operation relating to the domain name.
The cost of an administrative operation is payable to AFNIC as of its completion.
AFNIC cannot be held responsible for failures to pay for its activities on the part of Internet service providers which may have an effect on the administration of the domain name. Any contestations or disputes arising from such matters fall exclusively within the framework of the relations between the Internet service provider and its customer.
Article 26 - Confidentiality
All the information held by AFNIC, with the exception of information accessible via the Whois database, is considered to be confidential.
AFNIC will not disclose any information that is not published in the Whois database unless requested so to do via legal channels or within the framework of the implementation of an alternative procedure for the resolution of disputes. Within the framework of the implementation of an alternative procedure for the resolution of disputes, AFNIC will supply the body to which the dispute has been submitted or the person designated by it with all the information in its possession and, in particular, information relating to the contested domain name and, if possible, a list of the domain names registered by the owner who is the subject of the procedure.
Article 27 - Domain name reference database and qualification
AFNIC is responsible for managing and maintaining the domain name reference database for the zones entrusted to it.
AFNIC defines the technical conditions for the operation of this database and the associated services, in particular the DNS Service and the Whois Service.
AFNIC progressively implements a program known as "qualification" opposable to all the holders of which characteristics are defined here.
This program is intended to allow the netsurfers to get quickly and easily information relating to the holder of a domain name and relating to the public electronic database used for its identification.
However, it cannot be held responsible for any technical problems relating to the functioning of the Internet itself or to the possible suspension of service resulting from incidents beyond its control or from maintenance operations like accessibility of Whois base and/or the qualification program.
Article 28 - Personal data
The Whois database has been declared to the National Commission for Informatics and Freedom.
The duly identified owner of a domain name has the right to access the information relating to him.
He also has the right to request corrections via his Internet service provider who may request an administrative change at any time. AFNIC does not issue any invoices in respect of such operations.
To be of value, the Whois database requires that all information relating to domain name owners, whether natural persons or legal entities, and their administrative and technical contacts must be published on-line and available to all.
Owners of domain names under .nom.re may avail themselves of the "Restricted Publication" option.
When this option is selected, no personal information (name, address, telephone number, fax number and e-mail address if appropriate) is published on-line in the Whois database. Instead, only technical information is listed (technical contact - name and address of the Internet service provider and the DNS servers). However, the information must be communicated to AFNIC in the event of a corresponding judicial decision and/or the implementation of an alternative procedure for the resolution of disputes.
Article 29 - Responsibility
The applicant is solely responsible for the accuracy and completeness of the information he communicates to the Internet service provider. He is required to respect the rights of others and, in particular, intellectual property rights. To this end, he is expressly invited to perform the necessary checks and search for prior claims to domain names before proceeding with the registration of a domain name.
The Internet service provider is solely responsible for the appropriate technical processing of the request for an administrative operation by AFNIC and, in particular, for the data it records in its computer systems and its correct forwarding to AFNIC.
The Internet service provider will, when so requested by AFNIC, provide AFNIC with all the information relating to the request for an administrative operation.
AFNIC has the task of attributing domain names in the public interest on the basis of non-discriminatory, published rules.
As far as the technical database and Whois database are concerned, AFNIC is obliged to make available the appropriate resources and cannot be held responsible for errors, omissions, access failures, modifications or removals due to events beyond its control, unforeseeable circumstances, fraud or due to the reception of incorrect information.
Article 30 - Guarantee
The owner guarantees AFNIC against any action, complaint, claim or challenge on the part of any person invoking a right, of whatsoever nature, in respect of a domain name, or due to the consequences of a registration or transmission operation.
In consequence, the owner will be responsible for the payment of any compensation or interest imposed on AFNIC as the result of a dispute, preliminary hearings or any other proceedings, including the costs resulting from the defence of its interests inclusive of lawyers' fees.
He will also be responsible for the cost to AFNIC of implementing the corresponding judicial decision or settlement.
Article 31 - Freezing of operations
A domain name may be subject to the freezing of operations on the following assumptions and without this list being exhaustive: :
in the event of a judicial decision ordering the freezing of operations. This decision may be immediately enforceable or possess the full force of law as detailed in the article relating to the forced transmission of a domain name or order on request ;
as soon as an alternative procedure for the resolution of disputes is undertaken.
The freezing of operations results in the cancellation of all operations currently being processed by AFNIC together with the corresponding tickets.
Operations are unfrozen on termination of the legal proceedings or the alternative procedure for the resolution of disputes.
Domain names for which operations have been frozen are identified by the entry "FROZEN" in the Whois database.
Article 32 - Blocking of a domain name
AFNIC will block a domain name whenever it identifies an infringement of the terms or the spirit of the present charter and in particular, but not exclusively, in the event of the following:
if verification is unsuccessful;
if no response is received from the administrative contact;
if the e-mail address of the administrative contact and/or the owner are not operational;
if the domain name is orphaned (see article 22) ;
in the event of a judicial decision ordering the blocking of the domain name. This decision may be immediately enforceable or possess the full force of law as detailed in the article relating to the forced transmission of a domain name.
Domain names that have been blocked are identified by the entry "BLOCKED" in the Whois database.
Article 33 - Removal of a domain name
For technical reasons, this request is irreversible.
Once removed, the domain name becomes available again and can be registered by a new applicant.
A domain name can be removed at the owner's request, submitted to AFNIC via the owner's Internet service provider. No justification is requested.
A domain name may be removed if no response is received to the corresponding request following a blocking period of 30 (thirty) days.
In the event of an emergency, a domain name may be removed without prior notification if so decided by AFNIC's Administrative Council.
A domain name may be removed following a judicial decision or within the framework of an alternative procedure for the resolution of disputes.
Article 34 - Alternative procedures for the resolution of disputes
The owner of a domain name undertakes to participate in the alternative procedures for the resolution of disputes relating to domain names subject to the conditions defined in the corresponding regulations that are accessible here.
It is important to state that AFNIC will not intervene in any way whatsoever in any of the implemented procedures and cannot be held responsible either for the actions of the specified bodies or for the decisions made by them.
These procedures relate exclusively to disputes between an owner and a third party concerning the registration of domain names and under no circumstances to disputes concerning AFNIC's liability or that of any Internet service provider.
For its part, AFNIC undertakes to apply the decisions resulting from the alternative procedures for the resolution of disputes within the specified period.
Contrary to the principle of non-retroactivity, the application of decisions resulting from alternative procedures for the resolution of disputes apply to all already registered domain names.
Article 35 - Voluntary transmission of domain names
Domain names may be transferred subject to respect for the terms of the naming charter for .re and, in particular, the requirements relating to identification which in such cases are subject to a preliminary check by AFNIC.
No voluntary domain name transmission operation will be validated by AFNIC unless the new owner is able to provide proof of acceptance by the former owner.
This acceptance takes the form of the former owner's signature of the AFNIC voluntary transmission form available here.
In the event of compulsory liquidation or any other collective insolvency procedure, the AFNIC voluntary transmission form must be signed by the designated administrator.
Article 36 - Forced transmission of a domain name
AFNIC will undertake the forced transmission of domain names following:
decisions made within the framework of an alternative procedure for the resolution of disputes;
a judicial decision, under the following conditions:
Following a bailiff's notification to AFNIC by the most diligent party of an immediately enforceable judicial decision in application of article 514 of the new Civil Procedure Code together with proof that the party has been informed of the decision;
(Or)
Following a bailiff's notification to AFNIC by the most diligent party of an immediately enforceable judicial decision in application of article 515 of the new Civil Procedure Code, with proof that the party has been informed of the decision and on presentation of proof of any surety settlement ordered by the judge in application of article 517 of the new Civil Procedure Code;
(Or)
Following a bailiff's notification to AFNIC by the most diligent party of a judicial decision possessing the force of law within the meaning of article 500 of the new Civil Procedure Code, for which proof will be provided. Depending on the circumstances, this proof may, for example, consist of the submission of a certificate of no appeal or of notification of the appeal judgement.
If a judicial decision or a decision resulting from an alternative procedure for the resolution of disputes is reversed, AFNIC will implement the newly instructed administrative operations under the same conditions.
AFNIC is not able to act on requests that do not respect these conditions and, due to the position of strict neutrality to which it is committed, cannot be bound by the dispatch of letters, summons or copies of writs.
The administrative operations undertaken by AFNIC in the application of judicial decisions cannot under any circumstances be interpreted as an acceptance of responsibility and the applicant guarantees AFNIC against any recourse.
In all cases, the applicant must comply with the requirements of the charter within a period of 30 (thirty) days following transmission of the domain name. On expiry of this deadline, the domain name will be blocked for a further period of 30 (thirty) days after which, if the applicant has failed to comply with the terms of the charter, the domain name will be removed.
It belongs to the applicant, which profits from the decision thus made to proceed to all the procedure steps to AFNIC. He will be charged for the technical and administrative expenses related to a forced transmission, and may attempt to recover them from the former holder.
Article 37 - Agreement on proof
It is agreed that e-mails sent by AFNIC to service providers and/or the owner act as proof.
The same applies to the "tickets" exchanged between the service provider and AFNIC concerning the processing of a file.
In the event of a dispute concerning the date of reception and/or processing of an application, the information on AFNIC's servers will be considered authentic.
Article 38 - Modification of the charter
As the result of deliberations, studies and agreements between the various members and partners, the AFNIC naming charter for .re is subject to change.
Any new provisions will first be published on the AFNIC site and will be communicated directly to the Internet service providers whose responsibility it then is to notify the owners of the said modifications.
Glossary
"Administrative operation" - Generic term comprising all the administrative or technical operations performed by AFNIC with reference to a domain name.
"Administrative modification" - Operation consisting in modifying the administrative items (address, telephone number, fax, e-mail address, name of the administrative contact).
"Applicant" - Natural person or legal entity requesting the registration of one or more domain names or their transmission via an Internet service provider.
"Blocking" - Operation consisting of removing the domain name from the DNS service and making it inoperative. The domain name nevertheless continues to be present in the Whois database and continues to belong to the registrant. The blocked domain name cannot therefore be registered by a third party.
"DNS" - Domain Name System (or Service). Distributed database that makes it possible to register Internet resources (computer, router, etc) in the form of a domain name (e.g: afnic.fr) and associate this with an IP address. The Internet Protocol thus ensures conversion between the domain names and the IP addresses of the machines connected to the Internet. Without the DNS, it would be necessary to remember site addresses or e-mail addresses in the form of the domain's IP address (i.e. as a sequence of digits. For example: mon-contact@192.134.4.35).
"DNS server" - Alternatively, Name Server (NS). Server used to host one or multiple domain names. There are two types of domain name server: primary server and secondary server.
"Domain name" - Alphanumeric term consisting of a root and an extension.
"Freezing of operations" - Operation consisting in preventing any modification regarding a domain name. This operation does not change the functioning of the domain name (access to the site, e-mail addresses, renewal etc).
"Holder" - Alternatively Registrant. Natural person or legal entity who has registered or is maintaining one or more domain names.
"IP address" - "Internet Protocol Address", also referred to as "Internet Address" - Unique address making it possible to identify a resource (computer, router etc.) on the Internet. This address consists of a sequence of digits.
"Internet service provider" - Provider of technical services that has signed an agreement with AFNIC and which is responsible for processing its customers' requests (its customers being applicants or registrants). The list of Internet service providers is available here (providing that the Internet service provider has agreed to appear in the list)
"Naming" - Policy for the attribution of domain names that varies as a function of the bodies authorized to manage Internet namespaces (.fr: AFNIC, .uk: Nominet, .com: Verisign, etc.).
"Naming zone" - Set consisting of a top-level document and one or more second-level domains.
"Orphaned domain name" - Name of a correctly registered domain name which is no longer maintained by an Internet service provider.
"Pre-emptive right" - The pre-emptive right consists in integrating a domain name into the list of basic terms on reception of a registration application and thus of preventing the registration of the said name.
"Procedure guide" - Document detailing all the technical items relating to the conduct of administrative operations for domain names.
"Removal" - Operation consisting in removing the name from the DNS service and the Whois database with the result that the domain name, which is no longer working, becomes available again and can be registered by a new registrant.
"Right of withdrawal" - The right of withdrawal consists in withdrawing a held domain name from a registrant for valid reasons and without compensation.
"Status" - State defining the possible actions on a domain name and the functioning of the domain name. There are currently 3 status:
ACTIVE: the domain name is declared in the DNS (fully operational)
FROZEN: the domain name is declared in the DNS but any administrative and/or technical operation is possible
BLOCKED: the domain name is no more declared in the DNS; it is no more functional and no administrative and/or technical operation is possible.
"Technical modification" - Operation consisting in modifying the technical parameters relating to DNS servers.
"Ticket" - Electronic message making it possible to follow the progress of an administrative operation undertaken by AFNIC.
"Transmission" - Technical and administrative operation performed by AFNIC consisting in transferring a domain name from one registrant to another.
"Unsuccessful check" - Check conducted by AFNIC that does not make it possible to identify the registrant, in particular in cases where the communicated information is not present in the public databases or when this information differs from the communicated data or when these databases are inaccessible for whatever reason.
"Whois" - Contraction of "who is?". Service making it possible to search the registration databases in order to obtain information concerning a domain name or IP address. These public reference databases publish the physical contacts associated with the domain name or IP address (administrative contact, technical contact and, possibly, billing contact). Although not essential for the operation of the Internet as such, the administrative database "Whois" is, in practical terms, available for all extensions. The way it is managed and the formats used differ greatly from case to case. It makes it possible to locate and contact the persons responsible for a domain name or address if required, in particular in the case of disputes.