Announcement: SIDN to change General Terms and Conditions for .nl Registrants and Complaints and Appeals Regulations with effect from 1 October 2009

SIDN logoAny stakeholder may comment on the proposed changes.

[news release] With effect from 1 October 2009, SIDN intends to make certain changes to the General Terms and Conditions for .nl Registrants and the Complaints and Appeals Regulations.

General Terms and Conditions For the most part, the planned changes to the General Terms and Conditions imply little or no material change to the rules governing the registration of domain names. The majority of changes are intended simply to make the T&Cs clearer, particularly with regard to the role of the Complaints and Appeals Board. One material change that is proposed is amendment of the T&Cs to allow SIDN’s address to be used as a domicile address. An article is also to be added allowing SIDN to remove a domain name from the zone if it has been reported in accordance with the Notice and Take Down Code and SIDN believes it is being used for an unlawful or criminal purpose. This change will bring SIDN’s procedures into line with the industry-wide Notice and Take Down Code, which SIDN helped to develop. It is additionally the intention to insert a reference to the new mediation service. Further details of the mediation arrangements will be published on SIDN’s website shortly. The proposed changes are summarised below. To see the precise wording of the changes, open this document.

Complaints and Appeals Regulations

The Complaints and Appeals Regulations are to be updated at the same time as the General Terms and Conditions. The amendments mainly involve minor procedural changes. To see the precise wording of the changes, open this document.

Feedback welcome

By announcing the proposed changes now, we are giving everyone the opportunity to respond to the plans. Anyone with a stake in this matter is welcome to comment on, ask questions about, or raise objections to the proposed changes by e-mailing support@sidn.nl (Subject: Change General Terms and Conditions). All feedback received before 25 August 2009 will be taken into account when we finalise the updated versions of the two documents.

The changes

The planned changes to the General Terms and Conditions may be summarised as follows:

Registrants outside the Netherlands to be allowed to use SIDN’s registered office address as a domicile address

  1. Article 1.1: domicile address to be used only for writs and other formal documents (i.e. not for ‘ordinary’ or ‘registered’ post any longer)..
  2. Article 19.2: idem

Notice and take down

  1. Article 21: new article to be inserted.
  2. Subsequent articles to be renumbered.

Generic improvements

  1. Article 1.2: a registrant is not able to do anything to ensure that ‘the full application procedure is followed’, so the T&Cs will no longer say that the registrant has a responsibility to do so.
  2. Article 1.3: T&Cs to be updated to reflect the current procedure for dealing with DNS errors.
  3. Article 1.5: wording to be clarified.
  4. Article 4.4: reference should be made to the registrar, rather than SIDN’s website, in connection with changes to the admin-c and/or tech-c.
  5. Article 6.2: passage to be updated to reflect what currently happens if a registrar does not pay for a registration.
  6. Article 7.1: passage to be removed, which duplicates a passage in article 3.3.
  7. Article 7.2 (old): passage to be removed, since point is adequately covered by article 13.
  8. Article 8: indemnification currently required from a registrant is more limited than intended; wording to be revised to reflect original intention.
  9. Article 11: the words ‘The procedure is described at www.sidn.nl’ are to be removed, because if a registrant’s details change, the registrant should contact the registrar, not SIDN.
  10. Article 12.1: wording to be clarified.
  11. Article 13.1: reference to article 7.2 to be removed, since the article is to be deleted.
  12. Article 15.4: repetition to be inserted of the fact (first stated in article 9, but also logical at this point) that a registrant change involves cancellation of the registration contract with the old registrant and closure of a new contract with the new registrant.
  13. Article 16: passage to be reworded to make it more logical, since the current wording has in practice caused considerable confusion; provision for less far-reaching sanctions is to be inserted, in line with the General Terms and Conditions for Registrars.
  14. Article 23.2 and 3 (after renumbering): passage to be updated to reflect current practice and to emphasise that an opt-out request has to be made through a registrar.

C&AB

  1. Article 1.4: reference to public order and decency to be moved to 19.6.
  2. Article 16: authority of the C&AB to be (partially) restored to what it was under the old regulations; passage also to be clarified.
  3. Article 19.5: independence of the C&AB to be emphasised.
  4. Article 19.6: reference to public order and decency to be inserted.
  5. Article 19.7: binding nature of C&AB decisions to be clearly stated.
  6. Article 19.8: relationship between C&AB and law courts to be clarified.
  7. Article 23.3 (after renumbering): C&AB to be identified as an appeals body.

Mediation

  1. Article 19.4: passage to be revised to describe mediation as currently available (as from 1 October 2009).

This SIDN news release was sourced from here.

Europe Registry logoTo register your .NL news release, check out Europe Registry here.