Regulations for .pl domain names dated December 18, 2006. (in the wording in force from December 1, 2015).
- The Regulations specify the terms and conditions for the provision of services by NASK in the maintenance of names in the .pl domain.
- Terms used in the Regulations shall mean:
- NASK – the Research and Academic Computer Network, a research institute with its seat in Warsaw, entered in the Register of Entrepreneurs of the National Court Register under number 0000012938. Detailed data of NASK are available on the NASK website, i.e. at www.dns.pl.
- Regulations – these Regulations.
- Domain Name – a sequence of characters in the .pl Domain. The characters that may make up the Domain Name, their number and the conditions for their placement are specified on the NASK Website.
- .pl Domain – one of the domains of the worldwide domain system, entered in the Internet Assigned Numbers Authority database, corresponding to the two-letter designation of the Republic of Poland, according to the standards used by the Internet Assigned Numbers Authority.
- Partner – an entity bound with NASK by an agreement on cooperation in the scope of Administrative and Technical Support, which is included in the current list of Partners located on the NASK Website.
- Tenderer – an entity that, in order to conclude an Agreement, has submitted an Offer through the Partner.
- Subscriber – an entity that is a party to the Agreement with NASK.
- Offer – an offer to conclude an Agreement specifying the Domain Name, Subscriber, servers intended for the Maintenance of the Domain Name, and other data necessary to conclude and perform the Agreement, as specified on the NASK Website.
- Domain Name Maintenance – enabling Internet users to use the data specified by the Subscriber necessary for communication on the Internet and placed in the memory of the device intended for this purpose by NASK. The use occurs in response to requests received by this device, which come from Internet users.
- Administrative and Technical Support – a set of activities performed by NASK, necessary to maintain the Domain Name, which include, in particular, management of the data provided by the Subscriber and provision of systems for processing such data.
- Agreement – agreement between NASK and the Subscriber, which includes the Maintenance of the Domain Name. NASK’s services regarding Administrative and Technical Support are regulated by a separate agreement, concluded between NASK and the Partner.
- Change of Subscriber – the transfer of all the Subscriber’s rights and obligations under the Agreement to a third persone.
- Dispute – taking action by a third party before an Arbitration Court or other court, as provided by law, to protect its rights that may have been violated by the Subscriber as a result of the conclusion or performance of the Agreement.
- Change of Delegation – a change in the details of the servers designated for the Maintenance of the Domain Name.
- Court of Arbitration – one of the permanent courts of arbitration operating at the institutions, which are connected with NASK by agreements on cooperation in the field of Dispute resolution, indicated on the NASK Website.
- NASK Website – NASK’s website, available at www.dns.pl, dedicated in particular to matters relating to the Agreement.
II. CONCLUSION OF CONTRACT
- The Agreement between NASK and the Subscriber is concluded at the moment NASK accepts the Offer submitted through the Partner, but no later than at the moment the Domain Name Maintenance begins. The Offer, regardless of the form in which it was submitted to the Partner, is sent by the Partner to NASK in the form established between NASK and the Partner in a separate agreement.
- By submitting the Offer, the Tenderer assures that the data contained therein are correct, and that the submission of the Offer and execution of the Agreement do not result in violation of third party rights or the law, including in particular that the Domain Name will not be used for malware distribution, botnet management or phishing.
- NASK shall not investigate whether, by entering into or performing the Agreement, the Subscriber violates the rights of third parties or any provisions of law. The execution of the Agreement does not imply the grant to the Subscriber of any rights related to the Domain Name, other than those expressly provided for in the Agreement, or that the Subscriber’s offer or performance of the Agreement does not violate the rights of third peaple.
- NASK may refuse to accept the Offer in particular when:
- The Tenderer has not fulfilled the technical conditions specified on the NASK Website,
- NASK is bound by an agreement for the Maintenance of the same Domain Name, which was indicated in the Offer, or the process of concluding such an agreement is underway, unless the Offer constituted an option within the meaning of separate regulations, published on the NASK Website.
III. PERFORMANCE OF THE CONTRACT
- NASK performs the Maintenance of the Domain Name for the Subscriber and provides Administrative and Technical Services for the Partner.
- NASK performs the Agreement and related activities based on the Domain Name and Subscriber data provided by the Partner. NASK places the Subscriber’s data so transmitted in the database of Domain Name subscribers publicly available through the NASK Website. NASK may request additional documents or information regarding data related to the Offer or the Agreement. In the case of natural persons, their consent to the posting of personal data is required, in accordance with applicable regulations.
- The Partner shall pay fees, in the amount and on the terms established in a separate agreement between NASK and the Partner. The amount of fees related to Administrative and Technical Service, is indicated in the statement of fees charged to Partners, published on NASK’s Website. The obligation to pay the fees is charged to the Partner, and the Subscriber is exempt from it.
- The Subscriber, through the Partner, shall notify NASK of any change of data concerning the Domain Name or the Subscriber. If the Subscriber fails to notify, NASK shall execute the Agreement and activities relating thereto using the existing data.
IV. COOPERATION WITH PARTNER
- The Subscriber agrees to perform Administrative and Technical Services for the Partner and to perform actions by the Partner regarding the Agreement, with the Partner’s actions or omissions having direct effect on the Subscriber. The Subscriber, by giving the consent referred to in the preceding sentence, shall be liable to NASK for the Partner’s actions or omissions related to the Domain Name to which the Agreement relates.
- Instead of the existing Partner, the Subscriber may, on the terms specified on the NASK Website, designate another Partner, giving the consent referred to in paragraph 11. Upon such change, the consent given to the existing Partner shall expire towards NASK.
- If the cooperation agreement on Administrative and Technical Support with the Partner to which the Subscriber has granted the consent referred to in Section 11 is terminated or expires, the Subscriber shall submit, in the form and by the date specified by NASK, a statement as to the continued validity of the Agreement, in particular as to the granting of such consent to another Partner on the terms specified on the NASK Website. During this period, Administrative and Technical Support is not performed. Failure to submit the statement in the form or by the date specified by NASK, or failure to grant the consent referred to above by such date, entitles NASK to terminate the Agreement by discontinuing the Domain Name Maintenance. The discontinuance of the Domain Name Maintenance may be preceded by a suspension of the Domain Name Maintenance, and in a situation in which the consent referred to above is granted during such suspension, the Agreement shall continue.
- NASK is not represented by the Partner, nor shall NASK be liable for the Partner’s acts or omissions
- NASK shall be liable to the Subscriber for damages resulting from non-performance or improper performance of an obligation by NASK, but the amount of damages shall be limited to fifteen times the value of the highest of the fees indicated in the list of fees charged to Partners, published on NASK’s Website on the date of initiation of proceedings for such damages. The limitation of liability does not apply in the case of damage caused by intentional fault, as well as in other cases specified by mandatory provisions of law.
- The change of the Subscriber shall be made through the Partner, subject to the circumstances referred to in Section 17 of the Terms and Conditions.
- If NASK is notified of a Dispute, the Change of Subscriber of the Domain Name to which the Dispute relates shall be withheld until the Dispute is resolved, but for no longer than one year from the date of NASK’s notification of the Dispute. This period may be extended by NASK provided that the party to the Dispute demonstrates that the Dispute has not yet been completed. Suspension of the Subscriber Change shall not affect the provisions of the Terms and Conditions regarding termination of the Agreement.
- The Change of Delegation shall be made through the Partner.
- Clauses 3 through 6 shall apply mutatis mutandis, except for Clause 6(b) with respect to the Change of Delegation.
- In the event that a third party applies to the Court of Arbitration against the Subscriber with a demand based on a finding that the Subscriber has violated the rights of such third party as a result of the conclusion or performance of the Agreement, the Subscriber shall deliver to the Court of Arbitration a signed transcript to the Court of Arbitration within the period specified in the request for signing such transcript.
- Failure to sign the record referred to in the preceding paragraph shall result in termination of the Agreement upon the expiration of a period of three months from the date set for signing the record, with this period being shortened to the date of termination of the Agreement pursuant to other provisions of the Rules, if this date falls before the end of three months from the date set for signing the record. If NASK is informed, during the period referred to in the preceding sentence, by the Arbitration Court that the signed transcript has been delivered to this Court, the effect of termination of the Agreement shall not occur. The provisions of this clause and the preceding clause shall not apply in cases specified by mandatory provisions of law.
- A final judgment of an arbitration court or a common court, stating that the Subscriber has violated the rights of a third party, shall constitute grounds for NASK to terminate the Agreement with that Subscriber without notice. Execution of the rulings and actions referred to in the preceding sentence may take place on the basis of procedures published on NASK’s Website.
- The Agreement is concluded for an indefinite period of time and may be terminated by the Subscriber without notice. The termination shall be effected through the Partner, subject to Section 13. In particular, the failure by the Partner to pay the fee referred to in Section 9 for the provision of Administrative and Technical Services after the first year of Domain Name Maintenance shall be considered as termination, subject to the second sentence in Section 26. NASK shall not require the Subscriber to pay such fees.
- NASK may terminate the Agreement with three months’ notice and in writing.
- Regardless of the reasons indicated in other provisions of the Regulations, NASK may terminate the Agreement without notice in case of breach by the Subscriber of the provisions of the Regulations.
- Discontinuation of the Domain Name Maintenance by NASK shall be equivalent to termination of the Agreement, however, actions regarding discontinuation of the Domain Name Maintenance may precede the suspension of the Domain Name Maintenance. In the case of payment by the Affiliate of the fee referred to in paragraph 9, concerning the provision of Administrative and Technical Support after the first year of the Domain Name Maintenance, during the suspension of the Domain Name Maintenance, which was a consequence of non-payment of such fee, the Agreement shall be continued.
- In the event that NASK determines that the use of the Domain Name Maintenance causes, may cause or affect the occurrence or development of a threat to the security or stability of the worldwide domain system or the .pl Domain, NASK is entitled to suspend the Domain Name Maintenance or Change of Delegation.
- Termination of the Agreement, is not a basis for NASK to refund in part or in whole the fees referred to in paragraph 9, and NASK will not require the Subscriber to pay any fees in connection with termination of the Agreement. NASK does not interfere in the issues of settlements between the Subscriber and the Partner.
IX. OTHER PROVISIONS
- The Tender and Subscriber shall bear the consequences of making false statements, providing incorrect, incomplete or untrue data to the Partner or NASK.
- In matters relating to the Offer or the Agreement, NASK may contact using the e-mail addresses provided by the Tenderer or the Subscriber. Correspondence sent to such address shall be deemed delivered. Correspondence of the Subscriber may be sent by fax or in the form of an attachment to a message sent using electronic mail, but NASK may require delivery of the document in original.
- The provisions of the Regulations do not violate the rights of consumers under the laws in force in the Republic of Poland.
- The Regulations shall constitute a part of the Agreement, but in case of any inconsistency between the provisions of the Regulations and the Agreement, the provisions of the Agreement shall apply. .
- The Subscriber shall be informed of changes to the Regulations in accordance with the provisions of law. NASK may, in particular through the Partner, inform the Subscriber about the change of the Regulations in electronic form. The amended Regulations are binding on the Subscriber if the Subscriber does not terminate the Agreement within 2 weeks from the date of notification of the amendment. The termination period of the Agreement in such case is 1 month. The provisions of this section do not affect other provisions of the Terms and Conditions regarding termination of the Agreement.
- The Regulations as hereby amended shall be effective as of December 1, 2015, provided that with respect to a Subscriber bound by an Agreement on that date, the Regulations as hereby amended shall, unless the Agreement is terminated in accordance with Section 33, be effective as of the date indicated above or the date resulting from Section 33, whichever is later. With respect to a Subscriber bound by an Agreement covering the performance of Administrative and Technical Services on its behalf, the Regulations in the present wording shall enter into force under the terms and conditions specified above, provided that the Subscriber has first granted the consent referred to in Section 11 above to perform Administrative and Technical Services on behalf of the Partner, such consent being granted under the terms and conditions specified on the NASK Website (hereinafter: “Partner’s Choice”). In a situation where the Partner Selection is not made before December 1, 2015, the provisions of Section 35 shall apply
- The use of Administrative and Technical Services provided by NASK to the Subscriber shall be possible only until the end of the billing period applicable to such Subscriber, as determined on the basis of the Price List, and commenced before December 2, 2015. Failure to make Partner’s Choice before the expiration of the aforementioned period shall entitle NASK to terminate the Agreement by discontinuing the Domain Name Maintenance, such termination may be preceded by discontinuance of the Domain Name Maintenance after the expiration of the aforementioned period. In the event a Partner Election is made during such discontinuance, the Agreement shall continue and the Terms and Conditions as amended hereby shall become effective with respect to such Subscriber upon such Partner.
- Independent of the foregoing, the provisions of clauses 34-36 with respect to Subscribers bound by the Agreement shall be effective as of the date resulting from clause 33 of the Regulations, unless the Agreement is terminated in accordance with the provisions of that clause.
- In matters not regulated by the Regulations and the Agreement, the provisions of the laws of the Republic of Poland shall apply. Disputes within the scope of obligations resulting from the Agreement between a Subscriber, who has a place of residence or registered office outside Poland, and NASK will be resolved by common courts appropriate for the registered office of NASK.