Regulations of Option for Registration of a Domain Name
The option to register a domain name (hereinafter "the option") means that the entity, which enters into an agreement with NASK to obtain the option for a domain name (hereinafter "the Agreement") under these Regulations, obtains a possibility to register this domain name.
This Agreement shall be effective for three years, after which time the option shall expire. The option shall expire also in case of termination of the Agreement.
The Agreement is concluded with participation of an entity, which is a party to the agreement with NASK for handling of registration and maintenance of Internet domain names and providing an option to register a domain name (the list of such entities is available on the website: https://www.dns.pl), hereinafter "the Registrar", on the day when NASK obtains, by means of the Registrar, the data necessary to grant the option to a person interested in obtaining it. The Registrar acts on behalf and for the entity obtaining the option.
The option is possible only in case of a domain name, which on the day of concluding the Agreement is maintained for benefit of a third party (a subscriber). The option does not apply to a domain name, if there is an ongoing dispute related to the domain name, as described in the Regulations on domain names dated 18th December 2006, published on the website http:///www.dns.pl/.
The entity obtaining the option can register the domain name only if:
a. the subscriber renounces further maintenance of the domain name;
b. the domain name is removed as a result of the failure to pay a fee due to NASK, unless provisions of the Regulations state otherwise.
Information about obtaining the Option shall be published on the publicly available Internet website https://www.dns.pl, but data concerning the person obtaining the Option may be disclosed only on a written request of the interested person, in accordance with the provisions of the Personal Data Protection Act.
The entity obtaining the option is obliged to check the https://www.dns.pl website on the current basis to verify, whether the domain name, it has obtained the option for, is available for registration for his benefit.
Information necessary to register the domain name, corresponding to the information required in the offer described in the Regulations referred to in the clause 4 above, should be transferred to NASK no later than within 14 days from the day, on which NASK publishes information on availability for registration of the domain name, which the obtained option applies to.
Activities such as obtaining the option, change of the Registrar, transfer of the option onto a third party, and then registration of the domain name are done automatically, strictly via Registrars.
The Agreement shall terminate upon registration of the domain name by the entity, which obtained the option, or upon ineffective expiry of the time mentioned in clause 8.
The fee for granting the option shall be determined by the Registrar, however regardless of the amount, the Registrar shall transfer to NASK the amount indicated on the publicly available website http:///www.dns.pl.
The fee paid for obtaining the option is neither refundable, also in case of termination of the Agreement, nor deductable from the fee for registration and maintenance of the domain name.
Granting the option does not mean granting any rights to the domain name. If any third party informs NASK about possible violation of its rights by the entity, which obtained the option, registration of the domain name shall be suspended until the dispute is settled, unless that third party fails to file the suit in the competent court against the entity, which obtained the option, or fails to enter the proceedings for amicable settlement of the dispute within a month from the day NASK is informed about the dispute.
The Agreement for the option shall terminate without the right for reimbursement of the fee on the day, when NASK receives information about the dispute as described in the Regulations, referred to in the clause 4 above. NASK notifies only Registrar about obtaining the information.
If NASK is served with a decision of a competent common court or an arbitration court, or with a settlement, the content of which states that the option violates rights of a third party, the Agreement shall terminate.
The option cannot be granted for a regional domain name, in the light of the Regulations, discussed in clause 4 above.
The Regulations shall become effective from 1st June 2004.