*Domain Name Registration
Agreement
*The
public Announcement of Starting TW English S econd Level Domain
Name Registration Service
*
Taiwan Network Information Center Registration Policies and Rules for
Top-Level Domain Names in the Chinese Characters
*Taiwan Network Information Center Domain Name Registration Policies and Regulations
Approved by the Domain Name Committee, April 4, 2003
Revised by the Domain Name Committee, May 20, 2005
[Translation]1
Chapter I, General
Article 1
These Guidelines are promulgated in accordance with Article 7 of the “Supervision and Guidance Regulations for Administration of Internet Protocol Address and Domain Name Registrations” (hereinafter referred to as the “Regulations”) as promulgated and announced by the governmental authorities.
Article 2
The term “administration of domain name registrations” (hereinafter referred to as the “Services”) as used in these Guidelines shall mean services to be provided by Taiwan Network Information Center (hereinafter referred to as “TWNIC”), authorized by the governmental authorities, and the international authorities to take charge in the administration of registrations for domain names belonging to the “.tw,” or 
top level domain, to maintain the normal operation of the domain name system and to provide other services relating to administration of domain name registrations.
Article 3
All Services shall be provided in a manner comply with the provisions
of these Guidelines, unless otherwise provided in the Telecommunications
Act, the Regulations and other related laws and regulations.
Article 4
No customer shall use the Services provided by TWNIC for purposes
other than those specified in these Guidelines without the prior
written consent of TWNIC.
Chapter II, Content of the Services
Article 5
Scope of the Services as provided by TWNIC includes the followings:
1. Specific domain names in alphabets: “edu.tw”, “gov.tw”, “com.tw”,
“net.tw”, “org.tw”, “mil.tw”, “idv.tw”, “game.tw”, “club.tw”,
“ebiz.tw” and other domain names as examined and released by
the Domain Name Committee of TWNIC.
2. Specific domain names in Chinese characters: 
and other domain names as examined and released by the Domain
Name Committee of TWNIC.
3. Generic domain names in alphabets: Non-specific domain names
in alphabets, as the second level domain name by themselves.
4.
Generic domain names in Chinese characters: Non-specific domain names in Chinese characters, as the second level domain name by themselves.
5. and top-leveled domain names: All domain names with or as their top level country code.
6.Other domain names as examined and released by the Domain Name Committee of TWNIC.
Article 6
Anyone who qualifies the required conditions as announced by
TWNIC may apply to register a domain name by online signing
the “Domain Name Registration Agreement” and providing information
pertaining to the required conditions as announced by TWNIC
that apply to such domain name.The same shall apply when registration
of a domain name is renewed or when information as registered
is updated.
Applicants shall provide true complete and accurate information.
TWNIC may request the applicant to submit documentations for
examination purposes when necessary. TWNIC shall have the right
to cancel a domain name registration at any time when the provided
information is found incorrect.
Article 7
TWNIC may authorize registrars to undertake the Services.
In no case shall TWNIC be responsible for the conducts of registrars
that go beyond the scope of their authorization. Any matter
between a customer and a registrar that is irrelevant to domain
name registration, shall not be TWNIC responsibilities.
All conducts of the registrars in relating to the Services shall
comply with the Telecommunications Act, the Regulations and
these Guidelines.
Article 8
TWNIC shall have no responsibility in verifying the information
provided by customers. The customer shall be solely responsible
for any dispute or legal consequence due to its failing to provide
correct information.
Article 9
TWNIC shall have the right to use, in a manner complying with
the Computer-Processed Personal Information Protection Act and
other related laws and regulations, the information of customers
as it is registered with TWNIC, when such use is necessary in
TWNIC Services.
All customers agree to including into the WHOIS database, in
accordance with the regulations as promulgated by TWNIC, the
information provided by them in the application form, rendering
such information accessible in the internet.
Article 10
The registration of domain names shall follow the ”first come,
first serve” principle.
TWNIC shall have the right to establish technical restrictions
to characters, preserved domain names and other restrictions
to domain name registrations, applicable to particular categories
of domain name. TWNIC or registrars shall not dismiss a domain
name application, unless the domain name as applied for registration
is in conflict with any one of the above-mentioned restrictions
or preservations.
Chapter III, Fee Collection
Article 11
Fee collection policy for TWNIC’s Services in the registration,
transfer, termination, correction etc. of domain names or domain
name registrations shall be in a break-even basis. A fee schedule
shall be determined by the Service Rate Committee consisted
of experts, scholars etc. and shall take effects from an effective
date as announced in TWNIC website, after all required procedures
are completed.
Article 12
Any customer who wishes to use any of the Services shall agree
to all the conditions as provided in the “domain name registration
agreement” and shall pay all the fees in accordance with the
fee schedule as announced by the competent registrar.
Article 13
No customer shall request TWNIC or the registrars to refund
any fee for reasons other than those specified in the laws or
in these Guidelines.
Article 14
Fees for the Services shall be collected according to the fee
schedule as promulgated by TWNIC. The registrars shall not collect
a fee from customers in an amount greater than that provided
in said fee schedule.
Article 15
Fees for the Services shall be collected at an annual basis.
During the effective term of the Services, a customer may transfer,
terminate or correct a domain name registration pursuant to
the regulations established by TWNIC, unless otherwise provided
in the laws or in these Guidelines.
Article 16
The customer’s right to use a domain name shall commence on
the day when the related registration procedure is complete.
The registration procedure is complete in the preceding Section
shall mean the time point when the related registrar confirms
that the registrant has completed all registration procedures
and has paid all required fees, and notifies the registrant
via email that the related domain name is ready for use. The
registrar will give an email to registrants reminding him/her
to renew the registration by paying maintenance fee at least
90 days before the expiration of the effective term. If the
registrant fails to pay the maintenance fee before the expiration
date, the registrar shall freeze the Services to the domain
name. If the registrant further fails to pay the fee within
the following 30 days, the domain name registration shall be
terminated.
Chapter IV, Quality Assurance and Consumer Complaint
Article 17
TWNIC shall try its best to maintain the normal operation of
the systems and the equipments relating to the Services, to
facilitate the normal use of the domain names of the customers.
However, TWNIC gives no warranty, expressed or implied, to the
communication quality of the network system.
Article 18
If, during the effective term of the Services, an interruption
or a failure of the Services lasts for more than 24 hours continuously
due to reasons attributable to TWNIC, TWNIC shall announce a
term-extension policy in its website and shall automatically
extend the effective term of the Services with a term equal
to the term of such interruption or failure. In calculating
the term of such extension, a balance of less than 12 hours
shall be calculated as 0 day and a balance of 12-24 hours shall
be calculated as 1 day.
Article 19
If, during the effective term of the Services, an interruption
or a failure of the Services lasts for more than 48 hours continuously
due to reasons of Force Majeure (including act of God, turmoil,
interruption of services of telecommunications service providers
etc.), TWNIC shall announce a term-extension policy in its website
and shall automatically extend the effective term of the Services
with a term equal to the term of such interruption or failure.
In calculating the term of such extension, a balance of less
than 12 hours shall be calculated as 0 day and a balance of
12-24 hours shall be calculated as 1 day.
Article 20
In case TWNIC discontinues the Services for certain reasons,
it shall, after being approved by the competent authorities,
announce such decision at TWNIC website and in local newspapers
within 7 days from it determines to discontinue the Service,
and shall refund in ratio the surplus fees as prepaid by customers
pursuant to customers’ request made within 3 months from such
announcement. TWNIC shall not be responsible to refund any fee
after such 3-month period expires.
Article 21
In case TWNIC terminates its operation in the Services for certain
reasons, it shall try its best to support third parties that
are willing to take over the Services, such that the Service
may be provided continuously. However, TWNIC shall have no legal
responsibility for the conducts of such third parties. Customers
shall determine at their own risk whether they shall agree to
TWNIC’s termination of the Services or the provider of the Services
shall shift to a third party.
Article 22
All customers shall agree that, in case TWNIC terminates its
operation in the Services for certain reasons, customers who
fail to request refund of surplus fees pursuant to these Guidelines
shall be deemed agreed to TWNIC’s assigning its rights and obligations
with respect to such customers as a whole to a third party designated
by TWNIC, to which assignment the customers shall raise no objections.
Article 23
If a customer is not satisfied with the Services of TWNIC or
the registrar, the customer shall subject such complaint to
where he/she applied for the Services. If the complaint is not
duly processed or if the customer is not satisfied with the
solution as given, he/she may call the service hotline of TWNIC
and may process the complaint at TWNIC site. TWNIC will handle
the complaint in accordance with related laws and regulations,
depending on the substance of the complaint.
TWNIC service hotline: 02-2341-3300
Article 24
The data as stored in the computer system of TWNIC shall be
deemed true and correct information of the customer, so far
as the Services are concerned. Customers shall update such data,
so to avoid any damage being brought to their rights and interests.
Chapter V, Domain Name Dispute Resolution
Article 25
When applying for or renewing the registration of a domain name,
or when correcting the registration information of a domain
name, the registrant shall make the following declaration to
the registrar, and shall declare that the registrant guarantees
the truthfulness of, these declarations; otherwise the registrant
shall be solely responsible if a third party’s rights or interests
are damaged:
1. All statements as made in the application form are complete
and correct.
2. To the best knowledge of the registrant, the domain name
to be registered or as registered does not infringe a third
party’s rights and interests.
3. The registrant shall not register or use the domain name
for improper purposes.
4. The registrant shall not register or use the domain name
in a manner that maliciously breaches the related laws and regulations.
Article 26
All customers shall agree to subject all disputes with third
parties pertaining to the domain names as registered to them,
to the dispute resolution mechanism under the “Taiwan Network
Information Center Domain Name Dispute Resolution Policy” and
the “Rules for the Taiwan Network Information Center Domain
Name Dispute Resolution Policy” and other related regulations
(hereinafter referred to as the “Domain Name Dispute Resolution
Mechanism”).
The proceeding Section I shall not prejudice customers’ or third
parties’ right to subject such disputes to competent courts
for relief.
Article 27
TWNIC shall transfer or terminate a domain name registration
in accordance with the Domain Name Dispute Resolution Mechanism,
if an expert chamber so decides. The customer shall not bring
a lawsuit against TWNIC at any rate; provided, however, that
the customer may commence a litigation to suspend the enforcement
of such a decision, in pursuant to the Domain Name Dispute Resolution
Mechanism.
Chapter VI, Transfer, Termination and Correction of Domain
Name Registrations
Article 28
Unless otherwise provided by the Domain Name Dispute Resolution
Mechanism, a customer shall have the right to transfer, terminate
or correct his/her domain name registration.
Article 29
In the transfer, termination or correction of a domain name
registration, the customer shall submit to where he/she applied
for such registration documents that are sufficient to prove
its identity and provide required information as announced by
TWNIC.
Article 30
TWNIC shall have the right to terminate a domain name registration,
when the customer deceases and no successors are found or when
the customer’s legal position as juristic person is terminated.
TWNIC shall have the right to terminate a domain name registration,
if the customer breaches any of these Guidelines, the “domain
name registration agreement” or other related regulations.
Chapter VII, Addenda
Article 31
For matters that are not specified in these Guidelines, the
related guidelines and regulations of TWNIC and related laws
and regulations shall apply.
Article 32
These Guidelines shall come to effect from their publication
date. Same shall apply to revisions thereof.
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