|IT-Право Республики Молдова|
to the Decision of the Administration Board
of the National Agency for Regulation in
Telecommunications and Informatics
No. ___ of 30.12.2005
to the Regulations on the Management of Names in the Top-Level Domain .md
The Regulations on the Management of Names in the Top-Level Domain are amended as follows:
1. Pt.1.4 after paragraph 2 is completed with the following paragraphs:
- Premium Sub-Domain Name - level two domain name in the top-level domain .md that has a general connotation;
- Auction - procedure of selling sub-domains by electronic auction.
2. Paragraph 3 of pt.1.4 is completed as follows:
- Management of Domain Names - determining the rules of use of the domain name, organization and delivery of maintenance services, and cashing of payment for the delivered services.
3. In paragraph 1 of pt.2.1, the words “of Transports and Communications” are replaced with the words “of Information Development”.
4. In p.2.1.1, after the word “Appoints”, the following phrase is included: “as convened with IANA (ICANN)”
5. To exclude p.2.2.1; „p.2.2.2. and p.2.2.3.” shall become „p.2.2.1. and p.2.2.2.” respectively
6. Pt.2.3 - 2.3.3 is amended entirely and given the following wording:
„2.3. The Authority with functions of National Registrar and Management of Names in the Top-Level Domain .md is an enterprise in the field of Informatics resident in the Republic of Moldova appointed by the Ministry.
2.3.1. The National Registrar has the exclusive right to register/prolong, modify, or cancel sub-domain names in the top domain .md.
2.3.2. The National Registrar of names in the top-level domain .md has the following functions:
- Holds and runs the Register of Names in the top-level domain .md;
- Holds, runs, and ensures the functionality of servers of domain names (primary and secondary DNS);
- Determines the sub-domains in the top domain .md mentioned in Annexes I and II, the registration in which is performed free of charge, and approves them with the Ministry;
- Determines the sub-domains of the top domain .md with the title of premium-name;
- Assigns, registers, updates, revokes, and modifies the registration data of names in the top-level domain .md;
- Supervises the activity of dealers, provides assistance, and performs methodological checking of names in the top-level domain .md;
- Participates in conflict settlement;
- Runs international activity in the management of names in the top-level domain .md, according to the authority delegated by the Ministry.
2.3.3. The National Registrar of names in the top-level domain .md is responsible for the observation of IANA/ICANN regulations and provisions of the present Regulations.
7. Sub-point 2.4.8 is given in a new wording:
„2.4.8. Carries out all the operative instructions issued by the National Registrar with a view to fulfilling the provisions of the Regulations and the agreement”
8. Pt. 2.4 is completed at the end with a new sub-point in the following wording:
“2.4.9. The dealer with exclusive rights of activity on a territory must perform at least 100 new registrations for each country per month, otherwise, the exclusivity is withdrawn”
9. Chapter III is given in a new wording as follows:
„Chapter III Principles and Way of Sub-Domain Registration, Prolongation, Modification, or Cancellation
3.1. The registration, prolongation, modification, or cancellation are performed pursuant to the recommendations ICP-1 and RFC1591 - Internet Domain Name System Structure and Delegation (ccTLD Administration and Delegation)
3.2. A Registrant may hold several sub-domain names.
3.3. The sub-domain name is registered and prolonged for at least one year.
3.4. The registration activity for purposes of blackmail or seizing of trademarks or intellectual property is prohibited.
3.5. Trademarks are registered in the applicant’s name only upon the submission of the certificate confirming the right to the trademark.
3.6. The Registrant is personally liable for illegal registration of a trademark or intellectual property under the law.
3.7. The National Registrar has the right to revoke the name according to the present Regulations, IANA/ICANN Regulations and „WIPO ccTLD Best Practices for the Prevention and Resolution of Intellectual Property Disputes” (World Intellectual Property).
3.8. The cancellation of a sub-domain name in the Database is performed if:
- The provisions of point 5.5 of the present Regulations are violated. In this case, the National Registrar liquidates the registration of the corresponding sub-domain, depriving the Registrant of the right to recover it;
- The Registrant does not pay fees for the delivered services within the established terms;
- Upon request, in written by the sub-domain owner;
3.9. Domain data registration, prolongation, and modification procedure:
- The Registrant submits the registration or prolongation application, filling in the form available on webpages www.molddata.md and www.register.md;
- The Registrant receives the pro-forma invoice with payment instructions by facsimile or e-mail;
- The Registrant confirms the payment according to invoice instructions;
- The domain shall be registered, prolonged, or modified only after the integral payment is performed, including the VAT;
- The payment can be carried out by:
a) Bank transfer;
c) Postal money order;
d) Bank card.
3.10. The modification of data of a level two sub-domain in .md:
- The Registrant must check the contents of the data of contact persons before sending the application for modifications in the “whois” database;
- The application for modifications pursuant to the contact people modification form and a clear copy of the identity card of the applicant for modifications are sent by facsimile or e-mail, and the original application is sent by post afterwards. The application for modifications cannot be submitted on-line;
- Applications for modifications are not processed, if, sent by fax, they do not have the letterhead and the seal of the holder of the right to use the domain name, and a clear copy of the identity card of the applicant for modifications;
- The applications by facsimile sent by a firm or person other than the holder of the sub-domain name are not processed;
- Upon the change of the contact persons or data, the applicant must send an application for modifications by facsimile or post.”
10. Chapter IV is given in the following new wording:
„Chapter IV Tariffs
4.1. The registration and maintenance of sub-domain names in the top domain .md are shown in Annexes I and II and are made free of charge.
4.2. The services of registration and maintenance of sub-domains names, except for those listed in Annexes I and II are rendered by the National Registrar for a fee, according to current tariffs.
4.3. For legal entities and individuals in Moldova, the payment is made in lei at the exchange rate of the National Bank of Moldova as of the date of the invoice.
4.4. Premium sub-domain names can be sold at a higher or lower price than the established fees.
4.5. The National Registrar can carry out an open electronic auction for the sale of sub-domain names. Any Registrant with the sub-domain name that legally belongs to him/her can participate in the auction.
4.6. Dealers make their payment in compliance with article 2.4.7. of the present Regulations.
4.7. Tariffs on the registration, maintenance, and management of sub-domain names in the top-level domain .md are established by the National Registrar at the beginning of the year and published in the Internet at www.molddata.md and www.nic.md.
11. In p.5.3., after the word “signed”, the following words are included: “with the National Registrar”
12. Pt. 5.5 is given in the following wording:
„5.5. It is prohibited to maintain or manage sub-domain names, including links to other sites that contain obscene or offending information and pictures libelling the Republic of Moldova or other states, or call to violence or can damage the image of the Republic of Moldova internationally, as well as to use them for purposes and activities prohibited by the legislation of the Republic of Moldova and international conventions.”
13. Annex 1 is modified as follows:
a) The title of the annex is given in the following wording: “The LIST of sub-domain names assigned to public authorities registered free of charge”.
b) In the first paragraph of the annex, the word “of the names” is replaced with the words “of these names” and then according to the text.
c) After point 4, points 5 and 6 are added:
d) In the last line of the annex, the word “are” is replaced with the words “may be” and then according to the text.
14. The word “JUDETS” in Annex 2 is replaced with the word “RAYOANS”.