.pt terms&conditions
REGULATION FOR .PT REGISTRY
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Legal Deposit number 238398/06
Serviço de Registo de Domínios de .PT
Apartado 50366
1708-001 Lisboa
tel: 808 201 039
e-mail : request@dns.pt
URL: www.dns.pt
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ÍNDIX:
Preamble ------------------------------------------------------------------------------------ 3
Chapter I
Conditions for the Registry of Domains/Subdomains of .PT ------------------------ 5
Section I – General Conditions --------------------------------------------------- 5
Section II – Registry of Domains under.PT ------------------------------------ 10
Section III – Registry of Subdomains under .NET.PT ----------------------- 12
Section IV – Registry of Subdomains under .GOV.PT ----------------------- 13
Section V – Registry of Subdomains under .ORG.PT ------------------------ 14
Section VI – Registry of Subdomains under .EDU.PT ------------------------ 14
Section VII – Registry of Subdomains under .INT.PT ----------------------- 15
Section VIII – Registry of Subdomains under .PUBL.PT -------------------- 15
Section IX – Registry of Subdomains under .COM.PT ----------------------- 16
Section X – Registry of Subdomains under .NOME.PT ---------------------- 17
Section XI – Other Registries ---------------------------------------------------- 17
Section XII – Juridical verification and Appraisal ---------------------------- 18
Chapter II
Maintenance ------------------------------------------------------------------------------- 19
Chapter III
Changes ------------------------------------------------------------------------------------ 22
Chapter IV
Removals ----------------------------------------------------------------------------------- 23
Chapter V
Liability-------------------------------------------------------------------------------------- 25
Chapter VI
Advisory Council of DNS under .PT ---------------------------------------------------- 25
Chapter VII
Arbitration --------------------------------------------------------------------------------- 26
Chapter VIII
Final and Transitory Provisions --------------------------------------------------------- 27
Attach 1 – Support Documents -------------------------------------------------------- 28
Attach 2 – Price List ---------------------------------------------------------------------- 29
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PRAMBLE
The FCCN - Fundação para a Computação Científica Nacional (Foundation for
National Scientific Computation), is a private not for profit institution charged with
the responsibility of the management, registry and maintenance of the Domains
under .PT under the scope of the delegation made by the IANA - Internet Assigned
Numbers Authority (RFC 1032/3/4 and 1591), an organization replaced by the
ICANN- Internet Corporation for Assigned Names and Numbers.
The FCCN organises the space for .pt names through the use of classifiers designed
to distribute the .pt address space in such a way as to it facilitate the
accommodation of different kinds of institutions and sectors of activity. Therefore,
the registry of domains may be made directly under '.pt', or under one of the domain
classifiers (.pt sub-domains), '.net.pt', '.gov.pt', '.org.pt', '.edu.pt' , '.int.pt', '.publ.pt' ,
'.com.pt' or '.nome.pt'.
Only domains registered directly under the .pt or under one of the sub-domain
classifiers given in this document are regarded as official .pt domains.
The positive experience with the totally online registry in the classifier .com.pt and
the objective to make more simple and faster the registry in the remainder classifiers
and directly under .PT justifies the option to make available from the 1st of March
onward the online registry for all domains.
Following the best international practices, the prohibitions are limited in the registry
of Domains under .PT, namely in what relates to geographical terms.
At international level, the FCCN continues to have an active part, as both member
and protagonist, in meetings and workgroups of accredited organisations in the
scope of the Internet such as the ICANN and the CENTR - Council of European
National Top level domain Registries. Within the scope of the recommendations
made by these entities, the FCCN develops its work so as to guarantee, namely:
• The technical and administrative management of .pt Internet address space;
• The proper configuration and operation of the primary server in the DNS pt
zone;
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• The management of a database of registered domains, accessible
by the Internet;
• The provision of statistical data on .pt registered domains;
• The functioning of an independent body with a consultative function -
Conselho Consultivo de DNS pt (pt DNS Advisory Council) - with the
collaboration of institutions of recognised merit in the scope of the Internet
in assessing the service provided to the community, and in drawing up and
interpreting regulations for the Domain Registration Service.
Since more and more questions are raised regarding to domain names and
intellectual property rights, and as a consequence of international
recommendations, the FCCN:
• Maintains a policy looking for the prevention of speculation and misuse
connected to .pt domain names, in accordance with the best practices,
including recommendations from the World Intellectual Property Organization
(WIPO);
• Maintains a policy of out-of-court settlement - an arbitration procedure-,
which, according to the best practices, will grant procedural guarantees to
the parties involved and it will be applied without the prejudice of any other
possible legal action.
• Allows since the 1st of January of 2005 the Register of domain/subdomain
names with special characters of the Portuguese alphabet, as per the
international recommendations that point for the multilingual use of the
Internet.
The FCCN will continue to promote partnerships with entities so as to optimize
the management of domain registry, through the figure of agent of registry
(registrar), with facilitated rules of access.
The FCCN encourages also Internet users to send any suggestions they may have
connected to this document.
This document is available in electronic format at http://www.dns.pt/
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CHAPTER I
CONDITIONS FOR THE REGISTRY OF DOMMAINS/SUBDOMAINS OF .PT
SECTION I
GENERAL CONDITIONS
Article 1
Technical Conditions
1. It should be installed and configured a primary dns server and at least, one
secondary server being advisable the existence of two or more secondary servers.
2. Whenever technically possible, the different servers should be located in different
buildings and not using the same local network.
3. It should be guaranteed permanent access to the Internet to the servers, so that
these may be accessed at any moment.
4. The server should respond according to the convention rules established by RFC
819, 920, 874, 1032 to 1035 and 1101, as well as any other present or future
documents applicable in this context.
Article 2
Way of Registry
1. To register a domain/subdomain of .PT the interested may:
a) use the services of one of the Agents of Registry (Registrars) accredited by FCCN,
which may be found listed at www.dns.pt;
b) make the registry online , at www.dns.pt, obeying the specific conditions for each
hierarchy , according to the sections in this chapter.
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Article 3
Administrative Conditions
FCCN reserves for itself the right to make a posterior control as foreseen in section
XII of chapter I.
Article 4
Activation and Validity Time Limits
1. After the registry of the domain/subdomain, and the payment of the maintenance
value in the terms of art. 37 and the verification of the correct configuration and
connectivity of the servers, the domain/subdomain will be active in a maximum time
limit of 2 working days.
2. the domain keep active for the time for which the payment was made, expiring,
in case there is no wish for renewal, in the terms and for the effects as foreseen in
articles 37 and 38 of the present regulation.
Article 5
Responsibles for the Domain/Subdomain
The registry of a Domain/Subdomain implies the indication of the following contacts:
a) Owner – Singular person or collective entity that assumes the ownership of the
domain/subdomain. It is of its competence the choice of the domain/subdomain
name and assumes the full responsibility for it. The Owner may indicate an entity to
manage the respective process, or opt to assume, itself, these tasks. In case it is a
collective entity, it should also be indicated the complete name of a singular person
to contact in case of need. It is owner responsibility to proceed to all changes to the
data indicated as well as the removal of the domain/subdomain.
b) Management body of the domain/subdomain - responsible for the process of
registry/maintenance of the domain/subdomain, having simultaneously, the
administrative and technical responsibility of it. Because of this the entity must
indicate the full name of a person to contact in case of need, as well as the
information relative to people responsible for administrative and technical issues,
being to these that all necessary contacts will be made, in the terms and for the
effects of the following sub-paragraphs. As such, it is its exclusive responsibility to
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ensure that the information of the administrative and technical contacts is
permanently updated, having FCCN no responsibility for any contact difficulties
resulting from the non-updating of these contacts. The management may also be an
entity with the status of agent of registry (registrar) with the FCCN, as per the list
available at www.dns.pt.
c) Administrative contact – representative of the management body for the
treatment of the registry process, for administrative and billing related issues. It is its
full responsibility to ensure the correct registry procedure of the domain/subdomain,
namely in what refers to support documents and applicable payments. The
administrative contact will be duly notified of the problems of administrative and
financial nature that arise from the process of registry/maintenance of the
domain/subdomain.
d) Technical contact – representative of the management body indicated for the
treatment of technical issues. It is for him the technical administration of the names
within the domain/subdomain, being responsible for the behaviour of its hosts. He
should have technical knowledge, availability to receive and evaluated technical
reports on problems and, if it is the case, to take the necessary actions to solve
them. The technical contact will be duly notified of problems of technical nature that
are connected to the registry/maintenance of the domain/subdomain. It should be
possible to contact the technical contact through the mailbox indicated at the “SOA
resource record”, that therefore, should be active.
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Article 6
Contacts
1. The Service of .pt domain/subdomain Registry may be contacted with any request
of information or clarification or, in general, for any subject related to the process
attribution or management of domain names, being privileged the contact by e-amil
to request@dns.pt.
2. The Service of .pt domain/subdomain Registry may also be contacted by fax
number +351 21 844 0157 or by phone (blue line available only for Portugal)
number 808 20 10 39 (working time – working days, from 08:00 to 20:00, or by
regular post (DNS.PT, Apartado 50366, 1708-001 Lisboa).
(note: from abroad you may contact +351 21 844 0198 working days from 09:00 to
12:30 and from 14:00 to 17:30)
Article 7
Notifications/ Regularization Time Limits
1. Any non fulfilment, administrative and financial in the process of Registry of a
domain/subdomain, will be notified to its administrative responsible.
2. In case technical problems are detected in the domain/subdomain the technical
responsible will be notified.
3. In the cases foreseen in the points before, the notified responsible should, within
10 days, correct the pending situation under penalty that the process of registry of
the doomain/subdomain is archived.
4. FCCN will use electronic mail as way of contact with the various responsibles of
the domain/subdomain, resorting to other ways when the e-mail, is not available.
5. The notifications sent to the addresses indicated by the owner or by the
management body will be always considered as valid.
.
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Article 8
General Conditions for Name composition
1. Unless indicated otherwise, the name of the domain/subdomain to register should
have between 2 and 63 characters belonging to the following set:
0123456789abcdefghijklmnopqrstuvwxyz
2. The name of the domain may also contain th especial characters of the
Portuguese alphabet, due to its use of accents and graphic signs, as per the
following table:
á à â ã
ç
é ê
í
ó ô õ
ú
3. As separator between it is only accepted the character words «-» (hyphen), this
character may not be used in the beginning or in the end of the name of the
domain/subdomain, examples possible: cm-lisboa.pt, guarda-redes.com.pt
4. They are also accepted as valid, the conversions of characters not included in the
previous numbers, when these characters are part of the support document for the
base of the request of registry. Therefore we have that:
• The character “&” May be converted in the character “e”;
• The character “@” May be converted in the character “a”;
• The numbers in full writing may be converted in numbers and vice-versa.
Article 9
Forbidden Domain Names
1. Besides the prohibitions foreseen for each .pt hierarchy, the name of a domain
may not:
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a) Correspond to words or expressions contrary to the law, public order or good
values;
b) Correspond to names that may induce in error or confusion to its ownership,
namely by coinciding with notorious or prestige trademarks belonging to another;
c) Correspond to any top level domain in the Internet, existing or in way of creation;
d) Correspond to any protocols, applications or terms of the Internet, being these
understood as the ones defined by the IETF – The Internet Engineer Task Force;
e) Contain two followed hyphens «--» in the third and fourth positions in the name
of the domain/subdomain.
f) Correspond to a name of geographical scope, except for the registries in the
hierarchy .com.pt for which this prohibition does not apply and directly under .pt in
the terms of sub-paragraph b) of the number 1 in article 11.
corresponder a um nome de âmbito geográfico, salvo para os registos na hierarquia
.com.pt na qual não se aplica esta proibição e directamente sob .pt nos termos da
alínea b) do n.º1 do article 11º.
2. The name of a domain/subdomain may not be identical to another
domain/subdomain previously registered in the intended hierarchy (directly under .PT
or under any classifier domain), however, it is possible to register the same name in
different hierarchies.
SECTION II
REGISTRY OF DOMAINS UNDER .PT
Article 10
Legitimacy
Domain names under .pt may be registered directly collective entities, public entities,
individual entrepreneurs, liberal professionals and the requesters and owners of
trademarks, presented by national, communitarian or international ways.
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Article 11
Domain Name Composition
1. The domain name under .pt must obey the following rules:
a) Have between 3 and 63 characters belonging to the set foreseen in points 1 and 2
of article 8;
b) In the case of geographical names, these may only legitimately be registered by
the competent administrative authority;
§ It is understood by competent administrative authority, the one that exerts
administrative activity over a restricted circumscribed geographical area, namely, the
State over its territory, Regional Government over the territory of the Autonomous
Regions, civil governments regarding their district circumscriptions, local autarchies
regarding their respective administrative circumscriptions, the local organs of the
State regarding their administrative competence circumscription.
c) In the case of collective entities, the name of the domain should coincide with the
name of the denomination of the entity as duly registered;
d) In the case of public entities, the name of the domain should coincide with name
in the Republic Journal (Diário da República -DR) publication;
e) In the case of the individual entrepreneurs, the name of the domain should
coincide with the denomination duly registered;
f) In the case of liberal professionals, the name of the domain should coincide
entirely with the professional name as in official document proving the professional
quality. When there is no previous definition of the professional name namely at a
Professional Order, the domain name has to be constituted by at least two names;
g) In the case of owners of trademarks registered by national, communitarian or
international way or the requesters of trademarks registered by the ways mentioned,
the domain should obey the requisites of sub-paragraph b) of the next number.
§ UNIQUE: The name of the domain should correspond to the title that is its base
except if special characters are a part of it and the requester chooses not to use
them, exception is made it already exists.
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2. It will also be accepted as domain names:
a) Abbreviations and acronyms of the names as in the documents mentioned in subparagraphs
c), d) and e) of the previous number, except if they result in inversions
or additions to the names.
b) The word trademarks and the word elements of mixed trademarks registered for
the requester of the domain, as they appear in the respective title of national,
communitarian or international registry, provided that in the two last cases the
trademarks are extensive to Portugal. It may also be admitted the registries domain
names based in requests of trademark. However, if a request is refused the domain
will be removed in the terms of sub-paragraph d of article 44.
SECTION III
REGISTRY OF SUBDOMAINS UNDER .NET.PT
Article 12
Legitimacy
Domains under .net.pt may be registered by electronic communication providers
registered at ANACOM (Autoridade Nacional de Comunicações).
Article 13
Domain Name Composition
The composition of a domain name under .net.pt should obey to the following rules:
a) The name of the domain must coincide with the name in the registry at ANACOM
(Autoridade Nacional de Comunicações);
b) It accepted the abbreviation or the acronym of the name in the registry
mentioned in sub-paragraph a), except if it results in inversions or additions to the
name;
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c) The name of the domain may coincide entirely with a title/request of a, word or
mixed, trademark in class 38 owned by the requester, applying, with due adaptation
the established in sub-paragraph b) of the number 2 of article 11.
SECTION IV
REGISTRY OF SUBDOMAINS UNDER .GOV.PT
Article 14
Legitimacy
Domain names under .gov.pt may be registered by Entities that compose the
structure of the Government of the Portuguese Republic.
Article 15
Domain Name Composition
The name of the subdomain under .gov.pt should coincide with the denomination of
the owner, or with abbreviation or acronym of it, or with the name of projects or
actions by it developed or to develop.
Article 16
Entidade de Registo
The process of registry of a subdomain under .gov.pt is made by the entity CEGER –
Centro de Gestão da Rede Informática do Governo, according to the regulation
available at www.ceger.gov.pt, applying in addition the dispositions in the present
rules.
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SECTION V
REGISTRY OF SUBDOMAINS UNDER .ORG.PT
Article 17
Legitimacy
Domain names under .org.pt may be registered by not for profit organizations.
Article 18
Domain Name Composition
1. The name of a subdomain under .org.pt must coincide with the name of the
owner or with an abbreviation or an acronym of it, except if it results in an inversion
or an addition to the name.
2. The name of the subdomain may also correspond to the name of temporary
projects or actions, developed or to develop, by the owner of the subdomain.
SECTION VI
REGISTRY OF SUBDOMAINS UNDER .EDU.PT
Article 19
Legitimacy
Domains under .edu.pt may be registered by public teaching establishments or the
owners of private or cooperative teaching establishments.
Article 20
Domain Name Composition
The name of a subdomain under .edu.pt should coincide with the designation
attributed in the document that identifies/recognizes the nature of the teaching
establishment, or with abbreviation or acronym of that designation, except if it
results in an inversion or addition to the name.
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SECTION VII
REGISTRY OF SUBDOMAINS UNDER .INT.PT
Article 21
Legitimacy
Domains under .int.pt may be registered by all international organizations and
diplomatic representations duly registered at the Registo Nacional de Pessoas
Colectivas (the Portuguese National Registry for Collective Entity).
Article 22
Domain Name Composition
The name of the subdomain under .int .pt should coincide with the designation of
the owner, duly proved by document that identifies its nature, or with abbreviation or
acronym, except it results in inversion or addition to the name.
SECTION VIII
REGISTRY OF SUBDOMAINS UNDER .PUBL.PT
Article 23
Legitimacy
Domains under .publ.pt may be registered by the owners of periodical publications
registered at the Instituto da Comunicação Social (ICS).
Article 24
Domain Name Composition
The name of the subdomain, should coincide interely with the name in theof the
periodical publication registered at the Instituto da Comunicação Social (ICS) or with
abbreviation or acronym, except f it results in an inversion or addition to the name.
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SECTION IX
REGISTRY OF SUBDOMAINS UNDER .COM.PT
Article 25
Legitimacy
The is no restriction to the nature of the owners of domains under .com.pt
Article 26
Domain Name Composition
The name of a subdomain under .com.pt must obey the general rules for domain
name composition foreseen in articles 8 and 9.
Article 27
Transmission
The domains registered under .com.pt are not transmissible; therefore its ownership
may not be transferred to another entity.
Article 28
Monitoring of the Registries and Removal
FCCN will proceed to the immediate removal of all domains registered under .com.pt
in violation of the applicable rules, namely the ones referred in the articles 26 and
27, for this fast monitoring mechanisms will be ensured, as per section XII of chapter
I.
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SECTION X
REGISTRY OF SUBDOMAINS UNDER .NOME.PT
Article 29
Legitimacy
Domains under .nome.pt may be registered by any singular person bearer of a
Portuguese identity card, as well as the bearers of a valid residence authorization
title.
Article 30
Domain Name Composition
The name under .nome.pt should be composed by:
a) Two or more names of the names indicated in the identity card or title of
residence of the requester, one of which must be a last name, or as an alternative
the domain name may be an abbreviation or acronym unless this composition
creates a given name or a last name.
b) The literary, artistic scientific or professional used by the requester.
SECTION XI
OTHER REGISTRIES
Article 31
Registries Based in Law Established Criteria
In addition to the possibilities for registry of domain/subdomains referred in the
previous points, are also admitted, registries that obey law established conditions.
Article 32
Public Interest Temporary Registries
1. By deliberation of the Advisory Council of FCCN is admitted the Registry of names
of domains based in public interest reasons, namely candidacy in elections and
referendums of projects and people.
2. These domains will be in use for the time limit of one year.
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SECTION XII
JURIDICAL VERIFICATION AND APPRAISAL
Article 33
Monitoring and Immediate Removal
1. Besides the cases foresee in the following article, as well a others in the
regulation, the registry of a domain/subdomain will be immediately removed, if,
after monitoring, is detected that the name composition conditions are not met.
2. The removal will be communicated to the management body and from that
moment on the domain/subdomain will be free.
3. The monitoring of the subdomains is made according to the established in article
28.
Article 34
Juridical Evaluation of the Registry of a domain/subdomain
1. In all hierarchies, except .com.pt, FCCN will make a posterior control, relating to
the legitimacy and registry base of the online registered domains, by way of verifying
that the present regulation is met.
2. The referred control will be made by sample, according to the criteria defined by
FCCN, and it will be requested, by e-mail, to the management body of the domain
requesting that copies of the documents that support the registry to be sent to FCCN
in 2 working days.
3. The documents referred to in the previous point should be sent to the e-mail
address request@dns.pt or to the fax indicated in article 6.
4. O não cumprimento do disposto nos números anteriores, bem como a insuficiência
ou incorrecção dos dados enviados importa a remoção imediata do domínio.
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CHAPTER II
MAINTENANCE
Article 35
Proof of the Juridical Situation of the Rquest of Trademark
1. In the cases when the basis for a domain/subdomain is a request of a trademark
FCCN may verify with the owner/management body or directly at the INPI - Instituto
Nacional da Propriedade Industrial, the juridical situation of the request of the
trademark and/or the existence of an equal sign registered in the same class.
2. In the case when FCCN requests directly to the owner/management body the
referred proof, a notification will be sent by e-mail, to the management body 30 days
previously to that obligation.
3. In the cases when FCCN verifies directly and detects reasons that may lead to the
removal of the domain, a notification will be sent by e-mail, to the management
body, 30 previously to the obligation to make proof against it if it exists.
4. The non fulfilment of obligations imposed in the numbers 2 and 3 of the present
article will imply the removal of the domain/subdomain, in the terms of subparagraph
d) of the article 44.
Article 36
Publication and Updating of Data
1 . The owner of the domain and management body of it authorize that the data
relating to the domain, as well as the corresponding contacts, are placed in
electronic support and divulged by FCCN in the Internet, for general public
consultation, making possible the association of the name of a domain/subdomain to
its owner and responsibles for its management.
2. The owners of the data published, by FCCN, on the Internet have the right to
access them and should keep them duly updated.
3. The owners of the data published on the Internet may oppose themselves to this
publishing; for this effect they should inform FCCN, by writing, of this intention.
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Article 37
Payments
1. O registo de um domínio importa o pagamento de um preço de manutenção do
mesmo conforme tabela constante no anexo 2 do presente regulamento.
2. Para efeitos de aplicação do preço de manutenção a pagar será considerada a
data de submissão do domínio/subdomínio na base de dados da FCCN.
3. O preço de manutenção cobre os custos de gestão e manutenção do
domínio/subdomínio.
4. No caso em que a entidade gestora do domínio/subdomínio seja um agente de
registo (registrar) os pagamentos devidos à FCCN serão efectuados por aquela.
5. A FCCN não procederá a devoluções dos pagamentos efectuados por razões
relacionadas com a remoção do domínio/subdomínio.
Article 38
Billing
1. FCCN sends a notification, by e-mail, to the address of the management body,
with the necessary references for the payment of the value of the first maintenance.
2. FCCN emits the first invoice/receipt referring to the payment mentioned in the
previous number and sends it to the management body.
3. FCCN sends, by e-mail, with due antecedence, a notification to the address of the
management body with carbon copy to the owner, informing of the expiry date of
the domain and informing of the possibility of renewing it by using a renovation
mechanism referred in the notification.
4. Using the renewal mechanism, will imply the emission of a new invoice for equal
period, which should be paid within 30 days.
5. Not using the renewal mechanism will imply the expiry of the domain becoming at
the end of its period free for registry.
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6. The billing to the agents of registry (registrars) is made according to
specific rules defined in a signed protocol with these entities, not applying the
general rules.
Article 39
Ways of Payment
FCCN accepts, accordingly with the law, all legal ways of payment, however advising
the use of electronic ways of payment, as a way to ensure a faster service.
Article 40
Revision of Prices
FCCN may yearly revise the prices referred in attach 2 of this regulation. The value
to pay will be the one in use at the date of the invoice emission, not implying any
value update during the period chosen for the payment, there is neither additional
charge nor any refund to the owner of the domain/subdomain.
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CHAPTER III
CHANGES
Article 41
Procedures
1. To make changes to the information in the process file of the domain/subdomain
you should:
a) Using Nic Handle, login and password, make the changes online, which will be
processed within 24 hours, except in anomalous situations;
b) If it is impossible to proceed accordingly to the foreseen in the previous line, the
competent entity should request the necessary changes by e-mail or fax as per the
template available at www.dns.pt ; these changes are subject to a payment, as
foreseen in attach 2.
c) In case the changes imply the update of the primary and/or secondary servers,
the previous technical responsible should make the necessary updates to ensure the
correct use of the domain.
2. The change of the ownership of a domain, in the cases when this is possible, it
depends of a expressed request of the new owner accompanied with the support
documents that legitimize the transmission. When authorized, the change will be
made by FCCN that will inform the previous owner, the name of the domain must
continue to obey the name composition conditions for its hierarchy.
Article 42
Registry of a New Domain
1. Changes to the name of previously registered domain/subdomains is not allowed
2. Whenever an owner of a domain wishes to register a new name for a domain, it
should be made the following procedure:
- Remove the previous domain/subdomain, and
- Request the registry of the new domain/subdomain name.
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CHAPTER IV
REMOVALS
Article 43
Removal by Wish of the Owner
1. To make the removal of a domain/subdomain the owner should, using its login
and password, request online the removal of the domain, or in alternative send, by
writing, a request of this intention, to the contacts indicated in article 6.
2. The removal of a domain/subdomain does not give the right to any refund.
Article 44
Removal by FCCN
A domain/subdomain is removed by FCCN when it comes to its knowledge one of the
following situations:
a) The end of activity of the owner that supported the creation of the domain;
b) Loss of the right of use of the domain , namely by judicial or arbitrational decision
or by loss of the title that supported the domain;
c) If the registry was granted without due legal formalities or if it offends the right of
a third party, namely if it is verified the violation of the rules in the present regulation
concerning the permissible domain names of domains or subdomains;
d) The non fulfilment of article 35 or in the cases when the request of the trademark
that supports the domain/subdomain was refused, is expire or if the process was
closed by reasons relating to the requester.
§ Unique: In the cases when the base of the registry of a domain under .pt or a
subdomain .net.pt is a request of a trademark, and if it took place an appeal
regarding the decision of the INPI, the removal of the domain/subdomain will only
take place after the final decision of it.
e) Verification of what is foreseen in the number 4 of the article 34.
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Article 45
Other Cases of Removal and Expiry by FCCN
Besides the cases foreseen in the present regulation, a domain/subdomain may be
removed by FCCN if:
a) There are pending payments of more than 30 days;
b) The support servers of a domain/subdomain do not obey the technical conditions
defined as adequate and the time limits stipulated for the solving of problems are not
met;
c) The data given is nor sufficient and/or incorrect, not allowing FCCN to establish
contact with the responsibles of the domain/subdomain;
d) The name of the domain/subdomain clashes with international norms regarding
the composition of domain names;
e) The renewal mechanism is not used in the terms of article 38.
Article 46
Notifications
1. FCCN notifies, electronically, to the address indicated in the database of the
Owner and the Management Body re reasons that take to the removal of the
domain/subdomain, which will happen 10 working days later.
2. In the expiry cases there will be no notification as foreseen in the previous
number, the expiry will happen automatically at the end of the time limit of the
domain.
3. In the cases of removal referred in article 33 and number 4 of the article 34 the
removal is made immediately.
.
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CHAPTER V
LIABILITY
Article 47
Responsibility of the Owner of the Domain
1.The owner of a domain/subdomain assumes total responsibility for the choice of
the domain name registered, ensuring that it does not go against, the Intellectual
Property Rights of another or any other legitimate rights or interests of any 3rd party
2. The owner is obligated by the registry of the domain/subdomain to completely
observe the rules foreseen in the present regulation.
Article 48
FCCN RESPOSIBILITY
1. FCCN in its role as competent entity for the registry and management of
domains/subdomains of .pt promotes the correct maintenance of the space of
domain names both administratively and technically.
2. The contractual responsibility of the FCCN, especially that which arises from the
FCCN’s procedures to change, expiry and removal of domains, is limited to cases in
which serious fault is confirmed.
CHAPTER VI
ADVISORY COUNCIL OF DNS .PT Article 49
Member Composition
The Advisory Council of DNS .PT is an organ with consultation functions composed
by Entities meritoriously known in the area of Internet, Intellectual and Industrial
Property and Telecommunications.
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Article 50
Competence
1. It is competence of the advisory council , by its initiative or by request of the
Executive Council of FCCN, to emit its opinions and recommendations about the
management of the space of names of the Internet under .pt, namely about:
a) Evaluation of the service provided to the Internet community;
b) Evolution of the rules of the “Registry of Domains/subdomains of .pt”.
2. It may also be asked of the Advisory Council to pronounce about other subjects to
the registry and maintenance of domains under .pt, namely doubts or complaints
relating to the application of the present regulation.
Article 51
Functioning
1. The functioning of the Advisory Council is object of an internal regulation.
2. In order to make the functioning of this organ faster it is created a restricted
committee composed by three members who have the responsibility to make a fast
answer to the doubts or complaints related to the application of the present
regulation.
CHAPTER VII
ARBITRATION
Article 52
Institutional Voluntary Arbitration
1. In case of conflict about domain or subdomain names, the owners of these,
compromise to use institutional voluntary arbitration, foreseen and regulated in
article 38 of the law 31/86 of the 29th of August, and Decree 81/2001 of the 8th of
February.
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2. The competent entity to conduct the arbitration is obligatory one of the indicated
by decree as long as it has competence for the effect.
3. For all that is not said it will be used the applicable legislation, namely the
legislation about voluntary arbitration.
CHAPTER VIII
TRANSITION AND FINAL PROVISIONS
Article 53
Beginning of the Use
1. The present regulation is applied from the 1st of March onward.
2. The rules resulting from this revision do not apply to processes before its entry in
use.
3. No change in any point of the rules may affect the registry of a domain made
accordingly of the previous regulation.
Article 54
Domain Reservation
In order to allow the management of the space of names under .pt and according its
responsibility to international Entities or having in sight eventual restructuring of the
space of names under .pt, FCCN may proceed to the reservation of
domains/subdomains under .pt.
Article 55
Evaluation
Without prejudice of its immediately inserting in the present regulation changes that
are justified, the application of the regulation will be object to a periodical global
evaluation, that will have the objective to revise the present regulation.
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Attach 1 – Support documents
In order to meet the indicated in article 33 and 34 of the Regulation for the Registry
and Maintenance of Domain Names under .pt, whenever by sampling criteria, the
FCCN requests support to the legitimacy and registry base, the copy of the following
documents may be requested accordingly with the hierarchy of the registry:
.pt • According to the requester:
- CIPC (Collective Entity Card of the Registry at the Portuguese RNPC), Tax
Card or other equivalent document that that the Entity is duly registered
in its country;
- Document proving the quality of individual entrepreneur;
- Document proving the quality of Liberal Professional;
- Identity Card.
• Title of Trademark Registry or Request of Registry (when it is the base of
the domain registry).
.net.pt • CIPC (Collective Entity Card of the Registry at the Portuguese RNPC), Tax
Card or other equivalent document that that the Entity is duly registered
in its country;
• Registry of the requester at ANACOM (Autoridade Nacional de
Comunicações);
• Title of Trademark Registry or Request of Registry (when it is the base of
the domain registry).
.gov.pt • Document that proves the nature of the requester
• Document proving the name of the project or action
.org.pt • Document that proves the nature of the requester
• Document proving the name of the project or action
.edu.pt • Document that proves the nature of the requester
• Ministerial statement Document that proved the nature of the requester –
if applicable.
.int.pt • Document that proves the nature of the requester
.publ.pt • Identification document of the requester
• Registry of periodical publication at the ICS and statement of
authorization of use of the periodical publication – if applicable
.nome.pt • Identity Card of the requester or Residence Title
• Document that proves the use of literary, artistic, scientific or professional
– if applicable
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Attach 2 – PRICE LIST
The price list for the service of registry and maintenance are fixed as follows, to the
values should be added VAT to the legal rate if applicable:
1. Domain Maintenance:
Hierarchy/Time of Registry
1 year 3 years 5 years
.com.pt 17,00 40,00 60,00
Other hierarchies 22,00 45,00 65,00
The management body should choose initial validity time for each domain that
registers, the billing will be made according to table in this point.
2. Changes made by FCCN:
Every time that the changes to the information in the profile of a Domain/Subdomain
is made by FCCN services, and in the terms of sub-paragraph b) of article 41, the
unitary value for these changes is 15,00 Euros.
3. Reactivation cost of a domain:
Every time the removal a domain is caused by any action connected with to the
Owner, its reactivation, at the owners request, will have a reactivation cost with the
amount of 10,00 Euros.
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1
Legal Deposit number 238398/06
Serviço de Registo de Domínios de .PT
Apartado 50366
1708-001 Lisboa
tel: 808 201 039
e-mail : request@dns.pt
URL: www.dns.pt
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ÍNDIX:
Preamble ------------------------------------------------------------------------------------ 3
Chapter I
Conditions for the Registry of Domains/Subdomains of .PT ------------------------ 5
Section I – General Conditions --------------------------------------------------- 5
Section II – Registry of Domains under.PT ------------------------------------ 10
Section III – Registry of Subdomains under .NET.PT ----------------------- 12
Section IV – Registry of Subdomains under .GOV.PT ----------------------- 13
Section V – Registry of Subdomains under .ORG.PT ------------------------ 14
Section VI – Registry of Subdomains under .EDU.PT ------------------------ 14
Section VII – Registry of Subdomains under .INT.PT ----------------------- 15
Section VIII – Registry of Subdomains under .PUBL.PT -------------------- 15
Section IX – Registry of Subdomains under .COM.PT ----------------------- 16
Section X – Registry of Subdomains under .NOME.PT ---------------------- 17
Section XI – Other Registries ---------------------------------------------------- 17
Section XII – Juridical verification and Appraisal ---------------------------- 18
Chapter II
Maintenance ------------------------------------------------------------------------------- 19
Chapter III
Changes ------------------------------------------------------------------------------------ 22
Chapter IV
Removals ----------------------------------------------------------------------------------- 23
Chapter V
Liability-------------------------------------------------------------------------------------- 25
Chapter VI
Advisory Council of DNS under .PT ---------------------------------------------------- 25
Chapter VII
Arbitration --------------------------------------------------------------------------------- 26
Chapter VIII
Final and Transitory Provisions --------------------------------------------------------- 27
Attach 1 – Support Documents -------------------------------------------------------- 28
Attach 2 – Price List ---------------------------------------------------------------------- 29
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PRAMBLE
The FCCN - Fundação para a Computação Científica Nacional (Foundation for
National Scientific Computation), is a private not for profit institution charged with
the responsibility of the management, registry and maintenance of the Domains
under .PT under the scope of the delegation made by the IANA - Internet Assigned
Numbers Authority (RFC 1032/3/4 and 1591), an organization replaced by the
ICANN- Internet Corporation for Assigned Names and Numbers.
The FCCN organises the space for .pt names through the use of classifiers designed
to distribute the .pt address space in such a way as to it facilitate the
accommodation of different kinds of institutions and sectors of activity. Therefore,
the registry of domains may be made directly under '.pt', or under one of the domain
classifiers (.pt sub-domains), '.net.pt', '.gov.pt', '.org.pt', '.edu.pt' , '.int.pt', '.publ.pt' ,
'.com.pt' or '.nome.pt'.
Only domains registered directly under the .pt or under one of the sub-domain
classifiers given in this document are regarded as official .pt domains.
The positive experience with the totally online registry in the classifier .com.pt and
the objective to make more simple and faster the registry in the remainder classifiers
and directly under .PT justifies the option to make available from the 1st of March
onward the online registry for all domains.
Following the best international practices, the prohibitions are limited in the registry
of Domains under .PT, namely in what relates to geographical terms.
At international level, the FCCN continues to have an active part, as both member
and protagonist, in meetings and workgroups of accredited organisations in the
scope of the Internet such as the ICANN and the CENTR - Council of European
National Top level domain Registries. Within the scope of the recommendations
made by these entities, the FCCN develops its work so as to guarantee, namely:
• The technical and administrative management of .pt Internet address space;
• The proper configuration and operation of the primary server in the DNS pt
zone;
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• The management of a database of registered domains, accessible
by the Internet;
• The provision of statistical data on .pt registered domains;
• The functioning of an independent body with a consultative function -
Conselho Consultivo de DNS pt (pt DNS Advisory Council) - with the
collaboration of institutions of recognised merit in the scope of the Internet
in assessing the service provided to the community, and in drawing up and
interpreting regulations for the Domain Registration Service.
Since more and more questions are raised regarding to domain names and
intellectual property rights, and as a consequence of international
recommendations, the FCCN:
• Maintains a policy looking for the prevention of speculation and misuse
connected to .pt domain names, in accordance with the best practices,
including recommendations from the World Intellectual Property Organization
(WIPO);
• Maintains a policy of out-of-court settlement - an arbitration procedure-,
which, according to the best practices, will grant procedural guarantees to
the parties involved and it will be applied without the prejudice of any other
possible legal action.
• Allows since the 1st of January of 2005 the Register of domain/subdomain
names with special characters of the Portuguese alphabet, as per the
international recommendations that point for the multilingual use of the
Internet.
The FCCN will continue to promote partnerships with entities so as to optimize
the management of domain registry, through the figure of agent of registry
(registrar), with facilitated rules of access.
The FCCN encourages also Internet users to send any suggestions they may have
connected to this document.
This document is available in electronic format at http://www.dns.pt/
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CHAPTER I
CONDITIONS FOR THE REGISTRY OF DOMMAINS/SUBDOMAINS OF .PT
SECTION I
GENERAL CONDITIONS
Article 1
Technical Conditions
1. It should be installed and configured a primary dns server and at least, one
secondary server being advisable the existence of two or more secondary servers.
2. Whenever technically possible, the different servers should be located in different
buildings and not using the same local network.
3. It should be guaranteed permanent access to the Internet to the servers, so that
these may be accessed at any moment.
4. The server should respond according to the convention rules established by RFC
819, 920, 874, 1032 to 1035 and 1101, as well as any other present or future
documents applicable in this context.
Article 2
Way of Registry
1. To register a domain/subdomain of .PT the interested may:
a) use the services of one of the Agents of Registry (Registrars) accredited by FCCN,
which may be found listed at www.dns.pt;
b) make the registry online , at www.dns.pt, obeying the specific conditions for each
hierarchy , according to the sections in this chapter.
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Article 3
Administrative Conditions
FCCN reserves for itself the right to make a posterior control as foreseen in section
XII of chapter I.
Article 4
Activation and Validity Time Limits
1. After the registry of the domain/subdomain, and the payment of the maintenance
value in the terms of art. 37 and the verification of the correct configuration and
connectivity of the servers, the domain/subdomain will be active in a maximum time
limit of 2 working days.
2. the domain keep active for the time for which the payment was made, expiring,
in case there is no wish for renewal, in the terms and for the effects as foreseen in
articles 37 and 38 of the present regulation.
Article 5
Responsibles for the Domain/Subdomain
The registry of a Domain/Subdomain implies the indication of the following contacts:
a) Owner – Singular person or collective entity that assumes the ownership of the
domain/subdomain. It is of its competence the choice of the domain/subdomain
name and assumes the full responsibility for it. The Owner may indicate an entity to
manage the respective process, or opt to assume, itself, these tasks. In case it is a
collective entity, it should also be indicated the complete name of a singular person
to contact in case of need. It is owner responsibility to proceed to all changes to the
data indicated as well as the removal of the domain/subdomain.
b) Management body of the domain/subdomain - responsible for the process of
registry/maintenance of the domain/subdomain, having simultaneously, the
administrative and technical responsibility of it. Because of this the entity must
indicate the full name of a person to contact in case of need, as well as the
information relative to people responsible for administrative and technical issues,
being to these that all necessary contacts will be made, in the terms and for the
effects of the following sub-paragraphs. As such, it is its exclusive responsibility to
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ensure that the information of the administrative and technical contacts is
permanently updated, having FCCN no responsibility for any contact difficulties
resulting from the non-updating of these contacts. The management may also be an
entity with the status of agent of registry (registrar) with the FCCN, as per the list
available at www.dns.pt.
c) Administrative contact – representative of the management body for the
treatment of the registry process, for administrative and billing related issues. It is its
full responsibility to ensure the correct registry procedure of the domain/subdomain,
namely in what refers to support documents and applicable payments. The
administrative contact will be duly notified of the problems of administrative and
financial nature that arise from the process of registry/maintenance of the
domain/subdomain.
d) Technical contact – representative of the management body indicated for the
treatment of technical issues. It is for him the technical administration of the names
within the domain/subdomain, being responsible for the behaviour of its hosts. He
should have technical knowledge, availability to receive and evaluated technical
reports on problems and, if it is the case, to take the necessary actions to solve
them. The technical contact will be duly notified of problems of technical nature that
are connected to the registry/maintenance of the domain/subdomain. It should be
possible to contact the technical contact through the mailbox indicated at the “SOA
resource record”, that therefore, should be active.
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Article 6
Contacts
1. The Service of .pt domain/subdomain Registry may be contacted with any request
of information or clarification or, in general, for any subject related to the process
attribution or management of domain names, being privileged the contact by e-amil
to request@dns.pt.
2. The Service of .pt domain/subdomain Registry may also be contacted by fax
number +351 21 844 0157 or by phone (blue line available only for Portugal)
number 808 20 10 39 (working time – working days, from 08:00 to 20:00, or by
regular post (DNS.PT, Apartado 50366, 1708-001 Lisboa).
(note: from abroad you may contact +351 21 844 0198 working days from 09:00 to
12:30 and from 14:00 to 17:30)
Article 7
Notifications/ Regularization Time Limits
1. Any non fulfilment, administrative and financial in the process of Registry of a
domain/subdomain, will be notified to its administrative responsible.
2. In case technical problems are detected in the domain/subdomain the technical
responsible will be notified.
3. In the cases foreseen in the points before, the notified responsible should, within
10 days, correct the pending situation under penalty that the process of registry of
the doomain/subdomain is archived.
4. FCCN will use electronic mail as way of contact with the various responsibles of
the domain/subdomain, resorting to other ways when the e-mail, is not available.
5. The notifications sent to the addresses indicated by the owner or by the
management body will be always considered as valid.
.
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Article 8
General Conditions for Name composition
1. Unless indicated otherwise, the name of the domain/subdomain to register should
have between 2 and 63 characters belonging to the following set:
0123456789abcdefghijklmnopqrstuvwxyz
2. The name of the domain may also contain th especial characters of the
Portuguese alphabet, due to its use of accents and graphic signs, as per the
following table:
á à â ã
ç
é ê
í
ó ô õ
ú
3. As separator between it is only accepted the character words «-» (hyphen), this
character may not be used in the beginning or in the end of the name of the
domain/subdomain, examples possible: cm-lisboa.pt, guarda-redes.com.pt
4. They are also accepted as valid, the conversions of characters not included in the
previous numbers, when these characters are part of the support document for the
base of the request of registry. Therefore we have that:
• The character “&” May be converted in the character “e”;
• The character “@” May be converted in the character “a”;
• The numbers in full writing may be converted in numbers and vice-versa.
Article 9
Forbidden Domain Names
1. Besides the prohibitions foreseen for each .pt hierarchy, the name of a domain
may not:
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a) Correspond to words or expressions contrary to the law, public order or good
values;
b) Correspond to names that may induce in error or confusion to its ownership,
namely by coinciding with notorious or prestige trademarks belonging to another;
c) Correspond to any top level domain in the Internet, existing or in way of creation;
d) Correspond to any protocols, applications or terms of the Internet, being these
understood as the ones defined by the IETF – The Internet Engineer Task Force;
e) Contain two followed hyphens «--» in the third and fourth positions in the name
of the domain/subdomain.
f) Correspond to a name of geographical scope, except for the registries in the
hierarchy .com.pt for which this prohibition does not apply and directly under .pt in
the terms of sub-paragraph b) of the number 1 in article 11.
corresponder a um nome de âmbito geográfico, salvo para os registos na hierarquia
.com.pt na qual não se aplica esta proibição e directamente sob .pt nos termos da
alínea b) do n.º1 do article 11º.
2. The name of a domain/subdomain may not be identical to another
domain/subdomain previously registered in the intended hierarchy (directly under .PT
or under any classifier domain), however, it is possible to register the same name in
different hierarchies.
SECTION II
REGISTRY OF DOMAINS UNDER .PT
Article 10
Legitimacy
Domain names under .pt may be registered directly collective entities, public entities,
individual entrepreneurs, liberal professionals and the requesters and owners of
trademarks, presented by national, communitarian or international ways.
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Article 11
Domain Name Composition
1. The domain name under .pt must obey the following rules:
a) Have between 3 and 63 characters belonging to the set foreseen in points 1 and 2
of article 8;
b) In the case of geographical names, these may only legitimately be registered by
the competent administrative authority;
§ It is understood by competent administrative authority, the one that exerts
administrative activity over a restricted circumscribed geographical area, namely, the
State over its territory, Regional Government over the territory of the Autonomous
Regions, civil governments regarding their district circumscriptions, local autarchies
regarding their respective administrative circumscriptions, the local organs of the
State regarding their administrative competence circumscription.
c) In the case of collective entities, the name of the domain should coincide with the
name of the denomination of the entity as duly registered;
d) In the case of public entities, the name of the domain should coincide with name
in the Republic Journal (Diário da República -DR) publication;
e) In the case of the individual entrepreneurs, the name of the domain should
coincide with the denomination duly registered;
f) In the case of liberal professionals, the name of the domain should coincide
entirely with the professional name as in official document proving the professional
quality. When there is no previous definition of the professional name namely at a
Professional Order, the domain name has to be constituted by at least two names;
g) In the case of owners of trademarks registered by national, communitarian or
international way or the requesters of trademarks registered by the ways mentioned,
the domain should obey the requisites of sub-paragraph b) of the next number.
§ UNIQUE: The name of the domain should correspond to the title that is its base
except if special characters are a part of it and the requester chooses not to use
them, exception is made it already exists.
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2. It will also be accepted as domain names:
a) Abbreviations and acronyms of the names as in the documents mentioned in subparagraphs
c), d) and e) of the previous number, except if they result in inversions
or additions to the names.
b) The word trademarks and the word elements of mixed trademarks registered for
the requester of the domain, as they appear in the respective title of national,
communitarian or international registry, provided that in the two last cases the
trademarks are extensive to Portugal. It may also be admitted the registries domain
names based in requests of trademark. However, if a request is refused the domain
will be removed in the terms of sub-paragraph d of article 44.
SECTION III
REGISTRY OF SUBDOMAINS UNDER .NET.PT
Article 12
Legitimacy
Domains under .net.pt may be registered by electronic communication providers
registered at ANACOM (Autoridade Nacional de Comunicações).
Article 13
Domain Name Composition
The composition of a domain name under .net.pt should obey to the following rules:
a) The name of the domain must coincide with the name in the registry at ANACOM
(Autoridade Nacional de Comunicações);
b) It accepted the abbreviation or the acronym of the name in the registry
mentioned in sub-paragraph a), except if it results in inversions or additions to the
name;
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c) The name of the domain may coincide entirely with a title/request of a, word or
mixed, trademark in class 38 owned by the requester, applying, with due adaptation
the established in sub-paragraph b) of the number 2 of article 11.
SECTION IV
REGISTRY OF SUBDOMAINS UNDER .GOV.PT
Article 14
Legitimacy
Domain names under .gov.pt may be registered by Entities that compose the
structure of the Government of the Portuguese Republic.
Article 15
Domain Name Composition
The name of the subdomain under .gov.pt should coincide with the denomination of
the owner, or with abbreviation or acronym of it, or with the name of projects or
actions by it developed or to develop.
Article 16
Entidade de Registo
The process of registry of a subdomain under .gov.pt is made by the entity CEGER –
Centro de Gestão da Rede Informática do Governo, according to the regulation
available at www.ceger.gov.pt, applying in addition the dispositions in the present
rules.
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SECTION V
REGISTRY OF SUBDOMAINS UNDER .ORG.PT
Article 17
Legitimacy
Domain names under .org.pt may be registered by not for profit organizations.
Article 18
Domain Name Composition
1. The name of a subdomain under .org.pt must coincide with the name of the
owner or with an abbreviation or an acronym of it, except if it results in an inversion
or an addition to the name.
2. The name of the subdomain may also correspond to the name of temporary
projects or actions, developed or to develop, by the owner of the subdomain.
SECTION VI
REGISTRY OF SUBDOMAINS UNDER .EDU.PT
Article 19
Legitimacy
Domains under .edu.pt may be registered by public teaching establishments or the
owners of private or cooperative teaching establishments.
Article 20
Domain Name Composition
The name of a subdomain under .edu.pt should coincide with the designation
attributed in the document that identifies/recognizes the nature of the teaching
establishment, or with abbreviation or acronym of that designation, except if it
results in an inversion or addition to the name.
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SECTION VII
REGISTRY OF SUBDOMAINS UNDER .INT.PT
Article 21
Legitimacy
Domains under .int.pt may be registered by all international organizations and
diplomatic representations duly registered at the Registo Nacional de Pessoas
Colectivas (the Portuguese National Registry for Collective Entity).
Article 22
Domain Name Composition
The name of the subdomain under .int .pt should coincide with the designation of
the owner, duly proved by document that identifies its nature, or with abbreviation or
acronym, except it results in inversion or addition to the name.
SECTION VIII
REGISTRY OF SUBDOMAINS UNDER .PUBL.PT
Article 23
Legitimacy
Domains under .publ.pt may be registered by the owners of periodical publications
registered at the Instituto da Comunicação Social (ICS).
Article 24
Domain Name Composition
The name of the subdomain, should coincide interely with the name in theof the
periodical publication registered at the Instituto da Comunicação Social (ICS) or with
abbreviation or acronym, except f it results in an inversion or addition to the name.
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SECTION IX
REGISTRY OF SUBDOMAINS UNDER .COM.PT
Article 25
Legitimacy
The is no restriction to the nature of the owners of domains under .com.pt
Article 26
Domain Name Composition
The name of a subdomain under .com.pt must obey the general rules for domain
name composition foreseen in articles 8 and 9.
Article 27
Transmission
The domains registered under .com.pt are not transmissible; therefore its ownership
may not be transferred to another entity.
Article 28
Monitoring of the Registries and Removal
FCCN will proceed to the immediate removal of all domains registered under .com.pt
in violation of the applicable rules, namely the ones referred in the articles 26 and
27, for this fast monitoring mechanisms will be ensured, as per section XII of chapter
I.
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SECTION X
REGISTRY OF SUBDOMAINS UNDER .NOME.PT
Article 29
Legitimacy
Domains under .nome.pt may be registered by any singular person bearer of a
Portuguese identity card, as well as the bearers of a valid residence authorization
title.
Article 30
Domain Name Composition
The name under .nome.pt should be composed by:
a) Two or more names of the names indicated in the identity card or title of
residence of the requester, one of which must be a last name, or as an alternative
the domain name may be an abbreviation or acronym unless this composition
creates a given name or a last name.
b) The literary, artistic scientific or professional used by the requester.
SECTION XI
OTHER REGISTRIES
Article 31
Registries Based in Law Established Criteria
In addition to the possibilities for registry of domain/subdomains referred in the
previous points, are also admitted, registries that obey law established conditions.
Article 32
Public Interest Temporary Registries
1. By deliberation of the Advisory Council of FCCN is admitted the Registry of names
of domains based in public interest reasons, namely candidacy in elections and
referendums of projects and people.
2. These domains will be in use for the time limit of one year.
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SECTION XII
JURIDICAL VERIFICATION AND APPRAISAL
Article 33
Monitoring and Immediate Removal
1. Besides the cases foresee in the following article, as well a others in the
regulation, the registry of a domain/subdomain will be immediately removed, if,
after monitoring, is detected that the name composition conditions are not met.
2. The removal will be communicated to the management body and from that
moment on the domain/subdomain will be free.
3. The monitoring of the subdomains is made according to the established in article
28.
Article 34
Juridical Evaluation of the Registry of a domain/subdomain
1. In all hierarchies, except .com.pt, FCCN will make a posterior control, relating to
the legitimacy and registry base of the online registered domains, by way of verifying
that the present regulation is met.
2. The referred control will be made by sample, according to the criteria defined by
FCCN, and it will be requested, by e-mail, to the management body of the domain
requesting that copies of the documents that support the registry to be sent to FCCN
in 2 working days.
3. The documents referred to in the previous point should be sent to the e-mail
address request@dns.pt or to the fax indicated in article 6.
4. O não cumprimento do disposto nos números anteriores, bem como a insuficiência
ou incorrecção dos dados enviados importa a remoção imediata do domínio.
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CHAPTER II
MAINTENANCE
Article 35
Proof of the Juridical Situation of the Rquest of Trademark
1. In the cases when the basis for a domain/subdomain is a request of a trademark
FCCN may verify with the owner/management body or directly at the INPI - Instituto
Nacional da Propriedade Industrial, the juridical situation of the request of the
trademark and/or the existence of an equal sign registered in the same class.
2. In the case when FCCN requests directly to the owner/management body the
referred proof, a notification will be sent by e-mail, to the management body 30 days
previously to that obligation.
3. In the cases when FCCN verifies directly and detects reasons that may lead to the
removal of the domain, a notification will be sent by e-mail, to the management
body, 30 previously to the obligation to make proof against it if it exists.
4. The non fulfilment of obligations imposed in the numbers 2 and 3 of the present
article will imply the removal of the domain/subdomain, in the terms of subparagraph
d) of the article 44.
Article 36
Publication and Updating of Data
1 . The owner of the domain and management body of it authorize that the data
relating to the domain, as well as the corresponding contacts, are placed in
electronic support and divulged by FCCN in the Internet, for general public
consultation, making possible the association of the name of a domain/subdomain to
its owner and responsibles for its management.
2. The owners of the data published, by FCCN, on the Internet have the right to
access them and should keep them duly updated.
3. The owners of the data published on the Internet may oppose themselves to this
publishing; for this effect they should inform FCCN, by writing, of this intention.
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Article 37
Payments
1. O registo de um domínio importa o pagamento de um preço de manutenção do
mesmo conforme tabela constante no anexo 2 do presente regulamento.
2. Para efeitos de aplicação do preço de manutenção a pagar será considerada a
data de submissão do domínio/subdomínio na base de dados da FCCN.
3. O preço de manutenção cobre os custos de gestão e manutenção do
domínio/subdomínio.
4. No caso em que a entidade gestora do domínio/subdomínio seja um agente de
registo (registrar) os pagamentos devidos à FCCN serão efectuados por aquela.
5. A FCCN não procederá a devoluções dos pagamentos efectuados por razões
relacionadas com a remoção do domínio/subdomínio.
Article 38
Billing
1. FCCN sends a notification, by e-mail, to the address of the management body,
with the necessary references for the payment of the value of the first maintenance.
2. FCCN emits the first invoice/receipt referring to the payment mentioned in the
previous number and sends it to the management body.
3. FCCN sends, by e-mail, with due antecedence, a notification to the address of the
management body with carbon copy to the owner, informing of the expiry date of
the domain and informing of the possibility of renewing it by using a renovation
mechanism referred in the notification.
4. Using the renewal mechanism, will imply the emission of a new invoice for equal
period, which should be paid within 30 days.
5. Not using the renewal mechanism will imply the expiry of the domain becoming at
the end of its period free for registry.
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6. The billing to the agents of registry (registrars) is made according to
specific rules defined in a signed protocol with these entities, not applying the
general rules.
Article 39
Ways of Payment
FCCN accepts, accordingly with the law, all legal ways of payment, however advising
the use of electronic ways of payment, as a way to ensure a faster service.
Article 40
Revision of Prices
FCCN may yearly revise the prices referred in attach 2 of this regulation. The value
to pay will be the one in use at the date of the invoice emission, not implying any
value update during the period chosen for the payment, there is neither additional
charge nor any refund to the owner of the domain/subdomain.
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CHAPTER III
CHANGES
Article 41
Procedures
1. To make changes to the information in the process file of the domain/subdomain
you should:
a) Using Nic Handle, login and password, make the changes online, which will be
processed within 24 hours, except in anomalous situations;
b) If it is impossible to proceed accordingly to the foreseen in the previous line, the
competent entity should request the necessary changes by e-mail or fax as per the
template available at www.dns.pt ; these changes are subject to a payment, as
foreseen in attach 2.
c) In case the changes imply the update of the primary and/or secondary servers,
the previous technical responsible should make the necessary updates to ensure the
correct use of the domain.
2. The change of the ownership of a domain, in the cases when this is possible, it
depends of a expressed request of the new owner accompanied with the support
documents that legitimize the transmission. When authorized, the change will be
made by FCCN that will inform the previous owner, the name of the domain must
continue to obey the name composition conditions for its hierarchy.
Article 42
Registry of a New Domain
1. Changes to the name of previously registered domain/subdomains is not allowed
2. Whenever an owner of a domain wishes to register a new name for a domain, it
should be made the following procedure:
- Remove the previous domain/subdomain, and
- Request the registry of the new domain/subdomain name.
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CHAPTER IV
REMOVALS
Article 43
Removal by Wish of the Owner
1. To make the removal of a domain/subdomain the owner should, using its login
and password, request online the removal of the domain, or in alternative send, by
writing, a request of this intention, to the contacts indicated in article 6.
2. The removal of a domain/subdomain does not give the right to any refund.
Article 44
Removal by FCCN
A domain/subdomain is removed by FCCN when it comes to its knowledge one of the
following situations:
a) The end of activity of the owner that supported the creation of the domain;
b) Loss of the right of use of the domain , namely by judicial or arbitrational decision
or by loss of the title that supported the domain;
c) If the registry was granted without due legal formalities or if it offends the right of
a third party, namely if it is verified the violation of the rules in the present regulation
concerning the permissible domain names of domains or subdomains;
d) The non fulfilment of article 35 or in the cases when the request of the trademark
that supports the domain/subdomain was refused, is expire or if the process was
closed by reasons relating to the requester.
§ Unique: In the cases when the base of the registry of a domain under .pt or a
subdomain .net.pt is a request of a trademark, and if it took place an appeal
regarding the decision of the INPI, the removal of the domain/subdomain will only
take place after the final decision of it.
e) Verification of what is foreseen in the number 4 of the article 34.
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Article 45
Other Cases of Removal and Expiry by FCCN
Besides the cases foreseen in the present regulation, a domain/subdomain may be
removed by FCCN if:
a) There are pending payments of more than 30 days;
b) The support servers of a domain/subdomain do not obey the technical conditions
defined as adequate and the time limits stipulated for the solving of problems are not
met;
c) The data given is nor sufficient and/or incorrect, not allowing FCCN to establish
contact with the responsibles of the domain/subdomain;
d) The name of the domain/subdomain clashes with international norms regarding
the composition of domain names;
e) The renewal mechanism is not used in the terms of article 38.
Article 46
Notifications
1. FCCN notifies, electronically, to the address indicated in the database of the
Owner and the Management Body re reasons that take to the removal of the
domain/subdomain, which will happen 10 working days later.
2. In the expiry cases there will be no notification as foreseen in the previous
number, the expiry will happen automatically at the end of the time limit of the
domain.
3. In the cases of removal referred in article 33 and number 4 of the article 34 the
removal is made immediately.
.
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CHAPTER V
LIABILITY
Article 47
Responsibility of the Owner of the Domain
1.The owner of a domain/subdomain assumes total responsibility for the choice of
the domain name registered, ensuring that it does not go against, the Intellectual
Property Rights of another or any other legitimate rights or interests of any 3rd party
2. The owner is obligated by the registry of the domain/subdomain to completely
observe the rules foreseen in the present regulation.
Article 48
FCCN RESPOSIBILITY
1. FCCN in its role as competent entity for the registry and management of
domains/subdomains of .pt promotes the correct maintenance of the space of
domain names both administratively and technically.
2. The contractual responsibility of the FCCN, especially that which arises from the
FCCN’s procedures to change, expiry and removal of domains, is limited to cases in
which serious fault is confirmed.
CHAPTER VI
ADVISORY COUNCIL OF DNS .PT Article 49
Member Composition
The Advisory Council of DNS .PT is an organ with consultation functions composed
by Entities meritoriously known in the area of Internet, Intellectual and Industrial
Property and Telecommunications.
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Article 50
Competence
1. It is competence of the advisory council , by its initiative or by request of the
Executive Council of FCCN, to emit its opinions and recommendations about the
management of the space of names of the Internet under .pt, namely about:
a) Evaluation of the service provided to the Internet community;
b) Evolution of the rules of the “Registry of Domains/subdomains of .pt”.
2. It may also be asked of the Advisory Council to pronounce about other subjects to
the registry and maintenance of domains under .pt, namely doubts or complaints
relating to the application of the present regulation.
Article 51
Functioning
1. The functioning of the Advisory Council is object of an internal regulation.
2. In order to make the functioning of this organ faster it is created a restricted
committee composed by three members who have the responsibility to make a fast
answer to the doubts or complaints related to the application of the present
regulation.
CHAPTER VII
ARBITRATION
Article 52
Institutional Voluntary Arbitration
1. In case of conflict about domain or subdomain names, the owners of these,
compromise to use institutional voluntary arbitration, foreseen and regulated in
article 38 of the law 31/86 of the 29th of August, and Decree 81/2001 of the 8th of
February.
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2. The competent entity to conduct the arbitration is obligatory one of the indicated
by decree as long as it has competence for the effect.
3. For all that is not said it will be used the applicable legislation, namely the
legislation about voluntary arbitration.
CHAPTER VIII
TRANSITION AND FINAL PROVISIONS
Article 53
Beginning of the Use
1. The present regulation is applied from the 1st of March onward.
2. The rules resulting from this revision do not apply to processes before its entry in
use.
3. No change in any point of the rules may affect the registry of a domain made
accordingly of the previous regulation.
Article 54
Domain Reservation
In order to allow the management of the space of names under .pt and according its
responsibility to international Entities or having in sight eventual restructuring of the
space of names under .pt, FCCN may proceed to the reservation of
domains/subdomains under .pt.
Article 55
Evaluation
Without prejudice of its immediately inserting in the present regulation changes that
are justified, the application of the regulation will be object to a periodical global
evaluation, that will have the objective to revise the present regulation.
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Attach 1 – Support documents
In order to meet the indicated in article 33 and 34 of the Regulation for the Registry
and Maintenance of Domain Names under .pt, whenever by sampling criteria, the
FCCN requests support to the legitimacy and registry base, the copy of the following
documents may be requested accordingly with the hierarchy of the registry:
.pt • According to the requester:
- CIPC (Collective Entity Card of the Registry at the Portuguese RNPC), Tax
Card or other equivalent document that that the Entity is duly registered
in its country;
- Document proving the quality of individual entrepreneur;
- Document proving the quality of Liberal Professional;
- Identity Card.
• Title of Trademark Registry or Request of Registry (when it is the base of
the domain registry).
.net.pt • CIPC (Collective Entity Card of the Registry at the Portuguese RNPC), Tax
Card or other equivalent document that that the Entity is duly registered
in its country;
• Registry of the requester at ANACOM (Autoridade Nacional de
Comunicações);
• Title of Trademark Registry or Request of Registry (when it is the base of
the domain registry).
.gov.pt • Document that proves the nature of the requester
• Document proving the name of the project or action
.org.pt • Document that proves the nature of the requester
• Document proving the name of the project or action
.edu.pt • Document that proves the nature of the requester
• Ministerial statement Document that proved the nature of the requester –
if applicable.
.int.pt • Document that proves the nature of the requester
.publ.pt • Identification document of the requester
• Registry of periodical publication at the ICS and statement of
authorization of use of the periodical publication – if applicable
.nome.pt • Identity Card of the requester or Residence Title
• Document that proves the use of literary, artistic, scientific or professional
– if applicable
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Attach 2 – PRICE LIST
The price list for the service of registry and maintenance are fixed as follows, to the
values should be added VAT to the legal rate if applicable:
1. Domain Maintenance:
Hierarchy/Time of Registry
1 year 3 years 5 years
.com.pt 17,00 40,00 60,00
Other hierarchies 22,00 45,00 65,00
The management body should choose initial validity time for each domain that
registers, the billing will be made according to table in this point.
2. Changes made by FCCN:
Every time that the changes to the information in the profile of a Domain/Subdomain
is made by FCCN services, and in the terms of sub-paragraph b) of article 41, the
unitary value for these changes is 15,00 Euros.
3. Reactivation cost of a domain:
Every time the removal a domain is caused by any action connected with to the
Owner, its reactivation, at the owners request, will have a reactivation cost with the
amount of 10,00 Euros.
