SECTION I. GENERAL PROVISIONS
1. This Regulation defines the principles, requirements and conditions of procedural performance in the .lt domain. The appendix „Registrars“ is considered to be a part of the Regulation.
Regulation was adopted and published according to the provision of internet self-regulatory documents regarding the presence and public access to a document of such nature. ICP-1: „The policies and procedures for the use of each TLD must be available for public inspection. Generally these are posted on web pages or made available for file transfer.“
Regulation does not provide all the technical details related to the procedures carried out.
2. The principles, requirements and conditions of the proceduresmust be followedby new and existing second level domain holders (present registrants or gaining registrants) in the .lt domain, Registrars, providing the domain-related services as well as persons seeking accreditation, as far as this is related to the special procedures applicable to them.
ICP-1 has determined: „Responsibility for adoption of procedures and policies for the assignment of Second Level Domain Names (SLDs), and lower level hierarchies of names, has been delegated to TLD managers, subject to the policy guidance contained in this document“. Any person when creating a domain or acquiring rights to a registered name domain in .lt domain expresses an unconditional agreement to follow this Regulation. Each top-level domain (hereinafter – TLD) has more or less extensive procedure performance order, whose basis consists of the provisions of Internet self-regulatory documents. The latter documents (e.g. ICP, RFC, etc.) are not legal acts, but those of them, which determine technical standards, general requirements or best practice, are applied with the purpose of seeking Internet integrity, smooth operation and domain availability. Article 9 of the preamble of 2002/04/22 Regulation (EC) No. 733/2002 ”On the implementation of the .eu Top Level Domain” has specified the importance of Internet self-regulation: ”Usually Internet management refers to the principles of non-intervention, self-management and self-regulation”. The European Commission in the report for 2011 names these principles as cornerstones with regards to the Internet. Consequently, the subject of the legal regulation could not be defined as Internet address space structure, DNS principles, delegation, technical requirements for domain names (e.g. regarding the permitted symbols, domain name length, etc.), Internet protocols and standards, procedural questions, etc., which are formed in the ways of self-management and self-regulation. Otherwise, there is a real threat to the integrity of the global network. The subject of the legal regulation, without taking into account technical and procedural problems solved by self-regulation, should be defined as public relations, regarding the use of domains and the Internet, e.g. domain name legal status (see the note on ”label” under subarticle 3.8 of this Regulation), the norm of their coexistence with brand names and legal entity titles, the extent of label owners rights, legal liability for the contents, the rules on information disclosure in the Internet, etc. The practise shows that the interests of domain holder also have to be protected from an unfair seizure. Due to the inevitable consistency between the legal regulations and Internet self-management and self-regulation, individual disputes will be settled by applying the norms of the substantive law and taking into account the technical performance conditions so that it would be possible to carry out the determined procedures (e.g. ”Restriction”, ”Cession”, ”Deletion”). The procedures carried out determine the records in the Whois database and DNS servers, as well as affect the subsequent procedures. Due to this reason, the procedural questions are of a great practical significance.
3. The terms and abbreviations used in this Regulation, including the appendix „Registrars“, are defined as follows:
3.1. Registry – Kaunas University of Technology (legal entity code 111950581) Department of Information Technologies, Internet Service Centre, which manages the .lt domain. The Registry’s website is http://www.domreg.lt.
.lt TLD established in 1992/06/03 is managed by a subdivision created and technically equipped by Kaunas University of Technology. After a structural transformation, the Information Technology Development Institute was divided into several University subdivisions, one of which – Department of Information Technologies Internet Service Centre – continues the management of .lt TDL.
3.2. Registry services – the services provided to domain holders including domain name check and registration, domain records inclusion to the Whois database and listing it for a specific number of periods, records on keeping the domain in the DNS servers from domain registration until domain deletion. Registry terms of services comply with the principles, requirements and conditions determined in this Regulation.
3.3. Accreditation agreement – a termless agreement between the Registry and the Registrar regarding the latter’s right to perform the permitted procedures in the .lt domain. The accreditation agreement is concluded in writing during the accreditation procedure as determined in the appendix „Registrars” of the Regulation.
3.4. Blocked label – words or phrases inappropriate to use publicly in domain names. The blocked label list is created, changed or supplemented by the Registry. This list is not disclosed or distributed by other means due to the nature of the labels.
3.5. Registry system – the software “.lt sub-domain management system”, installed by the Registry in order to receive applications, carry out procedures, process and store data. The records in the Registry system regarding the procedures carried out are stored for at least one year.
3.6. DNS servers – servers, directing incoming requests regarding domains and ensuring their availability in the domain name system in this way. If this Regulation does not specify the DNS server dependence, this term means the DNS servers are operated by the Registry.
Domain Name system
3.7. Domain – any created and existing second level domain in .lt domain. The created domain is called a domain with a registered name once the procedures for that domain's name check and registration are completed successfully.
Only one, lower than .lt TLD level, is considered to be of second level.
The domain name definition used in this Regulation means that the domain is hierarchically subordinated with regards to the next level .lt TLD, so it is basically a subdomain. For example, RFC-1034: “A domain is a subdomain of another domain if it is contained within that domain.”
I. e. domain name after the check is registered.
3.8. Domain name – the label that identifiesthe domain. The domain name is composed by the registrant who is subsequently responsible for it.
RFC-1034: “A domain is identified by a domain name, and consists of that part of the domain name space that is at or below the domain name which specifies the domain”. Distinctive features for a domain are given by a label, that is separated by dots from a TLD and hierarchically lower level domains. For example, third.second.lt: “lt” identifies TLD, “second” - second level domain, “third” - third level domain.
This Regulation does not specify the rights to the domain name of the domain holder since it is a subject of legal regulation. By applying the provision of additional protocol article 1 of the Convention on Human Rights and Fundamental Freedoms “Every natural or legal person is entitled to the peaceful enjoyment of his possessions”, ECtHR acknowledged the registered domain name as an object of property. The extent of the owner rights is described as the following in the jurisprudence of ECtHR: “The exclusive right to use and dispose of registered Internet domain names” (detailed version in chapter IV part B of 2011 publication “Internet: Case-Law of the European Court of Human Rights”). The definitions “domain name” and “domain” are often identified in the Lithuanian case laws. For example, Vilnius Regional Court 2009/07/09 decision in the civil case No. 2-1641-585/2009: “Internet domain names are objects of property” and ibid: “domain owner cannot be given exactly the same legal protection, which is given to the holder of a brand”. Therefore the holder rights in this Regulation are related with the registered name domain. In any case, the owner is a person, who has a right to manage, use and dispose the object of property. In this respect, the Registrars, who carry out procedural and relate technical services to the registrants, are not eligible defendants in the cases regarding illegal use of labels in the domain names (the domain holder, who has the ownership right, is liable for this).
3.9. EPP – a protocol, designed to ensure safe interaction between the Registry system and software used by the Registrars to provide the procedural and related technical services.
Extensible Provisioning Protocol.
3.10. IDN – domain name adapted to the multilingual media, concluded and used in accordance with the special provisions of the internet self-regulatory documents.
More details: http://www.icann.org/en/resources/idn. A domain name composed only of Latin alphabet (by combining with digits and a dash or without them) is not IDN; the latter is designed to create domain names in non-Latin alphabet (e.g. Cyrillic, Chinese, Arabian writing, etc.) or Latin characters with diacritic signs (e.g. alongside the 26 letters of the Latin alphabet using Lithuanian alphabet letters ą, č, ę, ė, į, š, ų, ū, ž).
3.11. Application – a technically correct command, regarding the performance of a permitted procedure, presented to the Registry system. Applications are submitted by connecting to the Registry System via EPP interface (by using specific EPP commands) or via WEB interface (by filling in the required electronic form in the Registry's website).
3.12. Service agreement – an agreement between the registrant and Registrar regarding the performance of the procedural and related technical services when creating and managing the domain (-s).
3.13. Registrar – a person accredited by the Registry, providing registrants with procedural and related technical services. The appointed Registrar is defined as the one specified in Whois database records regarding a specific domain.
It is a conditional description because the Registrars are not allowed to carry out domain name check and registration, suspension, restriction, cession and sucession procedures, as well as initiate the change and transfer.
If he complies with the conditions specified in the appendix “Registrars” of this Regulation and entered into a written agreement with the Registry. The alphabetical list of the accredited Registrars is published on the Registry's website http://domreg.lt
3.14. Procedural services – the performance of permitted procedures when submitting the applications to the Registry system. The procedures are considered as permitted if the Registrar, by order from the registrant, may perform (domain creation, renewal, data change and domain deletion procedures) or complete (transfer and domain trade procedures) the procedures in accordance with this Regulation.
3.15. Reserved label – words, phrases or other labels, whose use in domain names is restricted by a normative act or by the Registry’s decision with a purpose to maintain DNS integrity. The reserved label list is made, changed or supplemented by the Registry. This list is publicly disclosed on the Registry website. By the request of a person the labels are not reserved.
3.16. Technical services – services related to procedural services: the registrant’s, with whom a service contract has been concluded, account creation and data submission in the Registry system, the processing of orders for the performing of procedures, briefing and consulting regarding questions on the performance of procedures, warning about the need to perform procedures, creating records in Registrar DNS servers about the served domains.
3.17. Term – a validity term of one year to the rights to the domain, during which Registry services are performed. Starting with the first one, the terms are counted from the domain creation day.
3.18. Registrant – natural or legal person, by whose request the domain is created, or by whom the right to a particular registered domain is gained, in the case of domain trade, cession or succession. From domain creation or the acquisition of rights to a registered name domain until domain deletion, the registrant is the the domain holder.
Persons, upon whose will the domains are created, or the gaining registrants of the rights to the registered name domains provide the procedure performance orders to the appointed Registrar.
A registrant cannot be a legal person’s branch, agency or other structural division. If the service agreement with the Registrar is concluded by and the orders are given by any branch of a legal person, the legal person is specified as a registrant.
The domain holder does not change due to a later, after the domain creation or acquisition of rights to the domain name, domain holder recognition as incapable, of limited capabilities or untraceable, as well as the managing on the determined property.
3.19. Whois database – systematized, methodically organized collection of data about the domains and persons responsiblefor them, which can be used individually by electronic means. The Whois database belongs to the Registry and is related to the Registry system.
The domain holder, Registrar, contact persons. Information in the Whois database about the domain holders - natural persons is impersonalized in a usual way, i.e. by indicating the first letters of name and last name, as well as publishing the e-mail, which is intended to reach in case of domain management questions.
4. The meanings and content of separate procedures are disclosed in Section IV of this Regulation, for special procedures – in the appendix “Registrars” of this Regulation.
5. The .lt domain management model: „registry – registrar – registrant“. Registry may be an appointed Registrar, when chosen by a registrant, or the Registrar and registrant together, following the creation of their own domain (-s). A Registrar may simultaneously be a registrant, while creating an own domain (-s).
6. Procedures according to the competence assigned by this Regulation are performed by the Registry, Registrars and accreditation applicants. No other persons can perform any procedures. Registrants have no rights to independently submit applications to the Registry system, but they independently initiate transfer and domain trade procedures in the Registry system.
The permitted procedures are carried out by the Registrars according to the indications of the registrant.
The transfer procedure – due to the exclusive right of the registrant to freely choose an appointed Registrar; domain trade procedure – due to important consequences because “quarantine” does not apply in the case of domain trade, therefore in the case of a mistake, it would be difficult or impossible to restore the previous status.
SECTION II. PROCEDURE PERFORMANCE PRINCIPLES
7. Procedures are performed in accordance with these principles:
7.1. The general:
7.1.1. The principle of non-discrimination. All applications are subject to the same rules, regardless of the registrant’s domain number, nationality, legal form, place of residence or registration and other individual characteristics.
7.1.2. The principle of fairness. The Registry has no personal interest regarding the domain name attribution to one or another person; therefore it is not a party to address the issues regarding the rights or legal interests in the labels used by registrants in the domain names.
7.1.3. The principle of data accuracy. Registrants must make sure that their data and information about the domain specified in the Registry System is constantly correct.
7.1.4. The principle of recompense. For every permitted procedure performed, except for those without cost, fee payment to the Registry must be guaranteed. The fee is paid to the Registry by the Registrars, included into the cost of services performed to the registrants.
7.2. Related to the domain creation:
7.2.1. The principle of domain name uniqueness. Several domains with the same name cannot exist simultaneously in the .lt domain; from creation to deletion, the domain can only have one name.
7.2.2. „First come, first served“principle. The date and time, when the domain is created, is the only reference point for deciding on priority to use the domain name specified in the application, if it complies with the requirements determined by this Regulation.
The deadlines for applying the indicated principle – until domain creation. The one that created the domain in the desirable name first, wins against others that requested the name. However, after domain creation the domain holder bares a risk that is related with the possible requirements of industrial property owners regarding the breach of their exceptional rights. In that case the indicated principle does not apply. It is the question of a court (arbitration) competence in the case, according to the claim of a privy to the domain holder, whether the domain holder actually won by creating the domain in a desired name. So, the indicated principle does not excuse from the responsibility to act honestly, e.g. not to use a label in the domain name, which is identical or similar to other legal person’s name, registered brand, etc., arbitrarily. Therefore the principle “first come, first served” cannot be understood as generally preventing the privy to dispute in court the further use of the domain name (e.g. Supreme Court of Lithuania 2009/06/22 ruling in the civil case No. 3K-3-272/2009), by addressing his requirements to the person who composed that domain name.
SECTION III. REQUIREMENTS FOR THE DOMAIN NAME
8. The domain name can be any unblocked label, complying with these requirements:
8.1.1. It is not used as a name of any other domain created in the .lt domain (including the protected “quarantine” period according to article 88 of this Regulation).
It is possible to check if the domain with the desirable name has not been created in the website http://www.domreg.lt or http://www.whois.lt
8.1.2. Consists of at least two standard Latin alphabet letters from “a” to “z” (IDN can have other letters), numbers from “0” to “9” as well as the dash (-es).
26 letter of the Latin alphabet.
Writing domain name in capital and (or) minuscule does not affect the operations of DNS; usually the domain name is written in minuscule.
8.1.3. Consists at most of sixty three symbols.
8.1.4. Does not have a dashes at the beginning and (or) at the end, as well as at the third and fourth positions, unless it is IDN with a special prefix.
See subarticle 9.2 of this Regulation.
Domain name is closely related with .lt TLD. Even though the registrant that created the domain name is responsible for it, the Registry has to make sure that the domain name in the general address context would not cause negative associations with .lt TLD, which is the responsibility of the Registry. Following the publicity requirement is important for all .lt TLD domain holders.
Is composed in such a way that, according to the contextual meaning, it is not flawed from the disclosure approach, is not harmful to .lt domain prestige and the business reputation of the Registry.
E.g. according to a moderately sensitive person’s moral understanding (requirements of objective morals defined in the doctrine and case laws), besides the blocked labels, is (are) not suitable to publicly disclose a word or phrases, which outline clearly provocative, derogatory or hostile attitude towards the state, separate regions and administrative units, society, specific ethnic and social groups, persons, etc. The list of provided examples is not finite because it may be shocking terrorist, Nazi and other extremist organization name usage, the worship of their agents, etc.
9. Special IDN requirements:
9.1. When creating IDN, these Lithuanian alphabet letters can additionally be used :
|Symbol||Code (Unicode standard)
9.2. The third and fourth positions of the IDN are dashes (when formulating according to the internet self-regulatory institution provisions with the special prefix “xn--“).
9.3. An IDN with the special prefix and domain name with the letters of the Lithuanian alphabet must correspond interchangeably, when converted using IDN compliant software.
9.4. The requirements determined in article 8 of this Regulation apply both to IDN with the special prefix and domain names with the letters of the Lithuanian alphabet.
SECTION IV. PERFORMANCE CONDITIONS OF PROCEDURES
CLAUSE IV.I. DOMAIN CREATION
10. Domain creation – procedure, following which an order is presented to the Registry regarding the processing of Registry services for one (first) term.
11. Basis of procedure – the registrant’s will expressed in actions (the submission of the order to the appointed Registrar).
12. The procedure is performed by submitting a domain creation application to the Registry system in the name of the registrant.
The fact of submitting the application to the Registry system is determined according to the precise time, when, after an appropriate command, the Registry system server confirms having received the application. The application is not recognized as submitted if the performance of the procedure in the Registry system stops due to the domain name incompliance with the technical requirements or technical problems. If the registrant’s data indicated in the application are not completed or correct, the Registry may immediately after domain name registration perform the suspension procedure.
13. The procedure is carried out by the Registrar according to the registrant’s instructions.
14. Cancellation of the submitted domain creation application is not possible.
15. The Procedure is completed when the Whois database shows records on the created domain with the marked state „Checking domain name“.
16. From the moment of domain creation:
16.1. It is considered that the domain is created upon the will of the registrant specified in the application.
16.2. The registrant is responsible for the domain name.
16.3. Arises an appointed Registrar’s obligation to pay a fee to the Registry for the first term.
16.4. The domain name cannot be changed or moved to another top level domain.
According to the domain name uniqueness principle. Domain holder, who wishes to have a domain with different name, has to create another domain in the desirable name and decide on the future of already created domain (e.g. keep it or after the registration, according to the procedures, trade or delete it).
16.5. Until domain name registration, domain records are not available in DNS servers.
17. If the requested domain name has a reserved label according to normative acts, then the procedure involves prior (before submitting the domain creation application) submission to the Registry the permission for the registrant to use that label or confirmation, that according to the normative act such permission is not necessary for the registrant.
In order for it to be possible to submit a domain creation application with the reserved label used in the domain name, the Registry has to cancel the Registry system limitation for a specific registrant according to the data submitted by him.
CLAUSE IV.II. DOMAIN NAME CHECK
18. Domain name check – a procedure, designed to ensure that the domain name complies with the requirements. The check procedure is carried out by the Registry.
19. Basis of procedure – the fact of submitting a domain creation application to the Registry system.
20. Domain name compliance with the requirements is checked:
20.1. Automatically, during the submission of the domain creation application (in real time). The submission of the domain creation application is terminated and further procedures are not performed, if:
20.1.1. The domain name does not comply with the technical requirements, including the special IDN requirements.
20.1.2. The domain name has a blocked label.
20.1.3. The domain name has a reserved label upon the Registry’s decision.
20.1.4. The domain name has a label reserved by normative acts, if the Registry does not receive the documents specified in article 17 of this Regulation until the submission of a domain creation application.
20.2. Manually, within 3 workdays since domain creation, by evaluating the domain name according to the contextual meaning for flaws from the disclosure approach. If the domain name is acceptable from this point of view, the Registry performs its registration procedure, if not acceptable – Registry performs the domain deletion procedure, includes the domain name to the blocked labels list and sends a notification about it to the e-mail address specified in the application.
Hereinafter workday – any day, except for the holidays determined by the laws of the Republic of Lithuania, Saturdays and Sundays (if they have not been turned into a workday by the Government) and officially announced other holidays.
When evaluating the domain name contextual meaning, among other things, the connotations of the used words and the fact that they have .lt included are taken into account.
If domain holder does not agree with the evaluation of the Registry, the dispute is regulated according to the extrajudicial procedures determined under section V of this Regulation or in court (arbitration) according to the claim of the domain holder regarding the determination of Registry liability.
21. The Procedure is completed when the domain status indicated in the Whois database changes to “Registered” or the records on the deleted domain in the Whois database are eliminated.
22. If the Registry, upon a motivated request from the domain holder or the appointed Registrar, determines that the label in the domain name, due to the imperfectness of the automatic filter was wrongly considered blocked, that label is removed from the blocked labels list, but the availability of domain creation with that name is pending release for a random time within a 24 hrs period.
The request is delivered to the Registry via e-mail, fax or post.
Hereinafter, when the delay is anticipated, - providing an opportunity for all the interested parties to seek the domain name equally, by not knowing the exact time in advance (according to the principle “first come, first served”).
23. The procedure does not involve:
23.1. Determination of the purpose for domain creation.
23.2. A legitimacy verification of the domain name and the domain holder’s interest to it. The domain holder is personally responsible for verifying that they did not violate the exclusive rights of other persons to the legal entity name, registered trademark, etc., during domain name composition.
Confusing similarity or identity of the label to other protected labels of other persons, as well as legal evaluation of domain holder interests is the question of court (arbitration) competence.
CLAUSE IV.III. DOMAIN NAME REGISTRATION
The object of the registration is the label that identifies the domain – domain name: (a) which has technical and publicity requirements raised, (b) which is recognized as an object of property and (c) according to which the search in the Whois database is performed. Therefore the check and registration procedures are carried out not due to the domain, but specifically the domain name. When speaking about domain holder honesty, the court also specified the domain name as a registration object: “Domain name registration may be determined by both legal and illegal interests” (Supreme Court of Lithuania 2009/06/22 ruling in the civil case No. 3K-3-272/2009).
24. Domain name registration – a procedure, following which the order for Registry services for one (first) term is considered as accepted for execution.
25. Procedure basis (only entirety):
25.1. Domain creation procedure is completed.
25.2. The fact of the domain name’s compliance with the requirements determined during the domain name check procedure.
25.3. The Registry’s actions approving the order’s acceptance for execution, expressed by changing domain status in the Whois database to “Registered” and creating records about the domain in the DNS servers (if indicated in the application). The Registry does not inform the domain holder in any other way about domain name registration.
26. From the moment of domain name registration, the domain holder, following the principles, requirements and conditions of this Regulation, at his discretion determines the domain structure, decides on the contents, methods of use, etc. The Registry does not consider domain inactivity as evidence for the illegitimacy of domain holder interests in the domain name.
It is a question of court (arbitration) competence.
27. In case of domain name registration, the first term starts the following day (from zero hours zero minutes) after the day of domain creation and ends on the corresponding day of the month of the next calendar year, and if such a calendar day does not exist or is a legal holiday – the following day after that (workday).
See article 15 of this Regulation.
Term expiration date in the Whois database is indicated formally, not taking into account the specified rule. E.g. domain is created (the application is received by Registry system) 2013/10/18; domain name is registered in 2013/10/23. The first term begins in 2013/10/19. Term expiration date is indicated in the Whois database as 2014/10/19. When determining the exact term expiration date it is taken into account that 2014/10/19 is a holiday, therefore the first term ends in 2014-10-20.
CLAUSE IV.IV. RENEWAL
28. Renewal – procedure, after performing which the term continues uninterrupted.
29. This procedure can be performed during the period from domain name registration until domain deletion. The Registry does not provide warnings to the domain holder about the expiration of the current term.
30. Renewal is calculated in indivisible terms. The largest number of cumulative (not yet started) renewals is five terms.
At any time the total number of renewals, that start after the current term, cannot exceed five terms. The applications in the exceeding part are not accepted for execution.
31. Basis of procedure – domain holder’s will expressed in actions (the submission of the order to the appointed Registrar).
32. The Procedure is completed by submitting a Registry system renewal application. From the submission of a renewal application, there is an obligation for the appointed Registrar to pay a fee to the Registry in accordance with the number of renewals.
33. The Procedure is performed by the appointed Registrar. In the options regarding a specific domain, auto-renewal can be set for one term.
It applies if the options do not specify the term expiration or <renew> meaning has specified an auto-renewal application. If the options indicate <delete> meaning, auto-renewal is not applied.
34. The procedure is finished, when the specified expiration in the Whois database is changed.
35. In the case of renewal, the terms are calculated by adding all the terms since the day of domain creation.
For example, the domain was created (the application received by the Registry system) in 2013/10/18; domain registered 2013/10/23. The first term starts in 2013/10/19, formally expires in 2014/10/19. Renewal procedure for five years was performed in 2013/11/21. In this case term expiration date is changed into 2019/10/19 in the Whois database (by adding up the first term and five renewal terms). When determining the exact renewal expiration date in this case it is taken into account that 2019/10/19 is a holiday, so the renewal term expires in 2019/10/21.
CLAUSE IV.V. SUSPENSION
(by registry’s will)
36. Suspension – a procedure, by which the domain delegation is temporarily restricted, and transfer and domain trade procedures are not permitted.
Domain inaccessibility through DNS servers is not considered as suspension, when it is determined by the conditions of other procedures (e.g. at the time of performing the check procedure, i.e. from domain creation until domain name registration, as well as in the cases specified under subarticles 44.3, 76.2, 87.3 and article 81 of this Regulation).
37. The procedure may be completed at any time during the period from domain name registration until domain deletion.
38. Basis of procedure (any separately):
38.1. The Registry's will expressed in actions, if the domain holder does not secure the accuracy of its data. Suspension is terminated after completion of the data change procedure.
Registry has a right but not an obligation to carry out the suspension procedure, subject to the circumstances and possible consequences. Procedure is carried out only in exceptional cases, when it is impossible to achieve compliance with the principles and conditions of this Regulation by persuasion.
Breaching data specificity principle (see subarticle 7.1.3 of this Regulation). E.g. unrealistic or incomplete domain holder data indicated in the Whois database and therefore neither Registry nor the appointed Registrar can reach domain holder by indicated contacts.
38.2. By direct request of an interested party related to the domain holder, made to the Registry regarding the suspension, if the circumstances provided in the request are confirmed by attached documents:
Applies if the Registry is approached with the request of suspension. After receiving such a request the appointed Registrar independently decides on restraining domain delegation through its own indicated DNS servers.
E.g. parents, guardians, successors, assignees, participants of a liquidated legal entity or competent state authorities.
38.2.1. If the domain was created by or rights to the registered name domain were acquired by:
188.8.131.52. A person, who cannot be the domain holder. Suspension is terminated once proof that the domain holder is an existing natural or legal person is provided.
I.e. non-existent natural or legal person is indicated as domain holder. If existing domain holder, creating a domain name has possibly breached another person’s right to the protected label,
a suspension procedure is not performed. In that case in accordance with the legislation a dispute on the right to use the domain name between an interested party and the domain holder must be solved on its merits.
184.108.40.206. A natural person of limited ability under 14 years old, who was not represented by parents or guardians when concluding the transaction. Suspension is terminated after submitting the transaction approval of parents or guardians.
220.127.116.11. A natural person of limited ability between the ages of 14 and 18 without the agreement of parents or guardians. Suspension is terminated after submitting the agreement of parents or guardians.
18.104.22.168. An incapacitated individual. Suspension is terminated after submitting approval from a guardian to operate the domain.
38.2.2. If, after domain creation or the acquisition of rights to the registered name domain:
22.214.171.124. The domain holder - natural person is recognized as incapable or of limited capability. Suspension is terminated after submitting approval from a guardian to operate the domain (in the case of incapability) or approval from a guardian that the domain holder may continue to operate the domain (in the case of limited capability).
126.96.36.199. The domain holder - natural person has died or is declared dead. Suspension is terminated once the succession procedure is completed.
188.8.131.52. The domain holder - natural person is liquidated following reorganization. Suspension is terminated once the successor completes the succession procedure.
184.108.40.206. The domain holder - legal entity is liquidated without succession. In this case, termination of suspension following de-registration of the legal entity is not possible, – the Registry performs the domain deletion procedure immediately after a verification of the circumstances indicated in the request.
38.3. After the Registry independently identifies the defects in domain creation, the acquisition of rights to a registered name domain or domain dependence, identified in this Regulation’s subarticles 220.127.116.11 – 18.104.22.168 and 22.214.171.124 – 126.96.36.199., the question of suspension termination is analyzed in the same way as it is determined under the specific subarticles.
38.4. The Registry is presented with official information that permission for the domain holder to use a label reserved by normative acts in the domain name is no longer in effect. Suspension is terminated following the submission of a valid permit.
39. Suspension upon a domain holder’s will or by the request of unrelated persons is not possible.
40. The procedure is completed by the Registry by deleting records of the domain from Registry’s DNS servers and setting the domain status in the Whois database as “Suspended use”. In addition to the records in the Whois database, the domain holder is not informed about the procedure.
41. Suspension does not affect the terms.
CLAUSE IV.VI. RESTRICTION
(not by registry’s will)
42. Restriction – procedure, following which the rights to the domain are temporarily restricted. During the period of restriction, only those procedures that do not contradict the reason for restriction can be performed manually.
The procedure is carried out not upon the will of the Registry because he only executes the received document addressed to him according to the provided guidelines. Restriction does not amount to detention since “domain is an intellectual property of an intangible nature” (Vilnius Regional Court 2013/04/19 ruling in the civil case No. 2-455-656/2013), which means, it is not an object which could be physically detained.
43. The Procedure may be completed in the period from domain name registration until domain deletion.
44. Basis of procedure (any separately):
44.1. Court (arbitration) has sent a ruling directly to the Registry, according to which a record on the prohibition for the domain holder to cede the rights to a specific registered name domain must be made in the Whois database, or, when enforcing the court (arbitration) ruling, the bailiff’s ordinance for the Registry to restrict the disposal of a specific registered name domain (arrest). The procedure is performed by the Registry by marking the domain status in the Whois database as “Restricted disposal”. After completion of the procedure, the domain delegation is not restricted.
E.g., interim measure specified “record in a public Registry on the insurance of transfer of ownership rights”, such ruling may be sent to an appropriate manager of public Registry if necessary.
Essentially there are two procedures related with disposal in this Regulation, after performing which during the hearing, the execution of a decision may become harder or impossible: domain trade and deletion. Therefore, dependent on the requirements of the claim, the prohibition to perform a trade procedure may be an interim measure (e.g. when the plaintiff seeks for an obligation for the domain holder to delete the domain) or prohibition to carry out both aforementioned procedures (e.g. when the plaintiff seeks for an obligation for the domain holder to transfer the rights to the registered name domain to the plaintiff himself). During the period of restriction, domain deletion for not performing the renewal procedure is not carried out; therefore the obligation for the domain holder to perform the renewal during the proceedings would be redundant. Other domain holder actions that might have a negative effect on the execution of the decision (e.g. pawning the rights to the registered name domain) are not related with the procedures determined in this Regulation.
44.2. When enforcing a court ruling, the bailiff’s ordinance for the Registry to restrict the use, operation and disposal rights related to a specific registered name domain. The procedure is performed by the Registry, by eliminating records of the domain from Registry DNS servers and marking domain status in the Whois database as “Restricted rights”.
E.g. when the court decides to temporarily terminate the operation of electronic media or applies an interim measure in the case on removing non-disclosable information.
44.3. Other acts of the application of the law, except for those indicated under subarticles 44.1 and 44.2 of this Regulation, directly obliging the Registry to perform the restriction procedure. The procedure is performed by the Registry in accordance with application of the law.
45. The Registry performs the procedure immediately after receiving the basis for restriction, within as much time, as is needed to ascertain the level of restriction, distribute the task and execute orders manually. In addition to the records in the Whois database, the domain holder is not informed about the performance of the procedure.
46. Restriction is terminated once the Registry receives a document indicating that the basis of the procedure has expired.
E.g. effective court ruling on the removal of interim measures, effective court decision, which dismisses the claim, etc.
47. Restriction does not affect the terms.
CLAUSE IV.VII. DATA CHANGE
48. Data change – a procedure, designed to specify the data indicated in the Registry System.
49. The procedure may be performed during the period from domain creation until domain deletion.
50. When performing the procedure, the domain name, domain holder, Registrar or date of expiration cannot be changed.
Domain name cannot be changed. Special procedures are designed for the change of domain holder, Registrar and term expiration.
51. Basis of procedure (any separately):
51.1. The domain holder’s will regarding change in data expressed in actions (submission of an order to the appointed Registrar). Instead of the order, the appointed Registrar may enable the domain holder to safely change the data indicated in the account in their own information system, and form an application on that basis.
51.2. The appointed Registrar’s will regarding change of the technical domain information is expressed in actions (application submission to the Registry system), ensuring the interest of the domain holder.
52. PThe procedure is performed by submitting a data change application to the Registry system, except in the case of a change in the personal name of the domain holder.
53. The procedure is performed by the Registrar. In the case of a change in the personal name of the domain holder, this data is manually changed by the Registry according to the data provided.
54. The procedure is completed when the data of the domain holder and (or) information about the domain is changed in the Whois database.
55. The data change does not affect the terms.
CLAUSE IV.VIII. TRANSFER
56. Transfer – procedure designed for the domain holder to choose another appointed Registrar instead of the present one.
57. The procedure may be performed during the period from domain name registration until domain deletion.
58. When completing the procedure, the domain name, domain holder or expiration date cannot be changed.
Domain name cannot be changed. Special procedures are designated for the change of domain holder and term expiration.
59. Basis of procedure – the domain holder’s and his newly chosen Registrar’s will expressed in actions as indicated below.
60. PThe procedure is performed by:
60.1. The domain holder, personally initiating the change of the Registrar in the Registry system.
Connecting to the Registry system (in the part designated for the domain holders in the Registry system) via WEB interface and using the menu option “Change the Registrar”.
60.2. The domain holder’s newly chosen Registrar, within 7 calendar days after initiation of the procedure, providing the Registry system transfer application and thus confirming the acceptance to provide procedural and related technical services to the domain holder. The domain holder’s newly chosen Registrar may link the application submission with an advance payment for one renewal term.
61. If the domain holder’s newly chosen Registrar submits the application on time, the procedure is completed when the records about the appointed Registrar change in the Whois database.
62. If the domain holder’s newly chosen Registrar does not provide the application on time, the procedure is terminated and the appointed Registrar is considered unchanged.
63. Transfer does not affect the terms.
CLAUSE IV.IX. DOMAIN TRADE
(by domain holder’s will)
64. Domain trade – a procedure, by which the right of the domain holder to the domain is ceded to another person by the domain holder’s free will.
I.e. the rights to the registered name domain are not ceded to another person until the domain trade procedure is completed as it is specified under this clause.
65. Rights to the created domain name (as a label) cannot be transferred to another person separately from the rights to the domain.
66. The Procedure may be performed within 30 calendar days following registration of the domain name, until domain deletion. Registry, after receipt of a motivated request from the domain holder may, for valid reasons, manually advance the admissibility of the procedure.
Including the domain creation by the name of the gaining registrant in the case of domain trade, and domain creation during the period of “quarantine”, because the domain name is also registered in these cases.
67. Basis of procedure – the contract between the domain holder and the gaining registrant (purchase-sale, trade, donation, investment, peace, etc.) whose subject is trade of the rights to a specific domain. Only the fact of entering into a contract is confirmed to the Registry. The contractual parties are responsible for the legitimacy and validity of the basis of the domain trade procedure.
Entering into a contract without carrying out domain trade procedure according to the conditions specified in this Regulation has no effect to the records about the domain holder in the Whois database. Only after completing the domain trade procedure, domain holder changes in the Whois database.
Registered name domain trade procedure, when domain name includes legally reserved label, is not permitted until the gaining registrant provides the Registry with the permit to use the label in the domain name or a confirmation that according to the legislation, the gaining registrant does not need such permission.
Performing the procedure by the actions of the domain holder and Registrar, who acts in accordance with the gaining registrant’s indications. The basis itself is not provided to the Registry.
E.g. when the rights to the registered name domain are pawned, the domain holder is liable to the interested party for the fact that he performed the domain trade without having a pledgee’s consent or not informing about the pawning.
68. The procedure consists of the deletion of a domain belonging to the domain holder without “quarantine” and the creation of the same registered name domain, with registration in the name of the gaining registrant. The procedure is performed by:
68.1. The domain holder, personally initiating the domain trade in the Registry system and thus confirming their domain refusal in favour of the gaining registrant. During initiation, it is verified, whether the domain name is not included on the list of labels reserved by normative acts. If the domain name has such a label, the procedure is manually initiated by the Registry, after receiving the request of the domain holder and documents specified in article 17 of this Regulation, issued to the gaining registrant.
Connecting with the Registry system (in the part designated for the domain holders in the Registry system) via WEB interface and using the menu option “Trade the domain”.
68.2. The gaining registrant’s chosen Registrar, within 7 calendar days after initiation of the procedure, submits to the Registry system the domain trade completion application in the name of the gaining registrant.
69. If the gaining registrant’s chosen Registrar submits the application within the specified term, the procedure is completed when the domain creation date changes in the Whois database and the gaining registrant is indicated as the domain holder. From that moment, the domain holder initiating the domain trade loses the rights to the registered name domain, while the gaining registrant acquires them.
70. If the gaining registrant’s chosen Registrar within the specified term does not submit the application, the procedure is terminated, while the rights to the registered name domain remain with the domain holder initiating the domain trade.
71. When performing the domain trade, it is automatically verified if the data of the gaining registrant indicated in the application correspond with the data indicated by the domain holder initiating the domain trade. If the data does not correspond, the consequences specified in article 70 of this Regulation occur.
When initiating the domain trade, these data of the gaining registrant are indicated: name and last name, e-mail, when the gaining registrant is a natural person; legal person’s title, e-mail, when the gaining registrant is a legal person.
72. During the performance of the procedure, domain delegation is not restricted.
73. After completing the domain trade:
73.1. The term course is discontinued – provision of Registry services to the domain holder initiating the domain trade is terminated, and started for the gaining registrant.
73.2. The fee paid to the Registry for the term until the domain trade and all current terms is irrevocable, while the payable fee is not recalculated and must be paid following the general procedures; there is the obligation of the gaining registrant’s appointed Registrar to pay the Registry fee for the first term following domain trade.
The first term after the domain trade begins from the day of completing the procedure (see article 69 of this Regulation).
73.3. The accumulated terms of the domain holder initiating the domain trade are transferred to the gaining registrant and are calculated from the first term following completion of the domain trade.
When entering into a contract the domain holder and gaining registrant have to take into account this condition, also the fact that the gaining registrant pays the fee for the first term after the domain trade.
CLAUSE IV.X. CESSION
(not by domain holder’ will)
74. Cession – procedure, following which the domain holder’s rights to the domain are transferred to another person but not by the free will of the domain holder.
75. The procedure may be performed during the period from domain name registration until domain deletion.
76. Basis of procedure (any separately):
76.1. The enforceable decision of a court (arbitration), obliging the domain holder to cede the rights to the specific domain to a specified person. The procedure is performed under the rules of domain trade, with the exception – domain trade in the Registry system is initiated by the Registry instead of the domain holder, when processing of the received basis of procedure is pursued upon the request of the gaining registrant or the bailiff’s ordinance.
76.2. An enforceable court (arbitration) decision to recognize another person’s rights to the specific domain. The procedure is performed by the Registry, following receipt of the person’s, whose rights are recognized, request with the domain holder data to be indicated in the Whois database and a document confirming the basis of procedure. In that case, the completion of the procedure does not affect the terms, while the previous domain holder’s accumulated terms are transferred to the person whose rights are recognized. The procedure is performed manually by replacing the domain holder and his data in the Whois database, by marking the status „Out of service“ in the Registrar’s part and eliminating records about the domain from the DNS servers. Domain delegation may be restored by performing the transfer procedure, which is initiated by the Registry by the request of the gaining registrant.
According to the claims on recognition. E.g. in case of undisclosed agency, the court (arbitration) recognizes the real domain holder rights to registered name domain (in practice sometimes referred to as “re-registration”). Analogy addresses the issue when, in the basis of domain trade procedure being preset, this procedure is not carried out since the domain holder avoids, refuses or due to an event (e.g. death, liquidation without rights takeover) cannot initiate it in the Registry system.
The same appointed Registrar may remain by the choice of the new domain holder. However, the latter has to express the consent to carry out procedural and related technical services after the domain holder changes. It is realized by completing the transfer procedure.
76.3. Any administrative act regarding the cession of the rights of the domain belonging to the state (municipal) budget office to another legal entity. The procedure is performed under domain trade rules, while the domain holder and gaining registrant completes the basis of the procedure.
CLAUSE IV.XI. SUCCESSION
(regarding the events)
77. Succession – procedure following which the domain holder’s rights to the domain are taken by another person, when the domain holder, due to an event, cannot implement their own will.
78. The procedure may be completed during the period from domain name registration until domain deletion.
79. Basis of procedure are events (any separately):
79.1. The death of the domain holder – natural person or declaration of his/her death.
79.2. The termination of the domain holder - legal entity following reorganization.
80. The Procedure is manually performed by the Registry, after receiving a request from the successor or the assignee of rights together with the data of the domain holder, to be indicated in the Whois databease, and a document confirming the inheritance or the acquisition of rights.
E.g. in case of a natural person’s death – certificate of inheritance issued by the notary; legal person’s expiration after reorganization – approved reorganization or separation conditions copy (extract).
81. The procedure is completed, when the domain holder and his data in the Whois database change, by marking a status „Out of service“ in the Registrar’s part and eliminating the records on the domain from the DNS servers. Domain delegation may be restored by performing the transfer procedure, initiated by the Registry by the request of the successor (gaining registrant of rights).
See the note on transfer under subarticle 76.2 of this Regulation.
82. Completion of the procedure does not affect the terms, while the former domain holder’s accumulated terms are transferred to the successor (gaining registrant of rights).
83. The domain holder - natural person’s recognition as incapable, of limited capability, untraceable, appointment in the capital Registry’s, domain holder - legal entity liquidation without the right to succession, in the cases of bankruptcy or restructuring, the procedure is not performed.
CLAUSE IV.XII. DOMAIN DELETION
84. Domain deletion – procedure designed to eliminate the records of the domain from the Whois database.
85. The procedure may be performed, as long as the records of the domain are in the Whois database.
86. Basis of procedure (any separately):
86.1. The domain holder's will, expressed in actions (the submission of the order to the appointed Registrar) or inaction:
86.1.1. Submission of a domain deletion application to the Registry system during the period from domain name registration until the current term’s expiration. In the case of restriction, domain deletion may be performed on this basis, if it does not contradict the basis of the restriction procedure. The procedure is performed by the appointed Registrar following the domain holder’s indications.
86.1.2. Initiating the domain trade procedure in the Registry system under the rules of domain trade. In the case of suspension, domain deletion is not permitted. In the case of restriction, domain deletion may be performed, if it does not contradict the basis of the restriction procedure. The procedure is performed by completing the domain trade procedure, as determined in article 69 of this Regulation.
86.1.3. The current term’s expiration, without performing timely renewal procedures, in the absence of the auto-renewal option and accumulated terms. In the case of restriction, the domain deletion is not permitted. The procedure is performed automatically without the application.
86.2. Will expressed by the Registry’s actions:
The Registry has a right but not an obligation to carry out the deletion procedure on this basis.
86.2.1. Deletion of a specific domain, that does not comply with the requirements, as determined under subarticle 20.2 of this Regulation.
86.2.2. Deletion of a specific domain, while undergoing a suspension procedure, while the domain holder or an interested party, upon whose request the suspension has been performed, within 30 days does not perform the actions necessary to terminate the suspension (if possible) and does not approach the Registry with a request to postpone domain deletion due to serious reasons. The procedure is manually performed by the Registry.
Suspension cannot be terminated in the case specified under subarticle 188.8.131.52 of this Regulation.
E.g. due to the issue term of the certificate of inheritance right.
86.3. An enforceable court (arbitration) decision, according to which the domain holder is obliged to delete a specific domain. The procedure is performed manually, after the Registry receives the domain holder’s request or bailiff’s ordinance, if no other domain deletion method was set by the enforceable court (arbitration) decision.
87. After completing the domain deletion:
87.1. The terms stop.
87.2. The fee paid to the Registry for the past up to domain deletion, present and accumulated terms is irrevocable, while the payable fee is not recalculated and must be paid following the general procedures.
87.3. Records of the domain are eliminated from the DNS servers (domain is not delegated).
87.4. The status „Quarantine“ is marked in the Whois database when applied or any records about the domain are eliminated from the Whois database, when „quarantine“ is not applied (in the latter case, the allowance of domain creation in the same name is delayed for a random time within a 24 hrs period).
88. „Quarantine“ means, that the records about the domain temporarily stay in the Whois database following domain deletion. During the „Quarantine“ period the last domain holder has the right to create a domain in the same name. This possibility cannot be granted or transferred to other persons, except for the successors or the assignee of rights.
In the case specified under subarticle 79.1 of this Regulation – successor, and in the case specified under 79.2 – acquirer of the rights, after providing a document confirming the inheritance or the transfer of the rights to the Registry. Other persons have an opportunity to create a domain in the same name only after the end of “quarantine”.
89. „Quarantine“ is applied in the case of domain deletion specified in the subarticles 86.1.1 and 86.1.3 of this Regulation.
90. „Quarantine“ begins from the appearance of the status „Quarantine“ in the Whois database and continues for 30 calendar days, and if the expiration day is not a workday – expires the following working day. The Registry may manually shorten the duration of the “quarantine” after receiving the last domain holder’s request in writing, wherein appointed Registrar has confirmed the identity of the applicant.
The purpose of “quarantine” – protect the rights of a domain holder to a registered name domain when the deletion procedure is performed incorrectly (e.g. the appointed Registrar submitted the domain deletion application in the Registry system without the indications of the domain holder or the domain holder did not order a renewal on time). The last domain holder request to the Registry to shorten the duration of “quarantine” means a confirmation that there was no mistake when performing domain deletion procedure. In this way the last domain holder personally refused the given opportunity to create a new domain by the same name.
91. Once the „quarantine“ term expires, the records of the domain are eliminated from the Whois database, yet the allowance of the domain creation in the same name is delayed for a random time within a 24 hrs period.
92. After eliminating the records of the domain from the Whois database, the name of that domain is considered to be deregistered.
SECTION V. FINAL PROVISIONS
93. If the Registry declines to complete domain name registration, or any other procedure such as the suspension or domain deletion by their own will, the domain holder has the right within 7 calendar days after the relevant fact to make a claim to the Registry. The Registry, within 7 calendar days after receiving the claim, must provide the domain holder with a motivated answer. If the domain holder disagrees with the Registry’s motives, the dispute is stated.
94. Disputes are settled:
94.1. By an Ad hoc arbitration, after the disputing parties enter into agreement to transfer the dispute to the arbitration selected by them. In that case, the domain holder and Registry appoint one of their own arbitrators, while they select the third, the chair of settling the dispute.
94.2. According to the domain holder’s claim to the permanent arbitration body, after the disputing parties enter into an arbitration agreement.
94.3. According to the domain holder’s claim to an ordinary court.
95. Disputes between the domain holder and other persons regarding the rights to the registered name domain, its use or contents, shall be settled according to the laws. The parties to the dispute are the domain holder and person thinking that the domain holder has breached their rights (Registry is not a part of the dispute).
According to the common global practice, the parties of the dispute are recommended, to the extent it does not contradict normative legislation, settle such disputes in a permanent arbitration body, which confirmed the Alternative Dispute Resolution Procedures regarding domains.
96. This Regulation does not include the Registry’s internal procedures and means, related to work organization, information safety, incident investigation, information disclosure in the Registry’s website and other function performance. Also, this Regulation does not define a onetime procedure, with the features regarding enforcement of the application of the law or other reasons.
97. Lower level domain names (third, fourth, etc.), established under the domains are not registered in the Whois database. Their creation order is determined by the domain holders themselves, taking into account the principles and requirements of this Regulation. The lower level domains, in the cases of domain trade, cession and succession, follow the domain, and in the case of deletion – are deleted together with the domain where they are established.
98. Persons wishing to create a domain or acquire rights to a registered name domain under the conditions of undisclosed agency (when the nominal domain holder does not correspond with the actual one), acquire a risk, related to the fact, that the rights to the registered name domain are acquired by an undisclosed agent. In this case, the aforementioned persons cannot approach the Registry or appointed Registrar regarding the provision of services, and do not have the right to realize the rights to the domain independently, without the expressed will of the nominal domain holder, indicated in the Whois database.
99. This Regulation was adopted after consulting with the Registrars, and summarizing the established practises. The authentic text of the Regulation is disclosed publicly on the Registry’s website in .pdf format, and an informational .html format version is also provided with the comments. The Registry’s comments are not a part of this Regulation; therefore they may be removed, changed or supplemented at any time, depending on the received inquiries. If separate articles of the Regulation are changed or supplemented, the relevant version of the current wording is published, and if the Regulation is changed essentially – the new wording is published.
The changes and additions are included in the text of this Regulation, which is published on the website of the Registry by indicating the current edition (e.g. 2.1, 2.2, etc.).
When stating the text with new content of this Regulation or after changing more than half articles of this Regulation, a new edition (e.g. 3.0) is published on the Registry website.
100. The principles, requirements and conditions of this Regulation apply to all the procedures performed since September 15th, 2014. As of that date, the previous Procedural regulation for the .lt top-level domain (November 1st, 2009. ed. 1.2) cease to be valid.
APPENDIX SECTION I. GENERAL PROVISIONS
P-1. This appendix defines the principles, requirements and conditions of providing the special procedures in the .lt domain.
P-2. All Registrars must comply with principles, requirements and conditions in the special procedures, and in directly referred cases – accreditation applicants.
P-3. This appendix uses the terms and abbreviations defined in section I of the Procedural regulation for the .lt top-level domain.
P-4. The meaning and contents of the special procedures are defined in section IV of this appendix.
APPENDIX SECTION II. PRINCIPLES OF SPECIAL PROCEDURES
P-5. Special procedures are performed according to the following principles:
P-5.1. The systematic preparation principle related to testing and accreditation. The Registrar must be ready to properly perform the permitted procedures from the technical, organizational and financial point of view.
P-5.2. Related with the conclusion and execution of service agreements:
P-5.2.1. Certainty principle. Registrars must ensure that the registrants are real natural or legal persons, able to acquire rights and obligations in their own name.
E.g. require a personal payment via electronic banking.
P-5.2.2. Explicitness principle. Procedural and related technical services due to a specific domain may be performed only by one appointed Registrar at one time.
P-5.2.3. Registrant interest priority principle. Registrars must perform the permitted procedures according to the indications of the registrants, in accordance with the principles, requirements and conditions determined in the Procedural regulation for the .lt top-level domain; act fairly and reasonably so as to be consistent with the interests of the registrants; create an opportunity for the registrants to change the appointed Registrar.
An order is a form of registrant’s will and indications. If the registrant’s indications contradict Procedural regulation for the .lt top-level domain, the Registrar shall explain the registrant the nature of the contradiction and refuse to execute such order.
P-5.2.4. Service separation principle. Registrars must separate the procedural and related technical services from the other services provided to the registrants (content development, hosting information, installation, etc.) in a way such that registrants can at anytime, without a primary notice, initiate the transfer procedure without interruptions. If the Registrars apply the registry lock, it must be terminated immediately upon the request of the domain holder.
P-5.2.5. Data security principle. Registrars must implement effective information security measures, and organize the provision of the procedural and related technical services in a way that only qualified employees appointed by them would be able to connect to the Registry system and perform the procedures.
E.g. protection of technical equipment, software, databases and premises, periodic backup of information, installation and updates of anti-virus software, registry lock, etc.
The particularity principle related to conveyance. Registrars must provide the registrants with necessary, correct and comprehensive information that might have an impact on the registrants' decisions regarding ordering or initiating any procedure, as well as inform the Registry about relevant circumstances related to the activities carried out.
APPENDIX SECTION III. REQUIREMENTS TO THE REGISTRARS
P-6. A person complying with these essential requirements can be a Registrar (applies to both accreditation applicant and Registrar during the whole accreditation period):
P-6.1.1. Is a legal person, capable of providing the registrants with procedural and related technical services, or a capable natural person, having registered this type of self-employment activities in Lithuania in accordance with legislation.
P-6.1.2. Has appointed at least two employees, responsible for the registrants’ services and performance of the procedures (in the case of registered self-employment, the person carrying out the activity and an employee are responsible).
P-6.2.1. Has an existing website, designed to inform and serve registrants. The Registrar’s website must include public information that is easy to find, without registration, indicated under article P-47 of this appendix, or must provide reference to such information.
P-6.2.2. Has a primary DNS server, self-operated, whose accessibility is no less than 95% of the time, over any interval of thirty days.
I.e. no more than 5% of time may be dedicated for managing computer hardware, maintenance and software installation.
P-6.2.3. Has a secondary DNS server, self-operated, or uses the DNS server of the Registry for this purpose (in that case the primary DNS server must be configured so that the secondary DNS server could transfer the records about the domains automatically).
P-6.2.4. Ensures that the DNS servers’ configuration is in compliance with the technical standards, determined in the internet self-regulation documents.
P-6.2.5. Ensures that the DNS servers that are used as primary or secondary, would not serve recursive queries.
APPENDIX SECTION IV. PERFORMANCE CONDITIONS OF SPECIAL PROCEDURES
APPENDIX CLAUSE IV.I. OPERATIONAL TESTING & EVALUATION
P-7. Operational Testing & Evaluation – a special procedure, designed to provide an opportunity to accreditation applicants to use the Registry system’s Operational Testing & Evaluation environment.
P-8. In order to perform the procedure, the accreditation applicant must fill in the accreditation application form in the Registry system and within 3 workdays submit the document, confirming compliance with the requirement indicated under the subarticle P-6.1.1 of this appendix.
In the part of the Registry website “Become a .lt Registrar”.
A legal person registered in Lithuania – statues (provisions) or other founding document, which specifies the nature of activity; a legal person registered abroad – a document confirming the registration and a detailed registry extract; natural person – certificate of registration on individual activities.
P-9. If the accreditation applicant:
P-9.1. Does not provide the required documents in a timely manner, or by the provided documents it is impossible to determine their compliance with the requirement indicated under the subarticle P-6.1.1 of this appendix, or does not comply with this requirement, the procedure is terminated and further procedures are not performed.
P-9.2. According to the provided documents that comply with the requirement indicated under the subarticle P-6.1.1 of this appendix, the Registry gives the activation identifiers of two accounts in the Registry system Operational Testing & Evaluation environment by e-mail.
Connection, activation and safety codes.
P-10. The procedure is performed by the accreditation applicant by activating the two accounts in the Registry system Operational Testing & Evaluation environment. The activation identifiers received from the Registry are used for this purpose. When performing the procedure, the accreditation applicant indicates his EPP and WEB passwords in the account activation form.
P-11. The procedure is completed once a notice about activating the account appears in the Registry system Operational Testing & Evaluation environment.
APPENDIX CLAUSE IV.II. TESTING
P-12. Testing –a special procedure, designed to check the software, installed by the accreditation applicant or Registrar, and its technical compliance with the Registry system, when the EPP interface is used for carrying out the permitted procedures, as well as to create a practical opportunity for the employees of the accreditation applicant or Registrar, responsible for the service of registrants and performing the procedure, to perform the permitted procedures in the Registry system Operational Testing & Evaluation environment.
P-13. The procedure must be performed:
P-13.1. Before accreditation.
P-13.2. After accreditation, when the Registrar intends to partially change usage, or install other, software, or has changed employees responsible for the service of the registrants and performing the procedures.
P-14. The procedure is performed after connecting to the Registry system Operational Testing & Evaluation environment.
P-15. PThe procedure is performed by the accreditation applicant or the Registrar (their appointed employees, responsible for the service of the registrants and performing the procedures) according to the Testing instruction in the Registry system Operational Testing & Evaluation environment, where the required tasks are described.
P-16. The Registry must be immediately informed about the performed procedure. The Registry verifies the testing results and, if there are compatibility errors, informs the person carrying out the procedures by e-mail. In such cases, the procedure is performed repeatedly until there are no compatibility errors.
P-17. The procedure is completed when full technical compatibility of the accreditation applicant’s or Registrar’s installed software with the Registry system using EPP interface is reached.
APPENDIX CLAUSE. IV.III ACCREDITATION
P-18. Accreditation – a special procedure, following which the accreditation applicant acquires the rights and obligation of the Registrar as well as takes responsibility for the procedures performed.
P-19. A person is accredited, if all the following conditions are fulfilled:
P-19.1. Operational Testing & Evaluation and testing procedures are completed.
P-19.2. The accreditation applicant has submitted documents and other evidence, confirming their compliance with the requirements indicated under subartilces P-6.1 – P-6.3 in this appendix, to the Registry. The documents are submitted:
P-19.2.1. A legal person registered in Lithuania or self-employment registered natural person submits the documents to the Registry in Lithuanian.
P-19.2.2. A legal person registered abroad submits the documents to the Registry in English or in original language with the translation to Lithuanian or English.
P-19.2.3. Documents transcripts (copies) and extracts must be approved by the person submitting them.
P-20. The Registry checks the documents provided by the accreditation applicant and makes a decision regarding accreditation. If necessary, the Registry has the right to request additional documents or proof, if the documents provided by the accreditation applicant do not prove compliance with the requirements. In such a case, the additional documents must be submitted within 7 calendar days after receiving the Registry’s requirements. If the Registry has decided to accredit a person, an accreditation agreement to be signed shall be sent via e-mail. If the Registry decided not to accredit a person, the reasons for refusal shall be sent by e-mail.
P-21. The Accreditation applicant, after receiving an accreditation agreement to be signed, must, within 7 calendar days, pay the advance in the set amount and send (submit) the Registry two copies of the signed accreditation agreement.
Legal person that have a seal – two signed copies of the accreditation agreement confirmed by the seal of legal person.
P-22. The Registry, having the received the advance and two copies of the Registrar’s signed service agreement in a timely manner, shall sign them and send one copy to the Registrar. Alongside, the Registrar receives his Registry system activation identifiers.
Connection code – via e-mail, facsimile and sms; account activation code – via e-mail; security code – via facsimile or sms.
P-23. The procedure is completed, when the Registry signs the accreditation agreement.
P-24. Accreditation is termless.
P-25. Accreditation cannot be transferred to other persons or inherited.
APPENDIX CLAUSE IV.IV. SERVICE AGREEMENT CONCLUSION AND EXECUTION
P-26. Service agreement conclusion and execution – a special procedure, designed to regulate the legal relations of the Registrar with the registrants regarding the performance of procedural and related technical services in accordance with the Procedural regulation for the .lt top-level domain.
P-27. The service agreement form and conclusion, as well as the order procedure, is determined by the Registrar. The contents of the service agreements cannot contradict the normative legal acts and the Procedural regulation for the .lt top-level domain.
P-28. When entering into a service agreement, the Registrar must:
P-28.1. Verify the identity of the registrant.
P-28.2. Ascertain the registrant's, as a natural person, capability to enter into a service agreement.
If the Registrar has been approached by a natural person under the age of 14, the service agreement has to be concluded with his parents or guardians. If the Registrar has been approached by a natural person of the age 14-18, the service agreement has to be concluded after receiving an agreement from the parents or guardians. If the Registrar has been approached by an adult natural person, whose actions may be doubtful, the Registrar shall decide by himself on the possibility to enter into a service agreement with such a person.
P-28.3. Verify the registrant's, as a legal entity, authorization to enter into a service agreement.
P-28.4. Receive confirmation from the registrants that they recognize the Procedural regulation for the .lt top-level domain as mandatory when performing procedures related to the domains created and operated upon their will. The approval shall be expressed in a way that would make it possible to prove this fact at any time during the service agreement period.
P-28.5. Receive the registrant's - natural person's agreement regarding the processing, use and disclosure of their data when performing the procedures.
P-29. The concluded service agreements are not provided to the Registry, except for the cases when the Registry, after receiving the registrants’ claims regarding the improper performance of the procedures or non-performing at the specified time, is forced to intervene in order to correct the situation. In this case the Registrar upon the request of the Registry, must, within 3 workdays, provide copies of the service agreements and explanations regarding the performance of the services to specific registrants, to the extent it is relevant to the claims provided to the Registry.
P-30. Concluded service agreements are executed under the conditions specified therein, in accordance with the Procedural regulation for the .lt top-level domain. The Registrar is personally liable for the validity and consequences, arising from the improper performance of the procedures or non-performance on time, of the performed procedures.
P-31. When executing the concluded service agreement, the Registrar:
P-31.1. Registers as the data keeper (manager) in accordance with the legislation, chooses the appropriate data protection measures.
P-31.2. Collects, processes, manages, uses and protects the data of the registrants, with whom he has concluded the service agreements.
P-31.3. Creates the registrants' served accounts in the Registry system, indicating the following data:
P-31.3.1. Registrants' - natural persons’: name and last name, address for communication, telephone number, public e-mail, fax number (if the registrant has such).
P-31.3.2. Registrants' - legal persons’: name, address of residence, responsible employee, telephone number, e-mail, fax number (if the registrant has such).
P-31.4. Ensures that the data indicated in the applications are accurate and sufficient to contact the registrants.
P-31.5. Acts as a disclosed agent, submitting the applications of the permitted procedures to the Registry system in the name of the service registrants.
P-31.6. Provides help to registrants when they initiate transfer or domain trade procedures.
P-31.7. Performs the conveyance procedure, in accordance with the clause IV.VI of this appendix.
APPENDIX CLAUSE IV.V. PAYMENT
P-32. Payment – a special procedure, designed for the Registrar to meet the financial obligations to the Registry for paid procedures, performed during the last reporting period.
P-33. A reporting period is a calendar month.
P-34. Basis of procedure: the Registrar receives an invoice, to which a summary of the procedures performed during the last reporting period is attached.
P-35. The summary of the performed procedures is generated automatically according to the records in the Registry system and is provided in the Registrar’s account within 3 workdays following the end of the reporting period.
P-36. The Registrar cannot deny the financial obligation (or its part) according to the provided account motivating it by:
P-36.1. Not completing the procedures, included in the performed procedure summary based on the records in the Registry system.
Records in the Registry system (.log files) appear only after completing the procedures. Not completed procedures cannot appear in the completed procedure summary generated automatically under those records.
P-36.2. During the performance of separate procedures, an employee made a mistake.
The risk of the Registrar regarding the mistakes of his employees is born by the Registrar himself and not the registrants or Registry. Therefore the mistakes that have been made, if the fact of carrying out the procedure is recorded in the Registry system, do not eliminate the Registrar’s obligation to pay a fee to the Registry for every paid procedure performed.
P-36.3. The Registrant refuses to pay the Registrar for procedures not ordered or which are completed with errors, deviating from the order.
Registrar bears the risk related with carrying out the procedures without an order or differently than specified in the order.
P-37. The procedure is performed by the Registrar.
P-38. The procedure is performed within 7 calendar days after forming the invoice in the Registry system by paying the Registry amount indicated in the invoice.
P-39. The procedure is completed when the Registry receives the payment.
P-40. In the case of a delayed payment, the Registrar shall pay the Registry the interest provided in the accreditation agreement. If the Registrar does not pay the amount indicated in the invoice for the last reporting period until the end of the current period, the Registry has the right to stop, and if the delay exceeds 30 calendar days since forming the invoice in the Registry system – terminate the accreditation.
P-41. The Registrar cannot refer to the fact of the registrant's delay or refuse to pay for the performed procedures as a circumstance reducing or dissolving responsibility towards the Registry.
Registrars are recommended to agree with the registrants on the advance payment for the procedures.
P-42. All Registrars for each of the paid procedures performed are subject to the same Registry fee amounts, which are published on the Registry’s website, in the part of the Registry system designed for Registrars. If the Registry acts as an appointed Registrar upon the request of the registrants, the Registry’s fee consists of the constituent of the Registry itself, as an appointed Registrant, provided the cost of procedural and related technical services.
P-43. The Registry fee is not subject to discounts. The Registry can determine the preferred fee amounts to specific registrant categories, apply lower – occasional and incentive – fee amounts to all or specific types of procedures.
P-44. The Registrar has a credit limit determined for the paid procedures, which can be performed without pre-payment. It is calculated according to the average of the latter three invoices for that Registrar, increased by 20%. The Registrar may perform the paid procedures exceeding the credit limit by paying the Registry for them in advance.
APPENDIX CLAUSE IV.VI. CONVEYANCE
P-45. Conveyance – a special procedure, designed for the Registrar to warn the registrants and Registry about relevant circumstances, related to procedures or the actions of the Registrar.
P-46. The procedure is performed by the Registrar.
P-47. Until conclusion of the service agreement, explanatory information is provided. A person, wishing to create a domain, is obligatorily acquainted with the Procedural regulation for the .lt top-level domain (by confirming obligatory application), with compliance with subarticle P-28.4 of this appendix. Also, the following is publicly disclosed:
P-47.1. The Registrar’s identification data, in accordance with the law.
P-47.2. The general domain creation order, requirements for the domain name.
P-47.3. Permitted procedures and their performance conditions.
P-47.4. The expiry date of rights to the registered name domain.
P-47.5. Service application order and price.
P-47.6. Data processing and use provisions. The Registrant must be informed about the fact, that by creating the domain it is also agreed that the Registry’s services are performed, and therefore the Registry system submits his data, which are disclosed in the Whois database in specified amounts.
P-48. When executing the concluded service agreement, the initiating or ordering procedure’s performance conditions are explained to the Registrant.
P-49. When executing the accreditation agreement, the Registrar informs the Registry by mail, fax or e-mail about:
P-49.1. Any Registry system malfunction, which prevents the completion of the procedures.
P-49.2. The intention to terminate the Registrar’s operations.
P-49.3. Other circumstances that may have an effect on the accreditation agreement’s execution under the conditions specified therein.
APPENDIX CLAUSE IV.VII. CONSULTING
P-50. Consulting – a special procedure, at the time of which the Registrars may express their remarks and give suggestions regarding the Registry’s prepared project, that changes or supplements the Procedural regulation for the .lt top-level domain.
P-51. Basis of procedure – the Registry’s will expressed in actions (the announcement on the registry website, in the section designed for Registrars).
P-52. The procedure is performed:
P-52.1. In the form of collecting remarks and suggestions, when the Registrars have a possibility within 30 calendar days after announcing the consultation via e-mail, to express their opinion on the project prepared by the Registry.
P-52.2. In the form of discussion during the Registrars’ meeting, when the remarks and suggestions regarding the project prepared by the Registry, the authorized representatives of the Registrars can express an opinion during the discussion. The Registry provides information about the organized meeting no later than 7 calendar days in advance.
P-53. The procedure is not performed due to the general Procedural regulation for the .lt top-level domain provision changes or additions, as well as editorial changes or additions, when the expression of the provisions is specified without changing their meaning.
APPENDIX CLAUSE IV.VIII. CONTROL
P-54. Control – a special procedure, designed to check the correctness of the performance of the procedures, the Registrars' compliance with requirements and observance of the principles, requirements and conditions of the special procedures.
P-55. The procedure is performed by the Registry. No prior notice before the check.
P-56. The procedural performance correctness is checked automatically in the Registry system. The Registrar is informed of mistakes by the Registry system server’s response. Control does not involve content mistakes (e.g. in the application the Registrar indicates a different name than the registrant required).
P-57. Registrars' compliance with the requirements is checked selectively. If an inadequacy is found, the Registry informs the Registrar by e-mail and sets no shorter than a 7 calendar day period to eliminate the inadequacies (if compliance can be restored) or terminates the accreditation (if compliance cannot be restored).
P-58. Compliance of special procedure principles, requirements and conditions are checked by the initiative of the Registry. Payment control is carried out every month with regards to all Registrars. In case of a violation, the Registry may warn the Registrar by e-mail. Registrar must comply with the special procedural principles, requirements and conditions regardless of whether he was warned.
APPENDIX CLAUSE IV.IX. TERMINATION OF THE ACCREDITATION
P-59. Termination of the accreditation – a special procedure, following which the Registrar loses access to the Registry system and the right to perform procedures.
P-60. Basis of procedure (any separately):
P-60.1. Agreement between Registry and Registrar.
P-60.2. Registrar’s decision to terminate the accreditation agreement ex-parte expressed in actions (a notice to the Registry in writing no later than 30 calendar days in advance).
P-60.3. Registry’s decision to terminate the accreditation agreement ex-parte expressed in actions (a note in writing to the Registrar):
P-60.3.1. If the Registrar does not comply with requirements, and compliance cannot be restored.
P-60.3.2. If the Registrar does not comply with the requirements and following the Registry’s note, does not remove inadequacies within 7 calendar days, and compliance could have been restored.
P-60.3.3. If the Registrar, within 30 calendar days, does not pay the Registry the whole amount indicated in the invoice.
P-60.3.4. If the Registrar breaches the Procedural regulation for the .lt top-level domain egregiously a single time, or repeatedly following a warning from the Registry.
P-60.4. If Registrar is announced as insolvent, under restructuring or filing for bankruptcy (since the day of the specific event).
P-60.5. Registrar - natural person’s loss of the right to engage in individual activity of such kind (since the day of deregistration).
P-60.6. Registrar - natural person’s death or Registrar - legal entity's liquidation without the right of succession (since the day of the specific event).
P-61. The procedure is performed by the Registry.
P-62. The procedure is completed, once the account of the Registrar in the Registry system has been eliminated.
P-63. While performing the procedure, the registrants served by the Registrar are encouraged to change Registrar.
APPENDIX SECTION V. FINAL PROVISIONS
P-64. Disputes between the Registry and Registrars regarding the conclusion and execution of the accreditation agreements are settled in accordance with the law. Accreditation agreements are subject to the laws of the Republic of Lithuania. Jurisdiction – according to the Registry’s residence.
P-65. Upon the request of the Registrar, the Registry, for a fee provides the registry lock service. When providing this service the Registry system is prohibited to carry out some data change and domain deletion procedures, as well as initiate the transfer and domain trade. The conditions of these additional services are announced on the Registry’s website, in the Registry system part for Registrars.
P-66. In case of contradictions in the accreditation agreement's conditions with the existing Procedural regulation for the .lt top-level domain, including this appendix, the principles, requirements and conditions of the Procedural regulation for the .lt top-level domain are applied.
P-67. The Registry is not responsible to registrants for the quality of services performed by the Registrars (proper and timely execution of orders). Registrars are not responsible to the registrants for the Registry’s refusal to complete the domain name registration procedure, as well as the suspension and domain deletion procedures performed by his will, except for the cases, when it was caused by the reasons for which the registrants or Registrars are responsible themselves.