Policy No: 2012-04
Publication Date:
17/12/2012
Status: Current
1. BACKGROUND
1.1 This document sets out the policy rules that govern the granting of
domain name licences in the open second level domains (2LDs) in the .au
domain.
1.2 The policy rules are based on the Domain Name
Eligibility and Allocation Policy Rules for Open Second Level Domains (2LDs)
(2008-05) and include the final recommendations of auDA's 2010 Names Policy
Panel.
1.3 The policy rules set out in this document do not have
retrospective effect. Domain name licences that were granted before
implementation of this policy will be 'grandfathered' and the registrant will be
entitled to renew the licence provided that there has been no change in the
registrant's circumstances that affects their eligibility to hold the domain
name licence. For example, if the registrant of a com.au domain name no longer
holds the registered business name that they used as a basis for licensing the
domain name in the first place.
2. DOMAIN NAME LICENCES
2.1
There are no proprietary rights in the domain name system (DNS). A registrant
does not "own" a domain name. Instead, the registrant holds a licence to use a
domain name, for a specified period of time and under certain terms and
conditions.
2.2 The terms and conditions of a domain name licence
are set out in:
a) this document;
b) the
Mandatory Terms and Conditions Applying to .au Domain Name Licences;
c)
the registration application and subsequent agreement between a registrant and
registrar; and
d) any other of auDA's Published Policies that are
applicable.
2.3 There is no hierarchy of rights in the DNS. For example,
a registered trade mark does not confer any better entitlement to a domain name
than a registered company or business name. Domain name licences are allocated
on a 'first come, first served' basis. Provided the relevant eligibility and
allocation rules are satisfied, the first registrant whose application for a
particular domain name is submitted to the registry will be permitted to license
it.
3. STRUCTURE OF .AU DOMAIN
3.1 The .au domain is
sub-divided into a number of 2LDs (for example, com.au, edu.au, id.au). All .au
domain names are registered as third level domains (3LDs). It is not possible to
register domain names as 2LDs directly under .au.
3.2 Each 2LD has
a purpose. For example, com.au is for commercial entities, gov.au is for
government bodies and org.au is for non-commercial organisations. The purpose of
each 2LD dictates the eligibility and allocation rules applicable in that 2LD.
3.3 The 2LDs are divided into 2 categories:
a) "open
2LDs" – those 2LDs that are basically open to all users, subject to some
eligibility criteria; and
b) "closed 2LDs" – those 2LDs with a
defined community of interest that are closed to the general public.
3.4
Schedule A of this document sets out the eligibility and allocation rules that
apply to all open 2LDs. Schedules B-F of this document set out the
eligibility and allocation rules that apply to each open 2LD.
3.5 The
eligibility and allocation rules that apply to closed 2LDs are determined by the
relevant 2LD Manager and approved by auDA.
4. APPLICATION OF
POLICY RULES
4.1 It is the responsibility of auDA to preserve the
integrity of the .au domain by ensuring that the policy rules are applied
correctly and enforced as necessary. auDA reserves the right to revoke any
domain name licence that has been granted, or subsequently held, in breach of
the relevant policy rules.
4.2 It is the responsibility of all auDA
accredited registrars, in accordance with the Registrar Agreement, to apply the
policy rules set out in this document. Each domain name application must be
checked for compliance with the relevant policy rules by the registrar before it
is submitted to the registry for inclusion in the registry database.
4.3
It is the responsibility of all registrants, in accordance with their
registration application and subsequent agreement, to ensure that they comply
with the policy rules set out in this document when submitting an application to
register or renew a domain name in any of the open 2LDs. To that end, a
registrant is required to warrant to the registrar that they comply with the
rules.
4.4 auDA has published Guidelines on the Interpretation of Policy
Rules for the Open 2LDs, to assist registrars, registrants and other interested
parties in interpreting the policy rules outlined in this document. The
guidelines contain more detail and examples of how the policy rules are applied
and enforced.
5. BREACHES OF POLICY
5.1 Where auDA considers on
reasonable grounds that a registrant has made a false warranty to the registrar
regarding their compliance with the policy rules, or otherwise acted in bad
faith in order to obtain the domain name licence, auDA reserves the right to
revoke the domain name licence.
5.2 Where auDA becomes aware that a
registrar has approved a domain name application through misinterpretation of
the relevant policy rules, auDA may issue a policy clarification to assist
registrars in the interpretation of the policy rules. Under the terms and
conditions of the Registrar Agreement, auDA reserves the right to take action
against a registrar where it has reasonable grounds to believe that the
registrar has acted negligently or recklessly in approving a domain name
application in breach of the relevant policy rules.
6. REVIEW OF POLICY
6.1 From time to time, auDA may update this document for the purposes of
clarification or correction (for example, if governments introduce a new type of
business or other official identifier).
6.2 auDA will not make any major
changes to this document without conducting an Advisory Panel process, as
described in auDA's Constitution.
SCHEDULE A
ELIGIBILITY AND
ALLOCATION RULES FOR ALL OPEN 2LDS
First come, first served
1. Domain name licences are allocated on a 'first come, first served'
basis. It is not possible to pre-register or otherwise reserve a domain name.
Registrants must be Australian
2. Domain name licences may
only be allocated to a registrant who is Australian, as defined under the
eligibility and allocation rules for each 2LD.
Composition of domain
names
3. Domain names must:
a) be at least two characters long;
b) contain only letters (a-z), numbers (0-9) and hyphens (-), or a
combination of these;
c) start and end with a number or a letter, not a
hyphen; and
d) not contain hyphens in the third and fourth position (eg.
ab--cd.com.au).
Domain name licence period
4. The domain
name licence period is fixed at two years. It is not possible to license a
domain name for a shorter or longer period.
5. Renewal of a domain name
licence at the end of the two year period is dependent on the registrant
continuing to meet the eligibility and allocation rules for the relevant 2LD.
Number of domain names
6. There is no restriction on the
number of domain names that may be licensed by a registrant.
auDA's
Reserved List
7. auDA's Reserved List contains names that may not be
licensed. The list is available on auDA's website.
Prohibition on
registering domain names for sole purpose of resale
8. A registrant may
not register a domain name for the sole purpose of resale or transfer to another
entity.
SCHEDULE B
ELIGIBILITY AND ALLOCATION RULES FOR ASN.AU
The
asn.au 2LD is for non-commercial organisations.
The following rules are
to be read in conjunction with the Eligibility and Allocation Rules for All Open
2LDs, contained in Schedule A of this document.
1. To be eligible for a
domain name in the asn.au 2LD, registrants must be non-commercial organisations
as follows:
a) an association incorporated in any Australian State or Territory; or
b) a political party registered with the Australian Electoral Commission; or
c) a trade union or other organisation registered under the Fair Work (Registered Organisations) Act 2009; or
d) a sporting or special interest club operating in Australia; or
e) a charity operating in Australia, as defined in the registrant's constitution or other documents of incorporation; or
f) a non-profit organisation operating in Australia, as defined in the
registrant's constitution or other documents of incorporation.
2. Domain
names in the asn.au 2LD must be:
a) an exact match, abbreviation or
acronym of the registrant's name; or
b) otherwise closely and
substantially connected to the registrant, in accordance with the categories of
"close and substantial connection" set out in the Guidelines on the
Interpretation of Policy Rules for the Open 2LDs.
SCHEDULE C
ELIGIBILITY AND ALLOCATION RULES FOR COM.AU
The
com.au 2LD is for commercial purposes.
The following rules are to be
read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs,
contained in Schedule A of this document.
1. To be eligible for a
domain name in the com.au 2LD, registrants must be:
a) an Australian registered company; or
b) trading under a registered business name in any Australian State or Territory; or
c) an Australian partnership or sole trader; or
d) a foreign company licensed to trade in Australia; or
e) an owner of an Australian Registered Trade Mark; or
f) an applicant for an Australian Registered Trade Mark; or
g) an association incorporated in any Australian State or Territory; or
h) an Australian commercial statutory body.
2. Domain names in the
com.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant's name or trademark; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of "close and substantial connection" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
3. A domain name may also be registered in the com.au 2LD under paragraph 2(b) for the purpose of domain monetisation, in accordance with the explanation of "domain monetisation" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs, provided that the following conditions are met:
a) the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name; and
b) the domain name must not be, or incorporate, an entity name, personal name
or brand name in existence at the time the domain name was registered*.
*
Definitions:
SCHEDULE D
ELIGIBILITY AND ALLOCATION RULES FOR ID.AU
The
id.au 2LD is for individuals.
The following rules are to be read in
conjunction with the Eligibility and Allocation Rules for All Open 2LDs,
contained in Schedule A of this document.
1. To be eligible for a domain
name in the id.au 2LD, registrants must be:
a) an Australian citizen; or
b) an Australian resident.
2. Domain names in the id.au 2LD
must be:
a) an exact match, abbreviation or acronym of the registrant's personal name; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of "close and substantial connection" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
3. A domain name may also be registered in the id.au 2LD under paragraph 2(b) if it refers to a personal interest or hobby of the registrant, but the domain name must not be, or incorporate, an entity name, personal name or brand name in existence at the time the domain name was registered*.
* Definitions:
SCHEDULE E
ELIGIBILITY AND ALLOCATION RULES FOR NET.AU
The
net.au 2LD is for commercial purposes.
The following rules are to be
read in conjunction with the Eligibility and Allocation Rules for All Open 2LDs,
contained in Schedule A of this document.
1. To be eligible for a domain
name in the net.au 2LD, registrants must be:
a) an Australian registered company; or
b) trading under a registered business name in any Australian State or Territory; or
c) an Australian partnership or sole trader; or
d) a foreign company licensed to trade in Australia; or
e) an owner of an Australian Registered Trade Mark; or
f) an applicant for an Australian Registered Trade Mark; or
g) an association incorporated in any Australian State or Territory; or
h) an Australian commercial statutory body.
2. Domain names in the
net.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant's name or trademark; or
b) be otherwise closely and substantially connected to the registrant, in accordance with the categories of "close and substantial connection" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs; or
3. A domain name may also be registered in the net.au 2LD under paragraph 2(b) for the purpose of domain monetisation, in accordance with the explanation of "domain monetisation" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs, provided that the following conditions are met:
a) the content on the website to which the domain name resolves must be related specifically and predominantly to subject matter denoted by the domain name; and
b) the domain name must not be, or incorporate, an entity name, personal name
or brand name in existence at the time the domain name was registered.
*
Definitions:
SCHEDULE F
ELIGIBILITY AND ALLOCATION RULES FOR ORG.AU
The
org.au 2LD is for non-commercial organisations.
The following rules are
to be read in conjunction with the Eligibility and Allocation Rules for All Open
2LDs, contained in Schedule A of this document.
1. To be eligible
in the org.au 2LD, registrants must be non-commercial organisations as follows:
a) an association incorporated in any Australian State or Territory; or
b) a political party registered with the Australian Electoral Commission; or
c) a trade union or other organisation registered under the Fair Work (Registered Organisations) Act 2009; or
d) a sporting or special interest club operating in Australia; or
e) a charity operating in Australia, as defined in the registrant's constitution or other documents of incorporation; or
f) a non-profit organisation operating in Australia, as defined in the
registrant's constitution or other documents of incorporation.
2.
Domain names in the org.au 2LD must be:
a) an exact match, abbreviation or acronym of the registrant's name; or
b) otherwise closely and substantially connected to the registrant, in accordance with the categories of "close and substantial connection" set out in the Guidelines on the Interpretation of Policy Rules for the Open 2LDs.
AUSTRALIAN OWNED AND OPERATED SINCE 1996
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