(the
'whole-enchilada' - best of luck!)
Introduction
This following article details the
plethora of rules & regulations governing the Australian domain name
registration process. The AU domain space is the most complex and
over-regulated domain name system in all Cyberspace. I shall not
criticise the system further in case I open myself to litigation,
however if you are unable to understand the following, please send a
'Help-me' email to
Kym Mogridge and I'll assist you in navigating your way through
the bureaucracy :-))
The following 'auDa Published Policy' is available on the Australian
regulatory authority's website at:
http://www.auda.org.au/policies/auda-2005-01/ (*the following
'Published Policy' was obtained from the regulator's website on
02/09/2005)
A PDF version is also available at:
http://www.auda.org.au/pdf/auda-2005-01.pdf
auDA PUBLISHED POLICY
Policy No: 2005-01;
Publication Date: 15/03/2005; 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 existing
Domain Name Eligibility and Allocation Policy Rules for Open Second
Level Domains (2LDs)
(2002-07) and include the final recommendations of auDA’s Name
Policy Review Panel. The Panel’s November 2004 report was approved
by the auDA Board on 22 November 2004.
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 registration application and subsequent
agreement between a registrant and registrar; and
c) 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 business name. Domain name licences
are allocated on a ‘first come, first served’ basis. Provided the
relevant eligibility rules are satisfied, the first registrant to
apply for a particular domain name 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. auDA has published guidelines for registrars
to assist them in interpreting the policy rules outlined in this
document.
4.3 It is the responsibility of all registrants, in
accordance with their registration application and subsequent
agreement, to ensure that they satisfy 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 satisfy the rules.
5. BREACHES OF POLICY
5.1 Where a registrant has made a false warranty to
the registrar, 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 and Advisory Panel Procedures. (Both
documents are available on auDA’s website at http://www.auda.org.au)
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 2 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 renewal period
4. The domain name licence period is fixed at 2 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 2 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 at http://www.auda.org.au
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:
a) an association incorporated in any Australian
State or Territory; or
b) political party registered with the Australian
Electoral Commission; or
c) a trade union or other organisation registered
under the Workplace Relations Act 1996; 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:
a) exactly match, acronym or abbreviation of the
name of the registrant’s company or trading name, organization or
association name or trademark; or
b) be otherwise closely and substantially connected
to the registrant.
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;
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:
a) exactly match, acronym or abbreviation of the
registrant’s company or trading name, organization or association
name or trademark; or:
b) be otherwise closely and substantially connected
to the registrant.
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:
a) exactly match the registrant’s personal name; or
b) be an acronym or abbreviation of the registrant’s
personal name; or
c) be otherwise closely and substantially connected
to the registrant, because the domain name:
(i) is derived from one or more words of the
registrant's personal name; or
(ii) includes one or more words of the registrant's
personal name; or
(iii) is a personal name by which the registrant is
known.
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;
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:
a) exactly match, acronym or abbreviation of the
registrant’s company or trading name, organization or association
name or trademark;; or
b) be otherwise closely and substantially connected
to the registrant.
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:
a) an association incorporated in any
AustralianState or Territory; or
b) a political party registered with the Australian
Electoral Commission; or
c) a trade union or other organisation registered
under the Workplace Relations Act 1996; 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:
a) exactly match, acronym or abbreviation of the
name of the registrant’s company or trading name, organization or
association name or trademark; or
b) be otherwise closely and substantially connected
to the registrant.
Last Updated: 22/07/2005 15:55 |
