Domain name policy for .no
Appendix J: Complaint about registration in conflict with applicant declaration form and the administrative regulation on domains

1. General provisions

1.1 Registrations that can form the subject of complaints to the domain complaints board

A domain name owner must participate in the complaint procedure if the domain name was registered after 1 October 2003. Complaints about names that were registered before 1 October 2003 will be refused.

1.2 Requirements for the basis of the complaint

Norid may complain that a domain name has been registered in conflict with the applicant's declaration form.

The Norwegian Post and Telecommunications Authority may complain that a domain name has been registered in conflict with the domain name administrative regulation, Regulation 2003-08-01 no. 990.

1.3 The domain complaints board's decision

If the domain complaints board finds that the domain name has been registered in conflict with the declaration form as it read when the name was registered, or the administrative regulation on domains that was in effect when the name was registered, the board may decide that the name is to be deleted.

The domain complaints board may refuse a case if it finds that the case is so complex or doubtful that it is not suitable for consideration and decision by the domain complaints board.

The domain complaints board may not make a decision in conflict with the regulations in effect for the .no domain.

The domain complaints board may not make a decision about compensatory damages or coverage of costs for the parties.

The domain complaints board's decision may not result in the loss of rights for parties other than the owner of the domain name to which the complaint applies.

The domain complaints board's decision is final and no further complaint may be made about it. The decision does not impede any of the parties from subsequently submitting the dispute to the ordinary courts of law.

1.4 Liability

Norid, Norid's employees, the domain complaints board and members of the domain complaints board cannot be held liable for actions or omissions made in connection with the complaint proceedings, unless the actions or omissions were in bad faith.

1.5 Transfer of domain names while the complaint proceedings are in progress

Norid will block transfer of the domain name from the owner while the complaint proceedings are in progress. This hold will be implemented as soon as possible and within three working days after Norid has either received a valid complaint from the Norwegian Post and Telecommunications Authority or sent the complaint to the owner. If the domain complaints board's decision entails a compulsory deletion of the domain name, the hold is maintained until the board's decision is implemented. If not, the hold on the domain name will be removed without further notice.

If the owner deletes the domain name while the complaint proceedings are in progress, Norid will block the domain name for registration until the complaint has been decided or concluded in any other way.

If the complaint is withdrawn, the hold on the domain name will be removed without further notice.

2. Complaint procedure

2.1 Communication

For a complaint from the Norwegian Post and Telecommunications Authority, the following applies:

1. The complaint, and the subsequent response from the owner, are to be sent to Norid at the following addresses: klage@norid.no and The Domain Complaints Board, c/o UNINETT Norid AS, NO-7465 Trondheim, Norway. The same applies to any other correspondence to Norid or to the domain complaints board in connection with the complaint. Enclosures or other items that cannot be sent electronically are to be sent only as ordinary post.
2. All communication from Norid to the parties or their representatives shall take place by A (priority) post or fax or e-mail, cf 2.3 b.) and 2.5 b.). If one party wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately. Norid will pass on the complaint (cf Clause 2.3) to the owner of the domain name in question in one of the following ways: by sending the complaint by A (priority) mail or fax or e-mail to the owner, to the contact information that has been registered in the Whois database for the domain name in question. If contact information for the owner specified by the complainant (cf 2.3 e) varies from what is registered, the complaint is also sent to the address specified by the complainant.
3. All communication from Norid to one party shall be sent with a copy to the other party.

For a complaint from Norid, the following applies:

4. A complaint from Norid shall be sent from Norid to the owner of the domain name in question in one of the following ways: by sending the complaint by A (priority) mail or fax or e-mail to the owner, to the contact information that has been registered in the Whois database for the domain name in question. If the owner wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately.
5. The response from the owner is sent to Norid at the following addresses: klage@norid.no and The Domain Complaints Board, c/o UNINETT Norid AS, NO-7465 Trondheim, Norway. The same applies to any other correspondence to Norid or to the domain complaints board in connection with the complaint. Enclosures or other items that cannot be sent electronically are to be sent only as ordinary post.
6. All communication between Norid and the domain complaints board which is related to the complaint case shall be sent with a copy to the owner. All communication between the board and the owner shall be sent with a copy to Norid.

In both cases, the following applies:

1. All communication shall be in Norwegian. E-mail shall be sent in pure text if possible.
2. Unless otherwise set out in these rules or specifically decided by Norid or the domain complaints board, all communication shall be regarded as received:
   1. if sent by fax, on the date it was sent
   2. if sent by A (priority) mail, on the second working day after the postmark date
   3. if sent by e-mail, on the date of transmission

Where the communication is received in more than one way, it is considered to be received on the earliest date of receipt.

2.2 Time limit for complaint

The time limit for complaints is 3 years after the date on which the domain name was registered. In the case of a complaint from the Norwegian Post and Telecommunications Authority, the complaint must be filed with Norid by the end of the time limit for complaints. In the case of a complaint from Norid, the complaint must be filed with the owner by the end of the time limit for complaints.

2.3 The complaint

The complaint shall:

1. not exceed 2000 words (not including the declarations that are required in f) below and attachments),
2. state whether the complainant wishes to be contacted directly or via a representative, and specify the e-mail address, telephone number, fax number and postal address to be used,
3. specify the registration to which the complaint applies,
4. include the reason for the complaint, including a precise specification of the clauses in the domain-name regulations or in the declaration form with which the registration is claimed to be in conflict, enclosing the evidence that the complainant will present for his or her claim,
5. provide the details of the owner's contact information that are known by the complainant
6. include the following declaration:
   • The complainant declares that he accepts the framework that the domain name policy with appendixes provides for the complaint procedure.
   • The information provided in this complaint is, to the best of the complainant's knowledge, complete and correct. The complaint has not been submitted in bad faith, and the claim presented in the complaint is in accordance with the complaint regulations in effect and the applicable laws.
   • The complainant is aware that submitting the complaint entails blocking the disputed domain name for transfer while the complaint proceedings are in progress, and that the complainant is liable if this results in loss to the owner.
7. close with the signature of the complainant or the complainant's representative
8. include a table of contents listing all the enclosures accompanying the complaint.

When the complaint has been sent to Norid/the owner, the complainant must pay the complaint fee in accordance with Clause 2.12 and send the receipt for payment of the complaint fee to Norid.

2.4 Opening of the complaint proceedings

For a complaint from The Norwegian Post and Telecommunications Authority, the following applies:

If Norid finds that the complaint is in accordance with the complaint regulations in effect, the complaint shall be sent to the owner within 3 working days after Norid has received the receipt showing that the complainant has paid the fee in accordance with Clause 2.12.

If Norid does not receive the receipt for payment of the complaint fee within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn. This does not impede the complainant from submitting a new complaint.

If Norid finds that the complaint is not in accordance with the complaint regulations in effect, Norid shall immediately inform the complainant about the defects found in the complaint. If the complainant does not send a new corrected complaint within 3 working days after receiving such information, the complaint will be refused. This does not impede the complainant from submitting a new complaint.

For a complaint from Norid, the following applies:

If the owner considers that the complaint from Norid is not in accordance with the complaint regulations in effect and wishes to claim rejection of the complaint, the owner must state this. The owner must specify which defects have been found, in a separate submission in writing, within the same time limit applicable to the owner's response. Such a submission from the owner does not result in an extended time limit for sending the response.

Norid may correct the complaint within 3 working days after Norid's receipt of the response from the owner. If Norid does not correct the complaint and the domain complaints board finds that the complaint has defects as indicated by the owner, the domain complaints board shall refuse the case. This does not impede Norid from submitting a new complaint.

2.5 Response from the respondent

The owner must send his or her response to the complaint to Norid within 20 working days after the date on which the owner is considered to have received the complaint.

The response shall:

1. not exceed 2000 words (not including the declaration that is recommended in g) below and attachments),
2. state whether the owner wishes to be contacted directly or via a representative, and specify the e-mail address, telephone number, fax number and postal address to be used;
3. close with the signature of the owner or the owner's representative
4. include a table of contents listing all the enclosures accompanying the response.
5. include information about cases pending and concluded in the courts which are related to the domain name to which the complaint applies and which are known to the owner,
6. be submitted on Norid's form in accordance with the guidelines

The response should:

7. include the owner's reason for rejecting the complainant's claim, enclosing the evidence that the owner will present for his or her assertion,
8. include the following declaration:
   The information provided in this response is to the best of the owner's knowledge complete and correct.

If the response submitted is not in accordance with the complaint regulations in effect, Norid shall immediately inform the owner about the defects found in the response. If the owner does not send a new corrected response within 3 working days after receiving such information, it will be assumed that the response has not been received, and the parties will be informed that the complaint is to be sent to the domain complaints board.

2.6 Submission to the domain complaints board

Norid sends the complaint and response to the domain complaints board within 5 working days after a valid response has been received. If no response has been received, the complaint is sent to the domain complaints board within 5 working days after the deadline for the owner's response. A copy of any valid response is sent to the complainant when the case is sent to the domain complaints board. As soon as the complaint has been sent to the domain complaints board, Norid will inform the parties of this and of the date on which a decision is likely to be available in normal conditions.

2.7. Stay and conclusion of the complaint proceedings without a decision

Both parties have a duty to inform the domain complaints board immediately if a case between the parties is filed in the courts with respect to the registration that forms the subject of the complaint. The complaint case will be stayed in anticipation of a final and legally enforceable decision, and resumed only if no final judgement is given or no court settlement is reached, and only if the complainant requires this. The complaint proceedings will be concluded without a decision if no claim for resuming them is submitted within 5 working days after the case is closed by the courts.

The complaint proceedings will be concluded without a decision if the parties reach agreement and inform the domain complaints board of this.

2.8 The domain complaints board's decision

For a complaint from The Norwegian Post and Telecommunications Authority, the following applies:

1. The domain complaints board shall send its decision to Norid within 15 working days from the date on which the board received the case. Within 3 working days from the date on which Norid has received a decision from the domain complaints board, Norid shall forward the decision to the parties, and at the same time state the date for implementation of the decision.

For a complaint from Norid, the following applies:

2. The domain complaints board shall send its decision to both parties within 15 working days from the date on which the board received the case.

In both cases, the following applies:

3. The proceedings of the board are in writing. If the board finds it necessary, it may specify that the parties must appear before the board, through attendance in person or through a telephone conference or videoconference, or in the manner that the board finds appropriate. No meeting involving attendance in person shall be held without the complainant's consent.
4. The board may ask the parties for further written information or documentation. The board may not take into account information or documents that are received beyond the submissions that the parties provide in accordance with the complaint procedure or that the board itself has requested.
5. The decision shall be in writing and reasons for it shall be provided, specifying the date of the decision, as well as the names of the complaints board members who have heard the case.

2.9 Publication

All decisions will be published in full on Norid's Web pages. If so required by one of the parties, information about technical equipment and procedures as well as operational and business matters which should be kept confidential for competitive reasons out of consideration for the party to which the information relates shall be excluded from publication. Requirements for secrecy must be submitted by the parties without being specially requested and in the parties' ordinary submissions. The domain complaints board decides whether, and if so, how parts of the board's decision shall be excluded from public access.

2.11 Implementation

If the domain complaints board decides that the domain name is to be deleted, Norid will implement the decision by making the necessary changes in the domain-name database 7 working days from the date on which the decision has been sent to the parties. If the complainant's claim is disallowed, the hold on transferring the disputed domain name will be removed within one working day after Norid has been informed of the domain complaints board's decision.

Implementation will be postponed if Norid receives a legal decision during the 7 working days stating that the decision shall not be implemented. In this case Norid will still block transfer of the domain name, cf Clause 1.5, but will not make any changes to the registration before Norid receives documentation that the parties have reached a court settlement or that a final and legally enforceable decision has been made. Norid will implement the changes involved in the settlement or the court decision as soon as possible, and within 3 working days after Norid has received documentation of the settlement or court decision.

2.11 Extension of time limits

In extraordinary circumstances, the domain complaints board may extend the time limits that are specified in the complaint procedure.

2.12 Fee

1. The fee in effect for submitting a complaint to the domain complaints board is 4 times the court fee ("CF"). Fees are calculated to cover actual costs, and are paid in full to the members of the complaints board.
2. If Norid has not received a receipt for payment from the Norwegian Post and Telecommunications Authority within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn, cf Clause 2.4.
3. In the case of a complaint from Norid, the fee shall be paid by the time that the case is sent to the domain complaints board. A receipt for the payment shall be sent to the owner.
4. No claim for a refund of the fee may be made.

If the domain complaints board decides that a meeting is to be held with attendance in person (cf Clause 2.8 c) the complainant shall pay an extra charge of from 3 to 6 times the court fee. The amount of the extra charge and the deadline for payment is determined by the domain complaints board on the basis of the extra time that it is assumed that the meeting will require.

3. List of time limits

For a complaint from The Norwegian Post and Telecommunications Authority, the following applies:

For a complaint from Norid, the following applies: