Domain name policy for .no

Appendix I: Complaint about Norid's decisions

1. General provisions

1.1 Decisions that may be challenged

A domain-name applicant or holder may appeal against decisions made by Norid in relation to the domain name policy. No appeal may be lodged against decisions made by Norid as the secretariat in complaint cases.

1.2 Requirements for the basis of the complaint

The complainant must provide evidence that the decision is in conflict with the domain name policy and of the clauses in the domain name policy with which the decision conflicts.

Norid may reverse or change the decision on its own initiative if the appeal is found to be justified.

1.3 The Alternative Dispute Resolition (ADR) Committee's decision

If the ADR Committee finds that Norid's decision was in conflict with the domain name policy in effect when the decision was made, and that the error significantly influenced the content of the decision, the Committee may decide that Norid's decision is to be annulled or amended. The ADR Committee may not make a decision to the disadvantage of the complainant.

The ADR Committee 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 ADR Committee.

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

The ADR Committee may not make a decision about compensatory damages or coverage of costs for the parties.

The ADR Committee's decision may not result in loss of rights for other applicants/holders.

The ADR Committee'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 ADR Committee and members of the ADR Committee 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 Blocking of the domain name while the complaint proceedings are in progress

If the complaint applies to rejection of an application for registration and the domain name is still available, Norid will block registration of the name to which the complaint applies while the complaint proceedings are in progress. This hold will be implemented on the first working day after Norid has received a valid complaint and receipt for payment of the complaint fee in accordance with the complaint procedure.

The hold will be maintained for the duration of the complaint proceedings. If the complaint is withdrawn, the hold on the domain name will be removed without further notice.

2. Complaint procedure

2.1 Communication

1. The complaint must be sent to Norid at the following addresses: klage@norid.no and Domeneklagenemnda, c/o UNINETT Norid AS, NO-7465 Trondheim, Norway. The same applies to any other correspondence to Norid or to the ADR Committee 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 complainant shall take place by A (priority) post or fax or e-mail, cf 2.3 b). If the complainant wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately.
3. All communication between Norid and the ADR Committee which is related to the complaint case shall be sent with a copy to the complainant. All communication between the Committee and the complainant shall be sent with a copy to Norid.
4. All communication shall be in Norwegian. E-mail shall be sent in pure text if possible.
5. Unless otherwise set out in these rules or specifically decided by Norid or the ADR Committee, 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 as 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 complaint must be lodged with Norid by the time limit for complaints, which is 30 days after the date on which the decision was received by the applicant/domain name holder. The decision is regarded as received by the applicant/holder at the latest 14 days after the decision has been sent from Norid to the registrar.

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 decision to which the complaint relates, identified by Norid's case number on the decision, or by a description of the decision together with information on the date that it was made,
4. include the reason for the complaint, with a precise specification of the clauses in the domain-name policy with which the decision is claimed to be in conflict, enclosing the evidence that the complainant will present for his or her claim,
5. specify the type of reversal of the decision for which the complainant is applying,
6. include the following declaration:
   • The complainant declares that he or she 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 may entail blocking the domain name that forms the subject of the complaint for registration while the complaint proceedings are in progress, and that the complainant is liable if this results in loss to a third party.
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.
9. be submitted on Norid's form in accordance with the guidelines

When the complaint has been sent to Norid, 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

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.

A refusal in terms of the previous paragraph may be appealed to the ADR Committee. The appeal must be lodged with Norid within 10 working days after notification of the refusal has been received by the complainant. A receipt for payment of the complaint fee must be enclosed with the appeal, as this is a condition for hearing the appeal. Norid shall send the appeal, the complaint and Norid's information about the defects in the complaint to the ADR Committee within 3 working days after Norid received the appeal. The Committee shall decide the appeal within 5 working days of receiving the appeal from Norid. If the Committee decides that the complaint is in accordance with the complaint regulations in effect, the complaint procedure will continue. The time limit for Norid's reply in accordance with Clause 2.5 runs from the date that the Committee's decision is received by Norid

2.5 Response from Norid

Norid must send its response to the complaint to the complainant within 10 working days after the date that Norid is considered to have received the complaint.

The response shall:

1. not exceed 2000 words (not including enclosures),
2. state whether Norid 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. include Norid's reason for the decision, enclosing the evidence that Norid will present for its claim
4. state whether the name is registered, and if so, by whom and when,
5. include a table of contents listing all the enclosures accompanying the response.

2.6 Submission to the ADR Committee

Norid sends the complaint and the response to the ADR Committee when the response is sent to the complainant. The complainant is then informed that the case has been sent to the Committee and of the date on which a decision is likely to be available in normal conditions.

2.8 Stay and conclusion of the complaint proceedings without a decision

Both parties have a duty to inform the ADR Committee immediately if the complainant files a case in the courts with respect to a domain name that forms the subject of a 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 ADR Committee of this.

2.8 The ADR Committee's decision

1. The ADR Committee shall send its decision to both parties within 15 working days from the date on which the Committee received the case.
2. The proceedings of the Committee are in writing. If the Committee finds it necessary, it may specify that the parties must appear before the Committee, through attendance in person or through a telephone conference or videoconference, or in the manner that the Committee finds appropriate. No meeting involving attendance in person shall be held without the complainant's consent.
3. The Committee may ask the parties for further written information or documentation. The Committee 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 Committee itself has requested.
4. The decision shall be in writing and shall include grounds for the decision. It shall specify the date of the decision, as well as the names of the complaints Committee members who have heard the case.

2.9 Publication

All decisions will be published in full on Norid's Web pages and in Lovdata's information system Lovdata Online. 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 ADR Committee decides whether, and if so, how parts of the Committee's decision shall be excluded from public access.

2.11 Implementation

Norid will implement the decision by making the changes in the domain name database as directed by the decision as soon as possible and within 3 working days after the date on which Norid receives the decision.

2.11 Extension of time limits

In extraordinary circumstances, the ADR Committee 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 ADR Committee 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 Committee.
2. If Norid has not received a receipt for payment from the complainant within 10 working days after Norid has received the complaint, Norid will regard the complaint as withdrawn, cf Clause 2.4.
3. The fee shall be refunded to the complainant if:
   • Norid reverses its decision in accordance with the complainant's claim, or
   • the ADR Committee decides the case in accordance with the complainant's claim

If the ADR Committee decides that a meeting is to be held with attendance in person (cf Clause 2.8 b.) 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 ADR Committee on the basis of the extra time that it is assumed that the meeting will require.

3. List of time limits