Domain name policy for .no

Appendix J: Complaint about registration in conflict with the applicant declaration form and the Domain Name Regulation [domeneforskriften]

1. General provisions

1.1 Registrations that may form the subject of complaints to the Alternative Dispute Resolution (ADR) Committee

A domain name holder must take part in the complaint procedure if the complaint is received within the time limit for complaints. The time limit for complaints is 3 years from the registration of the domain name. A transfer is to be regarded as a deletion followed by a new registration. The transfer date is regarded as the registration date for the domain, and thus as the starting point for calculating the time limit for complaints.

Complaints received after the time limit for complaints has elapsed will be rejected.

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 Regulation [domeneforskriften], Regulation 2003-08-01 no. 990.

1.3 The decision of the ADR Committee

If the ADR Committee finds that the domain name has been registered in conflict with the declaration form as it read when the name was registered, or the Domain Name Regulation [domeneforskriften] that was in effect when the name was registered, the Committee may decide that the name is to be deleted.

The ADR Committee may refuse a case if it finds that the case is so complex or doubtful, or if such inadequate information is provided about the case that it is not suitable for consideration and decision by the domain complaints Committee.

The ADR Committee may not make a decision in conflict with the domain name policy 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 decision of the ADR Committee may not result in the loss of rights for parties other than the holder of the domain name to which the complaint applies.

The decision of the ADR Committee 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.

Each party in a complaint case bears responsibility for providing information about its case to the ADR Committee.

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

Norid will block transfer of the domain name from the domain name holder 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 domain name holder. If the decision of the ADR Committee entails a compulsory deletion of the domain name, the hold is maintained until the Committee's decision is implemented. If not, the hold on the domain name will be removed without further notice.

If the holder 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 holder, are to 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 parties or their representatives shall take place by letter and email, 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 communicate the complaint (cf. Clause 2.3) to the holder of the domain name in question by sending the complaint by letter and email to the holder. The contact address is determined from data that is registered in the Whois database for the domain name in question. If the complainant has specified a contact address to the domain name holder (cf. 2.3 e) that is different to the one that has been registered, the complainant is also sent to the address that the complainant has specified.
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 holder of the domain name in question by letter and email to the contact address that is registered in the Whois database for the domain name in question. If the domain name holder wishes to change contact information while the complaint proceedings are in progress, Norid shall be informed about this immediately.
5. The response from the domain name holder is to be sent to Norid at the following addresses: klage@norid.no and The ADR Committee, 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.
6. All communication between Norid and the ADR Committee which is related to the complaint case shall be sent with a copy to the domain name holder. All communication between the Committee and the domain name holder shall be sent with a copy to Norid.

In both cases, the following applies:

7. All communication shall be in Norwegian. Email shall be sent in plain text if possible.
8. Unless otherwise set out in these rules or specifically decided by Norid or the ADR Committee, all communication shall be regarded as received:
   1. for letters, on the second working day after the postmark date
   2. for email, 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 domain name holder 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 email 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 points in the Domain Name Regulation [domeneforskriften] 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 contact information for the domain name holder that are known by the complainant
6. include the following declaration:
   • The complainant declares that he accepts the framework that the domain name policy for .no 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 domain name holder.
7. close with the signature of the complainant or the complainant's representative
8. include a table of contents listing all the attachments accompanying the complaint.

When the complaint has been sent to Norid/the domain name holder, 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 domain name holder 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. The corrected complaint shall satisfy all the formal requirements. Only one opportunity to correct the complaint is given. If the complainant does not send a correct complaint within 5 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 domain name holder 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 holder must state this. The holder must specify which defects have been found, in a separate submission in writing, within the same time limit applicable to the holder's response. Such a submission from the holder 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 holder. If Norid does not correct the complaint and the ADR Committee finds that the complaint has defects as indicated by the holder, the ADR Committee shall refuse the case. This does not impede Norid from submitting a new complaint.

2.5 Response from the respondent

The domain name holder must send its response to the complaint to Norid within 20 working days after the date on which the holder is considered to have received the complaint.

The response shall:

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

The response should:

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

If the response submitted is not in accordance with the complaint regulations in effect, Norid shall immediately inform the domain name holder about the defects found in the response. The corrected response shall satisfy all the formal requirements. Only one opportunity to correct the response is given. If the domain name holder does not send a correct response within 5 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 ADR Committee. The domain complaints Committee can place emphasis on the lack of a response as an independent argument in the hearing of the case.

2.6 Submission to the ADR Committee

Norid sends the complaint and response to the ADR Committee within 5 working days after a valid response has been received. If no response has been received, the complaint is sent to the ADR Committee within 5 working days after the deadline for the domain name holder's response. A copy of any valid response is sent to the complainant when the case is sent to the ADR Committee. As soon as the complaint has been sent to the ADR Committee, 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 ADR Committee 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 ADR Committee of this.

The complainant may withdraw the complaint right until the Committee has made its final decision. The complaint fee is not refunded even if the complaint is withdrawn. After the decision has been made, the complaint can no longer be withdrawn.

2.8 The decision of the ADR Committee

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

1. The ADR Committee shall send its decision to Norid as soon as possible and at the latest within 15 working days from the date on which the Committee received the case. If a physical meeting is arranged or the Committee has asked the parties for additional information, the chair of the Committee may decide that the time limit is to be extended by up to 10 working days. Within 3 working days from the date on which Norid has received a decision from the ADR Committee, 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 ADR Committee shall send its decision to both parties as soon as possible and at the latest within 15 working days from the date on which the Committee received the case. If a physical meeting is arranged or the Committee has asked the parties for additional information, the chair of the Committee may decide that the time limit is to be extended by up to 10 working days.

In both cases, the following applies:

3. 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.
4. The Committee may ask the parties for further written information or documentation. The enquiry is forwarded by Norid. The party to whom the enquiry is addressed must reply within the time limit specified below. The reply is forwarded to the other party, who is given the opportunity to comment on the reply.

   For both the enquiry and the reply, the following applies:

   1. the content must not exceed 1000 words (excluding attachments)
   2. they must comprise only information about the case and/or documentation, not be a new brief
   3. they must be sent to Norid within 5 working days after the enquiry is regarded as received in accordance with 2.1

   Norid's time limit for forwarding replies between the parties is 3 working days. Norid sends the reply and any comments to the ADR Committee within 3 working days. 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.

5. The decision shall be in writing and shall include the 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.

2.10 Implementation

If the ADR Committee 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 decision of the domain complaints Committee.

Implementation will be postponed if Norid receives a written confirmation that a legal process has started to contest the ADR Committee's decision within the 7 working days. 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 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 domain complaints 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 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 ADR Committee. A receipt for the payment shall be sent to the domain name holder.
4. No claim for a refund of the fee may be made.

If the ADR Committee 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 ADR Committee 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: