29 Rights Protection Mechanisms

Prototypical answer:

.uol rights protection mechanisms will encompass a series of proactive and reactive measures. On the proactive side, the fact that registrations need to be approved off-line prior to a domain registration being completed allows UBN Internet Ltda. (UBN) to validate both registrant data and to perform validation by UBN legal department that to the best of UBNʹs knowledge the domain does not violate rights that are recognized in the Brazilian juridisction (Brazil currently enforces Berne Convention, Nairobi Treaty, Paris Convention, Patent Cooperation Treaty, Phonograms Convention, Rome Convention, Strasbourg Agreement, UPOV Convention and WIPO Convention - TRIPS). At a minimum well-known marks that have notoriety will be taken into account while analyzing the registration request, but UBN reserves the right to further search available marks databases.

During pre-launch phase, there will be a 30-day sunrise period where only Universo Online S.A or its affiliates will be allowed to register domains. During this sunrise period, the Trademark Clearing House sunrise services will be used and only organizations with ownership of a mark (which can be a Trademark Clearinghouse-validated word mark, a court-validated word mark or an specifically statute⁄treaty protected word) accompanied with sufficient data to document these rights, and representation that all provided information is true and correct.

After launch, during the first 60 days that registrations are possible by all eligible .uol registrants (which would at that point still be limited to Universo Online S⁄A affiliates and will keep this way throughout the duration of .uol agreement), the Trademark Clearing House Trademark Claims services will be used to provide prospective registrants notice of the presence of a match on the Trademark Clearinghouse database, and to require that the prospective registrant acknowledges being notified, receiving, understanding and disclosing that to the best of the prospective registrant knowledge the registration and use of the requested domain name will not infringe rights that were subject of the notice.

Besides proactive rights protection mechanisms afore mentioned, post-registration rights protection mechanisms in .uol will include URS (Uniform Rapid Suspension) and PDDRP (Post-Delegation Dispute Resolution Procedure). URS and PDDRP shall be part of UBN registry agreement with ICANN, working with ICANN-appointed dispute resolution providers. In addition to such dispute resolution providers, every rights owner can initiate free of charge equivalent procedures with UBN legal department by use of the e-mail contacts urs@nic.uol and pddrp@nic.uol. UBN encourage rights owners to use these channels so mutually satisfactory solutions might be reached with less financial burden, although ICANN-appointed dispute resolution providers will still be available and determinations from them will be followed according to registry agreement.

Resourcing for these protections mechanisms include technical resources of NIC.br (back-end registry provider for .uol) to connect to the Trademark Clearinghouse, which are part of the outsourced TLD operation contract, financial resources of UBN to pay for the connection for the Trademark Clearinghouse, and the personnel resources of UBN legal staff. The very low volume of issues with such a restricted registry and the potential implications lead UBN to the decision of handling rights protections issues with its current staff of [ ] lawyers, with one of them assigned to this task in a non-exclusive capacity at any given time.

Additional measures that also contribute to rights protection are the .uol registrant data (WHOIS) policy, prevention of abuse policy, abuse handling procedures, take action procedures, prevention of abusive transfer⁄cancelation and glue records management, detailed below.

.uol Registrant Data (WHOIS) Policy:

As a restricted registry, .uol registrant data shall always be real and valid information of the organizations that register a .uol domain, which will be UBN INTERNET, Universo Online S.A. or an affiliate of Universo Online S.A. Persons cannot register domains on .uol.

All registrant data will be verified off-line prior to a domain registration being completed. If requested by UBN INTERNET the registrant shall provide certified documents and or updated data in order to maintain WHOIS accuracy. Failing to provide timely responses for documents or data update requests can cause suspension (defined as the removal of domain publication within the DNS system) or cancelation of the domain.

Registration implies agreeing with legally-binding responsibilities for the domain; such responsibilities cannot be transferred to a third party without transferring the domain itself and such transaction reflected in the WHOIS data. WHOIS privacy or proxy services are not allowed and not recognized; domains registered in the name of an organization will be considered to belong to such person or organization.

.uol Prevention of Abuse Policy:

ʺThe registrant agrees to use the .uol domain being registered or renewed only for lawful and non-abusive purposes, including respecting trademark rights of Universo Online S.A. for the UOL mark.

UBN INTERNET defines abuse as the bad, wrongful or excessive use of privileges or power including but not limited to:
- Botnet command and control (a command and control infrastructure to manage a group of infected computers that receives orders from unauthorized users(s) through the network) ;
- Child entrapment or abuse ;
- Distribution of child pornography ;
- Deployment of circular references within the Domain Name System (DNS) using resources of UBN INTERNET, Universo Online S.A., NIC.br and⁄or other Top Level Domains (TLDs) ;
- Fast flux hosting (rapidly changing DNS records in order to prevent detection or mitigation of an abuse);
- Phishing (unsolicited communication or Web page that poses as being from a known institution to trick users into disclosing personal, privileged or financial data);
- Sending unsolicited bulk messages thru electronic mail, forums, instant messaging, mobile messaging, social networks or comment boxes ;
- Theft of any online service ;
- Unlawful or fraudulent actions ;
- Willful distribution of malware (any kind of software that executes malicious action on a computer system, like virus, worms, bots, trojan horses and root kits).ʺ
ʺ


----------------------------------

Abuse handling procedures:


Abuse detection procedures will be available by the an e-mail box abuse@nic.uol to receive abuse complaints. All abuse complaints will be considered to be possible breaches of contract and evaluated by UBN INTERNET Information Security team, possibly referring cases to UBN INTERNET legal department.

Target service-level for abuse and take action complaints is to set a course of action within one business day for all complaints. Staffing for this system is already part of UBN INTERNET Information Security team. Abuse and take action complaints from law enforcement will be given priority and skip queues.

-----------

.uol Take Action procedures:

ʺFor each abuse case one or more of these actions might apply:
- Remove DNS publication of the domain in cases where domain appears as only being used to exploit phishing, malware, bonnet command and control, fast-flux hosting, DNS circular references, child pornography distribution, child abuse and entrapment;
- Notice of abusive case to registrant ;
- Notice of abusive case to registrar ;
- Notice of abusive case to hosting provider(s) ;
- Notice of abusive case to appropriate computer incident response team ;
- Notice of abusive case to appropriate law enforcement authorities.

Preemptive measures like removing DNS publication will only be done to prevent further damages to the Internet community or endangered individuals and will have collateral damages of such actions assessed prior to reaching such a decision.ʺ


------------------------

.uol prevention of abusive transfer and⁄or cancellation:

All .uol domains wonʹt accept change of ownership or cancellation without authorization from proper UBN INTERNET corporate officials.

-------------------

Measures for dealing with glue records:
Internet Protocol (IP) address is this context refer to both IPv4 or IPv6 regardless of IP protocol version

- Host records wonʹt be allowed outside of domain objects. Glue records are only allowed as domain attributes and only allowed to be in-zone glue records (i.e, ns.example.uol for a example.uol domain)
- When a domain is removed from publication all of its glue records are also removed, so no orphan glue records can exist.
- When a domain is registered the supplied DNS servers are tested to validate proper authoritative response; the registration transaction requires previous DNS configuration. This prevents amplification attacks that could arise by setting DNS glue records to victim IP addresses.
- If an IP address used to be a DNS server moves to a new delegated organization there might be undesirable traffic towards that address. Take action notices for such glue records, even they are not orphaned, will be accepted from the RIR(Regional Internet Registry) registered WHOIS contact for that address space.
- As only in-zone non-orphan glue records are allowed, any evidence of a glue record being part of malicious conduct will be considered as malicious conduct of the domain it belongs to and will subject such a domain to anti-abuse or take action policies.

Similar gTLD applications: (2)