What name can I register?
ARTICLE 13 - CHOICE OF DOMAIN NAME
The applicant freely chooses the terms he wishes to use as the domain name and is solely responsible for his choice for the top level domain.
It is up to him solely to ensure that the term he wishes to register and/or use by way of domain name, falls within the following cumulative requirements, without this list being exhaustive :
1. does not appear in the list of "prohibited terms;
2. respects the syntactic constraints;
3. does not infringe on third party rights, and notably without this list being exhaustive :
• intellectual property (literary and artistic property and/or industrial property),
• rules of competition and fair trade behaviour,
• the right to a name, a first name or a person's pseudonym,
4. is not contrary to good morals and to public order and notably does not bear any term:
• offending pursuant to the law of 29 July 1881 on the liberty of the press;
• likely to harm the physical, mental or moral fulfilment of minors
5. does not correspond to a name of a territorial authority of the Republic, as published by INSEE or to a name of a New Caledonian institution such as laid down in theorganic law N° 99-209.
The holder must carry out the research necessary to insure that the term he wishes to register and/or use as a domain name must be compliant to the abovementioned provisions.
In consequence, OPT-NC does not check the registrations made by the holders and does cpr144449003101 not see any involved responsibility because of non-compliance by the holder of the above provisions.
ARTICLE 14 - PROHITIBED AND RESERVED TERMS
The fundamental terms regroup:
• "prohibited terms which cannot be the object of a registration, except for exceptions validated by the domain naming committee.
• and the "reserved terms for which the registration is subjected to special conditions, related to the identity and right of the applicant.
By way of "prohibited terms are included, for example, abusive terms, racist, crude, linked to crimes or offences.
By way of "reserved terms are included, for example, the technical Internet terms, the names of regulated professions, terms linked to the functioning of the State, the names of the countries signatories to the Convention de Paris and the dedicated names or terms of international organisations as well as the names of the French communes in their canonical form.
The fundamental terms are included in a list up-dated by OPT-NC which includes both prohibited terms, excluded from naming by their nature, and the reserved terms.
The list of the commune names constituting the referential of the reserved names is directly searchable on the site http://www.domaine.nc, their registration being subject to specific provisions.
Except for the commune names, the terms are included either spontaneously by OPT-NC, or at the time of a request for registration of a domain name.
The government, through the member of government in charge of the post and telecommunications sector, can, at any moment, request OPT-NC to include new terms in the list of fundamental terms.
This list is evolutional and the applicant is asked to familiarize himself online. From the very nature of the terms of which it is composed of, this list is not published in its entirety and is only communicated to the registrars who request it at the time of a refusal of registration.
The list of the fundamental terms does not constitute for OPT-NC an obligation of result.
Any contestation with respect to the refusal to register a domain name of which the term is included in the list of fundamental terms is directed to the committee for the allocation of domain names, the only body authorised to grant justified derogations. The requests must be reasoned and justified. The allocation committee is not obliged to provide a favourable response to requests for derogations.
The list of prohibited names can be found at:
http://www.domaine.nc/fr/informations-enregistrement-noms-interdits.html
