.com.ar Domains Dispute & Policy
Last Update 20 August 2012. Contact 101domain for the most current policy.
NIC Argentina will not act as mediator or arbitrator, or in any way take part in disputes that may arise between the registrants and/or applicants and/or third parties in connection with the registration or use of a domain name.
The registrant will be solely responsible for any consequences that may arise for itself or third parties in connection with the choice of its domain name. If the registration has already been applied for by a natural or artificial person other than the registrant, such person (the APPLICANT) will be jointly and severally liable together with the registrant. NIC Argentina will only register the domain name indicated by the registrant and/or applicant.
The fact that NIC Argentina registers a domain name in favour of a registrant does not imply that assumes any responsibility for the legitimacy of that registration or the use of the domain name by the registrant. NIC Argentina is not responsible for a registration, so it must not evaluate if the registration or use of a domain name violates any rights of third parties. NIC Argentina does not accept any liability for disputes related to registered or non-registered trademarks or for any other dispute related to intellectual property.
A registrant and/or applicant applying for registration of a domain name on behalf of a natural or artificial person will declare under oath that he/she is authorized to carry out the registration transaction, and will be responsible for any mistake, falsehood or omission with respect to the information furnished to NIC Argentina. However, NIC Argentina may refuse or revoke a domain name if it refers to a renowned and famous natural or artificial public person in the case the registrant and/or applicant are unable to demonstrate, to NIC Argentina's satisfaction, that he/she is duly authorized by such person to apply.
The registrant and/or applicant, if they were different persons, must sign an affidavit stating that the registration and use of the requested domain name do not interfere or affect any rights of third parties.
The registrant and/or applicant, if different persons, must sign an affidavit stating that the domain name register is not requested for an illegal purpose or violates any legislation, and that all the details submitted are true, and that no information that NIC Argentina could have considered essential to accept the domain name application has been concealed or omitted. Also, the registrant and/or applicant, undertakes to immediately inform NIC Argentina of any modification in the details. Violation of this rule will allow NIC Argentina to reject the application or immediately cancel the domain name registered.
When a person notifies that the information provided in the domain name register application is inaccurate, NIC Argentina will take the appropriate steps to investigate the supposed inaccuracy. In the case the information provided is proved to be inaccurate, NIC Argentina will take the appropriate steps to correct the inaccuracy if the inaccuracy has not violated any rule, which in this case NIC Argentina will refuse the application or revoke the domain name.
NIC Argentina may revoke registration of a domain name when deemed convenient for technical or service reasons and will notify the registrant by e-mail. If revocation is made by judicial order it will become effective at the time established in the order.
NIC Argentina will not be is not responsible for any business interruption, or for any the damage or loss caused to the registrant and/or applicant as a result of registration being refused, revoked or lost.
The registrant and the applicant must fully commit themselves not to make NIC Argentina responsible for any damage and/or loss which they could directly or indirectly suffer for the registration or the use of the domain name.
The registrant and/or applicant recognize/s that it is technically impossible to provide error-free service and that NIC Argentina cannot assume any commitments in that regard.
The Ministry of Foreign Affairs, bureau in charge of the registration of domain names in Argentina, issued a resolution 654/2009 on November 17, 2009 which went into effect on December 1, 2009. The Resolution contains the new rules for the registration of Internet domain names in Argentina, and derogates the old rules for the registration of Internet domain names, namely Ministerial Resolution Nº 2226 of August 8, 2000, the Ministerial Resolution Nª 616, Nº 904 and Nª 203.
NIC Argentina is the acronym that, according to international practices, identifies the Ministry cpr144449003101 of Foreign Affairs, in charge of the administration of the Argentine Internet domain registry.
The most relevant aspects of said resolution are the following:
- In order to file a domain name, the registrant must provide all the information requested in the electronic form. The information given by a registrant is considered a sworn statement.
- NIC-ARGENTINA is entitled to reject an application for a domain name if it considers that it contains false data, or the information is not updated.
- NIC-ARGENTINA is entitled to revoke the registration of a domain name in case the domain name affects the rights of a third party. The person or legal entity who expects the revocation of a registered domain name must demonstrate its prior and best rights, while NIC-AR is entitled to solicit any other means of proof that it thinks are necessary to resolve the dispute. NIC-ARGENTINA will analyze the claim, and if it considers it to be appropriate, will e-mail the information to the entity who has registered the domain name under dispute, containing a detailed description of the documentation attached to the claim. The holder of the domain name under dispute must acknowledge safe receipt of the communication via e-mail and must answer said communication within 10 working days. Together with his answer, the registrant must offer the evidence to prove his right to use the domain name. In the event that NIC-ARGENTINA cannot determine who holds the rights over the domain name, it will inform such circumstance to both parties via e-mail, making the parties responsible for solving the dispute by the appropriate means. This new proceeding before NIC Ar is known as “Rule 11”.
Moreover, in order to apply for the revocation of a domain name under the “Rule 11” proceeding, the applicant must file a note together with the following documentation:
- If the domain name matches up with the applicant’s name, a copy of his ID or birth certificate.
- If the domain name matches up with a registered trademark, a certified copy of the trademark certificate.
- If the domain name matches up with the company name, a certified copy of articles of association recorded before the competent authorities.
- If the domain name matches up with the applicant’s married name, a certified copy of the ID and a certificate of marriage.
In summary, this new rule introduces an innovative and prompt administrative procedure before NIC ARGENTINA by which any person or legal entity showing prior and better rights can ask NIC-ARGENTINA to revoke the domain name without the need to file a court action.
