Domain Registration Policy

In force from 1 July 2023

DISCLAIMER: The whole text of the present Policy, as well as the documents derived from it, including those in the Annexes, have been written in Hungarian and English, both versions being deemed authentic, but for legal purposes the text in Hungarian is to be given priority of interpretation.

Table of contents

Chapter I: Terms used in the Domain Registration Policy

Chapter II: Policy for the application for and registration of domains

1.     Application for domain delegation

2.     The domain name 

Chapter III: Maintenance of domain delegation

3.     Maintenance of delegation

Chapter IV: Termination of domain delegation

4.     Cancellation of delegation

5.     Suspension of delegation

6.     Revocation and deletion of delegation

7.     Transfer of delegation

Chapter V: Legal disputes

8.     General Provisions

9.     Settlement of legal disputes prior to delegation (procedure of the Domain Decision Maker)

10.    Settlement of legal disputes after the delegation (Procedure of the Registration Decision Maker)

Chapter VI: Additional provisions

11.    Requirements for the technical operability of the domains

12.    Administrative contact person

13.    Other provisions

This Domain Registration Policy have been established by the Scientific Association of  Council of Hungarian Internet  Providers (hereinafter referred to as Association) by taking on the opportunity of self-regulation provided by Section 15/A of Act CVIII of 2001, in order to ensure the unified order of the registration, delegation and maintenance of public domain names under .hu, as well as to safeguard the rights of registrants and others. The present Domain Registration Policy have been issued as part of the relevant contractual system created   and shall be practiced without any special reference being made thereto during the use of the system.

Chapter I: Terms used in the Domain Registration Policy

Domain: An autonomous Internet subset, a database assigning names  to a set of Internet addresses.

Domain name: A technical identifier consisting of alphanumeric characters, that is used primarily instead of the Internet addresses essential for the Internet communication as they are  easier to remember. This Policy are applicable  to domain names located directly   under the top-level domain of .hu  or under any of its  second level public subdomains in the Internet domain system (e.g. companyname.hu, companyname.co.hu). The domain names with accentuated letters (IDN in the international terminology) are stored in a coded form in the name servers while they usually appear in a non-coded form on   the user’s level  therefore the „Domain name” is to be understood to be a non-coded form in this Policy unless otherwise specified.

Top-level domain: The .hu domain registered directly in the root of the Internet domain system.

Second-level domain: Adomain registered directly under the .hu top-level domain (e.g. info.hu).

Public domain: The.hu top level Internet domain as well as the  second level Internet domain names opened thereunder when required, where the registration is performed by  the Registry. The current list of second level public domain names is published by the Registry on their website.

Registration: granting in a legal sense the right of use of an Internet domain identified by a domain name to a Domain Applicant. A registered but non- delegated domain is technically unusable.

Conditionally registered domain: the domain application is entered in the Register but has not yet been adjudicated. A conditionally registered domain is non-transferable, and a change of registrar is not possible at this stage of the domain.

A conditionally registered domain becomes a registered domain (see paragraph 1.2.3) if:

• no complaint is lodged against it or, following any complaint, a decision is made in the procedure of the Domain Decision Maker that the domain is registrable for the applicant, AND
• in the case where the Registry has requested a declaration of good faith from the Domain Applicant due to the possibility of a conflict with section 2.2.2(c) of the Policy and the Domain Applicant  has made a proper declaration.

Adjudication: the Registry checks whether the domain name application does not conflict with Section 2.2.2. c) of the Policy, i.e. whether the domain name applied for is delusive.

Declaration of Good Faith: a declaration with an electronic signature based on a qualified certificate accepted in the EU (according to the eIDAS Regulation) or AVDH on magyarorszag.hu. A declaration of good faith shall be made by the Domain Applicant in the event that the Registry detects a potential conflict with Section 2.2.2 c) of the Policy and notifies the Registrar of the applicant thereof. In the declaration, the Applicant  shall declare that he will not use the domain in a deceptive way, but in good faith, in accordance with the Domain Registration Policy and that he  will not infringe the rights of any third party.

Breach of the Declaration of Good Faith  will result in the revocation of the domain.

The Declaration of Good Faith may also be taken into account during any alternative dispute resolution procedure or provided to the Complainant upon request.

Conditionally Registered-Adjudicated Domain: a conditionally registered domain that has been published on the Registry’s website, where the Registry has not found the application to be in conflict of Section 2.2.2. c) of the Policy, i.e. deceptive, or, if so, the Applicant has made a Declaration of Good Faith and it has been accepted by the Registry, i.e. it has been adjudicated positively .

Delegation: granting in a technical sense the right of use of a registered or conditionally registered-adjudicated domain identified by a domain name to a domain applicant. For this, the applicant must ensure that the technical functionality requirements of the domain are met.

Conditionally delegated domain: a conditionally delegated domain is a conditionally registered – adjudicated domain that is published on the Registry’s website and for which the  technical functionality requirements of the domain are met.

A conditionally delegated domain becomes a delegated domain when the domain is registered. A conditionally delegated domain is technically usable.

Domain Applicant (or Applicant): A person who submits an application for the  registration of  a domain. If  the domain applied for is registered, the applicant will  become a registrant.

Registrant: Theperson  whom the domain has been  registered to.

Maintenance: the registration-maintenance service provided for the Registrant, wherein the necessary technical and administrative data are stored in the Register and are amended as required. If the domain is delegated, certain data are also stored on .hu authoritative name servers, and can be accessed through the Internet.

Domain names maintained by the Registry: domain names that are maintained by the Registry for a Domain Registrant because the contract of a Registrar to act as Registrar has expired and the Registrar has not appointed a replacement Registrar in accordance with the Domain Registration Rules

Registrar: a  service provider authorised by the Registry  managing the affairs relating to domain  registration, delegation and maintenance within a contractual relationship with the Domain Applicant or Registrant  pursuant to the free choice and assignment  of the Domain Applicant or Registrant

Document-based  application for a domain: the Domain Applicant enters into a  contract of registration-request in connection with the requested domain with a Registrar during which it provides all the mandatory data and makes the necessary statements in accordance with point 1.2.2.1. Domain application statements shall be submitted by the Domain Applicant for the Registrar  on paper or electronically authenticated. The Registrar is obliged to forward the application data to the Register.

The domain registered on the basis of this Application Form mentioned in the previously valid versions of the Policy is considered to be a document-based registration, regardless of whether the Application Form has been signed on paper or authenticated electronically.

Domain registered on the basis of a document: a domain that was either applied for on the basis of a document or applied for under one of the confirmation procedures, but later a transition to the document based registration was requested by the registrant.

The amendment of certain data related to the domain registered on the basis of a document, change of registrar and change of registrant is done on the basis of a document.

The domain registered on the basis of the Application Form mentioned in the previously valid versions of the Policy is considered to be a document-based registration, regardless of whether the Application Form has been signed on paper or authenticated electronically.

Confirmation procedure-based application of a domain: the domain applicant enters into  a registration application contract with a Registrar in connection with the requested domain during  which it provides all the mandatory data and makes the necessary statements in accordance with Section 1.2.2.1. Domain application statements shall be submitted by the Domain Applicant to the Registrar electronically authenticated. The Registrar is obliged to forward the application data to the Register.

Confirmation procedure-based registration of a domain: a domain that has been requested on the basis of a confirmation procedure or on the basis of a document, but the Domain-User later requested transition to a confirmation procedure-based registration.

Changes to certain data relating to a confirmation procedure-based registration of a domain, a change of registrar and a change of registrant shall be made on the basis of  the confirmation procedure.

One-Factor Confirmation Procedure: a procedure in which the applicant authorises  data change, registrar change or registrant change using a factor in its possession. The Registrar will send a link (URL) to the email address (factor) provided in advance by the applicant, where  the applicant will find a temporary website describing the change. Here, they have the option to confirm or reject the intention to change. If they do not confirm the change by pressing the confirm button within the specified time frame, the change will not take effect. The registrant must take special care not to lose control over the factor specified by them and to be able to receive those messages from the Registry. The Registry may introduce additional technical solutions as a factor. One-factor confirmation must always be performed by a natural person with legal capacity, i.e. the use of an automatic computer confirmation system is prohibited.

Two-factor confirmation procedure: a procedure in which the Applicant authorises  data change, registrar change or registrant change using the two factors in their possession. The Registrar will send a link (URL) to an email address (first factor) provided in advance by the Applicant, where the Applicant will find a temporary website describing the change. Here, they have to enter the code that the Registry will send to the telephone number provided by the applicant (second factor) – this can be done by voice announcement or by text message. They  then have the option to confirm or reject their intention to change. According to the Policy Non-premium rate numbers of countries listed in Section 1.1.1 of the Policy may be provided as telephone numbers.  If they do not enter the correct code within the specified time frame, the change will not take effect. The registrant must take special care not to lose control over the two factors  specified by them and to be able to receive messages from the Registry on them. The Registry may introduce additional technical solutions as a first or second factor. Two-factor confirmation must always be performed by a natural person with legal capacity, i.e. the use of an automatic computer confirmation system is prohibited.

Administrative contact person: the representative of the Registrant in administrative matters relating to the domain.

Registry: manager of .hu public domain names , registers, safeguards, in some cases maintains and makes available the registered domain names and the data related to them. The Registry is  ISZT Nonprofit Kft., an organisation authorised by the Scientific Association of Council of Hungarian Internet Providers to perform the activity.

Register: data relating to the domain-registrations, saved in the computer system by the Registry.

Registry’s website: an Internet location for the regularly updated public information in connection with the  registration of public domains (http://www.domain.hu).

Alternative Dispute Resolution Forum (ADRF): In disputes concerning domain names providing alternative domain dispute resolution services within the framework of the Association, the Association shall act in accordance with these Rules and the Rules of Procedure, the Rules of Procedure of the Alternative Dispute Resolution Forum and the specific substantive and procedural rules. Dispute resolution proceedings shall be decided by arbitrators independent of the Association, the Registrar and the Registrars. In the event of any conflict with these Rules, these Rules shall prevail.

Coherent Complaints Handling System (CCH): a centralised online complaints handling system for all concerned persons, which provides:

– the complete management of domain name and registration arbitration proceedings under the Alternative Dispute Resolution Forum, in accordance with the Dispute Resolution Rules of Procedure;

– the filing and handling of complaints against any Registrar, the Registry or the Alternative Dispute Resolution Forum, as set out in the ADRF Rules of Procedure.

Decision Maker: A natural person with a legal education and relevant experience, elected for a fixed term by the General Assembly of the Association, following an application procedure in accordance with the Rules of Procedure of the Alternative Dispute Resolution Forum, to assist in the out-of-court settlement of disputes arising in the domain name field, who shall perform his/her duties in accordance with the provisions of these Rules of Procedure, the Rules of Procedure of the Alternative Dispute Resolution Forum, the Rules of Procedure and the specific substantive rules of procedure.

Complainant: any person who submits a complaint to the Alternative Dispute Resolution Forum pursuant to Chapter V of these Rules and Regulations, in particular, any person who requests a determination that the registration of a conditionally registered domain name for a given Domain Applicant or the substantive use and/or application of a name by a Registrant registered for that Domain Applicant is in violation of these Rules and Regulations.

Complainee: any person against whom a complaint is lodged with the Alternative Dispute Resolution Forum under these Rules and Regulations, in particular the Domain Applicant or Domain Registrant or the Registry, if the complaint is lodged against the Registry’s decision to reject a domain name application.

Decision Maker: a natural person elected for a fixed term by the General Assembly of the Association, following an application procedure in accordance with the Rules of Procedure of the Alternative Dispute Resolution Forum, to assist in the out-of-court settlement of disputes arising in the domain name field, who shall perform his/her duties in accordance with the provisions of these Rules of Procedure, the Rules of Procedure of the Alternative Dispute Resolution Forum, the Rules of Procedure and the specific substantive and procedural rules.

Procedure of the Domain Decision Maker: the Alternative Dispute Resolution Forum’s procedure for disputes concerning domain names that have been conditionally registered or rejected by the Registry at the time of application, whereby the decision makers act in panels of three.

Procedure of the Registration Decision Maker: the Alternative Dispute Resolution Forum’s procedure for disputes concerning registered domain names, whereby the decision makers act as individual arbitrators or in panels of three.

Legal Advisory Committee: a panel of at least three persons, composed of professionals with experience in domain name disputes, whose primary objective is to support the high quality and predictable professional functioning of the Alternative Dispute Resolution Forum, including the issuance of a statement of principles to promote uniformity of decision-making practice.

Hotline Decision Making  Forum (HRMD): anout-of-court dispute resolution service consisting of independent adjudicators within the framework of the Alternative Dispute Resolution Forum, which may proceed in case of notifications concerning tortious information communicated under delegated domains, in case of illicit behaviour concerning the information or in any case of any report on such information as violates the rights or legitimate interests of other persons, HRMD may act pursuant to applications from the (hotline) notifying services maintained for this purpose in Hungary that have co-operation agreements with the Registry and may proceed by adhering to terms and conditions prescribed specifically for them.

Domain expiry date: the date until which the usage fee of the domain  is settled with the Registry. The fee is paid to the Registry by the Registrar.

Chapter II: Policy for the application for and registration of domains

1.  Application for a domain

1.1    Criteria regarding the Domain Applicants

1.1.1  Registration of domains directly  under the .hu public domain may be applied for by:

a) any citizen of the European Union, the Council of Europe, an EEA or EFTA country, or of a neighbouring country of Hungary, or a natural person having an ID card, passport or driving licence issued by an authority of such states, or
b) any natural person holding a  permit for domiciliation in Hungary, or
c) any legal entity:

i) established by virtue of law,
ii) entered in the Register of or registered with  an authority or court, or
iii) a legal entity filing its respective application with the competent authority or court and commencing its operations pursuant and according to the law prior to such entry or registration

in the territory of the European Union, of the Council of Europe, an EEA or EFTA country or a neighbouring country of Hungary.

d) furthermore,  the beneficiary of a trademark either registered with the Hungarian  Intellectual Property Office or protected otherwise that is also applicable in Hungary.

1.1.2  Domains  under a second level public domain may be applied for by any domestic or foreign natural person or legal entity.

1.1.3  A  Domain Applicant must be  natural persons over 18 years old  except in cases of legal succession specified by law (e.g.  heritage).

1.2 General policy of  the registration procedure

1.2.1 Initiating the registration of a domain

1.2.1.1 The registration is subject to the precondition for the Domain Applicant to apply for the domain at a chosen Registrar according to  the contractual terms and conditions of the Registrar in question. The terms and conditions of the contract  shall not contradict the provisions of the Policy. In case of deviations, the dispositions set out in the Policy shall be applied in any legal relationship evolving from the application for and the use of the domain name in question.

1.2.1.2 The Registrar, who has acquired the right to submit a domain registration application on the basis of a contract with the Registry, is entitled to act according to the relevant orders of the Domain Applicant.

1.2.1.3 The service of  domain registration-application and maintenance may be  subject to  fees charged by the Registrar. The Registrar’s obligation to pay the fees shall arise towards the Registry upon registration of the application in the Registry.

1.2.1.4 The Domain Applicant shall make  sure that the requirements set forth in the Policy have already been  met when the  application is submitted.

1.2.2   The Application process

1.2.2.1 When applying for a domain, the Domain Applicant shall provide the Registrar, which they have a contract with, the chosen domain name , the contact data of the administrative contact person, as well as the particulars according to the applicable category from below :

1. Natural person applying for domain: name, postal address, notification e-mail address, telephone number, and, as chosen by the  Applicant: the number of the identity document (ID card, passport, driving licence or residence permit) or his or her birthdate.
2. Legal person applying for a domain: name, postal address, notification e-mail address, telephone number, tax number, name of legal representative.
3. Individual entrepreneur applying for a  domain: name, postal address, notification e-mail address, telephone number, tax number.
4. Heir of a deceased Registrant as domain applicant: name, postal address, notification e-mail address, telephone number, and as chosen by  him/her: the number of the identity document (ID card, passport, driving licence or  residence permit) or his or her birthdate; as well as: grant of probate or certificate of inheritance or statement of inheritance.
5. Details of the Administrative Contact Person (if the contact person is different from the domain applicant): name, postal address, notification e-mail address, telephone number, in case of an individual entrepreneur, tax number.

It is a pre-requisite for the  validity of  applications  that the domain applicants provide in the  application for registration all the mandatory data genuinely as per this clause and declare that:

1. the data  provided are valid, and
2. that they agree to the provisions of the Policy and that they will consider those provisions as binding them during the whole  term of domain application and registration; and
3. by maintaining the registration, they submit themselves to the decisions of the Alternative Dispute Resolution Forum, and
4. that they have become familiar with the contents of the Privacy Statement  and agree that their personal information will be processed as provided therein.

1.2.2.2 In  case of  document-based application, the Domain Applicant shall provide the Registrar with proof of its notification e-mail address, the information required under Section 1.2.2.1 and the legal statements required therein,

1. in case the Domain Applicant is a  natural person, themselves or their authorised representatives,
2. in case of a  legal entity, by the legal representatives or their  authorised representative,

and submit the above to the Registrar (in the case of a proxy, together with a power of attorney in the form of a notarial deed or a private document providing full evidence). The above information and legal statements may be made on paper by hand signature or authorised signature, in the case of an electronic document, by means of a qualified electronic signature.

1.2.2.3 In the case of a confirmation-based application, the Domain Applicant shall provide the required data in one of the ways offered by the Registrar. The applicant shall provide the Registrar with proof of its notification e-mail address, provide the information required under 1.2.2.1 in electronic form and make the legal statements required therein.

1.2.2.4 The Registrar shall acknowledge receipt of the applications and keep such register as credibly allow to establish the fact and sequence (time) of the receipt of the applications.

1.2.2.5 The Registrar is obliged to forward to the Register all data required for the application. The exact time of the application is the moment from the time stamp set  by the Registry’s automated computer registration system when it registers the application.

1.2.2.6 Obligation of preservation:

1. For document-based application any documents submitted with the application  on paper or electronically and the data and legal statements provided shall be electronically archived and retained by the Registrar for one year its legal relationship with the Registrant is terminated. The legal statements made electronically by the Domain Applicant or Registrant about agreeing to accept and to be bound by the provisions of the Policy will be recorded and archived by the Registry in electronic form.
2. In the case of an application based on a confirmation procedure, the Registrar shall retain the data and legal statements provided with the application in electronically archived form for one year from the day  its legal relationship with the Registrant is terminated. The Registrar shall record and archive in electronically the confirmation of acceptance of the statements made by the Domain Applicant or the Registrant pursuant to Section 1.2.2.1.

1.2.2.7 The Registrar shall be responsible to Registry in the application process for forwarding the mandatory data to the Register, for the provision of legal statements and in case of deviation from the Policy on their preservation.

1.2.2.8 The data provided in the application process and any other shared information shall be handled and made available to the public or third parties by the Registry in accordance with the Privacy Statement. The Registrar shall also be responsible to  record  the data provided by the Domain Applicant accurately.

1.2.3   Application handling

1.2.3.1 Registrar shall immediately inform the domain applicant  of any problem in the administration of the application and shall handle the problem in consultation with the Registry according to the provisions of the contract entered into with the Registry and to the Policy.

1.2.3.2 Registry shall immediately start to process such applications as have been entered in the Register and forwarded by the Registrar in accordance with the Policy.

1.2.3.3 The Registry shall check if  the application meets the requirements set forth in Paragraphs 2.1, 2.2.2(a), 2.2.2(b), 2.2.3, 2.2.4 and 2.2.5 of the Policy. If the application does not meet the requirements, the application will be cancelled by the Registry and the Registrar will be notified accordingly. If the name applied for meets the above requirements, the domain will be conditionally registered.

1.2.3.4 The Registry checks the existence and consistency of the mandatory data required for the application. If it realizes that the application is incomplete, it shall notify the Registrar accordingly and indicate the reason within one business day if possible.

The Registrar shall have 30 days from the date of registration of the application in the Register to remedy the deficiency or  withdraw the application in consultation with the Domain Applicant. If the Registrar fails to remedy or correct the deficiency (deficiencies) within this period, the application shall be automatically deleted.

1.2.3.5 The Registrar will examine the application, i.e. checks whether the application is not in conflict with point 2.2.2. c) of the Policy (delusive domain name).

1. If the Registrar considers that the application is not in conflict Section 2.2.2. c) of the Policy, the domain will be conditionally registered-adjudicated.
2. If the Registry detects the possibility that the application may violate Section 2.2.2 c) of the Policy, it shall notify the Registrar that the Applicant must submit to the Registrar a Declaration of Good Faith  in accordance with the sample document published by the Registry provided with an electronic signature based on a qualified certificate  accepted in the EU (in accordance with the eIDAS Regulation), or certified via „AVDH” on the portal magyarorszag.hu  with a deadline that allows the Registrar to remedy the deficiency in accordance with Section 1.2.3.4. As long as the Applicant fails to provide the Declaration of Good Faith or fails to provide an adequate declaration, the requested domain shall remain conditionally registered and shall not be delegated. Upon expiry of the 30 days without result, the domain will be deleted.

If the Registry finds the Declaration of Good Faith to be formally and substantively appropriate the domain will be conditionally registered and adjudicated.

1.2.3.6 Following the adjudication as per paragraph 1.2.3.5, the Registry shall publicly advertise the conditionally registered-adjudicated domain name on its website for 8 days in the list of domain names waiting for registration.

1.2.3.7 In case a complaint is filed against a published application during the publication period, the domain will either be registered or it will be deleted by the Registry depending on the outcome of the alternative dispute resolution procedure (procedure of the Domain Decision Maker) as per paragraph 9 of the Policy.

1.2.3.8 If no complaint is filed against the application during the period of advertisement, the domain will be registered.

The Registry’s website will display publicly available (whois) at least the following information in relation to conditionally registered or registered domain names:

1. name of the domain,
2. technical data of the domain,
3. particulars of the Registrant in case of a legal entity or an individual entrepreneur,
4. the expiry date of the domain,
5. the Registrar and its contact details.

1.2.3.9 The Registry shall not be held responsible for the registration of a domain name that does not comply with the Policy. The choice of domain name is the sole responsibility of the Domain Applicant, as set forth in Section 2.3 of the Policy.

1.2.3.10  The Registry shall not be held responsible If in particular cases it refuses to fulfil the application on account of non-compliance with the Policy. The Domain Applicant, in accordance with section 9 of the Policy may apply to  the Alternative Dispute Resolution Forum’s procedure of the Domain Decision Maker to proceed against the Registry’s negative decision.

2.  The domain name

2.1   Formal requirements relating to the domain name

2.1.1  Domain names shall consist of at least 2 and up to 63 characters*.

2.1.2  Characters that can be used in domain names

1. lowercase letters without accent of the Latin alphabet: a-z,
2. lowercase letters with accent of the Hungarian alphabet: á, é, í, ó, ö, ő, ú, ü, ű,
3. numeric characters: 0-9,
4. the hyphen: –

2.1.3  Hyphens shall not be used at the beginning or at the end of the domain name. The domain name shall not contain two hyphens directly following as the third and fourth characters.

2.2  Other criteria relating to the domain name

2.2.1  The Domain Applicant is free to choose the domain name applied for within the framework of  laws and the Policy, but the Domain Applicant shall act with utmost care in choosing the domain name so as the application, the domain name, and its usage shall not violate the rights of other persons or entities (e.g. right of exclusive names, the right of  privacy, the right of reverence, the right of intellectual property,  etc.). The domain applicants shall be expected to check the commercial register or major  trademark databases^[i] before choosing the domain name.

2.2.2  No such domain name shall be chosen and used as, in terms of its meaning and/or use, is suspected of being:

1. illegal, or
2. incentive to hatred or fear, or
3. delusive.

2.2.3  No such domain name shall be chosen as:

1. is already registered under the particular public domain, or
2. belongs to  the protected names published on the Registry’s website.

2.2.4  In case of  registration directly under the .hu public domain:

1. for settlements in Hungary with local government have the right to choose a domain name  identical with the name of the settlement (written in Hungarian and in the local ethnical minority’s language where such an official settlement name exists),
2. only the official representation of a county is entitled to choose a domain name  identical to the name of the particular country (written in Hungarian or in English).

This restriction shall not apply to registration under second level public domains.

2.2.5  Only trademarks of the domain applicant can be registered under the tm.hu  second level public domain.

2.3  Liability for domain name choice

2.3.1  The domain applicant and the registrant have exclusive liability:

1. for the choice, meaning and use of a particular domain name as well as for the consequences thereof,
2. for the lawfulness of domain name choice and use,
3. for damage caused to third parties by the domain name choice or use.

2.3.2  The Domain Applicant or the Registrant shall:

1.  exercise appropriate care in choosing the domain name and verify its choice for lawfulness prior to the application,
2. voluntarily give up the chosen domain name if the use of the registered domain name violates he rights of others despite the careful procedure,
3. substitute the Registry and/or the Registrar if another person wants to enforce claims against the Registry or the Registrar in connection with the  chosen domain name, or if there is an obstacle to doing so,  provide them every help in defending them against the claim,
4. relieve the Registry and/or the Registrar from any costs arising from any legal dispute, damage or claim in connection with the domain name registered thereto, from the delegation and registration process, the choice, meaning or use of the domain name, and shall do everything so that the interests of the Registrar or the Registry not to be prejudiced.

2.3.3  Neither the Registrar nor the Registry, acting in this capacity, shall be held liable for any damage caused to a third person by the choice or the use of the domain name provided that the provisions in the Policy and those in the contract with the Domain Applicant or the Registrant have been complied with.

2.3.4  The Registry shall fulfil the final court decisions relating to the choice or use of the domain name even if it is not part of the litigation. Neither the Registrar nor the Registry shall be held liable for fulfilling the decision closing the dispute (resolution or decision of the Alternative Dispute Resolution Forum), for the final and binding decision or such a decision that is declared enforceable on a preliminary basis.

Chapter III: Maintenance of domain registration

3.  Maintenance of registration

3.1  Maintenance of registration is subject to the Registrant having a valid contract for  maintenance of registration with one of the Registrars and to the entry in the Register by the Registrar of  the existence of the contract. The terms and conditions of the contract shall not contradict the Policy. The Registrant shall comply continuously during the term of registration with the requirements of the Policy applicable at any one time.

3.2  The registration maintenance service of the Registrar may be subject to fees.

3.3  Change of Registrar

3.3.1  The Registrant may change Registrar in case of a registered domain. The Registrant shall enter into a new registration maintenance agreement for the maintenance of the domain by submitting a request  to the new Registrar of their choice for the maintenance of the domain in accordance with clause 1.2.2,  the contractual terms of the respective Registrar and  this Section 3.3.

3.3.2 In the case of a document-based registration of a domain,   as a general rule, the Registrant also applies for a document-based registration of the domain at  the new Registrar. If the Registrant applies for the domain at the new Registrar through the confirmation procedure, then there are two options:

1. simultaneously with this application, the Registrant must submit to the new Registrar the document according to point 3.6.1.1 in which the Registrant requests the change of the domain from the document-based registration to the confirmation  procedure-based registration. The Registrant will then approve the request and make the required statements using the confirmation process; or
2. simultaneously with this application, the Registrant must submit to the new Registrar those documents which are necessary to request the transfer to the document based registered domain (the transfer takes place based on documents), and then the Registrar carries out the type change in its own competence in accordance with Section 3.6.1.2.

3.3.3  For domains registered in a confirmation procedure, if the Registrant requests the domain with a confirmation procedure at the new Registrar, the Registrant shall approve or make the change of Registrar and the necessary statements with a confirmation procedure. In this case, the Registry will first use for the Registrant the confirmation factor data that the Registrant provided  prior to the change of Registrar. If the Registrant has provided new factor data to the new Registrar, the Registry will also conduct the confirmation process with  this new data.

3.3.4  In the case of a domain registered under the confirmation procedure, the Registrant may also request the domain at the new Registrar using the document-based procedure. The Registrant  approves the change of Registrar and makes the required declarations through a confirmation procedure. In this case, the Registry will use for the Registrant the confirmation factor data provided by the Registrant to the Registrar of the domain prior to the change of Registrar.

3.3.5  The Registrant shall always perform the confirmation procedure within 14 days from the sending out day of the request for confirmation by the Registry.

3.3.6  If the Registrar’s contract with the Registry to act as Registrar is terminated, the Registrar change shall happen as follows:

3.3.6.1 If the contract

1. is terminated by the Registrar or the Registrar by notice, it shall be entitled to appoint another Registrar in its place at latest by the expiry of half of the notice period. If half of the notice period would be less than 30 days, the appointment shall be done within 30 days  of the termination notice,
2. is terminated by the Registrar with cause, within 30 days of the date of the termination notice

it shall be entitled to appoint another person to act as Registrar (New Registrar) in its place. The New Registrar appointed this way shall replace the old Registrar by transferring the existing domain name maintenance contracts with the Domain Applicants. The Old Registrar shall, no later than at the same time as  the New Registrar is appointed, provide the Registry with its written acceptance, together with a joint declaration by the Old and New Registrar as to whether the change of Registrar will be effected by the New Registrar transferring the existing contracts with the Applicants.

3.3.6.2 In the event that a Registrar’s franchise agreement entitling it to perform the Registrar’s activites is terminated and the Registrar has not appointed a new registar to replace it within the time limit set out in section 3.3.6.1 or if the Registry terminates the above mentioned agreement with immediate effect, the domain names maintained by the Registar shall be reserved by the Registry on the date of termination of the franchise agreement. The change des not imply a change in the identity of the Registrant.

3.3.6.3 The Registry shall inform the Registrants of the domain names concerned of the termination of the Registrar’s franchise contract, the list of accredited .hu Registrars, the procedure to be followed and the advantages of contracting with a Registrar. In the selection of a Registrar, the Registry will not provide any more advice or information than is publicly available on the “List of Registrars” page on domain.hu.

For domain name holders of domain names maintained by the Registry, the Registry will provide limited domain name reservation and technical support for the transfer to a Registrar. Elements and limitations of the minimum mandatory service provided by the Registry to the Registrant:

• The maintenance fee can only be paid by bank transfer. The Registry’s maintenance fee is a multiple of the typical market price.
• Name server data in the Register will be modified by the Registry only once a year.
• The Registry does not provide, inter alia: name server services, hosting or email services.

If the Domain Registrant requires services other than the above, it shall enter into a domain maintenance contract with an accredited Registrar in accordance with Section 3.3 of the Rules and Regulations.

3.4  During the registration period the Registrant shall have an administrative contact person. Policy relating to the administrative contact person is set forth in Section 12 of the Policy.

3.5  Changes in the details of the Registrant

3.5.1  The Registrant shall be held liable to notify its Registrar of any change in  data provided as per paragraph 1.2.2.1 forthwith after such changes occur.

3.5.2 Where the Registrant is a legal entity that had started its operations before being entered in the Register or being registered, it shall be held liable to  report immediately to its  Registrar upon receipt of a decision of registration denial.

3.5.3 The data of the Registrant  shall be modified in a way where the change in data are reported by the Domain Applicant  to  Registrar,  who will forward it to the Register.

3.5.4  In case of a document-based registered domain, the Registrant must certify the  change by a document if:

1. for legal persons: their tax number and/or name have changed, including name change and succession (e.g. merger, amalgamation, division, etc.), but excluding transfer, the rules for which are set out in point 7;
2. for natural persons: change of name and succession (including inheritance but excluding transfer) and/or change of identification number.

The Registrar shall forward the documents to the Registry electronically.

3.5.5  In case of a domain registered based on a confirmation procedure, the Registrant must approve the data change by a confirmation procedure if:

1. factor data changes (in which case they must verify the change with both the original and the new factor data), or
2. for legal persons: their name have changed, including name change and succession (e.g. merger, amalgamation, division, etc.), but excluding transfer, and their tax number have changed;
3. for natural persons: change of name and succession (including inheritance but excluding transfer) and change of identification number.

The rules on modifications due to transfer are detailed in Section 7 of the Policy.

3.5.6  In the case of a domain registered based on a  confirmation procedure, if the Registrant changes data in the Registry that  does not require a confirmation procedure, the Registrar or the Registry shall notify the Registrant by e-mail of the data change.

3.5.7  In the case of a domain registered based on a confirmation procedure, if the Registrant loses control of one of their controlling factors (e.g. the email address or telephone number is discontinued), the Registrant  may apply for the replacement of the factor data at the Registrar. The Registrar may provide two procedures to the Registrant:

3.5.7.1   Completion of the Factor Data with a declaration by the Registrant:

1. The Registrant provides the new factor data in a statement submitted to its Registrar in a private document of at least full or probative value.
2. The Registrar forwards the data electronically to the Registry, after which the Registry first initiates a confirmation procedure with the original confirmation factor(s), during which the Registrant, if it still has control over these factors, can block the requested factor data changes.
3. If the Registrant does not prohibit the change of the factor data with the original factor(s) within 3 working days, then Registry shall check the declaration and then initiate the confirmation procedure with the new factor data, during which the Registrant may confirm or reject the change.

3.5.7.2 Replacement of the factor data through the identification of the Registrant:

1. The Registrant provides its  Registrar with the new factor data.
2. The Registrar – after the identification of the Registrant- forwards the data electronically to the Register, after which the Registry carries out the confirmation procedure with the new factor data.

3.6  Changing between document-based and confirmation-based registration  procedures

3.6.1 A document-based registered    domain can be changed to a confirmation procedure-based registered domain by a Registrant. The Registrar may provide two procedures to the Registrant:

3.6.1.1 Change of Register type  with the declaration of the Registrant:

1. The Registrant shall declare the migration at least in a private document of full probative value and at the same time shall provide the details of the controlling factor(s).
2. The statement must be sent by the Registrant to its Registrar, and the Registrar must send it to the Registry electronically. The Registry will then check the declaration and then conducts the confirmation process.

3.6.1.2 Change of Register type through the identification of  the registrant:

1. The Registrant shall apply for the change at its Registrar.
2. The Registrar  – after the identification of  the Registrant – forwards the application electronically to the Register, after which the Registry carries out the confirmation procedure.

3.6.2  A  domain registered under a confirmation process can be changed by       a Registrant to a document-based registered one. In this case, the Registrant issues a statement about the transfer in a private or public document with full probative value (including an electronically authenticated document). The statement must be sent by the Registrant to the Registrar, who must send it to the Registry electronically. The Registry will then conduct the confirmation process.

3.6.3 It is possible to change from a one-factor confirmation procedure to a two-factor one by requesting this form the Registrant at the Registrar giving the telephone number. The Registrar forwards the request to the Registry and the Registry conducts the confirmation procedure.

3.6.4  To change from a two-factor to a one-factor confirmation procedure, the Registrant must request the Registrar to do so. The Registrar forwards the request to the Registry and the Registry carries out the confirmation procedure. In this case, the Registry will use the domain Registrant’s control factor data for the verification, which he provided before switching domain type.

3.6.5  For Procedures 3.3.2.2 and 3.5.7.2 and 3.6.1.2, the Registrar shall take particular care to ensure the accurate transmission of the data of the domain name Registrant’s factor to the Registry and, prior to that, the identification of the domain name Registrant. The Registrar shall be solely responsible for the accurate transmission of the data and the identification of the domain name Registrant.

3.7  In the event that a Registrant has ceased to exist without successor in title and has been finally deleted, only the person who, together with the necessary certificates, is entitled to submit an application in respect of the domain name or name registered in his/her name, shall be entitled to:

1. can prove that the application for the domain was originally made on his/her behalf or solely for his/her benefit or use, or
2. declares, in a private document with full probative value, that:

a. is not aware of any transfer of the domain name to any person by the Registrant in the Registry prior to its cancellation, and
b. has been using the domain name continuously since the effective cancellation of the Registrant in the Registry,
provided that the Registrar concerned also declares that he or her is aware of his criminal liability and that the circumstances set out in this paragraph 2. a. have occurred.
When applying for a domain pursuant to this Section 2, the Domain Applicant shall send his declaration to the Registrar in the form of a private document with full probative value, which the Registrar shall retain and transmit electronically to the Registry.

Chapter IV: Termination of domain registration

4.1  If the Registrar decides to terminate the contract for maintenance of registration, it shall notify the Registrant thereof and enter the fact of termination in the Register. At the same time of the termination, the Registrar may cancel  the technical service of delegation as well, especially  if the Registrant  does not pay the fee of registration or maintenance  to the Registrar  in spite of a notice, within the reasonable deadline specified in the notice, or if the usage of the domain name is in conflict with the  Acceptable Use Policy^[ii] ,i.e. used for sending spam or offering goods and/or services advertised in spam under the domain name, contrary to the provisions of  Paragraph 4 of the Acceptable Use Policy.

4.2  If the domain registration maintenance agreement is terminated for any reason, the Registrant must enter into a new  registration maintenance agreement with a Registrar of their choice.

The new maintenance contract shall be entered into by the Registrant with the new Registrar with a deadline that enables the Registrar to enter the signing of the new contract into the Register within 45 days of the date of termination of the previous contract.

4.3  In case  the Registry notices that a Registrant has been deleted on a final and binding basis without a legal successor, it shall notify the Registrar or Registrars  of the domain(s) concerned. The Registrar(s) shall have 30 days to settle the situation, during which time even the procedure described in Section 3.7 may be carried out. If the settlement of a  situation with regard to a domain is not resolved, the Registrar(s) concerned shall record the fact of termination of the relevant contract in the Register.

If a Registrar does not record  the fact of termination of the contract in the Register by the end of the 30th day, the Registry shall do so.

5. Suspension of registration

5.1  The registration of domain shall be suspended by the Registry if:

1. a preliminary provisional enforceable decision of the court forbids the Registrant to use the domain or it is required in an enforceable resolution or final judgement of the court.
2. the prosecuting authority communicates a good cause  to suspect crime in the choice of the domain name, or in use of it.
3. it is required in the decision of the Alternative Dispute Resolution Forum,
4.  the circumstances provide ground for concluding that:
5. the data given by the Registrant in the application for the purpose to be identifiable was false, or
6. no consent has been given to the Registrant to handle the personal data of the natural person appointed as administrative contact person.

5.2  The registration of domain may be suspended by the Registry if:

1. the Registrant fails, despite being called to do so,  to ensure the conformity of the domain with the requirements defined in the Policy,
2. the domain and/or the use of the domain name causes technical malfunction in the operation of the Internet or seriously threatens the security of the users,
3. if at the time of filing of the application for the domain the Registrant met the criteria set forth in paragraph 1.1, the Registry shall not suspend the domain and shall not apply the sanction from the  paragraph 6.1 f) of the suspension only because due to a later circumstance the Registrant no longer complies with this specific clause of the Policy.

5.3  During suspension the technical service of domain registration is suspended, but the identity of the Registrant remains unchanged.

5.4  If the domain has been suspended pursuant to paragraph 5.1 d) 1, the registration will be revoked according to paragraph 6.1 c), except when  the Registrant proves within 15 days that the data provided in the application process was genuine. If the domain was suspended pursuant to paragraph 5.1 d) 2, then the provisions described in paragraph 12.8 shall be followed simultaneously with the suspension.

6.  Revocation and deletion of registration

6.1 The registration shall be revoked by the Registry if:

1. the Registrant waives its right to using  the domain by virtue of a statement notarised or included in a private document providing conclusive evidence and sent to the Registrar.
2. the application of a legal entity indicated as a Registrant in the Register for getting officially registered has been rejected on a final and binding basis,
3. the statements made, the documents presented or the data provided by the Registrant for the purpose to be identifiable at the time of application or transfer were not genuine,
4. the Administrative Contact Person attests beyond reasonable doubt that the Registrant has deceased or the legal entity has been dissolved without  any legal successor and that the right of using the domain has not been devolved upon another person,
5. the Registrar or the Registry enters into the Register that the contract for maintenance of registration has ceased to exist or it has been terminated by the  Registrar and no Registrar enters into the Register the fact of having entered into a contract with the Registrant for the maintenance of registration within 30 days,
6. suspension has taken place pursuant to  paragraph 5.2 and the reason for the suspension has not been eliminated within 45 days upon the beginning of suspension,
7. the Registrant has not ensured that the Register contains genuine and actual data relevant to their identification and contact addresses,
8. the  contract for application and/or for maintenance of registration, or the legal statement on accepting the Policy has turned out to be missing,
9. the enforceable decision, final and binding judgment of the court establishes the unlawfulness of the registration, the domain or  domain name choice or the use of the domain or it orders the registration to be revoked or prohibits the Registrant on a final and binding basis from the usage of the name or mark that identifies the domain name,
10. it is required by the decision of the Alternative Dispute Resolution Forum and the Domain Applicant fails to prove to the Alternative Dispute Resolution Forum within 30 days upon the date of delivery of the decision that it has applied to a court.
11. the Registrar or the Registry has recorded in the Register in accordance with paragraph 4.3 that the contract for maintenance of registration has ceased to exist and within 45 days no Registrar enters into the Register the fact of having entered into a contract for the maintenance of registration with a person who complies with paragraph 3.7 and encloses the necessary certifications.

6.2  The revocation of registration will be  followed by the deletion of registration. In case of the deletion of registration, the right of using the domain reverts to the Registry which releases it for a new application. The right to revoke or delete the registration can be exercised by the Registry only.

6.3  The deletion of registration shall be preceded by a moratorium of 30 days after revocation pursuant to paragraphs 6.1 d), e), f), g), h), k) during which period only the following persons have the right to file an application for the restoration of the domain name by enclosing the necessary certifications:

1. the registrant registered at the time of the revocation, or
2. the legal successor of the Registrant registered at the time of the revocation with respect to the right of using the domain, or
3. a person – who in case the Registrant has been deleted on a final and binding basis without a legal successor, the person described in point 3.7.

The conditions in paragraph 7.1 a)  must be  also applied to any person obtaining/reclaiming the right to use a domain pursuant to this paragraph 6.3.

If the domain is reinstated as provided for in this clause, the date of the domain name’s turn-around and the date of registration shall remain unchanged in the Registry, with the proviso that the application shall be considered a new application for the purposes of the payment of the fee.

During the moratorium, the domain will be published on the public parking list of domains waiting for deletion.

6.4  If the registration is revoked pursuant to paragraph 6.1. i) or j) and in order to protect the rights of a legal or natural person, the deletion of registration shall be followed by a moratorium of  60 days, during which an application for the released domain name may be submitted solely by the party that initiated the proceeding and whom rights has been protected by the revocation.

6.5 The registration shall only be revoked pursuant to paragraph 6.1. g) only after the Registry gets a notice or suspects that:

1. the e-mail or postal address of the registrant or the administrative contact person is invalid, or
2. the Registrant is not real or has died or has been dissolved,

a notification by recorded postal delivery to the Registrant or to the administrative contact person and to the Registrar of the Registrant concerned, requiring them to provide valid data bring no result or the registered postal delivery fails because the invalid contact data.

7.  Transfer of registration

7.1  The Registrant may transfer the right to use the domain to a new Domain Applicant, provided that:

1. The new Domain Applicant submits a request to a Registrar of his choice to maintain the domain in accordance with point 1.2.2, and with the contractual terms of that Registrar.
2. in some cases detailed in point 7.2, it is a mandatory condition of the transfer, in other cases it is an optional requirement that the new Domain Applicant submits the transfer statement of the transferring Registrant to the Registrar in the form of a fully authentic private or public document. The statement shall be transmitted electronically to the Registry by the Registrar. The different cases are detailed in the following subsections.
3. If the transferring Registrant has made a declaration of good faith in connection with the application for the domain, the new Domain Applicant shall also be obliged to make a declaration of good faith, if the Registry is of the opinion that the suspicion of deception exists in the case of the new Applicant as well. In this case, the new domain Applicant can submit only a document-based application for the transfer.

The transfer procedure begins with the application described in point a) at the Registrar. The transfer shall take effect on the date of the new registration. Upon entry into force, the registration maintenance agreement of the transferring Registrant will automatically terminate. Conditionally registered domains may not be transferred.

7.2 Different cases of transfer

7.2.1  Transfer when, in the case of a document-based registered domain, the new Applicant submits a document-based application:

1. In this case, the condition for the transfer is that the new Domain Applicant complies with point 7.1.b).
2. If there is a change in the person entitled to represent the transferring Registrant between the date of the transfer declaration and the initiation of the transfer procedure, the Registry is also entitled to request a declaration from the new representative approving the transfer.

7.2.2  Transfer, when in the case of a confirmation procedure-based egistered domain, the new Applicant submits a document-based application:

1. In this case, the transferring registrant authorises the transfer through a confirmation procedure. During the confirmation procedure, the transferring registrant has the option to reject the transfer.
2. The new Domain Applicant complies with point 7.1.b).
3. If the new domain Applicant complies with point 7.1.b) and the transferring registrant does not reject the transfer within 14 days in the confirmation procedure, the domain will be registered to the new domain Applicant.

7.2.3  Transfer, when, in the case of a document-based registered domain name, the new applicant submits a confirmation procedure-based application:

1. In this case, the condition for the transfer is  that the new Domain Applicant complies with point 7.1.b).

7.2.4 Transfer when, in the case of a confirmation procedure-based registered domain, the new applicant submits a confirmation procedure-based application:

1. In this case, the transferring registrant authorises the transfer through a confirmation procedure.
2. The new Domain Applicant may comply with point 7.1.b) for their own safety.

7.2.5  If, following a transfer, the former Domain Registrant claims that the transfer was made without his/her consent, he/she shall have 30 days to lodge a complaint with the Coherent Complaints Management System and reclaim his/her right to use the domain. In the Procedure, the Registry will request the new Registrant to submit relevant evidence of the legality of the transfer within 5 days and will register a transfer ban on the domain until the end of the procedure. The Registry will decide within 10 days on the affiliation of the domain. After the decision of the Registrar, the former or the new Registrant may request within 30 days that the procedure of the Registraiton Decision Maker be carried out in accordance with Section 10.6 of the Rules.

7.2.6  If, during a transfer process, the transferor authorises the transfer through a confirmation procedure, no further transfer of that domain may be initiated for 30 days thereafter.

7.2.7  The transfer does not affect the expiry date of the domain.

7.3 A court or the Alternative Dispute Resolution Forum may also decide to transfer the domain to a Complainant. The transfer of the domain may also take place in the case of such a decision or resolution only if the holder of the right to use the domain meets the conditions set out in section 7.1 a) and the decision or resolution is sent to the Registry by the Registrar or otherwise.

7.4  During an ongoing alternative dispute resolution or court proceeding involving a domain; the Registry will limit the transfer of the domain until the end of the proceedings  so that the domain can only be transferred for the benefit of the Complainant or claimant. The Registry, with the exception of those specified in Clause 8.2 does not verify the fact of the ongoing proceedings, it is the responsibility of the interested party to certify it to the Registry.

Chapter V: Legal disputes

8.  General Provisions

8.1  In the case of any disputes arising between the Domain Applicant and the Registrar in connection with conformity to the Policy, the resolution of the Registrar or if requested by the Registrar, the opinion of the Registry shall be applied. In case of  disputes arising between the Registrar and the Registry, the opinion of the Registry shall be applied.

8.2  The fact of legal dispute on a domain shall be entered by the Registry into the Register upon the request  by the party initiating the proceedure or on the basis of the court decision. In case of such requests, the transfer of the domain shall be restricted pursuant to paragraph 7.4.

8.3  The Alternative Dispute Resolution Forum’s proceedings are available for legal disputes concerning the applications and use of domains:

a) In disputes arising prior to the registration of the domain, the decision makers shall act within the procedure of the Domain Decision Maker.
b) For disputes arising after the registration of a domain name, the decision makers shall act in the framework of the procedure of the Registration Decision Makerh.
c) The Hotline Decision Making Forum shall be competent for disputes arising from unlawful content published under registered domain names.
d) The Legal Advisory Committee may take a decision in principle on the compliance of domain claims with the Rules. The resolution of principle shall contain general guidelines of a binding nature. The resolution of principle of the Legal Advisory Committee may be initiated by the Registry, the Presidency of the Association, any arbitrator or ex officio by the Legal Advisory Committee.

8.4  The Registry and the Registrar submit to the determination of the Alternative Dispute Resolution Forum and shall proceed accordingly in respect of the registration revocation  and transfer of domains already registered. Neither the Registry nor the Registrar shall be held responsible for executing the decisions of the Alternative Dispute Resolution Forum.

8.5   Following the decision made by the Alternative Dispute Resolution Forum, the court procedures initiated by the Registrant shall be started against the person (Complainant) who had initiated the alternative dispute resolution procedure. Neither the Registry, nor the organisation maintaining the Alternative Dispute Resolution Forum, nor the decision-maker participating in the procedure can change the decision. The Registry shall restore the status in case of an enforceable court decision affirming the claim of the Registrant.

8.6   The Registry and the Registrars may also have recourse to the Alternative Dispute Resolution Forum to resolve disputes with the Registrant concerning the registration, maintenance or use of a domain.

8.7 The application/use of a domain shall be in breach of the Domain Registration Rules, in particular if:

a) the domain name is, at the time of its application, identical with or confusingly similar to a name which, in favour of the complainant, is protected by an applicable Hungarian or Community law or
b) the domain name, at the time of its application, is identical to or confusingly similar to a name that the complainant is entitled to use based on a Hungarian or Community law,

and where:

c) the Complainee has applied for the domain name without having any right or legitimate interest in the name/designation; or
d) the Complainee has applied for the name in bad faith or is using the name in bad faith.

9. Settlement of legal disputes prior to registration (procedure by the Domain Decision Maker)

9.1 Any person who has a legitimate interest in establishing that the registration of a conditionally registered domain for a particular Domain Applicant is in breach of the Rules may initiate the Alternative Dispute Resolution Forum’s procedure of the Domain Decision Maker. During the procedure of the Domain Decision Maker, the decision makers shall decide whether or not the domain in question is registrable for the domain applicant concerned.

9.2 Essential Elements of the procedure of the Domain Decision Maker

a) Indication of the complaint:
The Complainant must indicate his/her intention to lodge a complaint through the Coherent Complaint Handling System within 8 days of the starting date of the publication of the domain name conditionally put into use and at the same time pay the initiation fee.

b) Filing the complaint:
Following the notification of the complaint, the Complainant may submit his/her complaint, stating the grounds for the complaint and paying the procedural fee, within 14 days from the date of publication of the domain name applied for. If the above deadlines are not met, the domain name will be automatically registered and no domain name arbitration procedure can be initiated.

The Complainant may, after having notified or submitted the complaint, decide whether to accept the procedure or to withdraw from the application for the domain name concerned. If he/she accepts the procedure, he/she is obliged to pay the procedure fee within 8 days of the date of receipt of the notification of the complaint.
The Alternative Dispute Resolution Forum will refund the procedure fee to the successful party.

9.3 Failure to comply with the time limit for initiating the procedure of the Domain Decision Maker shall not be construed as a waiver of any of the rights relating to the choice of the domain name and consent to the registration of the chosen domain name for the Domain Applicant.

9.4 If an application for a domain name is not granted because, in the opinion of the Registry, it does not comply with the provisions of the Rules and Regulations, the Registrar shall immediately notify the domain name applicant thereof, stating the reason. In such a case, the Domain Applicant may initiate the proceedings of the proceedur eof the Domain Decision Maker of the Alternative Dispute Resolution Forum by paying the procedural fee within 14 days of the refusal. If the deadline is not met, the application shall be automatically cancelled. If the Alternative Dispute Resolution Forum upholds the domain applicant’s complaint, the fee for the procedure shall be refunded to the Complainant and the fee shall be paid by the Registry.

9.5 The Registry and the Registrar shall submit to the decision of the Domain Decision Maker as to the compliance of the claims with the Rules and shall act in accordance with an grant or deny the registrarion claims on the basis of the provisions of the Rules.

9.6 If the conditionally registered domain is canceled based on the decision or due to the Domain Applicant’s withdrawal, only the Complainant is entitled to submit a new request for the given domain within 60 days from the date of cancellation, if he indicated his intention in this direction when submitting the complaint through the Coherent Complaints Handling System (CCH).

10. Settlement of legal disputes after the registration (Procedure of the Registration Decision Maker)

10.1  By submitting an application for a  registration of a domain and by maintaining the registration, the Registrant agrees to bound by the decisions of the Alternative Dispute Resolution Forum,  acting according to this Policy and according to other provisions for resolving disputes relating to the chosen domain name in case a complaint to this end has been submitted.

10.2  After the registration of a domain name, the revocation or transfer of the domain name from the Registrant may be initiated by the person who has the right to use the name by initiating the procedure of the Registration Decision Maker. At the same time as the complaint is lodged, the Complainant shall pay the procedural fee set out in the Rules of Procedure of the Alternative Dispute Resolution Forum.

10.3  The Alternative Dispute Resolution Forum shall order the revocation of the domain name registration or the transfer of the Complainant’s domain name for a fee (i.e. allow it to be claimed only by the Complainant for a limited period of time) if the application/use of the domain name is in violation of the Domain Registration Rules.

10.4  The detailed rules for the determination of legitimate interest in favour of the Complainee and of bad faith against the Complainee are set out in the Rules of Procedure of the Alternative Dispute Resolution Forum.

10.5  The Registrar and the Registry shall execute the decision of the procefure of the Registration Decision Maker in 30 days upon the receipt thereof. The execution of the decision shall be suspended by the Registrar and the Registry in the event the Defendant Registrant certifies during the deadline of 30 days after the notice of the decision ordering the revocation of transfer of the registered domain to the Complainant that the Registrant has instituted a legal action against the Inquirer in order to continue to use the domain. In case of failure to institute a legal action or of certification of initiation or in case of notice about a court decision that ends the proceedings on a final and binding basis and does not contradict the decision in merit, the decision shall be executed by the Registrar and the Registry.

10.6 The legal dispute specified in Section 7.2.5 shall commence upon the complaint submitted to the Alternative Dispute Resolution Forum. The dispute takes place between the former Registrant and the new Registrant as parties, and the request shall be submitted to the other party within the specified 30-day deadline specified via the Coherent Complaints Management System. The Complainee may submit its actual defence regarding the request sent to it within the 15 days specified. A decision shall be made within 30 days on the basis of the filings of the parties and the evidence submitted.

Chapter VI: Additional provisions

11. Requirements for the technical operability of the domains

The Domain Applicant or the Registrant shall ensure the fulfilment of the requirements regarding the technical operability as defined below and shall continue to do so during the maintenance of delegation on an ongoing basis:

11.1   At least two domain name servers, responding authoritatively to requests received at the TCP and UDP ports 53 shall have permanent  IPv4 or IPv6 Internet connection, be accessible and function on an ongoing basis.

11.2  At least two of the domain servers shall have permanent accessibility on the Internet network independently of each other on  IPv4 protocol.

11.3   The SOA record of the domain zone shall be syntactically correct.

12. Administrative contact person

12.1 The Domain Applicant or the Registrant shall appoint an administrative contact person to represent him or her in matters relating to the domain registration, delegation, maintenance and use of the domain.

12.2 The Domain Applicant or the Registrant shall be regarded as the administrative contact person unless they have disposed otherwise if they comply with paragraph 12.4. The Domain Applicant or the Registrant may appoint as an administrative contact person a legal person or an individual entrepreneur and is exclusively responsible for ensuring that this authorised person undertakes the consequences thereof. For individual entrepreneurs appointed as administrative contact persons, their respective tax numbers must be entered into the Register.

12.3 The Registrar shall be notified by the Registrant or the Administrative Contact of any change in the person or the particulars of the Administrative Contact Person. Neither the Registrar nor the Registry shall be liable for damage arising from the failure to notify the Registrar of the changes. Failure to report the changes may result in revoking the registration according to paragraph 6.1(g) of the Policy.
Domain Registration Policy 26/28 In force: from 01.04.2023.

12.4 The administrative contact must have a working e-mail address and a postal address in Hungary and be able to communicate in Hungarian.

12.5 Official notices and calls addressed to the Domain Applicant or the Registrant shall be sent to the Administrative Contact Person’s e-mail address or postal address entered in the Register. It is their own responsibility to update the addresses in the Register so that they are immediately informed of the notices and calls addressed there. Neither the Registrar nor the Registry shall be liable for damage arising out of the failure of notification if the administrative contact cannot be reached at the address entered in the Register.

12.6 Where the Administrative Contact Person is a natural person other than the registrant, and requests that their personal information to be deleted, the registrant shall ensure within 60 days a new Administrative Contact Person is appointed. The Registrar shall notify the Registrant to do so.

12.7 Where the Registrant fails to ensure that a new Administrative Contact Person is appointed within the given deadline, the Registrar shall, simultaneously notify the Registrant and enter the Registrant automatically into the Register as the new administrative contact person, provided he or she meets the requirements set forth in paragraph 12.4. Otherwise the Registrar will enter itself into the Register as administrative contact person. The Registrar shall notify the Registrant of the automatic entering of the new Administrative Contact Person.

12.8 Where the Registrant does not have a valid agreement for registration maintenance of a domain (for instance, was terminated by the Registrar or the Registrar ceased to exist, excluding cases set out in paragraph 6.3), the amendments specified in paragraph 12.7 shall be made by the Registry into the Register.

13. Other provisions

13.1  The Domain Applicant or the Registrant shall exempt and hold the Registry and/or the Registrar harmless from  any disputes, damages or claims arising out of any dispute, damage or claim relating to  the domain name registered for it or relating to the delegation and registration proceedings, to the choice, meaning or use of its domain name and to the lack of its consent to the controlling of the personal data of natural person appointed as administrative contact persons, and in any case, shall do its best to prevent the Registrar and the Registry from suffering any prejudice to their interests.  Neither the Registrar nor the Registry shall be held liable for compliance with the Policy, and for executing the decision of the alternative dispute resolution procedure, a final resolution as has been declared enforceable on a preliminary basis.

13.2  Communication between parties: during the domain registration procedures (e.g. application, modification, termination, transfer, etc.), the administration shall usually be performed electronically. Until the contrary is proved, notices sent by e-mail shall be deemed as received by the addressee. Responsibility for the authenticity of  documents sent electronically shall lie with the sender; the recipient is responsible for receiving at the e-mail address provided by the recipient. When confirmation in the framework of  confirmation procedure under this Policy, the legal statement shall be deemed as made. E-mails generated in the communication between the parties in connection with domain administration shall be considered an instrument in writing and authentic even without qualified electronic signature, as the contents thereof – until the contrary is proved – are identical to the original, without changes, having the grounds for reference thereto by any of the parties.

13.3  Contracts for application and registration and maintenance of registration can be entered into in a consolidated form too. Any of the agreement will be invalid without the legal statements made by the Domain Applicant or the Registrant with their agreeing to become familiar with the Privacy Statement to agree with, to accept and to be bound by the provisions of the Policy and shall such terms and conditions will be void as are in conflict the Policy. The Domain Applicant or the Registrant  shall retain the registration contract(s) and their electronic confirmation where the contract has been entered into electronically. The Registrar is  not obliged to enter into contracts where it does not intend to, therefore shall not be held liable if refuses entering into a contract on the registration or maintenance of a domain.

13.4   In the course of registration procedures (application, amendment, termination, transfer, etc.), the Registrar or the Registry may examine the entitlement or the personal identity of the concerned parties (domain applicant, registrant, transferring party, beneficiary, administrative contact person, etc.), based primarily:

a) for natural persons:

i) on a personal identity card,
ii) on a passport,
iii) on a permit  for domiciliation in Hungary,
iv) on a driving licence,
v) on an instrument certifying credibly the citizenship of a  European Union,  Council of Europe,  EEA or EFTA member state, or of a neighbouring country of Hungary,
vi) on birthdate.

b) for legal entities and individual entrepreneurs:

i) on the resolution, registration order by an authority  (public administration, public notary, chamber of commerce or court) evidencing beyond reasonable doubt the establishment, the entry in the Register or the registration of the legal entity, or the instrument officially evidencing the start of the procedure for entering in the Register or registering the entity  (a copy of the application with the court stamp of receipt),
ii) on the instrument evidencing the power of representation of the person making statements on behalf of the legal entity (e.g. a specimen signature or a sample signature  prepared by an attorney-at-law);
iii) on a document certifying the  tax number of an individual entrepreneur;

c) for beneficiaries of trademarks: on the instrument evidencing the protection of registered trademark;
d) on an electronic certificate.

13.5   Any legal entity registered or individual entrepreneur entered in the Register in Hungary may become a Registrar if entitled to carrying on activities defined in the Policy, having the human and physical abilities required for such activities and having a valid and effective franchise agreement with the Registry for performing Registrar activities.

13.6   If the Registrar has been dissolved or loses its rights to be a Registrar, it may be replaced by a new Registrar in the contracts, if this does not happen, instead of the old Registrar the Registry shall inform the Registrants of the domains maintained by the former Registrar about the termination of the contract on delegation maintenance and shall, instead of the former Registrar, enter this fact into the Register. Thereafter the procedure shall  continue  according to  paragraph 6.1 e).

13.7  Wherever Policy or Domain Registration Business Policy Guidelines  (or any  former name for the Policy), are mentioned in a contract or in any other instrument they  shall be understood to mean this Policy.

13.8  In case of previously registered domain names, the lawfulness of registration shall be assessed in according to the registration Policy in effect previously.

13.9  The Scientific Association of Council of Hungarian Internet Providers may create Technical  Procedural Policy for Registrars to specify the technical details of the processes covered in this Policy.

13.10  This Policy is governed by Hungarian law.

This Domain Registration Policy entered into force on 01.04.2023.

[i] The trademark database of the National Intellectual Property Office (E-RESEARCH) is available on 06-80-345678 or here.

The EU Trademark Office’s trademark database is available here or here.

[ii] The Network Usage Guidelines document is available here.

*Visible domain names appear shorter when contained accented characters, due to encoding (punycode).

*Visible domain names appear shorter when contained accented characters, due to encoding (punycode).

---

[i] Relevant links related to trademarks: http://epub.hpo.hu/e-kutatas/, https://oami.europa.eu/eSearch/, https://www.tmdn.org/tmview/

[ii] The Acceptable Use Policy can be found at: https://www.iszt.hu/app/uploads/2020/06/ISzT-AUP.pdf

*Visible domain names appear shorter when contain accented characters, due to encoding (punycode).