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01.07.2009 |
Domain Name Dispute Resolution Policy of TLD ".lv"
1. To follow the best practices, the dispute resolution in ".lv" domain and its generic subdomains, except minor differences listed below, is considered to be the same as Uniform Domain Name Resolution Policy adopted by ICANN for Top Level Domains ".com", ".net", ".org". Below differences follow the current ICANN and IANA recommendations for ccTLDs as described in RFC1591 and IANA TLD Delegation Practices Document or ICP-1 as well as the best practice from the other ccTLDs.
2. TLD ".lv" is a national TLD for Republic of Latvia, therefore the applicants related to Latvia (e.g. located in Latvia) will be given priority, although applications from anywhere else will be processed in recognition of the truly global nature of the Internet. Applicant may be a legal organisation or a private person.
3. Full and short Names of organisations and companies registered in the Enterprise Registry of the Republic of Latvia, and Trade Marks registered in the Patent Office of the Republic of Latvia (this regulation applies only to fully registered Trade Marks) may be registered as domain names only by their legal owners.
Among claimants of equal rights the first option belongs to the first applicant. The juridical or physical person enjoying the first option for a particular domain name can disclaim this right in favor of another person. The surrender shall be executed in a written form and submitted to the Registry.
4. It is the responsibility of the Registrant to verify that the chosen domain name at the moment of registration does not violate regulation in section 3. Domain name registration may be cancelled any time, if the evidence is received that this regulation was violated at the moment of domain name registration. No fees are returned in this case. The Registrant will be invited to choose another domain name instead not violating this regulation.
5. Registrant is responsible for the selection of its own domain name ("Domain Name") and is solely responsible for the name which it has registered and any disputes which may rise from it. The Registrant, by completing and submitting its application, represents that the statements in its application are true and that the registration of the selected Domain Name, to the best of the Registrant's knowledge, does not interfere with or infringe upon the rights of any third party.
6. In order to reduce the possibility of disputes after the domain name has been registered, Registry reserves the right to refuse registration of a Domain Name or request additional proofs during registration in the following cases:
a) If the domain name is a Trade Mark, Service Mark, or well known Organisation Name, or common abbreviation of that.
b) If the domain name is a name of geographic location or object. An exception regarding geographic location names are local municipalities of Latvia, which are allowed to register their name as a domain name (e.g. 'Dobeles pilsetas dome' may register domain dobele.lv).
c) If the domain name is a person name.
d) If the domain name is a well-known name or common word, which is likely to be of interest to some other party.
e) If the domain name is an offensive word or expression.
7. While Administrative dispute resolution service (Administrative Panel reffered to in ICANN Uniform Domain Name Dispute Resolution Policy) for domain name disputes is not established in Latvia, all disputes regarding already assigned domain names are to be resolved in Court or Arbitration Institution in Republic of Latvia directly between the current owner of the domain name and the contesting party without involvement of the Registry.
DISCLAIMER. REGISTRANT AGREES THAT REGISTRY WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRY'S MAXIMUM LIABILITY UNDER THESE POLICY GUIDELINES EXCEED FIVE HUNDRED ($500.00) US DOLLARS.

