.PT Domain Registration Rules
NOTEThe rules for registration of domain names. Pt – legal deposit n. º 340473/12 - contain several references to FCCN, as the entity responsible for the management of the ccTLD.pt until May, 31, 2013. These rules will be adapted as soon as possible, by this date the reference to FCCN should be read as Associação DNS.PT.
.PT Domain Name Registration obeys legal, technical and administrative rules set out in specific Regulations with Legal Deposit No. 340473/12.
- The correct configuration and operation of the primary DNS server for the .pt DNS zone;
- The maintenance of a database of the registered domains, which is accessible via the Internet;
- The provision of statistical data on .pt domain registration;
- The operation of an autonomous entity with an advisory role – the DNS pt Advisory Council – whose aim is to involve noteworthy entities in the Internet field, in order to evaluate the service provided to the community and to draw up and interpret the rules for the Registration of Domains.
Conditions for registering .PT Domains
- For a domain to be assigned in the .pt zone it must be technically associated to a primary name server that is correctly installed and configured, in order to ensure an authoritative response to the domain being registered.
- Redundancy of the DNS service must also be ensured by simultaneously configuring one or more secondary servers, which should preferably be located in different buildings, not using the same local network.
- The servers should be configured in accordance with the parameter rules established in RFCs 819, 920, 874, 1032 to 1035 and 1101, as well as in any other current or future documents that are applicable in this context.
- The registration of domains simply for the purpose of reserving an associated name does not require any technical data.
How to Register
To register a .pt domain name, the interested party may:
- use one of the Registrars accredited by the FCCN, which are listed at www.dns.pt;
- carry out the registration on-line, at www.dns.pt, obeying the particular conditions for each hierarchy, in accordance with the sections within this chapter.
Activation and Validity
- The domain will become active following accumulated checking of the following conditions:
a) Registration in accordance with the technical and administrative conditions laid down in these regulations; b) Payment of the maintenance fee within the terms of article 35.
- If the correct technical information is not indicated or if it does not correspond to the authoritative server, the domain will remain in the "reserved" status and will not appear delegated in the .pt zone.
- Domain registration is valid for the period corresponding to its payment and will expire if there is no desire to renew it, pursuant to and for the purposes mentioned in Articles 35 and 36 of this Regulation.
- Registration will also no longer be valid should the domain be removed due to any reason arising from the application of this regulation, of the law or of a judicial or arbitral decision.
Responsible for the Domain
To register a domain the following contacts must be indicated:
- Registrant - Individual or corporate body that takes on the ownership of the domain.It is his responsibility to choose the domain name and assume complete responsibility for it.The holder may indicate an entity/person to administrate the registration/maintenance process, or choose to assume these tasks himself, by carrying out the user registration online.In the case of a corporate body, the full name of an individual to be contacted, when necessary, must also be indicated.
- Administrative contact - responsible for the administration of the domain registration/maintenance process.Therefore, you must provide and maintain up-to-date the data supplied at the time of registration, both for administrative/financial issues and for technical issues. The FCCN will not be responsible for any difficulty in making contact as a result of not up-to-date or incorrect contact details.The Administrative Contact may be an entity with registrar status with the FCCN, in accordance with the list available at www.dns.pt.
- Technical contact - Responsible for the technical administration of the DNS zone under the domain and for configuring the hosts in that same address namespace.This person must have technical knowledge and be available to receive and evaluate reports about problems and, when needed, take the necessary action to solve them.The technical contact will be duly notified of problems of a technical nature that arise from the domain registration/administration process.Apart from the information indicated in the registration, it must be possible to contact the technical contact through a mailbox specified in the "SOA resource record", which should therefore be active.
- Any matter related to the process for attributing or managing domain names must be directed to the contacts, using the channels indicated in the next paragraph.
- The .pt domain registration service should preferably be contacted by email to email@example.com or, alternatively by fax on 21 8440157, by telephone (blue line) 808 20 10 39, or from abroad +351 21 313 57 37 (working hours – weekdays, from 8 a.m. to 8 p.m.), or by post (DNS.PT, Apartado 50366, 1708-001 Lisboa).
- Matters of an administrative and/or financial nature will be dealt with directly and exclusively by the domain's administrative contact and those of a technical nature by the technical contact.
- FCCN will use electronic mail and SMS text messages as the preferred means of contact with the various people responsible for the domain and will only use other means when the former are not available.
- Notifications sent to the addresses and contact numbers indicated by the domain's Administrative Contact will always be deemed valid and delivered.
- To send any documentation to FCCN, namely that mentioned in point 3 of article 23, the channels mentioned therein should be used or, if this reference is missing, those indicated in paragraph 2 of article 6.
General Conditions for Composing Names
- Unless otherwise indicated, the domain name to be registered must have between 2 and 63 characters belonging to the following group:
- The domain name may also have special characters from the Portuguese alphabet, due to the use of IDN'S (Internationalized domain name), in accordance with the following table:
á à â ã ç é ê í ó ô õ ú
- In order to separate words, only the hyphen «-» is acceptable, which may not be used at the beginning or end of the domain name. Acceptable examples: cm-lisboa.pt, guarda-redes.com.pt.
- Conversions of characters not included in the previous points are also acceptable when these characters are part of basis for the domain name application, in the cases where this is compulsory by the terms of the Regulation. Thus, namely:
The character "&" could be converted into the character "e" or "and";
The character @ could be converted into the character "a";
- Numbers in words may be converted into its respective symbols and vice-versa.
Prohibited Domain Names
- Apart from the items prohibited for each .pt hierarchy, the domain name also may not:
a) Correspond to words or expressions contrary to law, public order or morality;
b) Correspond to any top level Internet domain name in existence or in the process of being created;
c) Correspond to names that would mislead or cause confusion about their ownership, namely, by coinciding with notorious or prestigious trademarks that belong to another;
d) Correspond to any protocols, applications or terms of the internet, as defined by the IETF (The Internet Engineer Task Force);
e) Contain two hyphens «--» in a row in the third and fourth position;
f) Correspond to a geographical name, except for registrations in the .com.pt second level domain, to which this prohibition is not applied, and directly under .pt within the terms of sub-paragraph b) of article 11;
- The same name may not be registered more than once in each hierarchy. The registrant of a .pt domain name guarantees that the registered name and its ownership do not conflict with established rights of others.
REGISTERING DOMAINS UNDER .PT
Domain names under .pt may be registered by all individual or corporate entities.
Composing the Domain Name
- Have between 3 and 63 characters belonging to the group listed in paragraphs 1 and 2 of article 8;
- In the case of geographic names, these can only be legitimately registered by the legaladministrative authority.§ The legal administrative authority is understood to be that which carries out the administration on a restricted geographical constituency, namely, the State over itsterritory, the Regional Governments over the territory of the Autonomous Regions, the local authorities regarding their respective administrative districts and local agencies and the local State bodies regarding the administrative area in which they carry out their responsibilities.
REGISTERING DOMAINS UNDER .GOV.PT
Composing the Domain Name
Domain names under .org.pt may be registered by non-profit organisations and individuals.
Composing the Domain Name
REGISTERING DOMAINS UNDER .EDU.PT
Public teaching establishments and owners of private and co-operative teaching establishments may register domain names under .edu.pt.
Composing the Domain Name
REGISTERING DOMAINS UNDER .COM.PT
Domain names under .com.pt may be registered by all individual and corporate entities.
Composing the Domain Name
OTHER TYPES OF REGISTRATION
Registrations based on criteria established by law
Monitoring and Immediate Removal
- It is FCCN's duty to assess and decide if registrations carried out comply with the standards set out in the present Regulation.
- FCCN ensures a rapid mechanism for monitoring the domain names registered in the .pt, .org.pt and .com.pt hierarchies, whereby it assesses their compliance with the domain name registration rules set out in this Regulation, namely their non-correspondence to words or expressions contrary to law, public order or morality, or that mislead or cause confusion about their ownership, or in the case of .pt, the legitimacy for registering geographical names;
- For the hierarchies not mentioned in the previous paragraph, FCCN may carry out an a posteriori control regarding the legitimacy, the basis for registration and in general terms, about the admissibility of the domain names, in order to monitor compliance with the present
- In the cases provided for in the previous paragraph and whenever FCCN deems it necessary, the administrative contact of the domain in question may be requested to present, within 2 working days, copies of the registration's support document(s).
- The registration of a domain will be removed immediately if, after the assessment has been carried out, failure to comply with any of the conditions provided for in the present regulation is confirmed.
- After the domain has been removed it will be available for registration by any interested party.
- In the case of domain name registration simply for the purpose of reserving that name, the maintenance of the process does not imply compliance with any technical conditions;
- In order that the delegation of a domain may be maintained in the .pt zone, the name servers indicated in the process must be guaranteed permanent access to the Internet, so that these can be consulted at any time, and the response of these servers regarding the domain name in question must be authoritative.
Providing and Updating Data - WHOIS Policy
- The registrant and the administrative contact of the domain name authorise the data regarding the domain, as well as its respective contacts, to be put into electronic format and disclosed on the Internet by FCCN, for consultation by the public in general, enabling the domain name to be associated with its registrant and administrative contact.
- The WHOIS policy and .PT Top Domain personal data processing obey the applicable legislation, namely legislation regarding personal data protection Law 67/98 – Law for the Protection of Personal Data and is an Attachment to this Regulation and an integral part of it.
- The holders of the data provided on the Internet by FCCN, have the right to access it and must update it whenever there is an occurrence that requires such an update.
- The holders of the data provided on the Internet can oppose to its disclosure, in which case they should inform the FCCN in writing of this intention.
- When registering the domain name it is possible to choose for it not to be disclosed on the DNS.PT website, in which case the FCCN must be informed of this intention, in writing.
- Registering a domain name implies the payment of a maintenance fee, in accordance with the table published on the website www.dns.pt.
- For the purpose of applying the maintenance fee to be paid, the date of the domain's submission or renewal on FCCN's database will be considered.
- The maintenance fee covers the costs of registration, management and maintenance of the domain.
- When the Administrative Contact of the domain is a Registrar, they are responsible for the payments.
- FCCN provides the necessary references for payment of the domain, in accordance with the method chosen for that purpose.
- FCCN issues the first invoice/receipt for the payment referred to in the previous point and makes it available to the Administrative Contact.
- FCCN duly informs the Administrative Contact in advance, by email or SMS, of the domain name's expiry date, and warns of the necessity for renewal through the mechanism available online at www.dns.pt
- Activating the renewal mechanism implies the payment and issue of an invoice/receipt for the period chosen at the time of renewal.
- If the renewal mechanism is not activated, it implies moving the domain to the "Pending Deleted" status for a maximum of 30 days, during which time it can only be reactivated in the registrant's name.
- If reactivation does not take place within the period mentioned in the previous point, the domain name will become free for registration.
- Invoicing to registrars is carried out in accordance with specific rules, agreed to by protocol with these entities, so the general rules do not apply.
- Unless otherwise declared during registration, it is understood that the person responsible for the payment of the domain name adheres to the system of electronic invoicing within the terms of the legislation in force.
Review of Prices
- At any time and without having to give any prior warning, FCCN may review the domain maintenance fees.
- The amount to be paid is the one that is in force on the invoice date, not implying any update of the fees, any additional charge or refunding to the registrant during the period covered by the payment.
Refund of amounts paid
- To make any changes to the data in the process, using the access credentials given at the time of registration, the respective contact should carry out the desired alterations on-line and these will be duly processed, except in the case of any irregularity;
- When changes are made to the primary and/or secondary servers, the previous Technical Contact should proceed to delete the respective configurations on the old servers in order to guarantee correct use of the domain;
- Changing the ownership of a domain depends on express request to FCCN by the new registrant, attaching the support documents that legitimise that transferral, when applicable. When authorised, the change will be made by FCCN that will inform the previous registrant. The domain name must continue to obey the same rules for composing the name foreseen for domains under .PT and second level domains of .PT.
- The FCCN will also proceed to change the Registrant of the domain whenever there is an arbitral or judicial decision to that intent.
Changing the domain name
After registering a domain name, it cannot be altered.
Removal by the registrant
- In order to remove a domain, using its access credentials, its Registrant or Administrative Contact must request this on-line, or alternatively, send a request to that effect, in writing, to the contacts indicated in article 6.
- Whenever removal is requested by the Administrative Contact, FCCN will inform the Registrant by email or SMS, and the Registrant may oppose this removal within 8 days from the referred notification.
- Removal of the domain does not confer the right to any reimbursement.
Removal by FCCN
- A domain is removed by FCCN when one of the following situations is brought to itsknowledge:a) Loss of the right to use the domain name, namely by an arbitral or judicial decision;b) Cessation of the Registrant's business, which is the basis for attributing the domain, inthe hierarchies in which that is applicable;c) Confirmation of that provided for in paragraph 4 of article 22;d) Insufficient or incorrect data is supplied, preventing FCCN from making contact withthose responsible for the domain;e) If false identification data of the domain contacts is detected, namely the respectiveVAT number;f) The domain renewal mechanism was not activated;g) The registrant does not oppose the Administrative Contact's intention to remove it, inaccordance with paragraph 2 of article 32.
- FCCN notifies the Registrant and the Administrative Contact, indicating the reasons for the removal of the domain, which will be effective 8 working days after sending the referred email, except in the foreseen case where removal is immediate.
- In the case of expiration, this will occur automatically and the notification set out in the preceding paragraph will not take place.
- For the cases provided for in paragraph 4 of article 22, removal is immediate, without the term set out in paragraph 1.
Suspension by FCCN
Reiterated Practice of Speculative and Abusive Registrations
- Whenever FCCN detects a registrant's reiterated practice of speculative and abusive domain name registrations, it can place the domain names in question in the "Pending Delete" status, and they will be suspended until FCCN decides to reactivate or definitively delete them;
- It will be considered that there is a reiterated practice of speculative and abusive domain name registration by a registrant, when a practice of hoarding domain names is verified or if these have been registered with the objective of disturbing third-parties' businesses or to attract Internet users, misleading or causing confusion about their ownership.
- FCCN notifies the Administrative Contact indicating the reasons leading to the suspension of the domains.
- The domains are suspended for a maximum period of 30 days, during which time the holders of previous rights can request their registration and FCCN will publish a list of this type of suspended domains on its Internet site www.dns.pt.
- At the end of the period referred to in the preceding paragraph, and in the case that the domain names are not legitimately claimed, FCCN will reactivate them in the name of the initial registrant.
The Responsability of the Domain Registrant
- The Registrant of a domain name assumes total responsibility for the choice of name requested and should ensure that it does not clash, namely with another's intellectual property rights or with any other rights or legitimate interests of third parties.
- On registering a domain, the registrant assumes the obligation to integrally observe the rules set forth in the present regulation and the law.
The Responsability of the FCCN
- As the legal entity for the registration and management of domains under .pt, FCCN promotes the correct maintenance of the domain name space from an administrative, legal, and technical aspect.
- The FCCN's contractual responsibility, namely that resulting from the alteration, expiration and removal processes of domains, is limited to the cases in which fraud or gross negligence occurs.
- It is the Advisory Council's duty, on its own initiative or on request by FCCN, to issue opinions and recommendations about the management of the .pt Internet name space, namely concerning:a) Evaluation of the service provided to the Internet community;b) Evolution of the rules for "Registering Domains under .pt".
- The Advisory Council may also be requested by FCCN to give its opinion on other matters related to registering and maintaining domains under .pt, namely regarding doubts or claims related to the application of the present regulation.
The mode of operation of the Advisory Council is subject to internal regulation.
Institutionalised Voluntary Arbitration
- In the case of dispute concerning domain names, the registrants of these can agree to turn to institutionalised voluntary arbitration, provided for and regulated in Law 63/2011 of the 14th of December.
- When registering a domain name, the registrant can agree to the arbitration convention with regard to the resolution of disputes over domain names, designating for that purpose, the Centro de Arbitragem para a Propriedade Industrial, Nomes de Domínio, Firmas eDenominações - Arbitrare (Arbitrare - Arbitration Centre for Industrial Property, Domain Names, Companies and Company Names).
- The arbitration procedure can be found in the Arbitration Centre's Regulations and in the legislation in force on the subject.
- The arbitration referred to in the preceding paragraphs applies to situations of noncompliance regarding a domain name and can be requested by any interested party:a) Against the registrant of the domain name that is the subject of arbitration; orb) Against the Registry (FCCN – Foundation for National Scientific Computation), fordeleting or accepting the registration of a domain name;
- In the arbitration process, whenever the applicant shows grounded fear that another is causing serious harm to his right, which will be difficult to set right, temporary suspension of the domain name in dispute can be requested, in order to ensure the effectiveness of the right under threat.
- The arbitration tribunal's decision that defers the injunction, indicating the reasons, is notified to FCCN, which will suspend the domain name, until the final decision of the arbitration proceedings.
Institutionalised Voluntary Arbitration Criteria
- In the case of the proceeding being proposed against the registrant of the registration whose domain name is the subject of arbitration, the decision that comes to settle the present disputes may amount to the initial situation being maintained or to the deletion and/or transferral of the domain name ownership.
- For the purpose of that provided for in the preceding paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the following cumulative provisions:
a) The domain name coincides with, is identical to or susceptible to causing confusion with a name or designation protected within the terms of the legal arrangements in force in favour of the claimant of the arbitration proceedings;
b) The domain name was registered without being based on any rights or legitimate interests previously acquired by its registrant;
c) The domain name is registered or being used in bad faith. Sole Paragraph: for the purpose of verifying the existence of bad faith, the following facts or circumstances, among others, may be used as evidence: the domain name was registered or acquired with a view to later selling it to the claimant; the domain name was registered expressly in order to disturb the claimant's professional business; the domain name was used intentionally, in the pursuit of commercial gain, to attract Internet users to the claimant's website; the domain name is made up of one or more first names or of the combination of a first name and the claimant's surname.
- In the case of the proceeding being proposed against the Registry (FCNN – Foundation for National Scientific Computation), the decision that comes to settle the present disputes may consist of FCCN being obliged to delete a domain name that was unduly accepted or toaccept the registration of a domain name that was unduly refused.
- For the purpose of that provided for in the preceding paragraph, the arbitrator should proceed to analyse, evaluate and verify compliance with the legal arrangements and regulations regarding the composition of domain names, namely if there is a violation of the rules which prohibit the .pt domain name being the same as words or expressions contrary to law, public order or morality, as any top Internet domain name in existence or in the process of being created, or as a geographical name whose ownership does not come under the legaladministrative authority for that registration. The domain name in .pt and its second level domains must also meet the rules for the legitimacy and basis for registration set out in the Regulation, for each case.
- The present regulation applies as from 1st March, 2012.
- The rules resulting from the present revision do not apply to processes which are pending at the time of it entering into force.
- No alteration to any point in the rules can affect the registration of a domain carried out within the scope of the previous rules.
- New registrations will not be accepted in the following hierarchies: .net.pt; .publ.pt; .int.pt e .nome.pt".
- Domains registered in the hierarchies identified in the preceding paragraph, under previous regulations, will remain unchanged.
"Sun Rise" Period
- In order for holders of previously constituted rights, namely public organisms, companies, company names, trademarks, names of establishments, logotypes, author copyright, professional , literary or artistic names, for the first 60 days after the present Regulations come into force ("Sun Rise" period), only domain names which obey that outlined in the following paragraph may be registered directly under .pt.
- The domain name registered during the Sun Rise period indicated in the previous paragraph must coincide:a) Fully with the sign in the title which serves as the basis for the prior right;b) In the case of names of public organisms and the names and companies of corporate bodies, the domain name may fully coincide with these or their abbreviations or acronyms as long as they are in the title which serves as a basis for the prior right.
- To guarantee conformity with the contents of this article, for registrations directly under .pt, during this period FCCN will apply that provided for in article 22.
- At the end of the period foreseen in paragraph 1, the rules for registering domain names under .pt foreseen in these regulations will come into force without restrictions.
- if instructions have been received from a judicial authority, within its line of duty;
- on request by ARBITRARE – Arbitration Centre for the Resolution of Disputes concerning Industrial Property, Domain Names, Companies and Company Names, chapter VII;
- as set out in paragraph 2 (WHOIS search function) of the present document.
- full name of the Registrant;
- full name of the Administrative Contact (Registrar);
- full name of the Technical Contact;
- addresses of all the contacts
- e-mail addresses of all the contacts;
- VAT number of the Administrative Contact (Registrar)
- telephone numbers of all the contacts;
- fax numbers (optional) of all the contacts;
- choice made regarding Institutionalised Voluntary Arbitration.
Any other information collected will only be maintained for internal use, in compliance with paragraph 1.2. This information will not be disclosed to third-parties, except as provided for in 1.1.
- searches are limited to a single criteria, the domain. It is therefore not possible to search for example by: name, e-mail address, address nor by fax or telephone.
- abusive use of the Whois service is not permitted, based on the volume of queries per origin (IP address). Data will be maintained on all Whois queries in order to make it possible to detect and act upon situations revealing excessive use;
- abusive use of the Whois service is understood to be a maximum of 1,000 queries within a period of 24 hours, per origin (IP address);
- when there is excessive use, the Whois service for the IP address of origin through which the abusive use was perpetuated may be suspended;
- suspension will be prolonged for a further 24 hours, for each successive episode;
- queries on domains outside the scope of the .PT Registration Service (for example .com) are automatically excluded. In such cases, the Whois service responds indicating an invalid search, without carrying out any further search