Rules & Procedures
for the handling of complaints in application of the Code of Conduct for .BE registrars.

1. Submission of the complaint

Complaints against .be registrars that have subscribed to the code of conduct can be submitted to the secretariat of the complaints commission. The secretariat is operated by DNS BE vzw. Complaints are to be addressed to DNS BE vzw, Secretariat COC, Koning Leopold I straat 1, Bus 2, 3000 Leuven, or sent to the e-mail address .
A complaint is complete only if the dossier contains the following elements:
name, address, telephone number, fax number, and e-mail address of the submitter of the complaint;
identification of the registrar that has committed the alleged violation(s);
indication of the domain name(s) that may constitute the object of the complaint;
indication of the specific stipulations of the code of conduct that have presumably been violated;
description of the circumstances that led to the alleged violation of the indicated stipulations of the code of conduct;
all relevant documents and information that can provide proof of the alleged violation(s).
2. Introduction of the complaint

After reception of the complaint, the secretariat will examine it for admissibility and completeness within 7 days.
If the secretariat concludes that the complaint is inadmissible, the submitter of the complaint will be informed thereof. If a complaint is deemed inadmissible, the initiated procedure immediately terminates.
A complaint is inadmissible if it is directed against a person or organization that is not a .be registrar or that has not subscribed to the code of conduct or if the complaint cannot be linked to a violation of one or more specific stipulations of the code of conduct.
If the secretariat concludes that the complaint is incomplete, the submitter of the complaint will be informed of the lacking elements and invited to complete the complaint. The submitter of the complaint has 7 days to complete the submitted complaint. If it has not been completed within this period of time, the procedure is considered terminated.
3. Notifications

As soon as the secretariat concludes that the complaint is admissible and complete, it shall inform the submitter of the complaint thereof and state that the merits of the complaint will be investigated.
The secretariat will then inform the registrar who allegedly committed the violation(s) of the existence and the content of the complaint.
At the same time, it will invite the registrar to submit reactions to and counterarguments, if any, against the complaint(s). The registrar has a period of 7 days to transmit them to the secretariat.
4. Language and place of the procedure

The notifications to the submitter of the complaint are made in Dutch, French, or English, depending on the language used for the introduction of the original complaint.
The notifications to the registrar involved are made in Dutch, French, or English, for as far as possible based on the language in which his agreement with DNS BE vzw is drawn up.
If the languages of the parties involved are not the same, the secretariat may decide to have certain documents translated in whole or in part.
The place of the procedure is the headquarters of DNS BE vzw.
5. Investigation of the complaint

The secretariat will investigate the submitted complaint and judges its merits. In doing so, it will take into consideration all of the documents added by the submitter of the complaint as well as any reaction of the registrar involved.
The secretariat will also test the merits of the reported violations on the basis of internal data available at DNS BE vzw.
After the investigation of the merits, the secretariat will prepare a recommendation for the complaints commission. The investigation of the complaint and the preparation of the recommendation will be done within a period of 1 month after the sending of the notification indicated in 3.1.
The secretariat will send the recommendation to the members of the complaints commission, the submitter of the complaint, and the registrar involved. The last two parties have a period of 14 days to inform the secretariat of any comments they may have and to reply to the recommendation, which responses will be added to the dossier.
6. Investigation by the complaints commission

When the investigation of a complaint by the secretariat is completed and the period specified in 5.4 has expired, the dossier can be submitted to the complaints commission for judgment.
The secretariat will contact the members of the complaints commission by e-mail and propose a date on which the dossier can be examined by the commission. However, the commission can be convened at most once a month.
The secretariat will send the invitation and the agenda for the meeting of the commission by e-mail. The secretariat will also transmit a copy of the dossiers to be dealt with at the meeting to the members of the commission.
As soon as a meeting of the commission is set for dealing with a specific complaint, the secretariat shall inform the submitter of the complaint and the registrar concerned thereof. At the same time, it will invite these parties to the meeting so they can provide explanations orally if they so desire.
During the meeting of the commission, the secretariat will report on the complaint to be dealt with and then the opportunity will be offered to the submitter of the complaint and to the registrar concerned to avail themselves of their right to be heard. Then the commission will deliberate over the action to be taken as regards the submitted complaint and insofar as it is declared to have merit, what sanction should be imposed on the offending registrar.
The failure of the concerned registrar to participate in the procedure or his refusal to appear at the session of the commission in no way prevents it from pronouncing on the submitted complaint.
The decision of the commission is established in writing, signed by the chairman and the secretary, and communicated to the submitter of the complaint, the registrar involved, and the Board of Directors of DNS BE.
If the decision of the commission involves temporary or permanent withdrawal of the code of conduct label from the registrar, the Board of Directors of DNS BE must confirm it before it takes effect. If the Board of Directors of DNS BE refuses this confirmation, it must provide another sanction in its stead.
If the decision of the commission involves a positive action on the part of the offending registrar, this registrar has a period of 7 days counting from the notification of the decision to carry it out. If the registrar does not comply with the decision on time, the Board of Directors of DNS BE will be informed of the refusal of the registrar involved to execute the decision and can officially decide to withdraw the code of conduct label of the registrar definitively.
7. Composition and quorum of the complaints commission

The complaints commission is composed of 9 representatives of the registrars and 2 representatives of DNS BE. The representatives of the registrars are elected from the registrars who have subscribed to the code of conduct. The representatives of DNS BE are appointed directly by DNS BE itself.
In addition, from among the registrars who have subscribed to the code of conduct, 9 reserve members will be elected to supplement the original representatives of the registrars. The reserve members are called to serve as members of the commission in the cases intended in 7.8, 7.10, and 7.11.
The term of office of the elected members and reserve members of the commission is 2 years and is renewable. The position is unpaid but the members and reserve members will be awarded an allowance to cover for the expenses made in order to attend the meetings of the commission.
Registrars who have subscribed to the code of conduct can put forward their candidacy for the function of member of the commission. DNS BE will provide a place on its website where candidate members may present themselves. The election of the members and the reserve members of the commission will take place at a meeting that DNS BE will organize for the registrars when appropriate. Additional information on the elections such as when they will be held, the procedures for nomination, the manner of voting, and the submission of proxies, will be published in a timely manner on the website of DNS BE and announced by e-mail and in the newsletters for registrars.
Contrary to 7.4, an interim commission will be composed as soon as the code of conduct takes effect. DNS BE will appoint the members and the reserve members of this interim commission who will represent the registrars after a public call for candidates. The selection of the members and reserve members will be made in function of the diversity of the existing registrars. The exact criteria and procedures for the appointment of the members and reserve members will be published on the website of DNS BE and will be communicated by e-mail to all the registrars. This interim commission will handle the complaints that are submitted between the time at which the code of conduct takes effect and the first election of the complaints commission intended in 7.1. As soon as the complaints commission is able to take over the evaluation of the complaints, the interim commission will be dissolved.
DNS BE chairs the commission and the meetings will be held at places indicated by DNS BE.
To deliberate validly, at least 4 representatives of the registrars and 1 representative of DNS BE must be present in the commission. If this quorum is not obtained, the dossiers to be dealt with are referred to a subsequent meeting.
If a complaint is submitted against a registrar who was elected to the commission, then he or she is suspended from the commission for the period of time between the submission of the complaint and its handling by the commission and replaced by a reserve member.
If a complaint is submitted against a registrar who was elected reserve member of the commission then he/she is suspended as reserve member of the commission for the period of time between the submission of the complaint and the handling thereof by the commission. He/she cannot be called to replace a commission member during this period.
If a member of the commission cannot attend a meeting and has informed the secretariat thereof, the secretariat will call a reserve member to replace the absent representative. If a member of the commission is absent for two successive meetings without a legitimate reason or without informing the secretariat in a timely manner thereof, then he/she is suspended and replaced by a reserve member for the remainder of his/her term.
If a member of the commission resigns from his or her function and cannot be replaced by another staff member of the registrar concerned, then he/she is replaced by a reserve member for the remainder of his/her term.
8. Appeals procedure

The decisions of the complaints commission are subject to appeal in conformity with the modalities provided for in 8.11 and 8.12 to the Board of Directors of DNS BE by both the submitter of the original complaint and by the registrar against whom the complaint was made.
The appeals procedure must be commenced at the latest 1 month after the notification of the original decision of the complaints commission. The appellant shall address his request to the secretariat of the complaints commission indicated in 1.1.
The petition of the appellant must contain the following elements:
name, address, telephone and telefax number, and e-mail address of the submitter of the petition;
clear indication of the references of the dossier that is at the basis of the appeals procedure;
all new documents and information that could affect the evaluation of the dossier being appealed.
After receipt of the petition, the secretariat will examine it for completeness within 7 days. If the secretariat concludes that the petition is incomplete, it will inform the appellant of the missing elements and invite the appellant to complete the petition. The appellant has a period of 7 days to complete the petition. Failing the completion within the stipulated period, the appeals procedure is deemed to have been terminated.
As soon as the petition is complete, the secretariat will inform the appellant thereof, and it will inform the respondent and the Board of Directors of DNS BE of the pending appeals procedure. At the same time, the secretariat shall request the respondent to transmit any reactions and arguments within 7 days after the notification.
After the completion of the period indicated in 8.5 above, the secretariat will transmit the dossier and any additional documents to the Chairman of the Board of Directors of DNS BE for further action.
The Board of Directors will deal with the dossier at its next meeting if it is held at least 7 days after the transmission of the documents by the secretariat. Otherwise, the Board of Directors will deal with it at its following meeting.
The appellant and the respondent are invited in writing to appear at the meeting of the Board of Directors in order to be able to exercise their right to be heard.
After hearing an introductory report by the secretariat and comments, if any, from the summoned parties, the Board of Directors will evaluate the dossier and deliberate to determine whether there are sufficient arguments present to alter the initial decision.
The failure of one or both parties to appear or the absence of new information or documents will not prevent the Board of Directors from pronouncing its judgment.
If the original decision did not involve the temporary or definitive withdrawal of the code of conduct label of the registrar, the dossier is evaluated only by the permanent members of the Board of Directors of DNS BE.
If the original decision involved the temporary or definitive withdrawal of the code of conduct label of the registrar, the dossier is evaluated by the permanent members of the Board of Directors of DNS BE and by the advisors appointed by this Board.
The decision of the Board of Directors is established in writing and signed by the Chairman of the Board of Directors. The secretariat will then inform appellant and the respondent thereof.
If the decision of the Board of Directors confirms that the registrar concerned has violated the code of conduct and refuses to execute the decision on appeal, the Board of Directors can decide to definitively withdraw the code of conduct label of the registrar.
9. Advisory procedure

Anyone who wishes to obtain advice about a specific interpretation that must be given to one or more stipulations of the code of conduct may submit a question to this effect to the secretariat of the complaints commission indicated in 1.1.
The secretariat shall investigate the question and formulate a draft reply within 14 days after receipt of the question. The draft reply is sent by e-mail to the members of the commission.
If the members of the commission formulate no particular comments within 7 days after the sending of the draft reply, the secretariat will send this draft reply to the person who submitted the question.
If one or more members of the commission have particular comments regarding the draft reply, an attempt will be made to achieve consensus by e-mail. If a consensus is achieved, then this reply is sent to the person who submitted the question.
If the commission does not succeed in reaching a consensus, the question is then dealt with at the next meeting of the commission. The position that is preferred at this meeting will then be transmitted as a reply to the person who submitted the question.

Terms and Conditions v4.2

This text is also available in pdf-format from the library.

Terms and conditions for domain name registrations under the ".be" domain operated by DNS.be

Version 4.2 – 15 January 2009

1. Definitions

"DNS.be" means the Belgian non profit organisation DNS Belgium vzw, Belgische vereniging voor Internetdomeinregistratie, situated at 3001 Leuven, Ubicenter, Philipssite 5, box 13, and with enterprise number BE046618640, administrator of the ".be" domain;
"the registrar" means the undertaking that enters into a non-exclusive registrar agreement with DNS.be and obtains from DNS.be the right to apply for the registration and renewal of domain names under the ".be" domain on behalf of its clients but for its own account;
"the domain name holder" means the person having obtained or having applied for the registration of a particular name in the ".be" domain;
"the consumer" means each private person or legal entity who is, exclusively for a non professional objective, domain name holder.

2. Acceptable domain names

DNS.be will not accept the following domain names for registration :

Names that are already registered ("first come, first served" -principle), names in quarantine, names that are put "out-of-support" or on hold.
Names that consist of characters other than "a-z", "A-Z", "0-9" and "-", or that start or end with "-" (as recommended in RFC 1035, published on the web site of DNS.be).
Names of less than two (2) or more than sixty-three (63) characters.
Names with "-" on the third and the fourth position.

Names will be registered for the person whose application is completed first, notwithstanding earlier applications for those names that are not yet complete. An application is complete when it is received by the DNS.be computer system (not when it was sent), and when it contains all the data required by DNS.be.

The refusal to register a domain name does not create any rights (priority rights or other) for the applicant. The applicant may file a new application, in competition with anybody else, if that name later becomes available to the public.

3. Right of use

a) After the registrar completes the registration process and pays the registration fees, the domain name holder is granted the exclusive right to use the domain name applied for.

b) The right of use is valid for one year and is renewable as far as the registration fee has been settled.

c) A domain name is put on hold if DNS.be is notified that legal proceedings, whether within or outside the scope of a court of law, are in progress over that name. A domain name that is on hold cannot be transferred or deleted, nor can the details of the domain name holder be modified. The domain name holder can, however, still use his domain name.

d) DNS.be may terminate the registration if the domain name holder breaches any of the terms and conditions of the domain name registration. In case of a breach of the terms and conditions, DNS.be can send a reminder by e-mail to both the registrar and the domain name holder informing them that the registration will be terminated if the breach is not remedied within 14 days.

e) After termination of the registration for reasons outside the scope of item d) of this article, the concerned domain name shall be placed in quarantine for forty (40) days. During this period the registrar can restore the domain name to its original status at the request of the domain name holder provided that a reactivation fee is paid. At the end of this period the concerned domain name can be made available again for registration provided that it has not been reactivated.

f) A domain name is labelled "out-of-support" in case the registrar contract with DNS.be is terminated and DNS.be has asked the domain name holders to find a new registrar.

4. Fees and payment

a) The domain name holder is aware that the registrar acting on his behalf must pay the initial registration fee and the renewal fee according to the agreement between the registrar and DNS.be.

b) The registrar has access to the computer system of DNS.be in order to verify the status and expiration date of the domain names that he manages. The registrar is responsible for the timely information of the domain name holder that the registration of his domain names is due to be renewed.

c) DNS.be is not responsible for the registrar's non-payment of registration or renewal fees, which may result in the non-registration or cancellation of a domain name (even if the domain name holder has paid the registrar).

5. Obligation to have a working e-mail address

The domain name holder must have a working e-mail address, which is inserted in the DNS.be data base. DNS.be and the domain name holder must use this e-mail address for official communication between them, and the domain name holder must keep the address up-to-date through his registrar. If the e-mail address is not kept up-to-date, the domain name holder is in breach of these terms and conditions and DNS.be may terminate the registration as provided in article 3 above.

6. Agreement between domain name holder and registrar

a) The registration and renewal process with DNS.be can only be conducted by the domain name holder through an authorised registrar, who is acting on behalf of the domain name holder but for its own account. DNS.be must make available on its web site a list of the authorised registrars, and a copy of the typical agreement between DNS.be and the registrar. DNS.be is not a party to the agreement between the domain name holder and his registrar incurs no obligation or liability from that agreement.

b) If a registrar is no longer an authorised registrar because the agreement with DNS.be is terminated, DNS.be must send an e-mail to the domain name holders informing them that their domain name is put "out-of-support" and asking them to appoint another registrar within one month. If the domain name holder does not appoint another registrar within one month, the registration agreement between DNS.be and the domain name holder will be terminated at the end of its term with no possibility of renewal. The domain name holder's domain name will remain "out-of-support" until the later of three months after DNS.be sent the notice-mail to the domain name holder, or two months after the registration was terminated.

While the domain name is "out-of-support" the domain name holder may appoint another registrar who may send a request, including its reasons, to DNS.be to become the new registrar of the domain name holder and restore the registration if terminated.

c) If a domain name holder terminates the agreement with his registrar, he must at the same time designate a new registrar who must inform DNS.be of the proposed change of registrar. After the reception of the transfer request made by the new registrar, DNS.be will inform the domain name holder of the proposed change by e-mail. This e-mail will contain a code which will permit the domain name holder to confirm or to reject the transfer via the website of DNS.be. The domain name holder must bring in his confirmation or rejection via the website of DNS.be within 7 days following the e-mail from DNS.be. If the domain name holder does not respond within 7 days, DNS.be must send a reminder by e-mail to the new registrar informing him that the transfer will only take effect if the domain name holder confirms the change to DNS.be by a duly undersigned fax message within 7 days following the reminder by e-mail. In absence of confirmation within 7 days, the initiated transfer will be cancelled.

c) When a domain name holder wants to transfer a domain name to a third party, the latter must ask his registrar to start the procedure described in item c) of this article with the exception that the domain name holder and the third party must confirm the proposed change via the website or fax.

e) The successful execution of the procedures described in items c) and d) of this article means that a new registration period is started for the concerned domain names and implies payment of the original registration fee as specified in article 4 a). No reimbursement of fees paid for the initial registration period shall be made.

7. Privacy policy

a) The domain name holder authorises DNS.be to process personal and other data required to operate the ".be" domain name system. DNS.be shall only use these data within the framework of the management of the .be domain name zone and related services. DNS.be may only transfer these data to third parties if ordered to do so by the public authorities (local or national, judicial or administrative), upon demand of the dispute resolution entity mentioned in article 10 or as provided in paragraph (c) of this article. The domain name holder has the right to access his personal data and to arrange for it to be amended, where errors exist.

b) The domain name holder must keep DNS.be immediately informed through the registrar of any change in name, address, e-mail address, telephone and fax numbers. An omission or delay in informing DNS.be of such changes may result in the termination of the registration.

c) The domain name holder authorises DNS.be to make the following personal data accessible on its website (through the so called WHOIS-search facility) - along with some other technical data - to guarantee the transparency of the domain name system towards the public:

name, address and telephone and fax number of domain name holder;
date of registration and status of the domain name;
e-mail address of domain name holder;
language chosen for the dispute resolution set out in article 10.

The domain name holder also authorises DNS.be to transfer these data to third parties within the scope of domain name information or monitoring services.

In exception to the two previous paragraphs, the name, address, telephone and fax numbers of the domain name holder will not be accessible on the website (through WHOIS search facility) nor be transferred to third parties if the domain name holder is a private person.

Third parties that want to know the personal data of a private domain name holder and that have legitimate reasons for such a disclosure, can send a motivated request to DNS.be. DNS.be will evaluate the invoked legitimacy for the disclosure and take a decision whether or not to communicate the requested data.

8. Representations and warranties

a) The domain name holder represents and warrants that:

all statements made during the registration process and the term of the registration are complete and accurate;
registering the domain name will not infringe or otherwise violate the rights of a third party;
the domain name is not registered for an unlawful purpose;
the domain name is not used in violation of any applicable laws or regulations, such as a name that helps to discriminate on the basis of race, language, sex, religion or political view;
the domain name is not contrary to public order or morality (e.g. obscene or offensive names);

b) DNS.be is not liable for any damage, including direct or indirect damage, consequential damage and loss of profits, whether in contract, tort (including negligence), or otherwise, resulting from or related to the registration or use of a domain name or to the use of its software or web site, even if DNS.be has been advised of the possibility of such damage, e.g. regarding :

registration or renewal (or the default of registration or renewal) of a domain name in favour of a domain name holder or a third party due to an error concerning their identity;
termination of DNS.be's authority to register domain names in the ".be" domain;
rights that third parties claim to domain names;
technical problems or faults;
acts or omissions of the registrars regarding the application, registration or renewal of domain names which may result in the non-registration or cancellation of a domain name.

Point 4, however, does not apply when the domain name holder is a consumer.

DNS.be will use its best efforts to provide its services according to the "best practices" standards adopted and approved in national or international context.

The domain name holder must indemnify DNS.be against any claim (and the resulting costs, including attorneys' fees) originating from the use or registration of a domain name that infringes the rights of a third party.

Disputes between DNS.be and the domain name holder must be brought before the courts of Brussels who will have exclusive jurisdiction, and must be governed and interpreted in accordance with the laws of Belgium, unless the consumer has the legal right to bring the dispute before another court or to have it governed in accordance to other law.

9. Change of terms and conditions

a) The rules of the domain name registration procedure are dynamic and subject to change.

b) If DNS.be decides to change its rules, it will make the new rules available to the public by posting them on its web site at least thirty (30) days before the new rules take effect. Each registration procedure will be handled according to the rules in effect on the date the application is complete.

c) As a deviation of the previous rule, DNS.be can modify the technical registration rules of article 2 without the application of the mentioned minimum delay of thirty (30) days. Such modifications will take effect from the moment of their announcement on the website of DNS.be. DNS.be can only make use of this specific procedure as far as those modifications seem justified within the national or international technical context and as far as they are intended to prevent registrations of speculative nature.

d) DNS.be will not personally inform domain name holders, whose domain names have been rejected in the past, that new rules apply, even if the rejected names would be allowed under the new rules.

10. Dispute resolution policy

a) Dispute resolution. The domain name holder must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited Dispute Resolution Entity. The domain name holder accepts that those proceedings must be conducted before one of the accredited Dispute Resolution Entities listed at the web site of DNS.be. The procedure will be conducted in the language chosen by the domain name holder during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.

b) Applicable disputes.

The domain name holder must submit a dispute to alternative dispute resolution proceedings if a third party (a "Complainant") asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that :
the domain name holder's domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
the domain name holder has no rights or legitimate interests in the domain name; and
the domain name holder's domain name has been registered or is being used in bad faith.
The evidence of such in bad faith registration or use of a domain name can inter alia be demonstrated by the following circumstances:
circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
the domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that the domain name holder has engaged in a pattern of such conduct; or
the domain name was registered primarily for the purpose of disrupting the business of a competitor; or
the domain name was intentionally used to attract, for commercial gain, Internet users to the domain name holder's web site or other on-line location, by creating a likelihood of confusion with the Complainant's trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of the domain name holder's web site or location or of a product or service on his web site or location.
the domain name holder registers one or more personal names without the existence of a demonstrable link between the domain name holder and the registered domain names.

If a complaint is filed, the domain name holder can demonstrate his rights or legitimate interests to the domain name by the following circumstances:

prior to any notice of the dispute, the domain name holder used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or
the domain name holder (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or
the domain name holder is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.

c) Rules of procedure. The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how to appoint the Third-party Decider that will decide the dispute.

The rules of procedure also determine the fees that the Complainant must pay.

The Dispute Resolution Entity publishes the rules of procedure on its web site.

d) Non-intervention of DNS.be. DNS.be does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS.be, the Dispute Resolution Entity or the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.

e) Remedies. The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.

f) Notification and publication. The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term. DNS.be must also be informed of these decisions. If the domain name holder is involved in other legal procedures concerning his/her domain name, he/she must inform DNS.be of the final decision(s). DNS.be may decide to publish the decisions referred to in the present article.

g) Courts of competent jurisdiction. The submission to the alternative dispute resolution procedures does not prevent either the domain name holder or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS.be will implement that decision 15 days after being informed of the Third-party Decider's decision except if the domain name holder has started the appeal procedure of the dispute resolution in due time If the appeal procedure was started in time, DNS.be will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled.

h) Other disputes. All other disputes between the domain name holder and any party other than DNS.be over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.

i) Defences. DNS.be will not participate in any dispute between the domain name holder and any party other than DNS.be over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. The domain name holder must not name DNS.be as a party or otherwise include it in any such proceedings. If DNS.be is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.

j) Domain name on hold. As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS.be of the identity of the Complainant and the domain name involved. DNS.be must immediately put the domain name involved "on hold", under article 3 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).

k) Costs of dispute resolution. The dispute resolution fee is payable by the Complainant. However, if the Third-party Decider concludes that the domain name registration needs to be struck out or transferred, DNS.be shall repay the total of these costs to the Complainant and reclaim the thus repaid costs from the domain name holder. Upon DNS.be's first request, the domain name holder shall reimburse the repaid amounts. The domain name holder shall not have a right of recourse against DNS.be, the Dispute Resolution Entity, the Third-party Decider or the Complainant for the thus suffered financial loss. The potential financial loss for the domain name holder is the risk that the latter took for the speculative registration of domain names on which third parties have rights.

The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution. The costs of the appeal procedure are payable by the party that instituted this procedure.

The costs mentioned in this article only refer to the administrative costs of the dispute resolution as stipulated in article 10 and do not include any costs or fees for legal advice of the parties.

11. Severibility clause

If one or more clauses of these terms and conditions are found to be invalid, unenforceable or illegal, the other clauses of the terms and conditions will nevertheless remain in full force. DNS.be and the domain name holder also agree to replace the invalid, unenforceable or illegal clause with a valid, enforceable and legal clause preserving the economic aims and maintaining the spirit of the clause so replaced.

10. Dispute resolution policy

a) Dispute resolution. The domain name holder must submit the type of disputes set out below to alternative dispute resolution proceedings and accepts in this regard the competence of an accredited Dispute Resolution Entity. The domain name holder accepts that those proceedings must be conducted before one of the accredited Dispute Resolution Entities listed at the web site of DNS.be. The procedure will be conducted in the language chosen by the domain name holder during his application. Every dispute will be governed by the dispute resolution policy applicable when the complaint is filed.

b) Applicable disputes.

The domain name holder must submit a dispute to alternative dispute resolution proceedings if a third party (a "Complainant") asserts to the Dispute Resolution Entity, in compliance with the rules of procedure, and proves that :
the domain name holder's domain name is identical or confusingly similar to a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or name of a geographical entity in which the Complainant has rights; and
the domain name holder has no rights or legitimate interests in the domain name; and
the domain name holder's domain name has been registered or is being used in bad faith.
The evidence of such in bad faith registration or use of a domain name can inter alia be demonstrated by the following circumstances:
circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name to the Complainant who is the owner of the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity, or to a competitor of that Complainant, for valuable consideration in excess of the costs directly related to the domain name; or
the domain name was registered in order to prevent the owner of a trademark, a trade name, a social name or corporation name, a geographical designation, a name of origin, a designation of source, a personal name or a name of a geographical entity from reflecting this name in a corresponding domain name, provided that the domain name holder has engaged in a pattern of such conduct; or
the domain name was registered primarily for the purpose of disrupting the business of a competitor; or
the domain name was intentionally used to attract, for commercial gain, Internet users to the domain name holder's web site or other on-line location, by creating a likelihood of confusion with the Complainant's trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of a geographical entity as to the source, sponsorship, affiliation, or endorsement of the domain name holder's web site or location or of a product or service on his web site or location.
the domain name holder registers one or more personal names without the existence of a demonstrable link between the domain name holder and the registered domain names.

If a complaint is filed, the domain name holder can demonstrate his rights or legitimate interests to the domain name by the following circumstances:

prior to any notice of the dispute, the domain name holder used the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services or made demonstrable preparations for such use; or
the domain name holder (as an individual, business, or other organization) has been commonly known by the domain name, even if he has acquired no trademark; or
the domain name holder is making a legitimate and non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark, trade name, social name or corporation name, geographical designation, name of origin, designation of source, personal name or name of the geographical entity at issue.

c) Rules of procedure. The rules of procedure of the Dispute Resolution Entity state how to initiate and conduct the proceedings, which delays apply and how to appoint the Third-party Decider that will decide the dispute.

The rules of procedure also determine the fees that the Complainant must pay.

The Dispute Resolution Entity publishes the rules of procedure on its web site.

d) Non-intervention of DNS.be. DNS.be does not, and will not, participate in the administration or conduct of any proceedings before a Third-party Decider. Neither DNS.be, the Dispute Resolution Entity or the Third-party Decider will be liable as a result of any fault made in the dispute resolution process, except for intentional faults.

e) Remedies. The remedies available to a Complainant under any proceedings before the Third-party Decider are limited to requiring the cancellation of the domain name registration or the transfer of the domain name to the Complainant.

f) Notification and publication. The Dispute Resolution Entity must publish all decisions under this dispute resolution policy on the Internet during a reasonable term. DNS.be must also be informed of these decisions. If the domain name holder is involved in other legal procedures concerning his/her domain name, he/she must inform DNS.be of the final decision(s). DNS.be may decide to publish the decisions referred to in the present article.

g) Courts of competent jurisdiction. The submission to the alternative dispute resolution procedures does not prevent either the domain name holder or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before, during or after those proceedings. If a Third-party Decider decides that the domain name registration should be cancelled or transferred, DNS.be will implement that decision 15 days after being informed of the Third-party Decider's decision except if the domain name holder has started the appeal procedure of the dispute resolution in due time If the appeal procedure was started in time, DNS.be will not take further action (whilst leaving the domain name on hold) until the appeal procedure has ended or has been cancelled.

h) Other disputes. All other disputes between the domain name holder and any party other than DNS.be over the domain name registration that are not brought under the alternative dispute resolution procedures must be resolved through any court proceedings, arbitration or other available proceedings.

i) Defences. DNS.be will not participate in any dispute between the domain name holder and any party other than DNS.be over the registration and use of the domain name, neither in the alternative dispute resolution proceedings, nor in any other proceedings. The domain name holder must not name DNS.be as a party or otherwise include it in any such proceedings. If DNS.be is named as a party in any such proceedings, it reserves the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend itself.

j) Domain name on hold. As soon as a request for alternative dispute resolution is properly filed with the Dispute Resolution Entity and the appropriate fee is paid, the Dispute Resolution Entity must inform DNS.be of the identity of the Complainant and the domain name involved. DNS.be must immediately put the domain name involved "on hold", under article 3 of these terms and conditions. The domain name remains on hold until the end of the proceedings set out in paragraph (g).

k) Costs of dispute resolution. The dispute resolution fee is payable by the Complainant. However, if the Third-party Decider concludes that the domain name registration needs to be struck out or transferred, DNS.be shall repay the total of these costs to the Complainant and reclaim the thus repaid costs from the domain name holder. Upon DNS.be's first request, the domain name holder shall reimburse the repaid amounts. The domain name holder shall not have a right of recourse against DNS.be, the Dispute Resolution Entity, the Third-party Decider or the Complainant for the thus suffered financial loss. The potential financial loss for the domain name holder is the risk that the latter took for the speculative registration of domain names on which third parties have rights.

The repayment provision specified in the previous paragraph does not apply to the appeal procedure of the dispute resolution. The costs of the appeal procedure are payable by the party that instituted this procedure.

The costs mentioned in this article only refer to the administrative costs of the dispute resolution as stipulated in article 10 and do not include any costs or fees for legal advice of the parties.