20081006SplosniPogoji-ang-1.doc

1. INTRODUCTORY PROVISIONS
1.1. These General terms and conditions for registration of domain names under the .si top-level
domain (“General terms and conditions”) regulate legal relations between Arnes as the
Register and Registrars and Domain name holders associated with registration of the Domain
names.
1.2. The Rules of the alternative domain name dispute resolution system (“ARDS Rules”) also form
a constituent part of these General terms and conditions.
1.3. The Rules for use of the WHOIS search service (“WHOIS Rules”) also form a constituent part of
these General terms and conditions.
2. DEFINITION OF TERMS
Unless otherwise stipulated by the text, the following terms shall have the following meanings in
the General terms and conditions:
2.1. "Domain name" is a string of characters registered directly under the .si top-level
domain.
2.2. "Period" is a renewable period of at least one and at most five (5) years for which the
Domain name is registered.
2.3. "ARDS procedure Rules" are the Rules of the alternative domain name dispute
resolution procedure for domain names under the .si top-level domain, which form a
constituent part of these General terms and conditions.
2.4. "Arnes" is the Academic and Research Network of Slovenia, which is a public
institution established by the Ordnance establishing the public institution the Academic
and Research Network of Slovenia (Official Gazette RS 23/92), which was replaced by
the Resolution establishing the public institution the Academic and Research Network
of Slovenia (Official Gazette RS 38/02 and 65/05). One activity of Arnes is the
registration of domain names under the .si top-level domain, and management of the
top-level DNS (Domain Name System) server for .si. The register activities under .si
are not a public service.
2.5. "Applicant" is a natural or legal person for whom the Registrar submitted an
application on the basis of a Domain name registration contract.
2.6. "Domain name holder" is a natural or legal person who registers a domain name in
accordance with these General terms and conditions.
2.7. "Registrar" is a natural or legal person that undertakes the activities of domain name
registration on behalf of applicants or domain name holders on the basis of a registrar
contract.
20081006SplosniPogoji-ang-1.doc
2.8. "Domain name registration system" is a client-server system developed in
accordance with international standards by Arnes and intended for the implementation
of Domain name transactions.
2.9. "Arnes website" is the website available at http://www.arnes.si, together with subpages.
2.10. "Eligible person" is a natural or legal person eligible to register a Domain name in
accordance with these General terms and conditions.
2.11. "Application" is a complete and technically adequate application for registration of a
Domain name or a Domain name transaction sent to the Register by a Registrar on
behalf of an Applicant or Domain name holder via the Domain name registration
system.
2.12. "Domain name transaction" is the registration of a Domain name and all changes to
data associated with the Domain name, the Registrar or the Domain name holder.
2.13. “Registrar portfolio” is the set of all Domain names managed by a Registrar.
2.14. "WHOIS search service" is a service that provides access to the database of
registered Domain names, the purpose of which is to ensure reasonably accurate data
on the Domain name holder and on technical and administrative contact persons
responsible for an individual Domain name, and which is accessible online on the
Arnes website.
3. ELIGIBILITY TO REGISTER DOMAIN NAMES
3.1. Domain names may be registered by:
3.1.1. legal persons that are legally established and registered in the appropriate register in
the jurisdiction within which they are established;
3.1.2. natural persons, irrespective of citizenship and permanent residence.
3.2. If a Domain name holder is found not to meet the conditions referred to in clause 3.1 of these
General terms and conditions, Arnes shall have the right to delete the Domain name on its own
initiative.
4. LEGAL RELATIONS BETWEEN ARNES AND DOMAIN NAME HOLDERS, AND RIGHTS
ENSURED
4.1. By submitting an application to register a Domain name via a Registrar, Domain name holders
agree to be bound by these General terms and conditions, and agree that these General terms
and conditions regulate the content of contractual legal relations between the Domain name
holder and Arnes.
4.2. Contractual legal relations between Arnes and a Domain name holder shall arise at the moment
a Domain name is registered.
4.3. On registration of a Domain name at Arnes, a Domain name holder acquires limited,
transferable, renewable and exclusive rights to use the Domain name for the whole Period,
20081006SplosniPogoji-ang-1.doc
unless otherwise stipulated by these General terms and conditions. Domain name holders
acquire no rights other than those stipulated in these General terms and conditions.
5. DOMAIN NAME REGISTRATION
5.1. Arnes registers Domain names in the order in which complete applications are received (“first
come, first served” principle). Applications are considered received when they are received by the
Arnes Domain name registration server from a Registrar in the prescribed manner via the Domain
name registration system. An application is complete if it contains all required data (Domain name,
data on the Domain name holder, administrative and technical contact person and other data as
defined by clause 13.5 of these General terms and conditions) and it is compliant with the General
terms and conditions. Incomplete Applications shall not be considered.


5.2. Strings of characters can be registered as domain names except for strings of characters that
- Are identical to a registered Domain name;
- Are reserved for the needs of the Police (113) or the Administration for Civil
Protection and Disaster Relief (112).
- Contain characters other than the letters of the standard Roman alphabet (AZ),
digits (0-9) and the “-” character (hyphen);
- Have a “-” (hyphen) as the first or last character;
- Have a “-” (hyphen) in the third and fourth place in the string;
- Are shorter than 3 or longer than 63 characters.


6. DOMAIN NAME HOLDER OBLIGATIONS AND GUARANTEE
6.1. Domain name holders shall have the following obligations throughout the Period:
6.1.1. to ensure that the data supplied to the Registrar (and by the Registrar to Arnes) with
which they have Domain name registration contracts are accurate, complete and
current throughout the Period;
6.1.2. to ensure that the contact electronic address of the Domain name holder defined in
clause 12.1.2 and supplied to the Registrar (and by the Registrar to Arnes) is valid,
and that they have exclusive and direct access to it;
6.1.3. to register Domain names in such a way as not to violate the rights of third parties or
breach valid regulations, and to respect the prohibition on discrimination based on
race, gender, language, faith, political views, sexual orientation or any other personal
circumstance;
6.1.4. not to register Domain names in bad faith or for prohibited activities.
6.2. Domain name holders declare, ensure and guarantee:
6.2.1. that they meet all conditions for registration of the Domain name, and that they will
inform Arnes via their chosen Registrar without delay if they no longer meet these
conditions;
20081006SplosniPogoji-ang-1.doc
6.2.2. that all information submitted to their chosen Registrar (and by the Registrar to Arnes),
both during the Domain name registration procedure and after registration, are
accurate, precise, complete and current;
6.2.3. that their Application is submitted in good faith and for lawful purposes, and does not
encroach upon the rights of third parties;
6.2.4. that the Domain name is not in breach of the law, public order or morals;
6.2.5. that the Domain name does not encroach upon the constitutional or statutory rights of
third parties, including intellectual property rights;
6.2.6. that they will comply with these General terms and conditions for the duration of the
Period;
6.2.7. that they will on request by Arnes supply such further information and data relating to
registration of the Domain name as Arnes reasonably and justifiably requires to
undertake its activities;
6.3. Where Domain name holders fail to comply with their obligations referred to in clause 6.1 of
these General terms and conditions, or fail to respect the declarations and guarantees referred
to in clause 6.2 of these General terms and conditions. Arnes shall have the right not to register
a Domain name, or to delete a Domain name at its own initiative.
7. REGISTRAR APPLICATION
7.1. Direct Applications by Applicants to Arnes shall not be possible.
7.2. Only Registrars may submit applications to Arnes on behalf of Applicants or Domain name
holders. Arnes shall publish a current list of Registrars on its website. Each Domain name
holder or Applicant shall have the right of free choice of Registrar.
7.3. Contractual legal relations between Applicants or Domain name holders on the one hand, and
Registrars with whom Domain name holders order registration of individual Domain names on
the other hand, shall be independent bilateral legal relations, and Arnes shall not be a party to
such legal relations.
7.4. If Domain name holders meet the conditions to be deemed consumers under the law regulating
consumer protection, pursuant to such law they shall have the right to cancel contracts
concluded at a distance within a period of 14 days by notifying the Registrar without any
requirement to state the reason. Registrars shall be obliged to return all payments made no
later than within 30 days of receipt of the message on withdrawal from the contract. In such
instances, Arnes shall be obliged to return to the Registrar any fees paid under the following
conditions:
7.4.1. that Arnes received within 16 days of registration of the Domain name an application
to delete the Domain name and the Domain name holder's confirmation of deletion,
provided in the manner described in clause 12.4; and
7.4.2. that in the interim the Domain name has not been activated, where the input of DNS
records into the Domain name registration system constitutes activation of the Domain
name.
20081006SplosniPogoji-ang-1.doc
7.5. Each Registrar shall be obliged to correctly inform all Applicants and Domain name holders with
which they are in contractual relations of the contents of these General terms and conditions,
and of any changes thereto.
7.6. If Domain name holders meet the conditions to be deemed consumers under the law regulating
consumer protection, Registrars shall be obliged to inform them of their rights, and particularly
the fact that if a Domain name is activated, consumers lose the right to cancel contracts in
accordance with the law regulating consumer protection.
7.7. Registrars shall have direct access to the Domain name registration system, in which they can
check the status of the Domain names of Domain name holders with whom they are in
contractual relations. Registrars shall be responsible for timely notification of Domain name
holders of the expiry of the Period.
8. FEES AND PAYMENT FOR SERVICES
8.1. The fees that Arnes charges Registrars for registration of Domain names and for Domain name
transactions shall be defined in the Tariff published on the Arnes website.
8.2. Arnes shall be obliged to implement Domain name registrations or other Domain name
transactions only after the Registrar chosen by the Applicant or Domain name holder has paid
in full the amount stated in the tariff for the Domain name registration or Domain name
transaction.
8.3. All payments for services provided by Arnes shall be made by Registrars. Arnes shall not be
liable for any mistakes made by Registrars in relation to such payments, including errors that
result in the non-registration or expiry of registration of Domain names, or registration of Domain
names by third parties. Arnes shall not accept payments from Applicants or Domain name
holders, and shall not be obliged to return any payments made to Registrars by Applicants or
Domain name holders in relation to Domain names.
8.4. If a Domain name ceases to be valid for any reason prior to the expiry of the Period, the
Registrar shall not be entitled to return of a proportionate share of the payment.
9. RELATIONS BETWEEN DOMAIN NAME HOLDERS, REGISTRARS AND ARNES
9.1. The rights and obligations of Registrars in relation to Arnes shall be regulated in a contract
concluded between Arnes and the Registrar. These General terms and conditions shall form a
constituent part of such contracts.
9.2. If a contract between a Registrar and Arnes expires, the Registrar shall be obliged to transfer its
Portfolio of Domain names to another Registrar within 15 days, and to notify Arnes and all
affected Domain name holders of the transfer in an appropriate manner. In such instances, the
change of Registrar shall not incur payment.
9.3. If a Registrar fails to meet the obligations referred to in clause 9.2, Arnes shall inform Domain
name holders of the termination of the contract, and shall charge the Registrar for all Domain
names not transferred to another Registrar at the rates from the valid Tariff. Affected Domain
name holders shall be obliged to choose a new Registrar under the procedure described in
20081006SplosniPogoji-ang-1.doc
clause 11.3 of these General terms and conditions. If a Domain name holder changes Registrar
within one month of the date of receipt of notification, the change shall be free of charge,
otherwise it will be charged under the Tariff.
10. PERIOD, REGISTRATION AND RENEW OF DOMAIN NAME
10.1. Period
10.1.1. Registrars shall, in accordance with their contracts with Domain name holders,
register or renew Domain names for one, two, three, four or five years. The Period of
any Domain name registration shall commence on the date of registration of the
Domain name, and shall end after the selected period at the end of the same day in
the month as the Domain name was registered.
10.1.2. The Domain name may be renewed if requested by the Domain name holder in
accordance with clause 10.3 of these General terms and conditions.
10.2. Domain name registration
10.2.1. Domain name registration shall be carried out in accordance with these General terms
and conditions on the basis of Applications submitted by Registrars to Arnes in the
prescribed manner via the Domain name registration system.
10.2.2. On registration of Domain names in accordance with the WHOIS Rules, Registrars
shall stipulate correctly whether the Applicant is a natural or legal person.
10.2.3. If the Domain name registration conditions have been met and Arnes has received
payment from the Registrar, Arnes shall register the Domain name on behalf of the
Applicant, who shall become Domain name holder from the moment of registration.
10.3. Renewal of the Domain name
10.3.1. Domain name may be renewed, on the basis of a timely application and payment, by a
new Period, which shall commence the day after the expiry of the previous Period.
Renewal may not be requested more than 6 months prior to the expiry of the Period.
10.3.2. If Arnes does not receive a Domain name Renewal request the Domain name shall be
allocated ‘quarantine’ status on the date of expiry of the Period.
10.4. Domain names in quarantine
10.4.1. A Domain name is 'in quarantine' if the registration contract has ceased to apply either
because the Domain name holder confirmed deletion of the Domain name or because
the Domain name was not renewed.
Quarantine status means that, in accordance with the General terms and conditions,
Arnes has removed the pointers from the .si top-level domain DNS server (the Domain
name cannot be used on the web, but it is still not available for registration by other
parties). Domain name quarantine status may not last longer than 30 days.
10.4.2. If the registration of a Domain name in quarantine is not renewed, the Domain name
shall be deleted after the expiry of the interval referred to in clause 10.4.1 (30 days),
and may once again be registered.
10.5. Blocked Domain names
20081006SplosniPogoji-ang-1.doc
10.5.1. A Domain name is “blocked” if the Domain name is subject to alternative domain
name dispute resolution or to a court case. Blocked Domain names cannot be
transferred to other Domain name holders or deleted, but the Domain name holder
can continue to use it in accordance with these General terms and conditions.
11. OTHER DOMAIN NAME TRANSACTIONS
11.1. Data Update
11.1.1. Registered data on the Domain name holder shall be updated on the basis of a
request to update data. Registrars shall be obliged to ensure that data associated with
a Domain name are correct and authentic at all times. If a Registrar changes a contact
electronic address, Arnes shall send an automatically generated notification of the
change to the contact electronic address to both the old and new contact electronic
addresses of the Domain name holder.
11.2. Deletion of Domain names
11.2.1. Domain names shall be deleted from the database of registered Domain names via
the intermediate quarantine status, as described in clause 10.4, in the following two
instances:
- if the Period has expired and the Domain name was not renewed in accordance
with the provisions of these General terms and conditions;
- if the Registrar submitted a Domain name deletion request via the registration
system, and Arnes received confirmation from the Domain name holder given in
the agreed manner described in clause 12.4 within 16 days.
11.2.2. Domain names shall be deleted from the database of registered Domain names,
directly and without intermediate quarantine status as described in clause 10.4 of
these General terms and conditions, if:
- the conditions set out in clause 7.4 of these General terms and conditions are
met, the Registrar submitted a Domain name deletion request via the registration
system, and Arnes received confirmation of the deletion from the Domain name
holder, in electronic form or by fax, within 16 days
- so required by a binding decision of a court or other official body;
- so decided by a decision adopted in an alternative domain name dispute
resolution procedure;
- the Domain name holder violates these General terms and conditions, Arnes
informs the Domain name holder of the violations at the contact electronic
address, and the Domain name holder does not immediately cease and desist the
violations; or
- so stipulated in these General terms and conditions.
11.3. Change of Registrar
11.3.1. If a Domain name holder wishes to change Registrar during the Period, he or she
must choose a new Registrar, while the new Registrar must submit a Registrar
20081006SplosniPogoji-ang-1.doc
Transfer request and pay for the transaction. Arnes shall send an automatically
generated electronic message requesting confirmation from the Domain name holder
of the change of the Registrar; the Domain name holder must confirm the change
within 16 days of receipt of the message. If Arnes does not receive confirmation from
the Domain name holder within this interval, it shall not change the Registrar.
11.3.2. If the Domain name holder is a natural person, Registrar change under clause 11.3.1
of these General terms and conditions shall not be possible while the Domain name
continues to meet the conditions for cancellation under clause 7.4 of these General
terms and conditions.
11.3.3. Change of Registrar under clause 11.3.1 of these General terms and conditions shall
not alter the domain name registration period.
11.4. Transfer of Domain names to a third party
11.4.1. If during the Period a Domain name holder wishes to transfer the Domain name to a
third party, the new Registrar chosen by the future Domain name holder shall be
obliged to submit a Domain name holder Transfer Request, and to pay for the
transaction. Arnes shall request confirmation of the transfer from both the former and
future Domain name holders by automatically generated electronic message. Both
Domain name holders must confirm the transfer within 16 days of receipt of the
message. If Arnes does not receive confirmation from both Domain name holders
within this interval, it shall not transfer the Domain name to the third party.
11.4.2. Domain names shall be transferred to new Domain name holders if so required by
binding decision of a court or other official body, or if so required by a decision
adopted in an alternative domain name dispute resolution procedure. The Registrar of
the new Domain name holder must request the transfer, while the consent of the
previous Domain name holder is not required.
11.4.3. In transferring Domain names to new Domain name holders, the new Domain name
holders must comply with the conditions set out in clause 3 of these General terms
and conditions.
11.4.4. In transferring Domain names to new Domain name holders due to the death or
cessation of the previous Domain name holder, the provisions of clause 11.4.1 of
these General terms and conditions shall apply mutatis mutandis, wherein the consent
of the previous Domain name holder shall be replaced by a suitable act by which the
new Domain name holder demonstrates entitlement to request the Domain name
transfer in accordance with the regulations governing inheritance or cessation of the
legal person-previous Domain name holder.
11.4.5. Transferring Domain names to new Domain name holders shall not alter the Period of
registration.
11.4.6. If a Domain name holder is a natural person, the transfer of the Domain name to a
new Domain name holder shall not be possible while the Domain name meets the
conditions for cancellation under clause 7.4 of these General terms and conditions.
20081006SplosniPogoji-ang-1.doc
12. COMMUNICATION BETWEEN ARNES AND DOMAIN NAME HOLDER
12.1. All communication between Arnes and Domain name holders shall take place via electronic mail
as follows:
12.1.1. if intended for Arnes, to dom-reg@arnes.si;
12.1.2. if intended for the Domain name holder, to the valid contact electronic mail address
supplied to Arnes via the Registrar and published in the WHOIS search service
(contact electronic address);
12.1.3. Arnes and the Domain name holder agree that the communication method via the
electronic mail addresses cited in clauses 12.1.1 and 12.1.2 represents the agreed
technology and communication procedure. Electronic messages so received shall be
deemed to originate from Arnes or the Domain name holder.
12.2. All communication between Arnes and the Domain name holder shall take place in Slovenian,
although communication in English shall also be possible by prior arrangement. If the use of
language gives rise to doubt regarding the content of the agreement or the interpretation of a
contractual provision, or if this is different in the Slovenian and English versions, the Slovenian
version of the document or communication shall apply.
12.3. Where these General terms and conditions require confirmation or consent from the Domain
name holder, confirmation in the form of an electronic message shall be valid, except in
instances where valid legislation explicitly stipulates otherwise.
12.4. When the Domain name registration system receives an application that, in accordance with
these General terms and conditions, requires confirmation from the Domain name holder, an
automatically generated message shall be sent to the contact electronic address with an
explanation, a web link to the confirmation form, and a confirmation code for approval of the
transaction. If a Domain name holder cannot confirm the application via the web connection, he
or she may confirm the application by using the confirmation code and faxing a signed
document to Arnes with the prescribed text and code stated (fax number: + 386 1 479 88 99).
12.5. If a Domain name holder fails to confirm a transaction within the interval stipulated in these
General terms and conditions, or rejects the transaction, Arnes shall be deemed to have
rejected the application.
12.6. The provisions of the laws regulating electronic commerce and electronic signatures, and
electronic commerce in the marketplace, shall apply in relation to the sending and receiving of
electronic messages.
13. PRIVACY AND PROTECTION OF PERSONAL DATA
13.1. By submitting a Domain name registration application, the Domain name holder accepts these
General terms and conditions and authorises Arnes to collect, process and manage personal
and other data required by Arnes to undertake its activities relating to the operation of the
Domain name system under the .si top-level domain. For the purposes of the operation of the
WHOIS search service, the Domain name holder also agrees to the publication of personal data
20081006SplosniPogoji-ang-1.doc
in a form rendering them accessible via the Internet to the extent necessary, as stipulated in the
WHOIS Rules. The Domain name holder agrees that Arnes shall manage his or her personal
data for the purposes and to the extent described in this section.
13.2. The Domain name holder guarantees that the data in the register are accurate and current, and
undertakes to report any changes to the Registrar, who shall be obliged to update the data via
the registration system.
13.3. The legal basis for the collection and processing of personal data is the Domain name
registration contract concluded on registration of a Domain name between Arnes and the
Domain name holder. The Domain name holder shall have the right to inspect, copy,
supplement, correct, block and delete personal data relating to him or her.
13.4. Domain name holders may request blocking or deletion of personal data relating to them. If a
Domain name holder exercises this right, Arnes shall at its own initiative delete all Domain
names registered by the Domain name holder, resulting in the consequences of deletion of a
Domain name in accordance with these General terms and conditions.
13.5. Collection of data for the purposes of registration: In order to ensure the uninterrupted operation
of Domain name registration and the DNS system, Arnes shall collect and process the following
personal and other data:
- full name (natural person) or company/official name (organisation) of the Domain
name holder;
- permanent residence (natural person) or registered office (organisation) of the
Domain name holder;
- electronic mail address of the Domain name holder (contact electronic address);
- telephone and fax number of the Domain name holder;
- data on the administrative contact person (full name, electronic address,
telephone and fax number);
- data on the technical contact person (full name, electronic address, telephone and
fax number).
13.6. Arnes may use data obtained solely to operate the Domain name system, and will only supply
such data to third parties if:
13.6.1. the Domain name holder explicitly and unambiguously consents to the supply of the
data in the agreed form of communication;
13.6.2. the data are required by an official body by a binding decision issued in the pursuance
of its statutory duties;
13.6.3. requested by the arbiter of alternative domain name dispute resolution, where such
request is made in accordance with the ARDS Rules;
13.6.4. there is a justified request to supply data.
13.7. In instances under clause 13.6.4, requests must be submitted on the form that is an annex to
these General terms and conditions, that is published on the Arnes website, and that contains:
20081006SplosniPogoji-ang-1.doc
- complete data on the party requesting disclosure, including full name or company
name and address of the applicant, and either an electronic mail address or a
telephone or fax number;
- an explanation of the well-founded grounds for disclosure of personal data, to wit
proof of the commencement of court, administrative, arbitration or other official
procedure, or ARDS procedure;
- a declaration that in the event of favourable resolution of the request, the party will
only use the data obtained for the well-founded reasons given, and accepts
criminal and civil liability for such use.
13.8. In the event of a complete request under clause 13.7, Arnes shall supply the data requested; if
the request referred to in clause 13.7 is justified by the commencement of an ARDS procedure,
the attachment to the request of a complaint in accordance with the ARDS Rules shall suffice,
without the need to enclose a bank receipt for payment of fees and extract from the appropriate
register of legal persons.
14. LIABILITY OF ARNES
14.1. Arnes undertakes to perform Domain name registration in accordance with international
recommendations in the area of domain name registration, and to ensure the quality of its
services through due professional diligence.
14.2. Arnes shall not be liable for any damage, direct or indirect, incurred in relation to the registration
or use of any domain name under the .si top-level domain or in connection with the use of Arnes
software or websites, nor for any damage incurred due to technical problems or actions of
Registrars resulting in failed registration or withdrawal of Domain names.
15. LAW AND JURISDICTION
15.1. These General terms and conditions and all disputes between Arnes and Registrars, or
between Arnes and Domain name holders, shall be subject to Slovenian law, wherein rules of
international private law that would dictate the use of any other legal system shall not apply.
15.2. The materially competent court in Ljubljana shall have exclusive territorial jurisdiction to resolve
all disputes between Arnes and Registrars or between Arnes and Domain name holders.
16. CHANGES TO GENERAL TERMS AND CONDITIONS AND REGISTRATION RULES
16.1. The text of these General terms and conditions shall be binding on all parties entering legal
relations with Arnes in relation to Domain name registration.
16.2. If Arnes alters these General terms and conditions or the Tariff, it shall be obliged to publish
such changes on its website at least 30 days prior to their entry into force. All Applications will
be considered with regard to the General terms and conditions in force.
16.3. Urgent changes to these General terms and conditions may exceptionally enter into force in a
shorter interval.
20081006SplosniPogoji-ang-1.doc
17. ARNES AS REGISTRAR
17.1. Arnes may operate as a Registrar for the registration of Domain names by Applicants and
Domain name holders that are users of the ARNES research network and that are legal
persons.
17.2. These General terms and conditions shall apply mutatis mutandis to the registration of Domain
names by Applicants/Domain name holders referred to in the previous clause.
18. PRINCIPLES OF ALTERNATIVE DOMAIN NAME DISPUTE RESOLUTION
18.1. By agreeing to these General terms and conditions, Domain name holders consent to
alternative domain name dispute resolution (hereinafter “ARDS”) and the ARDS Rules.
18.1.1. Where the conditions stated in clause 18.2 are met, third parties (hereinafter
“Complainants”) who claim that a registered Domain name violates their rights may
initiate disputes in accordance with the ARDS Rules.
18.1.2. Domain name holders agree that disputes shall be resolved in accordance with the
ARDS Rules in all instances where a dispute is initiated against them in accordance
with clause 18.1.1 of these General terms and conditions.
18.1.3. The Domain name holder and the Complainant undertake to respect all decisions
taken in an ARDS procedure. This provision shall not affect their constitutional and
statutory rights to court protection.
18.1.4. The Domain name holder and Complainant agree that ARDS procedures shall take
place before a tribunal as stated on the Arnes website.
18.2. Conditions for initiating ARDS procedure
18.2.1. Complainants asserting that a registered Domain name violates their rights may
initiate an ARDS procedure only in instances where they also assert:
- that the Domain name of the Holder is identical to or interchangeable with their
trade mark valid on the territory of the Republic of Slovenia, or company name, as
taken from the court register in the Republic of Slovenia, or that it violates their
copyright under the law of the Republic of Slovenia, or a registered geographic
designation to which they are entitled under the law of the Republic of Slovenia, or
encroaches on their rights to their personal name under the law of the Republic of
Slovenia, or encroaches upon other rights recognised in the legal system of the
Republic of Slovenia;
- that the Domain name holder has no legally recognised interest with regard to the
registered Domain name; and
- that the Domain name was registered or is used in bad faith.
18.2.2. Prior to initiating ARDS procedures, Complainants shall be obliged to sign a written
declaration accepting these General terms and conditions.
18.3. Principles for decisions of ARDS tribunal
18.3.1. The tribunal shall decide to delete a Domain name or transfer it to the Complainant
only if it finds that the conditions set out in clause 18.2.1 have actually been met.
20081006SplosniPogoji-ang-1.doc
18.3.2. In judging whether the conditions set out in clause 18.2.1 of these General terms and
conditions have been met, the tribunal shall be free and not tied to any rules of
evidence. It may use any lawful rules, principles or practices that it deems relevant,
provided they comply with the legal system in the Republic of Slovenia. Throughout
the procedure, the tribunal must ensure that the *adversarial principle is satisfied.
18.4. Liability
18.4.1. Arbiters, administrators, tribunal presidents and Registrars, or any of their assistants,
employees or other associated persons, shall not be liable for compensation to any
party or third party for any action or failure to act in the ARDS procedure that caused
harm, unless such harm was caused by criminal activity or intentionally.
18.4.2. Arbiters, administrators, tribunal presidents and Registrars, or any of their assistants,
employees or other associated persons, shall not be liable for compensation to any
party or third party for the content of decisions adopted in the procedure.
19. FINAL PROVISIONS
19.1. All contracts concluded between Arnes and Registrars pursuant to other General terms and
conditions of business shall cease to apply on the entry into force of these General terms and
conditions.
19.2. These General terms and conditions shall enter into force 30 days after their publication on the
Arnes website.
Arnes
Marko Bonač, Director
Ljubljana, 6 October 2008
20081006SplosniPogoji-ang-1.doc
APPENDIX FORM:
REQUEST FOR DISCLOSURE OF DATA ON WELL-FOUNDED GROUNDS
Data on the applicant:
Full name (natural persons):
Company name (legal persons):
Address:
Electronic mail address or:
Telephone number or:
Fax number:
Name of the Domain name to which the disclosure of personal data relates:
Domain name:
Personal data requested by the applicant:
Statement of individual data items:
Grounds for disclosure:
Statement of the reference number of the court, administrative, arbitration or other official procedure or
ARDS procedure.
Applicant declaration:
The applicant explicitly states that, in the event of approval of the request for disclosure of personal
data, he or she will only use the data obtained for the purposes stated, and accepts full criminal and
civil liability.
Mandatory enclosures:
- documents demonstrating the initiation of court, administrative, arbitration or other official procedure
or ARDS procedure.

JASICO d.o.o.
Cankarjeva 27
9000 Murska Sobota
Slovenia