Article 1 The transaction rule is formulated under "China Internet Domain Name Regulations" on the purpose to normalize the action of domain name transaction, maintain legal interest of users.
Article 2 the following phrases of the Rule means:
1. "Domain Name": refers to Internet domain names that are registered, managed and resolved by China Internet Network Information Center;
2. "Administrative Institution of Domain Name Transaction": The responsibility of China Internet Network Information Center is running and managing system of domain name transaction, maintaining central database of domain name transaction, certify Service Organ of Domain Name Transaction to provide service of domain name transaction.
3. "Domain Name Registry": China Internet Network Information Center undertakes the running, maintenance and administration of system of top domain name.
4. "Domain Name Registrar": refers to organs which handle application of domain name registration and directly complete domain name registration in top domestic database of domain name;
5. "Service Organ of Domain Name Transaction": means organs that are certified by Domain Name Registry to be engaged in service of domain name transaction;
6. "Domain Name Dealer": means the both parties who are engaged in domain name transaction under the Rule, including the seller and the buyer.
Article 3 Domain name transaction should comply with the principle of volunteering, honesty, trust and openness, fairness and equity, and shouldn't impair public interest and legal interest of the third party.
Article 4 Any domain name that is in normal status can be transacted under the Rule expect the domain mane unable to transact under the stipulation of related laws and policies.
Article 5 Service organ of domain name transaction shall provide service of domain name transaction under the principle of paid service to domain name dealer, including accepting and confirming application of domain name transaction, verifing dealer's ID, contacting Domain Name Registry and Domain Name Registrar to execute all kinds of technical actions required by domain name transaction. Service organs of domain name transaction should have corresponding technology, equipment and detailed rules enacted under the Rule to guarantee the truth, reliability and verifiability of domain name transaction.
Article 6 the seller of domain name transaction is the holder or its authorizer of domain name and the buyer is the applicant who can apply for domain name registration under the stipulation of "Administrative Method on Domain Name of Chinese Internet". The applicants who apply for remising or assigning should submit transaction information to transaction service organ as requested by application table of transaction and sign service contract with service organ of domain name transaction. The contract model and signing procedure & method is formulated by service organ of domain name transaction. Domain name dealer should strictly abide by the contract signed with service organ of domain name transaction, providing true, complete, accurate transaction information and instruction. In case of wrong transaction arising from wrong instruction or untrue, incomplete or inaccurate information, the dealer shall be borne the result of the sent instruction and provided information.
Article 7 Domain Name Registrar and administrative authority should cooperate with service organ of domain name transaction closely to guarantee that domain name transaction is quick, safe and reliable. In the case of no right reason, Registar and Domain Name Registry shouldn’t refuse domain name transaction or produce obstacle for domain name transaction.
Article 8 When transaction contract is entered into between the two party and confirmed by service organ of domain name transaction, service organ of domain name transaction shall take transaction code back. Service organ of domain name transaction should send notification of domain name transfer to Registar and Domain Name Registry. Registar and Domain Name Registry should finish domain name transfer under stipulation within 15 after receiving the notification. The buyer, then become the holder of domain name after assignation of domain name.
Article 9 The applicant who remise or assign domain name should guarantee in the agreement signed with Service organ of domain name transaction:
1. Abide by related laws, statutes or other standardized legal documents;
2. Abide by related stipulations formulated by China Internet Network Information Center;
3. The transaction information submitted is true, accurate and complete;
4. Domain name transacted is not malicious and will not be used for any illicit purpose.
Article 10 In case of wrong domain name transaction arising from wrong actions of service organ of domain name transaction, domain name Registars or Registry, the related organs should correct within 7 working days after receiving the notification of legal holder of domain name and resume domain name to normal status, or finish regular transaction under the instruction of domain name holder.
In case of delay or fault arising from technologies such as equipment malfunction of service organ of domain name transaction, Registar or Registry of domain name, the related organs should notify domain name dealer within 24 after the malfunction is addressed and continue to finish transaction in the situation that the domain name dealer hasn't expressed explicitly to terminate transaction or correct the mistakes.
The Rule doesn't apply to wrong transaction of domain name arising from wrong instruction of dealer and usurping the name of domain name holder by the third party.
Article 11 In case the third party has disagreement with the finished domain name transaction, it can be settled through solving procedure of domain name dispute or legal procedure. Service organ of domain name transaction, Domain Name Registry and registrars should make execution within 10 days after the arbitrament is publicized in the website of Dispute-solving agency. In case that the defendants provide valid attestation to prove the People's Court or arbitrary authority who have jurisdiction have already handled related dispute, the Dispute-solving agency should pause the execution of arbitrament.
Article 12 in case service organ of domain name transaction disobeys the Regulation and transact domain name without the permission of domain name holder, or provides transaction service to domain name dealer without the verification of Domain Name Registry, or has other unlawful practice and illicit behavior, Administrative organ of domain name transaction will make corresponding disposition of breach of the contract.
Article 13 China Internet Network Information Center and service organ of domain name transaction provide public query service of transaction information of domain name. Information required by transaction such as the status, time, service organs of domain name transaction will be recorded into database which can be queried by the public by Administrative organ and Domain Name Registrar transaction.
Article 14 Service organs of domain name transaction should formulate detailed rules and regulations of transaction and send to China Internet Network Information Center for the record.
Article 15 China Internet Network Information Center will be responsible for the explanation and amendment of the Rule.
Article 16 The Rule will come into force on Feb.4th, 2005.
Supplementary Article Process of Domain Name Transaction
Process of Domain Name Transaction is divided as following steps according to nature and technical criteria of Domain Name of Internet:
1. Preparation for Transaction:
(1) Service organ of transaction provide transaction platform and other related transaction preparation;
(2) Service organ of transaction will make identification of buyer.
2. Requirement of Transaction:
(1) The buyer shall agree to accept related articles of service organ of transaction before applying for domain name transaction;
(2)The buyer shall apply for transaction to service organ of transaction and set the status of domain name from "Unable to transact" to "Normal".
(3) The status of domain name shall be set from "Normal" to "Transaction is waiting for verification" after the application is accepted by service organ of transaction. Under this status, information of domain name registrant can be altered, but other service organ of transaction shall not be permitted to submit application of domain name transaction.
3. Requirement of Verification
(1). Service organ of transaction shall verify the identification, domain name to be transacted, and transaction date of the seller; time scope of transaction shall be from the date 15 days after domain name registration to 15 days before the expiration of domain name;
(2). The seller shall set the status of domain name from "Transaction is waiting for Verification" to "Transaction is processing" after their verification of Email and domain name password.
(3). In case it can not pass the verification, service organ of transaction shall notify the seller to restart the process with the status of domain "Normal".
4. Domain Name Lock
Domain name to be transacted shall be locked when the status of domain name is "Transaction is processing", any information of the domain name shall not be modified during the period;
5. Start Transaction:
(1) The buyer and seller shall bargain under the transaction process formulated by service organ of transaction;
(2) In case the bargain finishes within valid time scope, it can be step into next;
(3) In case the bargain fails, the status of domain name shall be set from "Transaction is processing" to "Normal". The transaction then will be terminated and the seller can restart the process.
6. Transaction Confirmation
(1) After transaction time ends, three parties such as the buyer, seller and service organ of transaction shall sign transaction agreement.
(2) After service organ of transaction confirm the completion, the status of domain mane shall be set from "Transaction is processing" to "Transaction is confirming".
7. Transaction Code
After administrative organ of domain name transaction receives confirmation information of transaction completion submitted by service organ of domain name transaction, it shall send it transaction code through central database.
8. Domain Name Transfer
(1) Service organ of transaction shall submit necessary materials for examination and approval and transaction code to Domain Name Registrar as requested to confirm the seller altered registrant information, after successful verification (within 15 days), Registar shall alter domain name password and modify related information of registrant.
(2) Service organ of transaction shall send the domain name password to the buyer.
9. Domain Name Unlock
After Registrar completes the verification of transaction code, the domain name shall be set as the status from "Transaction is waiting for confirming" to "Unable to transact".
