Rules for the Registration of Domain Names under Kuwait Top Level Domain Name – kwTLD
Version 1.1.0
A. Introduction
Kuwait Institute for Scientific Research (“KISR”), a non-profit research organization, mandated by Ministry of Communications (“MOC”) to the establishment, management and operation of Kuwait Top Level Domain Name (kwTLD), have been delegated the authority by Internet Assigned Numbers Authority (“IANA”) to allocate domain names in the State of Kuwait under the .kw Top Level Domain.
Under kwTLD, third level domain names will be registered under a limited number of secondary level domains in the following format: Third level.Secondary level.kw (e.g., in the domain name kisr.edu.kw, “kisr” is the third level, and “edu” is the secondary level).
B. Pre-Registration
KISR conducts registration through local main Internet Service Provider companies (ISPs) in Kuwait, http://www.kw/isps.asp, under a signed contract. KISR shall not accept registration in any form with non contracted internet service provider companies.
Local internet service provider companies wishing to conduct registration with KISR, must first get approval from MOC showing their rule as a main internet service provider in Kuwait, then can approach KISR’s top management. Upon approval, KISR can only then initiate the registration process.
C. Application & Registration Process
1. Application
1.1. Registration Form: The registration process will be initiated by submission of a complete registration form in English, http://www.kw/theform.htm.
1.2. Applicant: Registration form is made by someone who will hold the domain name (“Holder”). No third party applicant acting on the benefit of a domain name holder is accepted, although third party may be the administrative and/or technical contacts. Domain name holder must be local in Kuwait.
The holder has the right to modify, transfer, renew and/or delete the domain name.
1.3. Administrative/Technical Contacts: Can be local or abroad. May modify name servers of a domain, but may not transfer, renew or delete the domain name.
2. Registration of Third Level Domain Names:
Third level domain names will be registered, based on the nature of the domain name holder, in one of the following categories:
2.1. Categories
2.1.1. edu.kw for kindergartens, primary )elementary) schools, intermediate schools, high schools, academic institutions of higher education (Ministry of Higher Education classification), and research institutions.
2.1.2. org.kw for non-profit organizations (Ministry of Social Affairs and Work Classification),
2.1.3. gov.kw for governmental organizations.
2.1.4. net.kw,
2.1.5. com.kw for commercial entities (Ministry of Commerce Classification) and individuals (Public Authority for Civil Information Classification).
Evidence may be required to support the domain name holder’s relation to a specific category, as a condition for registration. The list of secondary level domain names may be amended without prior notice.
2.2. Category Requirements:
2.2.1. General
a) Selecting and contacting an ISP.
b) Filling registration form (typed) with correct, accurate and complete information.
c) Letter head (typed) specifying domain name, with signature and stamp if any.
2.2.2. Specific:
a) edu.kw
Letter head from Ministry of Higher Education showing that organization is academic or at school level.
b) org.kw
Letter head from Ministry of Social Affairs and Work showing that organization is non-profit.
c) com.kw & net.kw
c.1. For Commercial Entities:
Commercial License from Ministry of Commerce.
c.2. For individuals:
c.2.1: General: Civil ID, with brief hand written paragraph specifying the domain name, with signature.
c.2.2: Specific (for Non-Kuwaitis):
c.2.2.1. Letter head from sponsor company showing no objections to the registration of the specific domain name by the named individual.
c.2.2.2. Individual employment must be of sector 18.
3. The Examination
The application is processed and considered, based on the rules in force at the time the application is submitted, whether to accept the third level Domain Name. Examination will be made on a “first-to-apply, first-served” basis.
The technical ‘clocking–in’ method as utilized, and as may be changed from time-to-time is determinative of which application is ‘first-to- apply, first served’. It should be noted that “clocking-in” commences only upon receipt of a valid and complete application form.
3.1. Special Considerations
(a) Local People’s Names:
a.1. Can be registered by individuals only.
a.2. Third level domain name cannot start with the individual’s second or third name. If the individual’s second name is included then first name must proceed the second name and if the individual’s third name is included then first name plus second name must proceed the third name, and so on.
Following are valid format of third level domains representing individual names:
– FirstName
– LastName
– FirstNameLastName
– LastNameFirstName
– FirstNameSecondName
– FirstNameSecondNameLastName
– LastNameFirstNameSecondName
a.3. Valid only for .com.kw & .net.kw domain category.
a.4. Third level domain name must constitute a real person’s name.
(b) Names of Countries/Cities/Religions, etc:
Domain names that represent names of 1) countries 2) cities 3) religions 4) celebrities, etc. will be allowed for registration only by official entities and sectors that represent them.
3.2. Bars to Registration
Domain names that represent names of 1) countries 2) cities 3) religions 4) celebrities, etc. will be allowed for registration only by official entities and sectors that represent them.
3.2. Bars to Registration
The following domain names will not be accepted for registration, where anything else is not eligible for acceptance by default:
(a) Prior Records
Domain name already registered, or registration request is in the process or pending.
(b) Non-Compliance
Domain names which do not comply with the rules in effect at the time the application is submitted.
(c) Offensive
Obscene words and names incorporating foul language or names that otherwise do not comply with the laws of Kuwait.
(d) Barred By Law
Names that are injurious to public order or to public sensibilities or otherwise do not comply with the laws of Kuwait.
(e) Additional Limitations
e.1. A third level domain name may not be the string “www” and may not be identical to any existing:
e.1.1. Generic Top Level Domain name in the global Internet (aero, biz, cat, com, pro, int,
coop, edu, gov, info, jobs, mil, mobi, museum, name, net, org, travel, mail, post, xxx, asia, tel, doc, pdf, mp3).
e.1.2. Kuwait Top Level Domain “kw”.
e.1.3. Infrastructure Internet Domain “arpa” or any of their sub-domains.
e.1.4. State of Kuwait Names (kuwait, koweit, kwt, kuwaiti, state-of-kuwait, state, stateofkuwait, etc)
e.2. A third level domain name may not be a permutation of an existing domain already registered, unless requesting holder’s entity title supports the requested permutation. Otherwise, the current holder acceptance is a must.
3.3. Syntax of Third Level Domain
(a) Alpha-numeric characters a-z, 0-9 and a hyphen/dash “-“., where first and last character shouldn’t be a hyphen/dash “-“. Spaces and special characters, such as !$% and so on, are never permitted. Small and capital letters are irrelevant.
(b) Maximum number of characters allowed is 63 characters.
(c) Maximum number of domain names allowed per holder is unlimited.
3.4. Other Criteria
(a) Holder Overdue Domains
Any new registration will be rejected if holder current domain names are expired.
(b) Defects in Applications
An application may be rejected if it has not been completed correctly and in full.
(c) Trade Marks & Copy Rights
An application may be rejected if third level domain name is equal to a trade mark where requester has no authority over it, or conflicts with a copy right.
(d) Magazine/Newspaper Title
An application may be rejected if third level domain name is equal to or part of a newspaper/magazine title where requester has no authority over it.
(e) Internet search engines
An application may be rejected if third level domain name is equal to an internet search engine where requester has no authority over it.
3.5. Conclusion of Examination
(a) Rejection
If the domain name application is not accepted, related ISP will be notified.
(b) Reservation on Responsibility
The examination of application and registration of the domain name shall not be guarantied that the domain name is valid and entitled to be used under Kuwaiti law, and KISR or its employees shall bear no responsibility whatsoever due to registration of the domain name.
4. Registration
4.1. Fees
(a) The Applicant (holder) will pay a registration fee of K.D. 40 (Forty / Kuwaiti Dinars) per domain, per two years.
(b) Related ISP will be notified once domain name is registered.
4.2. Duration: The registration period for a domain name is 2 (two) years from the date the domain name is actually registered.
4.3. Active Domain Name Servers Delegation
For domain names to be registered, there must be at-least one operational primary domain name server. Name servers need permanent IP connectivity to the Internet (for queries and zone transfers).
5. Renewal
5.1. Due Date, Fees and Notices
(a) Renewal of a domain name is for a period of two (2) years. The fee for renewal is K.D. 40 (Forty / Kuwaiti Dinars (KD) per domain, per two years.
(b) Renewal is effective for two (2) years from the date of registration / last renewal of the domain name.
(c) KISR will yearly make an effort to transmit the renewal notice to the related ISP, but will not be held responsible. It is the ISP and the holder responsibility to keep track of expiration dates of domain names being used.
(d) Domain names cannot be renewed if expiry date is more that six months ahead.
5.2. Failure to Renew
(a) If the ISP have failed to submit a renewal application within at-least thirty (30) days prior to the expiry date, domain names will be considered renewed, and the ISP will be charged for renewal fees.
(b) If a domain name is expired, it does not mean that other users of the Internet have the right to hold the domain name. Expiry date is only a financial matter where an expired domain name may still be active.
5.3. Examination of Renewal Application
(a) An effort will be made to match applicant of the renewal application with current holder name. If different then application will be rejected.
(b) A renewal application may be rejected if it has not been completed correctly and in full.
D. Records and Changes
6. Transfer
6.1. Procedure
(a) Transfer of a domain name from current holder to a new holder will be made by application to ISP. The current holder is required to confirm the transfer of the domain name. No other method of transfer is permitted.
(b) The domain name must not be expired for transfer to take effect. Renewal request can be sent by either current or new holder.
(c) Original authority over the registration of a third level domain name is un-transferable. If a “domain authority letter” was originally requested to register the domain to the current holder, then new holder must get a similar “domain authority letter” from the mother company as an authorization to register the domain to be transferred.
(d) All rules of new registrations are applied for domain transfer.
6.2. Binding Effect
The new holder of the domain name is bound by the rules in effect at the time of any transfer. Evidence may be required to support the new holder’s relation to a specific secondary level domain category as a condition of the validity of the transfer.
6.3. Allocation
Details of the new holder, to whom the registered domain name has been transferred, will be re-assigned and recorded upon completion of the transfer procedure. Expiry date of the domain to be transferred will not be affected by the transfer.
6.4 Fees
There is no fee for domain transfer.
7. Modifying
(a) Domain names details can be modified. Modification can alter name servers, administrator/technical contacts. Modification will not affect holder name.
(b) A domain name will not be modified if expired.
(c) Modify operation can be used to port a domain name from one ISP to another. If so, then the new ISP must be the one to issue the modification request. If Domain is expired, then current or new ISP can issue the renewal request.
(d) An effort will be made to match applicant of the modification request with current holder name. If different then application will be rejected.
(e) There is no fee for domain modification.
7. Modifying
(a) Domain names details can be modified. Modification can alter name servers, administrator/technical contacts. Modification will not affect holder name.
(b) A domain name will not be modified if expired.
(c) Modify operation can be used to port a domain name from one ISP to another. If so, then the new ISP must be the one to issue the modification request. If Domain is expired, then current or new ISP can issue the renewal request.
(d) An effort will be made to match applicant of the modification request with current holder name. If different then application will be rejected.
(e) There is no fee for domain modification.
8. Deletion
(a) A Domain name may be deleted. All past renewal charges must first be paid. No refund of fees will be made by KISR for any ‘time remaining’ on the registration or previous renewal.
(b) Only related ISP can issue the delete request.
(c) An effort will be made to match applicant of the deletion application with current holder name. If different then application will be rejected.
(d) There is no fee for domain name deletion.
9. Cancellation due to Exceptional Circumstances
9.1. KISR may cancel registration of a domain name in the following circumstances:
(a) where to maintain the registration would put KISR in conflict with statutory obligations or the terms of a Kuwaiti Court Order.
(b) upon the decision of the Director General of KISR.
9.2. KISR will not register a domain name deleted unilaterally by KISR from the registration database to a new holder for a period of 30 (Thirty) days, in order to allow the current holder time to seek court review or KISR, of such decision. This 30 (Thirty) day waiting period applies only to domain names removed unilaterally by KISR from the registration database and not to domain names that are transferred to a new holder or voluntarily deleted from the registration database.
E. Conflicts
10. In case of any conflict over the registration of a domain name:
10.1. KISR shall not be held responsible for investigation on right-to-use of any specific domain, and all conflicts should be settled between conflicted parties.
10.2. KISR shall not be held responsible for any damage may result from any domain conflict.
10.3. If conflict occurs before the domain name is actually registered, original domain request will be halted until conflict is settled.
10.4. The acceptance of domain registration application is not an indication that KISR does verify or support the official documentations supplied with the application.
F. Public Information on Domain Names
11. Domain Name Database
Registered domain names and information included in the application form may be posted for public display and searching.
12. Updated Information
The ISP is obliged to notify KISR of any changes in the information provided in the original application.
G. General
13. Modification of these Rules
(a) These rules may be amended from time to time. All amendments will be available on http://www.kw/rules.asp.
(b) KISR shall not be obligated to review existing registrations as the rules are modified.
(c) Any modifications to these rules or guidelines shall be in-forced without prior notice, and will be effective immediately.G. General
13. Modification of these Rules
(a) These rules may be amended from time to time. All amendments will be available on http://www.kw/rules.asp.
(b) KISR shall not be obligated to review existing registrations as the rules are modified.
(c) Any modifications to these rules or guidelines shall be in-forced without prior notice, and will be effective immediately.
H. Special Holder and ISP’s Undertakings and Representations for the Registration of Domain Names
14. ISP and Holder’s Agreement & Representations
14.1. Holder represents and warrants that the registration or use of the domain name by the holder does not infringe the legal rights of a third party.
14.2. ISP and holder agree that KISR is not responsible for the use of any domain name, and in particular for any conflict with trade marks, registered or unregistered, copy rights, or with rights to names in other contexts.
14.3. ISP and holder warrant that all information provided to KISR is true and accurate, and that any misrepresentation is grounds for rejection of the application or removal of the registration.
14.4. ISP and Holder Agree:
(a) To allow KISR to make available to the public, for review and search, all of the information submitted on the application.
(b) That registration of the domain name does not indicate any legal or ownership rights to that name and that domain name is merely a symbolic address used on the Internet.
(c) That KISR, under any circumstances, does not bare any responsibility or damage directly or indirectly for:
c.1. Rejection of domain name registration request.
c.2. Rejection of domain name modification, transfer, renewal and/or deletion request.
c.3. Error in processing domain name registration request.
c.4. Use of a domain name.
c.5. Enforcing decisions made by Kuwaiti Court order.
c.6. Connection slowness and/or cutoff to KISR’s kwTLD services.
16. ISP, Holder and Third Party Indemnification
ISP, holder, or any person or organization that disputes the registration of a domain name, undertake to indemnify KISR and its contractors, employees shall hold KISR harmless from and against any loss, damage, liability, claim or expense resulting from:
(a) any claim regarding ownership of, or right to use, the domain name in question; or
(b) any loss, claim, suit or other damage arising from any registration, deletion, modification, transfer, renewal, publication, use or denial of use of any domain name; or
(c) any claim or expense resulting from a claim or claims asserted by a third party regarding ownership of, or right to use, the domain name in question.
17. Limitation of Liability
KISR’s liability is limited to the registration fee.
18. Governing Law & Jurisdiction
Any conflict that may arise from applying these rules shall be governed by Kuwaiti laws, and shall be submitted to the exclusive jurisdiction of the courts of the state of Kuwait.