Regulation for the granting and management of domain names within the ccTLD "sm"
The present Regulations for the granting and management of domain names within the Country Code Top Level Domain (ccTLD) "sm" (Republic of San Marino) contain rules for the assignment of domain names within the ccTLD "sm",
with reference to Internet Protocol Suite (IPS) standards and Open System Interconnection (OSI) standards.
The present Regulations and procedures, used as the basis for the operations of the Registration Authority (RA), have been drafted by the Naming Authority (NA).
The Registration Authority (RA) manages the registration of second-level domain names in the name tree of the Republic of San Marino, i.e. directly within the ccTLD "sm" (e.g. domainname.sm).
The granting, registration and management of these names are subject to rules and procedures established by the Naming Authority. Any disputes and problems regarding the assignment and registration of domain names within the ccTLD "sm" shall be settled by the Ufficio Informatica, Tecnologia, Dati e Statistica - Settore Telecomunicazioni of the Republic of San Marino (email: email@example.com) or by the competent Segreteria di Stato alle Telecomunicazioni (Secretariat of State for Telecommunications).
It should in particular be noted that:
- Domain names within the ccTLD "sm" cannot be booked or reserved.
- Domain names may be granted to companies and organisations from San Marino or from overseas, in compliance with laws and regulations in force. For this reason a foreign company may have a domain name within the ccTLD "sm".
- Registration charges can be consulted at the RA website: https://www.nic.sm
2. The Registration Authority
The management of operational registers is a task entrusted to the RA.
The San Marino Registration Authority (RA) is represented by Telecom Italia San Marino S.p.A.
The rules ("Regulations") used as the basis for RA activities are contained in this document, and are defined by the San Marino Naming Authority (NA), which is represented by the Ufficio Informatica, Tecnologia, Dati e Statistica - Settore Telecomunicazioni of the Republic of San Marino (email: firstname.lastname@example.org).
The RA has the task of ensuring that requests for granting the use of a domain name comply with the present Regulations.
Domain names are granted for use by the RA to applicants, following the chronological order of applications, as defined by Registration Technical Procedures. Domain names within the ccTLD "sm" may be granted to organisations, companies, associations and natural persons of any nationality.
The San Marino RA is responsible for the assignment of domain names within the country code "sm" (ISO 3166).
The assignee is responsible for the registration and granting of the domain name and for any related services.
3. The San Marino Naming Authority
The San Marino Naming Authority (NA) is represented by the Ufficio Informatica, Tecnologia, Dati e Statistica - Settore Telecomunicazioni of the Republic of San Marino
(email: email@example.com). The San Marino Naming Authority has the task of defining Regulations and operating procedures to be used as the basis for RA activities. The NA is
responsible for drafting and modifying the present document.
The NA is a separate organisation from the RA, its regulatory tasks being quite distinct from the RA's operating tasks.
4. Obligation of registering
For all domain names placed directly within the ccTLD "sm" registration with the RA is compulsory.
5. Regulations for Assignment of a Domain name
These rules describe the fundamental instructions to be followed to define a domain name, both in RFC822 format and ISO/IEC 10021 format, within the space for San Marino names.
Checks to ensure that registration requests conform to these instructions are carried out by the RA. The RA is entitled to request the intervention of the NA in all cases of contention or ambiguity.
The sole function of domain names is to unambiguously identify groups of objects (services, machinery, post boxes, etc.) present in the network. Generally speaking any San Marino or overseas organisation may request the assignment of a domain name providing the present regulations are observed.
5.1 Assignment of a domain name
The procedure for the assignment of a domain name concludes when the name is loaded into the RA database. The name is loaded only if the RA has received the requested documentation, with all parts complete and correct, and checked the actual functionality, i.e. the correct operability, of the name servers authorising the domain name.
5.1.1 Assignable names
A domain name within the ccTLD "sm" is subject to the following limitations:
- minimum length 3 characters, maximum length 63 characters;
- allowed characters: digits (0-9), letters (a-z), hyphen (-);
- a domain name cannot begin or end with the hyphen symbol (-);
5.2 Reserved names
In addition to those indicated in State and N.A. documents, reserved names shall be considered as:
- names made up of one or two characters;
- all units of measurement (Km, Mhz, etc.);
- names of protocols (e.g. http, ftp, telnet, etc.);
- names of technologies (e.g. gsm, umts, esp);
- names of gTLDs (e.g. com, net, org, biz, etc.);
- geographic names and initials of the Republic of San Marino, names and initials of the Castelli (municipalities) and places of the Republic of San Marino;
- names referring to gambling and to betting in general;
- trademarks, symbols, flags, logotypes and anything else reserved by law and regulations;
Domain names shall be granted for use by the RA to the applicant, following the chronological order of requests.
It is not possible to reserve or book a domain name.
A domain name cannot be considered as pre-reserved for any reason.
Domain names with evident pornographic references and/or content of an offensive or discriminatory nature with regard to gender, race, religions and political faith shall not be granted.
5.4 Jurisdiction, disputes, contentions, complaints
All decisions relating to disputes deriving from the issue of a domain name under the ccTLD "sm" shall be taken solely by the Ufficio Informatica, Tecnologia, Dati e Statistica - Settore
Telecomunicazioni della Repubblica di San Marino, or by the Segreteria di Stato alle Telecomunicazioni. Any disputes, contentions and complaints shall be sent to:
Ufficio Informatica, Tecnologia, Dati e Statistica
Repubblica di San Marino
Via 28 Luglio, 192 - 47893 Borgo Maggiore
Tel: (+378) 0549 882552
Fax: (+378) 0549 882888
Any disputes, contentions and complaints shall be settled by means of arbitration, proposed to the parties by the Ufficio Informatica, Tecnologia, Dati e Statistica - Settore Telecomunicazioni della Repubblica di San Marino, in accordance with existing law provisions of the Republic of San Marino. The competent court shall be that of the Republic of San Marino.
5.5 Transfer and modification of an assigned domain name
A domain name may be transferred at the agreement of the parties, by inheritance (singular or universal) or as the result of a re-assignment procedure carried out pursuant to the law or an
arbitration ruling, or a judgement that has become final. The buying up and cybersquatting of domain names is in all cases prohibited.
A suspended or contested domain name may only be transferred to the party raising the contention. Once the state of contention is settled, the domain name may once again be transferred by the assignee to any party.
5.6 Revocation, Suspension, Deletion, Withdrawal of the domain name
The NA can ask to the RA an immediately act to revoke, suspend, delete or withdraw the use of a previously registered domain name in the following cases:
- upon the withdrawal of the assignee;
- due to non-payment of the registration fee;
- at the order of the authority;
- the presentation of false or altered documentation;
- not accordance with existing law provisions of the Republic of San Marino;
- the procedures, principles, rules and criteria published in the present document and in NA documents have not been observed;
- domain name subject to an arbitration ruling or authority procedures;
- upon a judgement that has become final or an arbitration ruling.
- non "visibility/accessibility" of objects belonging to the domain name assigned for more than three months. The technical controls of said non-visibility/accessibility shall be carried out by the RA. In such cases the domain name may only be re-assigned for use to other entities once at least one month has elapsed since the date of revocation;
5.7 Use of the domain name
A domain name shall be assigned for use by the RA to the applying entity. This domain name is accordingly never sold, nor may the assignee claim to have commercial or ownership rights thereon.
The domain name shall in any case remain a distinct entity from registered or deposited names/trademarks.
The domain name constitutes a means to unambiguously identify groups of objects (services, machinery, post boxes, etc.) present in the network, describing as intuitively as possible the nature and/or placement of network objects. The domain name does not give any indication of the importance, globality or availability of the services or the entities that it identifies. In other words, "a domain name is a domain name, and nothing else". Any additional meaning attached to a domain name is a question beyond the scope of the RA, whose actions shall be limited to that of reporting possible cases of ambiguity.
The RA does not have the task of establishing the right to use a trademark or registered name within a domain name. Bearing in mind the different and autonomous nature of a domain name compared with any other object, the entity requesting the domain name shall have the job of ascertaining the right to use the trademark or registered name in different fields.
6. Classification of entities requesting a domain name
This paragraph describes the different entities entitled to apply to the San Marino RA for the registration of a domain name.
6.1 Public administrations
This category includes all Organisations, Institutions, etc. formed by a Law or Decree of the Republic of San Marino.
6.2 Legal persons, companies, individual firms, professionals, etc.
All legal persons and companies of all types may be registered in accordance with the criteria indicated.
This category includes all associations, committees, clubs, etc.
6.4 Natural Persons
This category includes all natural persons, regardless of nationality and State of residence.
7. Registration Procedures
Procedures ("Technical Procedures for Registration") and registration forms are available from the RA website (https://www.nic.sm).
8. Documentation for assignment of a domain name
A new domain name can be requested by filling in an electronic form containing the technical data needed for the domain name's functionality and operability, sent by the provider/maintainer of the
domain name to the RA and a lettera di Assunzione di Responsabilità (letter of accountability) drafted by the entity requesting the use of the domain name.
The RA accepts name-assignment requests only if they are accompanied by the above-listed documentation, drafted in compliance with relative instructions.
8.1 Letter of Accountability
The assignee of a domain name shall assume full civil and criminal liability for the use of said domain name. To this end, the applicant is required to send to the RA a letter of accountability
(LAR letter) according to the template prepared by the RA.
The AR letter shall contain the applicant\s identification data. The applicant shall also declare that it is aware of fundamental principles concerning the use of Internet resources and networks, has read the rules drawn up by the RA and the information on personal data processing (available here: https://www.telecomitalia.sm/assets/moduli_tism/Informativa-Clienti-MAS040101.pdf) and undertakes to observe them.
8.2 Checking Documentation
The RA may, at its discretion, ask the applicant to provide the documents proving the declarations contained in the AR letter.
These documents shall reach the RA within 15 days of the request. For foreign applicants this period shall be extended to 30 days.
8.3 Failure to submit documentation
In those cases in which:
- documentation is not received by the RA by the above-mentioned deadline;
- the applicant refuses to send said documentation;
- the declarations made by the applicant prove to be untrue;
8.4 Publication of forms and instructions
The RA shall make public and keep on line on its servers the templates of the registration form and letter of accountability, as well as the instructions for the registration of domain names and anything else needed at the address https://www.nic.sm.