Definitions
This registration policy sets out the terms and conditions that govern the registration of .barcelona domain names. In this registration policy:
a. “Domain Holder” and all references to “you” refer to the individual or entity applying for or intending to register a .barcelona domain name.
b. “Registry Operator” and all references to “we” refer to the City of Barcelona, as the entity responsible for the operation of the .barcelona top-level domain (TLD), whether acting directly or through an authorized agent.
c. “ICANN” refers to the Internet Corporation for Assigned Names and Numbers.
- Acceptance of this Registration Policy
1.1 By applying for the registration, maintenance, or renewal of a .barcelona domain name, you agree to be legally bound by:
a. This registration policy issued by the City Council of Barcelona and Accent Obert (formerly Fundació puntCAT), including any future amendments.
b. The registration agreement provided by the authorized registrar through which you requested a .barcelona domain name; and
c. Any other applicable policies that may be required by ICANN.
1.2 By accepting this document, you represent and warrant that the statements made in your registration agreement with the authorized registrar concerning your .barcelona domain name are complete and accurate.
1.3 You acknowledge and accept that you are solely responsible for determining whether the registration and use of your .barcelona domain name comply with this registration policy.
1.4 The .barcelona domain name must comply with the syntax rules established by ICANN and by us, and must not consist of any of the reserved names we have defined. You acknowledge that a domain name registered in violation of syntax rules, reserved names, or this registration policy may be cancelled without refund.
1.5 We cannot guarantee that you will obtain your desired domain name, even if a search indicates that the domain is available at the time of your request.
1.6 You acknowledge and agree that registering your chosen .barcelona domain name does not grant immunity from objections to its registration or use, as set forth in Clause 5 below. - Eligibility Requirements
2.1 Connection with the .barcelona Community. To register or renew a .barcelona domain name, you must be an individual or legal entity with a connection to the .barcelona community. This connection implies that you must be linked to the community at the time of registration and, from then on, through linguistic, cultural, touristic, commercial, or any other activity that benefits the .barcelona community. Applicants must specify the intended use of the registered domain name. A false declaration of intended use is considered an indication of bad faith and may result in suspension of the domain name.
2.2 Geographical Names. You may not register geographical names of any subdivision within the area of influence of Barcelona, local landmarks, or any other name that is emblematic or locally significant within the area of influence of Barcelona, including clear variations and abbreviations.
2.3 Names of Public Authorities and Public Services. You may not registre:
a. Names of public authorities at any level with jurisdiction over the area of influence of Barcelona under applicable local law, including clear variations, abbreviations, and other commonly used terms that describe them (e.g., ajuntament.barcelona); and
b. Names directly related to services or public interests for which public administrations in the area of influence of Barcelona have specific responsibilities. These include, at a minimum, the following services: public safety and order, public affairs and institutional relations, public health, taxation, economic development and promotion, public services, transport, urban planning and environmental protection, culture and education, citizen participation, and tourism.
2.4 Names reserved by the Registry Operator
We reserve, at our sole discretion:
a. The ability to reserve certain domain names, making them unavailable for registration, or to allow them only under specific conditions.
b. The right to determine the timing and conditions under which such domain names may be registered and used.
c. The right to publish or withhold the list of reserved terms. - Use of the .barcelona Domain Name
As a registrant, you declare that:
a. You are fully responsible for the registration and use of the .barcelona domain name. If you allow another person to use your .barcelona domain name, you will be solely responsible for any potential misuse of the domain name (i.e., the domain name for which you have applied) by that third party.
b. You will use the .barcelona domain name in a manner that:
1. Is generally accepted as legitimate; and
2. Contributes to the benefit of the .barcelona community; and
3. Is proportionate to the role and importance of the domain, based on what a reasonable average user would expect in the context of the domain name; and
4. Complies with Catalan regulations on consumer protection, product and service labelling, advertising, and communication; and
5. Complies with current language protection laws; and
6. Has been registered and used in good faith, both at the time of registration and thereafter.
c. Domain names that do not meet these requirements include, but are not limited to, those whose use, in the view of the Registry Operator:
1. Misleads or confuses the public, for example, regarding the geographical area referenced or the official nature of the domain’s origin; or
2. Takes unfair advantage of the primary meaning or reputation the public attributes to the chosen name; or
3. Hinders the potential public interest content of the domain name, considering the primary meaning of the name (i.e., whether it is descriptive or generic in nature) or the reputation the relevant public attributes to that name.
d. You will not use the .barcelona domain name in a way that infringes the rights of any third party, including, but not limited to, third-party intellectual property rights in the broadest sense.
e. You will not use the .barcelona domain name to offer third-level domain name registrations to unrelated third parties as part of a commercial registrar-type service.
f. You will not use the .barcelona domain name to send unsolicited commercial advertising in a way that violates applicable law or generally accepted Internet usage policies.
g. You will not distribute malware, operate abusive botnets, engage in phishing, hacking, copyright or trademark infringement, fraudulent or deceptive practices, or counterfeiting, nor will you undertake any activity that violates applicable law.
h. You will not use the .barcelona domain name with the intent of trafficking domain names for sale, resale, or transfer. You will also not allow any third party to access, contribute to, or assist in such purposes.
i. You will not use the .barcelona domain name in any way that could damage or discredit the name, image, or reputation of the City of Barcelona or the .barcelona community. For example, you may not offer or allow third parties to offer, under your .barcelona domain name, websites or content that is defamatory, violent, offensive, aggressive, or that incites violence, whether political, racist, or xenophobic in nature, or any content that is contrary to applicable laws, regulations, or public morality. - Compliance Rights Reservation
4.1 We reserve the right, at our sole discretion, to:
a. Deny or cancel any requested or registered .barcelona domain name that does not meet the eligibility requirements set out in Section 2 above (i.e., lack of connection with the community); and
b. Suspend or cancel any registered .barcelona domain name if the registrant has lost their connection with the .barcelona community, as required under Clause 2.1.
We will be responsible for deciding whether to grant, deny, or suspend your .barcelona domain name under this Clause 4.1, and such a decision may be challenged through the Eligibility Requirements Dispute Resolution Procedure (ERDRP) referenced in Clause 5.1 c.
4.2 Both we and the authorized registrars reserve the right, at our sole discretion, to deny, suspend, or cancel your .barcelona domain name if:
a. You fail to comply with this registration policy, including, but not limited to, any direct or indirect use of your .barcelona domain name in breach of the obligations set forth in Clause 3;
b. You voluntarily provide inaccurate or unreliable contact information, or fail—either intentionally or negligently—to update it as soon as possible;
c. You do not respond within a maximum period of ten (10) days to requests from the registrar, authorized reseller, or us concerning the accuracy of your
contact information or any other issue related to your .barcelona domain name;
d. You, or a third party, are involved in illegal activities related to the use of your .barcelona domain name;
e. The domain name infringes or may potentially infringe the rights of third parties;
f. You are involved in conduct that could place us or the accredited registrar in breach of applicable law, the orders of a governing authority, public policy, or a contractual obligation with a third party; and
g. A legal requirement or court or other competent authority mandates us to take such action.
If we determine a lack of compliance, either with this registration policy or with the accuracy of the data provided, we will contact you in order to clarify or correct the situation. If the issue is not resolved within the required timeframe (30 days), your .barcelona domain name will be suspended for an additional thirty (30) days. If this non-compliance is not resolved within that period, your .barcelona domain name will be cancelled.
You acknowledge and agree that, in the event of suspension or cancellation of your .barcelona domain name under this Clause 4.2, no refund of the registration fee will be granted.
You may challenge our decision to suspend or cancel your .barcelona domain name under this Clause 4.2 through the Eligibility Requirements Dispute Resolution Procedure (ERDRP), available at www.domini.barcelona/normativa.
4.3 We also reserve the right to deny, suspend, modify the status of, cancel, or transfer any registration that we consider necessary:
i. in order to protect the integrity, security, and stability of the .barcelona registry;
ii. in order to comply with all applicable laws, regulations, government requirements, or law enforcement requests, in accordance with any dispute resolution process;
iii. in order to avoid any liability, whether civil or criminal, on our part, as well as on the part of our agents, members, directors, representatives, and employees. - Submission to Dispute Resolution Policies
5.1 You agree to adhere to and comply with all dispute resolution policies and procedures established by both us and ICANN in relation to your .barcelona domain name. Specifically, you consent to be bound by the following dispute resolution policies, the invocation of which may be initiated by any third party with standing against your .barcelona domain name registration:
a. The Uniform Domain Name Dispute Resolution Policy (UDRP) adpted by ICANN, which can be found at http://www.icann.org/en/help/dndr/udrp/policy and is incorporated into this registration policy by reference. Any cancellation of your .barcelona domain name under these UDRP procedures will be carried out in accordance with the rules available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm and the supplementary rules of the selected dispute resolution service provider.
b. The Uniform Rapid Suspension (URS) Policy and URS procedure adopted by ICANN, which can be found at http://newgtlds.icann.org/en/applicants/urs; as well as any other dispute policies required by ICANN, including—among others—expedited suspension procedures based on complaints filed by intellectual property rights holders.
c. The Eligibility Requirements Dispute Resolution Procedure (ERDRP) for .barcelona, which sets out the conditions under which our decisions on eligibility for .barcelona domain name registration may be challenged, and which can be found atwww.domini.barcelona/normativa.
5.2 You acknowledge and agree that neither the Registry Operator nor its agents can guarantee the continued use of your .barcelona domain name in the event that a third-party challenge under any of the above dispute mechanisms is successful, or as a result of an order from a competent court, jurisdiction, or public authority. - Accuracy of Contact Information
6.1 You agree to provide all the information required to register the domain name, as well as complete, accurate, and reliable contact details for all individuals or entities associated with the domain name registration, as required by the registration process, including:
a. Your full name, postal address, email address, telephone number, and (if applicable) fax number.
b. The full name, postal address, email address, telephone number, and (if applicable) fax number of the technical contact for the registered domain.
c. The full name, postal address, email address, telephone number, and (if applicable) fax number of the administrative contact for the registered domain.
d. The full name, postal address, email address, telephone number, and (if applicable) fax number of the billing contact for the registered domain.
e. Any other data that may be required, in which case the newly required data shall replace and supersede the aforementioned data.
All data referenced in this Section 6.1 shall be collectively referred to as Contact Information. Providing this Contact Information is mandatory in order to register a domain name.
6.2 You shall immediately modify and update any Contact Information throughout the duration of the domain name registration. - Protection of Personal Data
7.1 Your contact information is collected by the official registrar (or its reseller), who will transmit it to us so that we can process it for the purpose of registering and maintaining your .barcelona domain name. Specifically, you agree that your contact information may be:
a. Processed by us to facilitate registration services, as required by ICANN;
b. Made publicly available through the Whois database service, where any person with Internet access may query and view the contact information on a per-query basis;
c. Transmitted to a reputable escrow agent, who will hold it solely for the purpose of verifying that the data is complete, consistent, and properly formatted until it is delivered to ICANN. In the event that the escrow agreement is disclosed, ICANN or its assignee shall be granted a perpetual, irrevocable, royalty-free, non-exclusive license to use the data for any purpose related to the operation, maintenance, or transition of the .barcelona TLD;
d. Additionally, the contact information may be made available to ICANN for inspection.
7.2 We will not process the contact information in any way that is incompatible with these purposes. We will take all reasonable measures to protect the contact information from any loss, misuse, unauthorized access or disclosure, alteration, or destruction, and we will apply any other security measures required by applicable legislation.
7.3 By applying for a .barcelona domain name, you confirm your agreement to the processing of your contact information under this clause and, specifically, you give your explicit consent for the use, copying, distribution, publication, modification, or other processing and transfer of your contact information in accordance with the purposes stated above and with applicable data protection and privacy laws.
7.4 With respect to personal data of third parties that you may have provided to us (via the registrar or its reseller), you declare and warrant that you have informed those third parties about the intended uses and recipients of their personal data, as well as how they may access and, if applicable, modify their data held by us. You further declare and confirm that you have obtained the necessary consent from such third parties to process their personal data in accordance with this registration policy. - Indemnification
You shall defend, indemnify, and hold harmless the Registry Operator from any loss, liability, damages, costs, or expenses, including reasonable attorneys’ fees, arising from any claim, legal proceeding, or demand made by a third party in connection with a dispute related to the registration or operation of your .barcelona domain name. This includes, but is not limited to, disputes resulting from a breach of Clause 3. - Amendments to the Registration Policy
We reserve the right to amend this registration policy at any time. The revised version of the registration policy will be published at least thirty (30) calendar days prior to its effective date.
Unless the revised version affects a domain that is subject to a dispute under the conditions of a previous version of the policy — in which case the version in effect at the time of the challenge shall apply until the dispute is resolved — all changes shall be binding with respect to any dispute arising from the domain name, whether such dispute originated before, during, or after the effective date of the change.
If you object to any change in this version of the registration policy, you may cancel your .barcelona domain name registration, noting that you shall not be entitled to any refund of the registration fee.
The revised registration policy shall apply until you cancel your domain name registration. - Governing Law and Jurisdiction
10.1 This registration policy shall be governed by the laws of Catalonia.
10.2 Any legal dispute arising from the interpretation or execution of this policy shall be resolved before a competent court in Barcelona. - Language
11.1 This registration policy has been drafted in Catalan, Spanish, and English.
11.2 In the event of any difficulty in interpreting the terms of this policy, the Catalan version shall prevail between the parties.