The applicant declaration clarifies liabilities between the holder, Norid and the registrar. Since 2001, under the domain name policy, there has been some risk that a holder may, consciously or unconsciously, register a domain name they do not have the rights to. It is therefore important for us to make sure that they cannot, at a later date, claim to have been unaware of the conditions for registration. In addition, it is important to inform holders that they are responsible for clarifying rights before registration. By requiring that holders submit a applicant declaration before they register the domain name, we have clarified both the holder’s responsibilities and established that they are aware of their responsibility.
Disputes over what is agreed, understood and accepted in standard contracts is a common issue in several areas of law. While the domain name policy constitutes the complete contract between Norid and the holder, the applicant declaration serves to document not only that the holder has read the policy, but also that it is a condition for the agreement that they have accepted what Norid does and does not do, and what Norid is not liable for.
In addition to the applicant declaration clarifying the relationship between Norid and the holder, holding the holder responsible also protects the interests of third parties that hold the rights to any name or concept. When the holder is consciously aware of their own obligations, there will be fewer unintentional violations that a third party is then forced to pursue. Also, it is in the best interest of the registrar that the holder has confirmed that they have received the information they are entitled to, and that they will comply with any rulings made by the Alternative Dispute Resolution Committee.
Finally, the applicant declaration is important to central authorities. When the Domain Regulations were implemented in 2003, authorities also decided to require a applicant declaration for all domain names registered under .no.