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UA ccTLD Policy
com.ua
net.ua
org.ua
dn.ua-donetsk.ua, kh.ua-kharkov.ua, lg.ua-lugansk.ua, zp.ua-zaporizhzhe.ua
dp.ua-dnepropetrovsk.ua

THE POLICY OF THE .UA DOMAIN

Contents

1. GENERAL PRINCIPLES AND PROVISIONS
2. THE DOMAIN NAME DELEGATION POLICY
3. ADMINISTRATION FEATURES OF THE PUBLIC DOMAIN .UA
4. THE .UA DOMAIN REGISTER DATABASE (THE WHOIS DATABASE)
5. THE DOMAIN NAME SERVICE AVAILABILITY CHECKING PROCEDURE
6. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE REGISTRAR
7. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE CONTRACT BETWEEN THE REGISTRANT AND THE PUBLIC DOMAIN ADMINISTRATOR
8. THE RECOMMENDED ESSENTIAL CONDITIONS OF THE AGREEMENT BETWEEN THE PUBLIC DOMAIN ADMINISTRATOR AND THE .UA DOMAIN ADMINISTRATOR
9. RULES FOR RESOLUTION OF DOMAIN DISPUTES IN .THE UA DOMAIN
10. THE LIST OF REFERENCES

1. GENERAL PRINCIPLES AND PROVISIONS

1.1. The top-level domain .UA is a constituent part of the global domain name system, which is administered by the "Internet Corporation For Assigned Names And Numbers" (ICANN). ICANN has a status of an international non-profit non-governmental organization with location in the USA and acts on behalf and in the interests of all the Internet users.
1.2. The present "Policy of the .UA domain" (hereinafter - the Policy) is worked out by the .UA domain administrator subject to current ICANN rules (RFC#1591, ICP?1), with due regard to recent recommendations of ICANN CENTR, US DoC, WIPO and world experience.
1.3. The aim of the present Policy is to determine such system of interrelations and procedures regarding the delegation and administration of domain names in the .UA domain, which:
1.3.1. satisfies the requirements of the society and entrepreneurship;
1.3.2. complies with the current legislation of Ukraine;
1.3.3. facilitates the development of domain name system and the Internet on the whole in Ukraine;
1.3.4. corresponds to the interests of the global Internet community.
1.4. Within the framework of the present Policy the term "the Internet community of Ukraine" ("the Ukrainian Internet community") shall imply the community of all the citizens and/ or residents of Ukraine, natural and legal persons, governmental authorities, state run public authorities of Ukraine and local authorities that use the Internet and Internet-technologies regardless of the aims and ways of such use.
1.5. Within the framework of the present Policy the term "person" shall include natural, as well as legal persons. Natural and legal persons have equal rights with regard to the domain name system.
1.6. Within the framework of the present Policy the term "delegation" shall be used in the meaning determined by current Internet standards, as well as documents ICP-1 аВа-ааВааВааЁ RFC#1591.
1.7. The interests of all the members of the Ukrainian Internet community regarding the domain name system are equal to the extent they do not affect other legitimate interests of the members of the Ukrainian Internet community and/ or any third parties.
1.8. A domain name is not an object of ownership. Terms and conditions of the domain name delegation are determined on the contractual basis.
1.9. Within the framework of the present Policy domains are divided into two categories based on their purpose:
1.9.1. Public domains, i.e. domains that are administered in the interests of a certain community;
1.9.2. Private domains, i.e. domains that are administered by a certain person in his own interests.
1.10. The category of a domain is determined at the moment of delegation of its domain name (see Cl. 4.18.5).
1.11. The .UA domain is delegated to its current administrator in the interests of the entire Ukrainian Internet community. Therefore the .UA domain is a public resource, i.e. a public domain.
1.12. Public domain administrators shall be concerned about "responsibilities" and "service to the society". The activity of public domain administrators shall be estimated in terms of effectiveness of their operation and extent of satisfaction of the requirements of the Ukrainian and global Internet community.
1.13. Since a domain is an administratively determined subset of the hierarchical space of domain names, the policy of a lower level domain may only concretize and/ or supplement certain provisions of the policy of a higher level domain, but can not contradict it. The policies of domains delegated in the .UA domain are established by their administrators at the moment of delegation provided that there is consent of a higher level domain administrator; these policies can not contradict the present Policy.
1.14. Issues of contradiction of a public domain policy to the present Policy are decided in compliance with the domain disputes resolution procedure set forth by Article 9 of the present Policy.

2. THE DOMAIN NAME DELEGATION POLICY.

2.1. Domain names in a public domain may be delegated as public or private according to the policy of the public domain of the previous level and in compliance with the decision of its administrator.
2.2. Delegation of public domain names in a private domain is not possible.
2.3. The domain name www in a public domain is reserved for the administrator of this public domain; it shall point to the web-site where the policy of this public domain and the list of registrars registering domain names in this domain are published.
2.4. Requests for delegation of any names in a public domain are processed by the administrator on the "first-come-first-served" basis, except as otherwise provided for by the policy of a particular public domain.
2.5. A public domain policy may establish "a simultaneity period", i.e. the time interval from the moment of receipt of the first request for a domain name, during which all subsequent requests for this domain name are regarded as received simultaneously with the first one.
2.6. The decision on delegation in a public domain of a certain domain name as a new public domain, or on refusal of such delegation, is taken by the administrator pursuant to the public domain policy, separately in each specific case, based on the following considerations:
2.6.1. Is there a user community, members of which are characterized by certain common features and interests and show an active interest in the use of domain names in a new public domain?
2.6.2. Is there already a delegated public domain oriented at the interests of the same user community?
2.6.3. Delegation of public domains of the third and lower levels is not recommended.
2.7. Participants of the procedure of delegation of a domain name in a public domain:
2.7.1. The Registrant --а-а - a person wishing to use and dispose of a certain domain name in a public domain;
2.7.2. The Registrar --а-а - a subject of business registered in Ukraine that renders services to the registrant, which are necessary for technical support of delegation and operation of a domain name.
2.7.3. The Administrator --а-а - an administrator of the public domain, in which the delegation takes place. The person acting as a public domain administrator shall be a subject of business registered in Ukraine.
2.8. The public domain administrator is not allowed to simultaneously act as a registrar of names in the same domain.
2.9. Relations between the registrant and the registrar regarding the delegation of a domain name to the registrant arise as a part of the complex of services rendered by the registrar; these relations are built exclusively on a contractual basis. The recommended essential conditions of the contract between the registrant and the registrar with regard to domain name delegation are set forth in Article 6 of the present Policy.
2.10. Relations between the registrar and the public domain administrator regarding the provision of services by the registrar on delegation of domain names to the third parties are built exclusively on a contractual basis.
2.11. In order to ensure the equality of interests, competition, transparence and public control, Article 7 of the present Policy sets forth the recommended essential conditions of the written contract between the registrar and the public domain administrator.
2.12. The registrant of a private domain name and the administrator of the public domain, in which this domain name is delegated, do not enter into direct relations with regard to the delegation.
2.13. If the registrant wishes to create a new public domain or transfer a private domain registered by him earlier to the category of public domains, he can do it only subject to conclusion of a written agreement with the .UA domain administrator; the recommended essential conditions of this agreement are set forth in Article 8 of the present Policy.
2.14. Transfer of a public domain to the category of private domains is not allowed.
2.15. The delegation to the registrant of a domain name in a public domain is subject to the following procedure:
2.15.1. The registrant at his own discretion chooses a registrar from among the persons, who concluded the appropriate written contracts with the administrator of this public domain.
2.15.2. The registrar and the registrant conclude a contract with due regard to the requirements of the present Policy and the requirements of the policy of the public domain, in which the delegation takes place. Conclusion of a separate contract for each domain name is a recommended practice.
2.15.3. The registrar creates a record about the person in the .UA domain register database, this record containing the information about the registrant pursuant to the requirements of Cl. 4.15 of the present Policy, or verifies the availability of the existing record and its conformity to the requirements of the present Policy.
2.15.4. The registrar takes necessary measures in order to ensure service availability of the domain name, if it is necessary.
2.15.5. The registrar draws up a request for delegation of a domain name to the registrant and sends it to the input request queue of the administrator of the corresponding public domain. The request is made in the form of a record about the domain name pursuant to the requirements of Cl. 4.18. of the present Policy.
2.15.6. The request is considered accepted to the input queue from the moment when the software of the .UA domain register database (see Article 4 of the present Policy) gives the registrar the acknowledgment of this acceptance.
2.15.7. The administrator within the period of time established by the public domain policy checks the fulfillment by the registrar of technical requirements, which regard the ensuring of service availability of the domain name, and pursuant to the corresponding public domain policy takes one of the following decisions:
2.15.7.1. to delegate the domain name, or
2.15.7.2. to refuse delegation, or
2.15.7.3. to suspend processing of the request.
2.15.8. The administrator informs administrative and technical contacts of the registrar on the course and results of processing of the request via electronic mail.
2.16. The receipt of a request for delegation of a domain name in a public domain means that the registrant independently and voluntarily identifies himself as a member of the community, in the interests of which this public domain is administered. The administrator of the public domain has no rights to judge whether the convictions of the registrant are trustworthy, except for cases when the public domain policy necessitates documentary confirmation of the registrant's membership in a certain community.
2.17. The requested domain name delegation may be refused in the following cases:
2.17.1. The syntax of the request or its contents do not comply with the requirements of Cl. 4.18. of the present Policy.
2.17.2. The domain name has already been delegated to another registrant.
2.17.3. The domain name contains words or expressions that violate the current legislation of Ukraine or do not comply with the requirements of social morals.
2.17.4. The domain name is syntactically incorrect pursuant to current Internet standards.
2.17.5. The request has been received from the person who is not the registrar.
2.17.6. The registrar can not provide documentary confirmation of certain facts with regard to the registrant in cases when the public domain policy sets forth such a requirement.
2.17.7. The service availability of the domain name is not ensured, which is evidenced by results of its checking performed by the administrator. A checking of service availability of the domain name is conducted in compliance with the requirements of Article 5 of the present Policy.
2.18. The administrator's refusal to delegate a domain name may be appealed against pursuant to the procedure provided for by Article 9 of the present Policy.
2.19. Processing of the request may be suspended in the following cases:
2.19.1. There is a domain dispute with regard to this request.
2.19.2. a request for delegation of an identical domain name, which has been received earlier, is being checked for its compliance with the public domain policy or is in the stage of service availability checking (see Article 5 of the present Policy), and this checking is not completed yet.
2.20. The delegation of a private domain name in a public domain may be revoked and a specified domain name cancelled only in the following cases:
2.20.1. at own request of the registrar expressed in writing and sent to the registrar and (or) the administrator of the corresponding public domain;
2.20.2. in case of cancellation of the corresponding contract concluded between the registrant and the registrar, or in case of termination of such contract if such contract provides for revocation of the delegation;
2.20.3. in case of reiterated and repeated technical errors that make the use of the domain name impossible and/ or impede normal operation of the domain name system on the whole;
2.20.4. by decision of a competent court (see Article 9 of the present Policy).
2.21. In cases provided for by Cl. 2.20.2 and Cl. 2.20.3 of the present Policy the delegation of a private domain name in a public domain may be revoked only after suspension of the delegation for a period not less than 15 (fifteen) calendar days, during which the registrar and the registrant are given the opportunity to renew the contract, correct technical errors etc.
2.22. The delegation of an operational public domain can not be fully revoked.
2.23. The higher-level domain administrator may take a decision to re-delegate a public domain to another administrator. This decision may be taken only in the following cases:
2.23.1. at own request of the public domain administrator expressed in writing;
2.23.2. in case of cancellation of the corresponding written agreement between the public domain administrator and the .UA domain administrator;
2.23.3. in case of reiterated and repeated technical errors that make the use of the domain name impossible and/ or impede normal operation of the public domain or the domain name system on the whole;
2.23.4. by decision of a competent court (see Article 9 of the present Policy).
2.24. The public domain administrator may re-delegate a private domain name to another registrant only in the following cases:
2.24.1. at own request of the registrant expressed in writing and sent to the administrator of the corresponding public domain;
2.24.2. by decision of a competent court (see Article 9 of the present Policy).
2.25. Re-delegation of a private domain name in a public domain is carried out by way of suspension of the delegation of this name until the moment the new registrant concludes the corresponding contract regarding this domain name with the registrar, which has a written contract with the administrator of this public domain.

3. ADMINISTRATION FEATURES OF THE PUBLIC DOMAIN .UA

3.1. For the purpose of protection of legitimate interests of the members of the Internet-community of Ukraine with regard to their intellectual property, in the .UA domain private second-level domain names are delegated exclusively in case the spelling or pronunciation of the corresponding full domain name or its second-level component (before the "." character not including it) coincides with the word mark for goods and services registered in Ukraine (hereinafter --а-а - trademark, TM), with regard to which the corresponding registrant has the rights of use on the territory of Ukraine. This delegation is performed regardless of the classes of the International Classifier on the basis of which the TM is registered. The delegation is implemented exclusively on condition that duly certified copies of the following documents are submitted:
3.1.1. The Certificate of Ukraine for the trademark or service mark issued by the central executive authority dealing with issues of legal protection of intellectual property;
3.1.2. The contract for transfer of ownership for the mark or licensing agreement (in case the registrant is not the holder of the Certificate);
3.1.3. The certificate issued by a translation agency confirming that the spelling or pronunciation of the requested domain name or of its part coincides with the corresponding TM.
3.2. Second-level public domains in the .UA domain are delegated on the own initiative of the .UA domain administrator for the purpose of creation of public domain system organized to satisfy the interests of different user communities. Choosing the second-level public domain names in the .UA domain, the .UA domain administrator in the first place considers opinions and proposals of registrars and of the Ukrainian Internet community.
3.3. The period of time for verification of a request for domain name delegation in the .UA domain is 14 (fourteen) calendar days.
3.4. The simultaneity period for private domain name delegation requests in the .UA domain is 168 (one hundred sixty eight) hours.

4. THE .UA DOMAIN REGISTER DATABASE (THE WHOIS DATABASE)

4.1 The .UA domain register database (hereinafter - the Base) is the uniform centralized source of information regarding the delegation and administration of domain names in the .UA domain, namely the information about
4.1.1. domain name registrants;
4.1.2. registrars;
4.1.3. domain names delegated in public domains of the .UA domain, their categories and status.
4.2. Within the framework of the present Policy the term "registration" shall imply the introduction into the Base of information on the fact of delegation of a certain domain name to a certain registrant.
4.3. The exclusive property copyright for computer programs and databases composing the Base are held by the administrator of the .UA domain on the basis of the corresponding copyright agreements.
4.4. The record is the information unit in the Base. The Base contains records of two types:
4.4.1. domain name record;
4.4.2. personal record.
4.5. All and any information composing the contents of the Base is open. This information is owned by the Ukrainian Internet community on the whole and is a public resource.
4.6. The actual information in the Base is available to any member of the global Internet community on the Internet via WHOIS or HTTP protocols.
4.7. The information in the base may be represented in Ukrainian in the Cyrillic encoding KOI8-U or in English.
4.8. Only the administrator of the .UA domain and the registrars authorized by him are entitled to enter information into the Base or change its contents. The information necessary for authentication and authorization of persons entitled to make changes to the Base is a confidential information of the .UA domain administrator and the corresponding registrar.
4.9. The authorized registrar is entitled to make changes to the Base exclusively with regard to the information contained in the records about the persons of the registrants that have current contracts with this registrar, and also to change the contents of the Nserver fields in the records about domain names, the Mnt-by field of which points to this registrar.
4.10. Any record in the Base contains information about its last modification up to a second by the coordinated universal time, as well as information about the person who has made these changes.
4.11. Any record in the Base can not be destroyed or otherwise deleted from it. From the moment of creation of the record, the Base keeps the actual state of the record as well as all its previous states. The query to the Base pursuant to Cl. 4.6. of the present Policy gives information only on the actual state of a certain record. Any other information about a domain name is given by the administrator of the public domain, in which the corresponding domain name is delegated, at a written grounded request.
4.12. The Base's software sends electronic messages containing information on creation of the record and on all and any changes to the information contained in the record, to all e-mail addresses of all the persons, to which the corresponding fields of the record refer before as well as after the introduction of such changes.
4.13. The registrant and the registrar pursuant to the contracts concluded between them guarantee that the information contained in any record of the Base is reliable and relevant.
4.14. The .UA domain administrator does not bear any responsibility for reliability and relevance of the information contained in any record of the Base; the .UA domain administrator pursuant to current ICANN rules and the contracts concluded by the .UA domain administrator, is only responsible for storing of this information, making it accessible to the public and ensuring the opportunity for the authorized persons to make changes to the Base.
4.15. The personal record may exist in one of the following two variants:
4.15.1. the record about a natural person (person);
4.15.2. the record about a legal person (organization). Within the framework of the present Policy the term "personal record" shall imply any of these variants, except as expressly otherwise provided.
4.16. The record about a natural person has the following fields:
4.16.1. Person: the name, second name and last name of the natural person. Obligatory field, one line.
4.16.2. Address: the mailing address of the person pursuant to the internationally accepted form. Obligatory field, one or more lines.
4.16.3. Phone: the contact telephone number of the person in the international format. Optional field, one or more lines, one number in a line.
4.16.4. Fax-no: the telefax number in the international format. Optional field, one or more lines, one number in a line.
4.16.5. e-mail: the address(es) of the person's electronic mail. Obligatory field, one or more lines, one address in a line.
4.16.6. Nic-hdl: the unique code of the person in the Base (is assigned by the Base at the first entry of the record about the person into the Base). Obligatory field, one line.
4.16.7. Mnt-by: nic-hdl in the Base that points to the registrar that services this person and is entitled to introduce changes to the record. Obligatory field, one or more lines.
4.16.8. Notify: an additional e-mail address; the Base sends messages about changes made to the record to this address. Optional field, one or more lines.
4.16.9. Remark: an additional information at the registrant's request in a free form. Optional field, one or more lines.
4.16.10. Changed: nic-hdl in the Base of the person who was the last to make changes to the record and the date of introduction of these changes in the YYYYMMDDhhmmss format. Obligatory field, one line.
4.16.11. Source: a conditional name of the Base that identifies the Base among the other existing systems intended for a similar purpose. Obligatory field, one line, field value --а-а - always a text string "UANIC".
4.17. The record about a legal person (organization) has the following fields:
4.17.1. Organization: the full official name of the legal person. Obligatory field, one or more lines.
4.17.2. Address: the mailing address of the legal person pursuant to the internationally accepted form. Obligatory field, one or more lines.
4.17.3. Phone: the contact telephone number of the legal person in the international format. Obligatory field, one or more lines, one number in a line.
4.17.4. Fax-no: the telefax number of the legal person in the international format. Optional field, one or more lines, one number in a line.
4.17.5. e-mail: the address(es) of the legal person's electronic mail. Obligatory field, one or more lines, one address in a line.
4.17.6. Org-id: the unique аВа-ааВа-аВа-аВа-аВа-аВа-т code of the legal person. Obligatory field, one line.
4.17.7. Nic-hdl: the unique code of the legal person in the Base (is assigned by the Base at the first entry of the record about this legal person into the Base). Obligatory field, one line.
4.17.8. Mnt-by: nic-hdl in the Base that points to the registrar that services this legal person and is entitled to introduce changes to the record. Obligatory field, one or more lines.
4.17.9. Notify: an additional e-mail address; the Base sends messages to this address about changes made to the record. Optional field, one or more lines.
4.17.10. Remark: an additional information at the registrant's request in a free form. Optional field, one or more lines.
4.17.11. Changed: nic-hdl in the Base of the person who was the last to make changes to the record and the date of introduction of these changes in the YYYYMMDDhhmmss format. Obligatory field, one line.
4.17.12. Source: a conditional name of the Base that identifies the Base among the other existing systems intended for a similar purpose. Obligatory field, one line, field value --а-а - always a text string "UANIC".
4.18. The record about a domain name has the following fields:
4.18.1. Domain: the domain name. Obligatory field, one line.
4.18.2. Admin-c: nic-hdl of the person --а-а - registrant of the domain name in the Base. Obligatory field, one line.
4.18.3. Tech-c: nic-hdl in the Base of the person who will be responsible for technical maintenance of the newly created domain. It may refer, for example, to a system administrator of the registrar. A domain may have more than one tech-c. Obligatory field, one or more lines.
4.18.4. Status: the status of the domain name (see Cl. 4.19 of the present Policy). Obligatory field, one line.
4.18.5. Dom-public: the category of the domain name. The "YES" label in this field means that the domain is public, the "NO" label --а-а - that the domain is private. Obligatory field, one line.
4.18.6. License: the number of the TM Certificate, issued by the central executive authority dealing with issues of legal protection of intellectual property, the period of its validity and other information about the TM in textual representation, in case the spelling or pronunciation of the full domain name or its first component (before the first character "."not including it) coincides with the TM registered in Ukraine, with regard to which the registrant of this domain name has the rights of use on the territory of Ukraine. Optional field, one line.
4.18.7. Nserver: hostname of the domain name server ensuring service availability of the domain name. Obligatory field, not less than two lines, each line pointing to a separate server in different physical locations.
4.18.8. Mnt-by: nic-hdl in the Base that points to the registrar that services the domain name and is entitled to introduce changes to the record. Obligatory field, one line.
4.18.9. Notify: an additional e-mail address; the Base sends messages about changes made to the record to this address. Optional field, one or more lines.
4.18.10. Remark: an additional information at the registrant's request in a free form. Optional field, one or more lines.
4.18.11. Changed: nic-hdl in the Base of the person who was the last to make changes to the record and the date of introduction of these changes in the YYYYMMDDhhmmss format. Obligatory field, one line.
4.18.12. Source: a conditional name of the Base that identifies the Base among the other existing systems intended for a similar purpose. Obligatory field, one line, field value --а-а - always a text string "UANIC".
4.19. A domain name may have the following values of the Status field:
4.19.1. QUEUED YYYYMMDDhhmmss - the request submitted by the registrar in the format of the record about the domain name is in the input queue; it has been queued at the moment specified by the date.
4.19.2. CHECKED --а-а - the request is being processed and its syntax, correctness and service availability is being checked pursuant to Cl. 2.17 and Article 5 of the present Policy.
4.19.3. SUSPENDED --а-а - the processing of the request has been suspended pursuant to Cl. 2.19 of the present Policy.
4.19.4. REFUSED N.NN.N --а-а - the public domain administrator has refused domain name delegation pursuant to Cl. N.NN.N of the present Policy (see Cl. 2.17. of the present Policy).
4.19.5. RECALLED YYYYMMDDhhmmss --а-а - the request has been recalled from the input queue at own request of the registrant.
4.19.6. OK-UNTIL YYYYMMDDhhmmss --а-а - the domain name has been delegated, the term of delegation --а-а - until the specified date.
4.19.7. HOLD-SINCE YYYYMMDDhhmmss --а-а - the delegation of the domain name and any changes to the record about the domain name have been held from the specified date and until the administrator's decision or until he receives the corresponding court decision with regard to this domain name.
4.19.8. FROZEN-OK-UNTIL YYYYMMDDhhmmss --а-а - the domain name has been delegated, the term of delegation --а-а - until the specified date, but any changes to the record about this domain name have been frozen by the administrator until the administrator's decision or until he receives the corresponding court decision with regard to this domain name.
4.19.9. CANCELLED YYYYMMDDhhmmss --а-а - the domain name delegation has been canceled from the specified date, the domain name is free.

5. THE DOMAIN NAME SERVICE AVAILABILITY CHECKING PROCEDURE.

5.1. The public domain administrator checks the service availability of the delegated domain name with the help of the software that checks the availability of the name servers specified in the request and checks if they have information about this domain name.
5.2. The checking is considered successfully completed if at the moment of checking all name servers specified in the request respond to the DNS protocol query about the availability of the SOA-record of the domain name confirming the availability of this SOA-record, and the contents of the SOA-record at all name servers is identical.
5.3. In order to prevent the results of the checking from being influenced by temporary and random factors, the checking is performed pursuant to the following procedure:
5.3.1. Each attempt from at least three Internet-hosts, connected to different autonomous systems.
5.3.2. The attempts are repeated at growing intervals of time within 24 hours from the moment of beginning of the checking until the positive result is achieved:
+0:00' - the moment of beginning of the checking;
+0:30' - the second attempt;
+1:30'
+3:00'
+6:00'
+18:00'
+23:59' --а-а - the last attempt of the checking.
The protocols of each attempt are sent via e-mail to technical contacts of the public domain, in which the corresponding domain name is delegated, and to technical contacts of the registrar of this domain name.

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