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Uniform Domain Name Dispute Resolution Policy
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(As Approved by ICANN on October 24, 1999)
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1. purpose |
| This Uniform Domain Name Dispute Resolution
Policy (the "Policy") has been adopted by the Internet
Corporation for Assigned Names and Numbers ("ICANN"), is
incorporated by reference into your Registration Agreement, and
sets forth the terms and conditions in connection with a dispute
between you and any party other than us (the registrar) over the
registration and use of an Internet domain name registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute Resolution
Policy (the "Rules of Procedure"), which are available
at dispute
policy, and the selected administrative-dispute-resolution
service provider's supplemental rules. |
2. your representations |
| By applying to register a domain name, or by
asking us to maintain or renew a domain name registration, you
hereby represent and warrant to us that (a) the statements that
you made in your Registration Agreement are complete and accurate;
(b) to your knowledge, the registration of the domain name will
not infringe upon or otherwise violate the rights of any third
party; (c) you are not registering the domain name for an unlawful
purpose; and (d) you will not knowingly use the domain name in
violation of any applicable laws or regulations. It is your
responsibility to determine whether your domain name registration
infringes or violates someone else's rights. |
3. cancellations, transfers, and changes |
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We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:
- subject to the provisions of Paragraph 8, our receipt of
written or appropriate electronic instructions from you or
your authorized agent to take such action;
- our receipt of an order from a court or arbitral tribunal,
in each case of competent jurisdiction, requiring such action;
and/or
- our receipt of a decision of an Administrative Panel
requiring such action in any administrative proceeding to
which you were a party and which was conducted under this
Policy or a later version of this Policy adopted by ICANN.
(See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a
domain name registration in accordance with the terms of your
Registration Agreement or other legal requirements.
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4. mandatory administrative proceeding |
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This Paragraph sets forth the type of disputes for which you
are required to submit to a mandatory administrative proceeding.
These proceedings will be conducted before one of the
administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
- Applicable Disputes. You are required to submit to a
mandatory administrative proceeding in the event that a
third party (a "complainant") asserts to the
applicable Provider, in compliance with the Rules of
Procedure, that
- your domain name is identical or confusingly similar
to a trademark or service mark in which the complainant
has rights; and
- you have no rights or legitimate interests in respect
of the domain name; and
- your domain name has been registered and is being used
in bad faith.
In the administrative proceeding, the complainant must prove
that each of these three elements are present.
- Evidence of Registration and Use in Bad Faith. For the
purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if
found by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith:
- circumstances indicating that you have registered or
you have acquired the domain name primarily for the
purpose of selling, renting, or otherwise transferring
the domain name registration to the complainant who is
the owner of the trademark or service mark or to a
competitor of that complainant, for valuable
consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or
- you have registered the domain name in order to
prevent the owner of the trademark or service mark from
reflecting the mark in a corresponding domain name,
provided that you have engaged in a pattern of such
conduct; or
- you have registered the domain name primarily for the
purpose of disrupting the business of a competitor; or
- by using the domain name, you have intentionally
attempted to attract, for commercial gain, Internet
users to your web site or other on-line location, by
creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location
or of a product or service on your web site or location.
- How to Demonstrate Your Rights to and Legitimate Interests
in the Domain Name in Responding to a Complaint. When you
receive a complaint, you should refer to Paragraph 5 of the
Rules of Procedure in determining how your response should
be prepared. Any of the following circumstances, in
particular but without limitation, if found by the Panel to
be proved based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests to the
domain name for purposes of Paragraph 4(a)(ii):
- before any notice to you of the dispute, your use of,
or demonstrable preparations to use, the domain name or
a name corresponding to the domain name in connection
with a bona fide offering of goods or services; or
- you (as an individual, business, or other
organization) have been commonly known by the domain
name, even if you have acquired no trademark or service
mark rights; or
- you are making a legitimate non-commercial or fair use
of the domain name, without intent for commercial gain
to misleadingly divert consumers or to tarnish the
trademark or service mark at issue.
- Selection of Provider. The complainant shall select the
Provider from among those approved by ICANN by submitting
the complaint to that Provider. The selected Provider will
administer the proceeding, except in cases of consolidation
as described in Paragraph 4(f).
- Initiation of Proceeding and Process and Appointment of
Administrative Panel. The Rules of Procedure state the
process for initiating and conducting a proceeding and for
appointing the panel that will decide the dispute (the
"Administrative Panel").
- Consolidation. In the event of multiple disputes between
you and a complainant, either you or the complainant may
petition to consolidate the disputes before a single
Administrative Panel. This petition shall be made to the
first Administrative Panel appointed to hear a pending
dispute between the parties. This Administrative Panel may
consolidate before it any or all such disputes in its sole
discretion, provided that the disputes being consolidated
are governed by this Policy or a later version of this
Policy adopted by ICANN.
- Fees. All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant to this
Policy shall be paid by the complainant, except in cases
where you elect to expand the Administrative Panel from one
to three panelists as provided in Paragraph 5(b)(iv) of the
Rules of Procedure, in which case all fees will be split
evenly by you and the complainant.
- Our Involvement in Administrative Proceedings. We do not,
and will not, participate in the administration or conduct
of any proceeding before an Administrative Panel. In
addition, we will not be liable as a result of any decisions
rendered by the Administrative Panel.
- Remedies. The remedies available to a complainant pursuant
to any proceeding before an Administrative Panel shall be
limited to requiring the cancellation of your domain name or
the transfer of your domain name registration to the
complainant.
- Notification and Publication. The Provider shall notify us
of any decision made by an Administrative Panel with respect
to a domain name you have registered with us. All decisions
under this Policy will be published in full over the
Internet, except when an Administrative Panel determines in
an exceptional case to redact portions of its decision.
- Availability of Court Proceedings. The mandatory
administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the complainant
from submitting the dispute to a court of competent
jurisdiction for independent resolution before such
mandatory administrative proceeding is commenced or after
such proceeding is concluded. If an Administrative Panel
decides that your domain name registration should be
canceled or transferred, we will wait ten (10) business days
(as observed in the location of our principal office) after
we are informed by the applicable Provider of the
Administrative Panel's decision before implementing that
decision. We will then implement the decision unless we have
received from you during that ten (10) business day period
official documentation (such as a copy of a complaint,
file-stamped by the clerk of the court) that you have
commenced a lawsuit against the complainant in a
jurisdiction to which the complainant has submitted under
Paragraph 3(b)(xiii) of the Rules of Procedure. (In general,
that jurisdiction is either the location of our principal
office or of your address as shown in our Whois database.
See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure
for details.) If we receive such documentation within the
ten (10) business day period, we will not implement the
Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of
a resolution between the parties; (ii) evidence satisfactory
to us that your lawsuit has been dismissed or withdrawn; or
(iii) a copy of an order from such court dismissing your
lawsuit or ordering that you do not have the right to
continue to use your domain name.
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5. All other disputes and litigation |
| All other disputes between you and any party
other than us regarding your domain name registration that are not
brought pursuant to the mandatory administrative proceeding
provisions of Paragraph 4 shall be resolved between you and such
other party through any court, arbitration or other proceeding
that may be available. |
6. our involvement in disputes |
| We will not participate in any way in any
dispute between you and any party other than us regarding the
registration and use of your domain name. You shall not name us as
a party or otherwise include us in any such proceeding. In the
event that we are named as a party in any such proceeding, we
reserve the right to raise any and all defenses deemed
appropriate, and to take any other action necessary to defend
ourselves. |
7. maintaining the status quo |
| We will not cancel, transfer, activate,
deactivate, or otherwise change the status of any domain name
registration under this Policy except as provided in Paragraph 3
above. |
8. transfers during a dispute |
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Transfers of a Domain Name to a New Holder
You may not transfer your domain name registration to another
holder (i) during a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period of fifteen (15) business
days (as observed in the location of our principal place of
business) after such proceeding is concluded; or (ii) during a
pending court proceeding or arbitration commenced regarding your
domain name unless the party to whom the domain name registration
is being transferred agrees, in writing, to be bound by the
decision of the court or arbitrator. We reserve the right to
cancel any transfer of a domain name registration to another
holder that is made in violation of this subparagraph.
Changing Registrars
You may not transfer your domain name registration to another
registrar during a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period of fifteen (15) business
days (as observed in the location of our principal place of
business) after such proceeding is concluded. You may transfer
administration of your domain name registration to another
registrar during a pending court action or arbitration, provided
that the domain name you have registered with us shall continue to
be subject to the proceedings commenced against you in accordance
with the terms of this Policy. In the event that you transfer a
domain name registration to us during the pendency of a court
action or arbitration, such dispute shall remain subject to the
domain name dispute policy of the registrar from which the domain
name registration was transferred.
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9. policy modifications |
| We reserve the right to modify this Policy at
any time with the permission of ICANN. We will post our revised
Policy at this location at least thirty (30) calendar days before
it becomes effective. Unless this Policy has already been invoked
by the submission of a complaint to a Provider, in which event the
version of the Policy in effect at the time it was invoked will
apply to you until the dispute is over, all such changes will be
binding upon you with respect to any domain name registration
dispute, whether the dispute arose before, on or after the
effective date of our change. In the event that you object to a
change in this Policy, your sole remedy is to cancel your domain
name registration with us, provided that you will not be entitled
to a refund of any fees you paid to us. The revised Policy will
apply to you until you cancel your domain name registration. |
Revised: 7/11/2006
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