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Notes:
1. This policy is now in effect. See
www.icann.org/udrp/udrp-schedule.htm for the implementation
schedule.
2. This policy has been adopted by all
accredited domain-name registrars for domain names ending in .com, .net,
and .org. It has also been adopted by certain managers of country-code
top-level domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or
other registration authority in the case of a country-code top-level
domain) and its customer (the domain-name holder or registrant).
Thus, the policy uses "we" and "our"
to refer to the registrar and it uses "you" and "your" to refer to the
domain-name holder.
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Uniform Domain Name Dispute Resolution
Policy
(As Approved by ICANN on October 24, 1999)
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
www.icann.org/udrp/udrp-rules-24oct99.htm, 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.
We will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances:
a. 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;
b. our receipt of an order from a court or
arbitral tribunal, in each case of competent jurisdiction, requiring
such action; and/or
c. 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.
4. Mandatory Administrative Proceeding.
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
www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. 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
(i) your domain name is identical or confusingly
similar to a trademark or service mark in which the complainant has
rights; and
(ii) you have no rights or legitimate interests
in respect of the domain name; and
(iii) 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.
b. 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:
(i) 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
(ii) 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
(iii) you have registered the domain name
primarily for the purpose of disrupting the business of a competitor;
or
(iv) 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.
c. 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):
(i) 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
(ii) 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
(iii) you are making a legitimate noncommercial
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.
d. 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).
e. 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").
f. 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.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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.
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.
a. 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.
b. 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.
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 <URL> 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. |