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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 http://www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
supplemental rules.
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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.
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3.Cancellations,
Transfers, and Changes
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
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 (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.
- 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 online 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): (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.
- 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.
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6Our
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.
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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.
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8.Transfers
During a Dispute
- 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 on this page
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.
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| (As Approved
by ICANN on October 24, 1999) |
Domain
Registration
Disclaimer | Agreement
| Dispute Policy | .biz
Agreement | .info Agreement |
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