(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
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.
|