| .Biz
registration restrictions.
The
.biz Top Level Domain (TLD) will be subject to the following restrictions:
.biz must be used or intended to be used primarily for bona fide business
or commercial purposes; and
.biz must comply with the Uniform
Dispute Resolution Policy ("UDRP"), as adopted and as may be amended by
the Internet Corporation of Assigned Names and Numbers. For proceedings initiated
before the Commencement-of-Service Date, a modified version of the UDRP, known
as the Start-Up
Trademark Opposition Policy ("STOP") will apply. For
purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business
or commercial use" shall mean the bona fide use or bona fide intent to use the
domain name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through
the DNS:
To exchange goods, services, or property of any kind; In the
ordinary course of trade or business; or To facilitate (i) the exchange of goods,
services, information, or property of any kind; or, (ii) the ordinary course of
trade or business.
Registering a domain name solely for the purposes
of (1) selling, trading or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain name for compensation
shall not constitute a "bona fide business or commercial use" of that domain name.
For illustration purposes, the following shall not constitute a "bona fide
business or commercial use" of a domain name:
Using or intending to use
the domain name exclusively for personal, noncommercial purposes; or Using or
intending to use the domain name exclusively for the expression of noncommercial
ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express
an opinion on the products or services of ABC company, with no other intended
business or commercial purpose).
Violations
It will be a
violation of the Restrictions for an Applicant to: register or use a domain name
contrary to the STOP
; register and use a domain name contrary to the UDRP
; or use the registered domain name in a manner inconsistent with the definition
of "business or commercial use" contained herein. Violations of the Restrictions
may be grounds for cancellation of a registered .biz domain name, pursuant to
the enforcement mechanism discussed below.
Enforcement
A violation
of the Restrictions will be enforced on a case-by-case, fact specific basis under
the processes set forth below: Any allegation that a domain name is not used primarily
for business or commercial purposes shall be enforced under the provisions of
the Restrictions Dispute
Resolution Process ("RDRP"). Any alleged violation of the UDRP
or STOP
shall be enforced under the provisions contained therein. None of the violations
of the Restrictions will be enforced directly by or through Registry Operator.
The RDRP,
UDRP , and STOP
will be made applicable by the Total Registrations registration agreements
with registrant. Proceedings under the RDRP, UDRP, and STOP must be brought by
interested third parties in accordance with the policies and procedures set forth.
Registry Operator will not review, monitor, or otherwise verify that any particular
domain name is being used primarily for business or commercial purposes or that
a domain name is being used in compliance with these processes.
Registration
Requirements
Before the Registry Operator will accept applications for
registration, all domain name applicants in the .biz TLD ("Applicants") must:
Enter into an electronic or paper registration agreement with Total Registrations,
in accordance with the ICANN Registrar Accreditation Agreement ("Accreditation
Agreement"). Such electronic or paper registration agreement shall include the
following certifications: The data provided in the domain name registration application
is true, correct, up to date and complete; and The registrant will keep the information
provided above up to date. As part of a domain name registration application,
the Applicant must certify that to the best of its knowledge: The registered domain
name will be used in a manner consistent with the Restrictions above; The domain
name registrant has the authority to enter into the registration agreement; and
The registered domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration. Failure to comply
with the above will result in failure of the Registry Operator to process an Applicant's
domain name application.
Reservation
Registry
Operator reserves the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of Registry Operator,
as well as its affiliates, subsidiaries, officers, directors and employees. Registry
Operator also reserves the right to freeze a domain name during resolution of
a dispute. |
