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
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
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.
Mandatory Administrative Proceeding.
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.
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
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;
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
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
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.
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.
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.
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.
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.
We reserve the right to modify this Policy at any time with the permission of
ICANN. We will post our revised Policy at www.netregister.biz/dispute.htm 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