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Wednesday, October 9, 2024 |
UNIFORM DOMAIN NAME DISPUTE
POLICY
Approved by ICANN: October 24, 1999
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.
- Purpose
- Your Representations
- Cancellations
- Mandatory Administrative Proceeding
- All Other Disputes and Litigation
- Our Involvement in Disputes
- Maintaining the Status Quo
- Transfers During a Dispute
- Policy Modifications
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.
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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
- the statements that you made in your Registration Agreement are complete and accurate;
- to your knowledge, the registration of the domain name will not infringe upon or
otherwise violate the rights of any third party;
- you are not registering the domain name for an unlawful purpose; and
- 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 under http://www.icann.org/udrp/approved-providers.htm.
- 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.
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:
- 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
- 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; or
- 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
- evidence satisfactory to us of a resolution between the parties;
- evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or
- 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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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.
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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
- 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
- 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 at this 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.
Additional information regarding the Uniform Domain Name Dispute Resolution Policy
& Rules may be found at http://www.icann.org/udrp/udrp.htm.
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