ICANN | Uniform Domain Name Dispute Resolution = Policy

From: "Saved by Windows Internet Explorer 7" Subject: ICANN | Uniform Domain Name Dispute Resolution Policy Date: Mon, 28 Apr 2008 20:30:03 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C8A96E.A3706D10" X-MimeOLE: Produced By Microsoft MimeOLE V6.0.6001.18000 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C8A96E.A3706D10 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.icann.org/dndr/udrp/policy.htm =EF=BB=BF ICANN | Uniform Domain Name Dispute Resolution = Policy

Uniform Domain Name
Dispute Resolution=20 Policy

Policy Adopted: August 26, 1999
Implementation Documents = Approved:=20 October 24, 1999

Notes:

1. This policy is now in effect. See www.icann.org/udrp/u= drp-schedule.htm=20 for the implementation schedule.

2. This policy has been adopted by all accredited = domain-name=20 registrars for domain names ending in .com, .net, and .org. It = has also=20 been adopted by certain managers of country-code top-level = domains=20 (e.g., .nu, .tv, .ws).

3. The policy is between the registrar (or other = registration=20 authority in the case of a country-code top-level domain) and = its=20 customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" to refer to = the=20 registrar and it uses "you" and "your" to refer to the = domain-name=20 holder.

Uniform Domain Name Dispute = Resolution=20 Policy

(As Approved by ICANN on October 24, 1999)

1. Purpose. = This Uniform=20 Domain Name Dispute Resolution Policy (the "Policy") has been = adopted by=20 the Internet Corporation for Assigned Names and Numbers ("ICANN"), = is=20 incorporated by reference into your Registration Agreement, and = sets forth=20 the terms and conditions in connection with a dispute between you = and any=20 party other than us (the registrar) over the registration and use = of an=20 Internet domain name registered by you. Proceedings under Paragraph = 4 of this=20 Policy will be conducted according to the Rules for Uniform Domain = Name=20 Dispute Resolution Policy (the "Rules of Procedure"), which are = available=20 at http://www.ican= n.org/dndr/udrp/uniform-rules.htm,=20 and the selected administrative-dispute-resolution service = provider's=20 supplemental rules.

2. Your Representations.=20 By applying to register a domain name, or by asking us to maintain = or=20 renew a domain name registration, you hereby represent and warrant = to us=20 that (a) the statements that you made in your Registration = Agreement are=20 complete and accurate; (b) to your knowledge, the registration of = the=20 domain name will not infringe upon or otherwise violate the rights = of any=20 third party; (c) you are not registering the domain name for an = unlawful=20 purpose; and (d) you will not knowingly use the domain name in = violation=20 of any applicable laws or regulations. It is your responsibility = to=20 determine whether your domain name registration infringes or = violates=20 someone else's rights.

3. Cancellations, = Transfers, and=20 Changes. We will cancel, = transfer or=20 otherwise make changes to domain name registrations under the = following=20 circumstances:

a. subject to the provisions of Paragraph = 8, our=20 receipt of written or appropriate electronic instructions from = you or=20 your authorized agent to take such action;

b. our receipt of an order from a court or = arbitral=20 tribunal, in each case of competent jurisdiction, requiring such = action;=20 and/or

c. our receipt of a = decision of an=20 Administrative Panel requiring such action in any administrative = proceeding to which you were a party and which was conducted = under this=20 Policy or a later version of this Policy adopted by ICANN. (See = Paragraph = 4(i)=20 and (k)=20 below.)

We may also cancel, = transfer or=20 otherwise make changes to a domain name registration in accordance = with=20 the terms of your Registration Agreement or other legal=20 requirements.

4. Mandatory = Administrative=20 Proceeding.

This Paragraph sets forth the type of = disputes for=20 which you are required to submit to a mandatory administrative = proceeding.=20 These proceedings will be conducted before one of the=20 administrative-dispute-resolution service providers listed at http://www= .icann.org/dndr/udrp/approved-providers.htm=20 (each, a "Provider").

a. Applicable=20 Disputes. You are required to = submit to a=20 mandatory administrative proceeding in the event that a third = party (a=20 "complainant") asserts to the applicable Provider, in compliance = with=20 the Rules of Procedure, that

(i) your domain name = is identical=20 or confusingly similar to a trademark or service mark in which = the=20 complainant has rights; and

(ii) you have no = rights or=20 legitimate interests in respect of the domain name; = and

(iii) your domain = name has been=20 registered and is being used in bad = faith.

In the administrative = proceeding,=20 the complainant must prove that each of these three elements are = present.

b. Evidence of = Registration and=20 Use in Bad Faith. For the purposes = of Paragraph=20 4(a)(iii), the following circumstances, in particular but = without=20 limitation, if found by the Panel to be present, shall be = evidence of=20 the registration and use of a domain name in bad = faith:

(i) circumstances = indicating that=20 you have registered or you have acquired the domain name = primarily for=20 the purpose of selling, renting, or otherwise transferring the = domain=20 name registration to the complainant who is the owner of the = trademark=20 or service mark or to a competitor of that complainant, for = valuable=20 consideration in excess of your documented out-of-pocket costs = directly related to the domain name; or

(ii) you have = registered the=20 domain name in order to prevent the owner of the trademark or = service=20 mark from reflecting the mark in a corresponding domain name, = provided=20 that you have engaged in a pattern of such conduct; = or

(iii) you have = registered the=20 domain name primarily for the purpose of disrupting the = business of a=20 competitor; or

(iv) by using the = domain name,=20 you have intentionally attempted to attract, for commercial = gain,=20 Internet users to your web site or other on-line location, by = creating=20 a likelihood of confusion with the complainant's mark as to = the=20 source, sponsorship, affiliation, or endorsement of your web = site or=20 location or of a product or service on your web site or=20 location.

c. How to Demonstrate = Your Rights=20 to and Legitimate Interests in the Domain Name in Responding to = a=20 Complaint. When you receive a = complaint, you=20 should refer to Paragraph=20 5 of the Rules of Procedure in determining how your response = should=20 be prepared. Any of the following circumstances, in particular = but=20 without limitation, if found by the Panel to be proved based on = its=20 evaluation of all evidence presented, shall demonstrate your = rights or=20 legitimate interests to the domain name for purposes of Paragraph=20 4(a)(ii):

(i) before any notice = to you of=20 the dispute, your use of, or demonstrable preparations to use, = the=20 domain name or a name corresponding to the domain name in = connection=20 with a bona fide offering of goods or services; or

(ii) you (as an = individual,=20 business, or other organization) have been commonly known by = the=20 domain name, even if you have acquired no trademark or service = mark=20 rights; or

(iii) you are making = a=20 legitimate noncommercial or fair use of the domain name, = without=20 intent for commercial gain to misleadingly divert consumers or = to=20 tarnish the trademark or service mark at = issue.

d. Selection of=20 Provider. The complainant shall = select the=20 Provider from among those approved by ICANN by submitting the = complaint=20 to that Provider. The selected Provider will administer the = proceeding,=20 except in cases of consolidation as described in Paragraph=20 4(f).

e. Initiation of = Proceeding and=20 Process and Appointment of Administrative Panel. The Rules of Procedure state the process for = initiating and=20 conducting a proceeding and for appointing the panel that will = decide=20 the dispute (the "Administrative Panel").

f. = Consolidation. In the event of multiple disputes between you and = a=20 complainant, either you or the complainant may petition to = consolidate=20 the disputes before a single Administrative Panel. This petition = shall=20 be made to the first Administrative Panel appointed to hear a = pending=20 dispute between the parties. This Administrative Panel may = consolidate=20 before it any or all such disputes in its sole discretion, = provided that=20 the disputes being consolidated are governed by this Policy or a = later=20 version of this Policy adopted by ICANN.

g. = Fees. All fees charged by a Provider in connection with = any=20 dispute before an Administrative Panel pursuant to this Policy = shall be=20 paid by the complainant, except in cases where you elect to = expand the=20 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=20 split evenly by you and the complainant.

h. Our Involvement in=20 Administrative Proceedings. We do = not, and=20 will not, participate in the administration or conduct of any = proceeding=20 before an Administrative Panel. In addition, we will not be = liable as a=20 result of any decisions rendered by the Administrative = Panel.

i. = Remedies. The remedies available to a complainant pursuant = to any=20 proceeding before an Administrative Panel shall be limited to = requiring=20 the cancellation of your domain name or the transfer of your = domain name=20 registration to the complainant.

j. Notification and=20 Publication. The Provider shall = notify us of=20 any decision made by an Administrative Panel with respect to a = domain=20 name you have registered with us. All decisions under this = Policy will=20 be published in full over the Internet, except when an = Administrative=20 Panel determines in an exceptional case to redact portions of = its=20 decision.

k. Availability of = Court=20 Proceedings. The mandatory = administrative=20 proceeding requirements set forth in Paragraph = 4 shall=20 not prevent either you or the complainant from submitting the = dispute to=20 a court of competent jurisdiction for independent resolution = before such=20 mandatory administrative proceeding is commenced or after such=20 proceeding is concluded. If an Administrative Panel decides that = your=20 domain name registration should be canceled or transferred, we = will wait=20 ten (10) business days (as observed in the location of our = principal=20 office) after we are informed by the applicable Provider of the=20 Administrative Panel's decision before implementing that = decision. We=20 will then implement the decision unless we have received from = you during=20 that ten (10) business day period official documentation (such = as a copy=20 of a complaint, file-stamped by the clerk of the court) that you = have=20 commenced a lawsuit against the complainant in a jurisdiction to = which=20 the complainant has submitted under Paragrap= h=20 3(b)(xiii) of the Rules of Procedure. (In general, that = jurisdiction=20 is either the location of our principal office or of your = address as=20 shown in our Whois database. See Paragraphs=20 1 and 3(b)(xii= i)=20 of the Rules of Procedure for details.) If we receive such = documentation=20 within the ten (10) business day period, we will not implement = the=20 Administrative Panel's decision, and we will take no further = action,=20 until we receive (i) evidence satisfactory to us of a resolution = between=20 the parties; (ii) evidence satisfactory to us that your lawsuit = has been=20 dismissed or withdrawn; or (iii) a copy of an order from such = court=20 dismissing your lawsuit or ordering that you do not have the = right to=20 continue to use your domain name.

5. All Other Disputes = and=20 Litigation. All other disputes = between you=20 and any party other than us regarding your domain name = registration that=20 are not brought pursuant to the mandatory administrative = proceeding=20 provisions of Paragraph = 4 shall=20 be resolved between you and such other party through any court,=20 arbitration or other proceeding that may be available.

6. Our Involvement in=20 Disputes. We will not = participate in any=20 way in any dispute between you and any party other than us = regarding the=20 registration and use of your domain name. You shall not name us as = a party=20 or otherwise include us in any such proceeding. In the event that = we are=20 named as a party in any such proceeding, we reserve the right to = raise any=20 and all defenses deemed appropriate, and to take any other action=20 necessary to defend ourselves.

7. Maintaining the = Status=20 Quo. We will not cancel, = transfer,=20 activate, deactivate, or otherwise change the status of any domain = name=20 registration under this Policy except as provided in Paragraph = 3=20 above.

8. Transfers During a=20 Dispute.

a. Transfers of a = Domain Name to a=20 New Holder. You may not transfer = your domain=20 name registration to another holder (i) during a pending = administrative=20 proceeding brought pursuant to Paragraph = 4 or=20 for a period of fifteen (15) business days (as observed in the = location=20 of our principal place of business) after such proceeding is = concluded;=20 or (ii) during a pending court proceeding or arbitration = commenced=20 regarding your domain name unless the party to whom the domain = name=20 registration is being transferred agrees, in writing, to be = bound by the=20 decision of the court or arbitrator. We reserve the right to = cancel any=20 transfer of a domain name registration to another holder that is = made in=20 violation of this subparagraph.

b. Changing=20 Registrars. You may not transfer = your domain=20 name registration to another registrar during a pending = administrative=20 proceeding brought pursuant to Paragraph = 4 or=20 for a period of fifteen (15) business days (as observed in the = location=20 of our principal place of business) after such proceeding is = concluded.=20 You may transfer administration of your domain name registration = to=20 another registrar during a pending court action or arbitration, = provided=20 that the domain name you have registered with us shall continue = to be=20 subject to the proceedings commenced against you in accordance = with the=20 terms of this Policy. In the event that you transfer a domain = name=20 registration to us during the pendency of a court action or = arbitration,=20 such dispute shall remain subject to the domain name dispute = policy of=20 the registrar from which the domain name registration was=20 transferred.

9. Policy=20 Modifications. We reserve the = right to=20 modify this Policy at any time with the permission of ICANN. We = will post=20 our revised Policy at <URL> at least thirty (30) calendar = days=20 before it becomes effective. Unless this Policy has already been = invoked=20 by the submission of a complaint to a Provider, in which event the = version=20 of the Policy in effect at the time it was invoked will apply to = you until=20 the dispute is over, all such changes will be binding upon you = with=20 respect to any domain name registration dispute, whether the = dispute arose=20 before, on or after the effective date of our change. In the event = that=20 you object to a change in this Policy, your sole remedy is to = cancel your=20 domain name registration with us, provided that you will not be = entitled=20 to a refund of any fees you paid to us. The revised Policy will = apply to=20 you until you cancel your domain name registration.

Comments concerning the = layout,=20 construction and functionality of this site
should be sent to = webmaster@icann.org.=20

Page Updated 17-May-2002
=C2=A92000, = 2002 The=20 Internet Corporation for Assigned Names and Numbers. All rights = reserved.=20

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