DOMAIN DISPUTE POLICY
1.
Policy
2. The Rules
3. Approved Providers
The Policy
The policy is between the
registrar 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.
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 Domainsnext.com 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 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 below:
Providers
(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 www.Domainsnext.com
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.
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The Rules
Rules for Uniform Domain Name
Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
Administrative proceedings for the
resolution of disputes under the Uniform Dispute Resolution Policy adopted by
ICANN shall be governed by these Rules and also the Supplemental Rules of the
Provider administering the proceedings, as posted on its web site.
1.
Definitions
In these Rules:
Complainant means the party
initiating a complaint concerning a domain-name registration.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction at the location of either
(a) the principal office of the Registrar (provided the domain-name holder has
submitted in its Registration Agreement to that jurisdiction for court
adjudication of disputes concerning or arising from the use of the domain name)
or (b) the domain-name holder's address as shown for the registration of the
domain name in Registrar's Whois database at the time the complaint is submitted
to the Provider.
Panel means an administrative panel appointed by a Provider to decide a
complaint concerning a domain-name registration.
Panelist means an individual appointed by a Provider to be a member of a
Panel.
Party means a Complainant or a Respondent.
Policy means the Uniform Domain Name Dispute Resolution Policy that is
incorporated by reference and made a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved by ICANN. A
list of such Providers appears at www.icann.org/udrp/approved-providers.htm.
Registrar means the entity with which the Respondent has registered a
domain name that is the subject of a complaint.
Registration Agreement means the agreement between a Registrar and a
domain-name holder.
Respondent means the holder of a domain-name registration against which a
complaint is initiated.
Reverse Domain Name Hijacking means using the Policy in bad faith to
attempt to deprive a registered domain-name holder of a domain name.
Supplemental Rules means the rules adopted by the Provider administering
a proceeding to supplement these Rules. Supplemental Rules shall not be
inconsistent with the Policy or these Rules and shall cover such topics as fees,
word and page limits and guidelines, the means for communicating with the
Provider and the Panel, and the form of cover sheets.
2. Communications
(a) When forwarding a complaint to the Respondent, it shall be the
Provider's responsibility to employ reasonably available means calculated to
achieve actual notice to Respondent. Achieving actual notice, or employing the
following measures to do so, shall discharge this responsibility:
(i) sending the complaint to all
postal-mail and facsimile addresses (A) shown in the domain name's registration
data in Registrar's Whois database for the registered domain-name holder, the
technical contact, and the administrative contact and (B) supplied by Registrar
to the Provider for the registration's billing contact; and
(ii) sending the complaint in electronic form (including annexes to the extent
available in that form) by e-mail to:
(A) the e-mail addresses for those technical, administrative, and billing
contacts;
(B) postmaster@<the contested domain name>; and
(C) if the domain name (or "www." followed by the domain name)
resolves to an active web page (other than a generic page the Provider concludes
is maintained by a registrar or ISP for parking domain-names registered by
multiple domain-name holders), any e-mail address shown or e-mail links on that
web page; and
(iii) sending the complaint to any address the Respondent has notified the
Provider it prefers and, to the extent practicable, to all other addresses
provided to the Provider by Complainant under Paragraph 3(b)(v).
(b) Except as provided in
Paragraph 2(a), any written communication to Complainant or Respondent provided
for under these Rules shall be made by the preferred means stated by the
Complainant or Respondent, respectively (see Paragraphs 3(b)(iii) and
5(b)(iii)), or in the absence of such specification
(i) by telecopy or facsimile
transmission, with a confirmation of transmission; or
(ii) by postal or courier service, postage pre-paid and return receipt
requested; or
(iii) electronically via the Internet, provided a record of its transmission is
available.
(c) Any communication to the
Provider or the Panel shall be made by the means and in the manner (including
number of copies) stated in the Provider's Supplemental Rules.
(d) Communications shall be made in the language prescribed in Paragraph
11. E-mail communications should, if practicable, be sent in plaintext.
(e) Either Party may update its contact details by notifying the Provider
and the Registrar.
(f) Except as otherwise provided in these Rules, or decided by a Panel,
all communications provided for under these Rules shall be deemed to have been
made:
(i) if delivered by telecopy or
facsimile transmission, on the date shown on the confirmation of transmission;
or
(ii) if by postal or courier service, on the date marked on the receipt; or
(iii) if via the Internet, on the date that the communication was transmitted,
provided that the date of transmission is verifiable.
(g) Except as otherwise
provided in these Rules, all time periods calculated under these Rules to begin
when a communication is made shall begin to run on the earliest date that the
communication is deemed to have been made in accordance with Paragraph 2(f).
(h) Any communication by
(i) a Panel to any Party shall be
copied to the Provider and to the other Party;
(ii) the Provider to any Party shall be copied to the other Party; and
(iii) a Party shall be copied to the other Party, the Panel and the Provider, as
the case may be.
(i) It shall be the
responsibility of the sender to retain records of the fact and circumstances of
sending, which shall be available for inspection by affected parties and for
reporting purposes.
(j) In the event a Party sending a communication receives notification of
non-delivery of the communication, the Party shall promptly notify the Panel
(or, if no Panel is yet appointed, the Provider) of the circumstances of the
notification. Further proceedings concerning the communication and any response
shall be as directed by the Panel (or the Provider).
3. The Complaint
(a) Any person or entity may initiate an administrative proceeding by
submitting a complaint in accordance with the Policy and these Rules to any
Provider approved by ICANN. (Due to capacity constraints or for other reasons, a
Provider's ability to accept complaints may be suspended at times. In that
event, the Provider shall refuse the submission. The person or entity may submit
the complaint to another Provider.)
(b) The complaint shall be submitted in hard copy and (except to the
extent not available for annexes) in electronic form and shall:
(i) Request that the complaint be
submitted for decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and
telefax numbers of the Complainant and of any representative authorized to act
for the Complainant in the administrative proceeding;
(iii) Specify a preferred method for communications directed to the Complainant
in the administrative proceeding (including person to be contacted, medium, and
address information) for each of (A) electronic-only material and (B) material
including hard copy;
(iv) Designate whether Complainant elects to have the dispute decided by a
single-member or a three-member Panel and, in the event Complainant elects a
three-member Panel, provide the names and contact details of three candidates to
serve as one of the Panelists (these candidates may be drawn from any ICANN-approved
Provider's list of panelists);
(v) Provide the name of the Respondent (domain-name holder) and all information
(including any postal and e-mail addresses and telephone and telefax numbers)
known to Complainant regarding how to contact Respondent or any representative
of Respondent, including contact information based on pre-complaint dealings, in
sufficient detail to allow the Provider to send the complaint as described in
Paragraph 2(a);
(vi) Specify the domain name(s) that is/are the subject of the complaint;
(vii) Identify the Registrar(s) with whom the domain name(s) is/are registered
at the time the complaint is filed;
(viii) Specify the trademark(s) or service mark(s) on which the complaint is
based and, for each mark, describe the goods or services, if any, with which the
mark is used (Complainant may also separately describe other goods and services
with which it intends, at the time the complaint is submitted, to use the mark
in the future.);
(ix) Describe, in accordance with the Policy, the grounds on which the complaint
is made including, in particular,
(1) the
manner in which the domain name(s) is/are identical or confusingly similar to a
trademark or service mark in which the Complainant has rights; and
(2) why the Respondent (domain-name holder) should be
considered as having no rights or legitimate interests in respect of the domain
name(s) that is/are the subject of the complaint; and
(3) why the domain name(s) should be considered as
having been registered and being used in bad faith
(The description should, for elements (2) and (3), discuss any aspects of
Paragraphs 4(b) and 4(c) of the Policy that are applicable. The description
shall comply with any word or page limit set forth in the Provider's
Supplemental Rules.);
(x) Specify, in accordance with the
Policy, the remedies sought;
(xi) Identify any other legal proceedings that have been commenced or terminated
in connection with or relating to any of the domain name(s) that are the subject
of the complaint;
(xii) State that a copy of the complaint, together with the cover sheet as
prescribed by the Provider's Supplemental Rules, has been sent or transmitted to
the Respondent (domain-name holder), in accordance with Paragraph 2(b);
(xiii) State that Complainant will submit, with respect to any challenges to a
decision in the administrative proceeding canceling or transferring the domain
name, to the jurisdiction of the courts in at least one specified Mutual
Jurisdiction;
(xiv) Conclude with the following statement followed by the signature of the
Complainant or its authorized representative:
"Complainant agrees that its claims and remedies concerning the
registration of the domain name, the dispute, or the dispute's resolution shall
be solely against the domain-name holder and waives all such claims and remedies
against (a) the dispute-resolution provider and panelists, except in the case of
deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and
(d) the Internet Corporation for Assigned Names and Numbers, as well as their
directors, officers, employees, and agents."
"Complainant certifies that the information contained in this Complaint is
to the best of Complainant's knowledge complete and accurate, that this
Complaint is not being presented for any improper purpose, such as to harass,
and that the assertions in this Complaint are warranted under these Rules and
under applicable law, as it now exists or as it may be extended by a good-faith
and reasonable argument."; and
(xv) Annex any documentary or other evidence, including a copy of the Policy
applicable to the domain name(s) in dispute and any trademark or service mark
registration upon which the complaint relies, together with a schedule indexing
such evidence.
(c) The complaint may relate
to more than one domain name, provided that the domain names are registered by
the same domain-name holder.
4. Notification of Complaint
(a) The Provider shall review the complaint for administrative compliance
with the Policy and these Rules and, if in compliance, shall forward the
complaint (together with the explanatory cover sheet prescribed by the
Provider's Supplemental Rules) to the Respondent, in the manner prescribed by
Paragraph 2(a), within three (3) calendar days following receipt of the fees to
be paid by the Complainant in accordance with Paragraph 19.
(b) If the Provider finds the complaint to be administratively deficient,
it shall promptly notify the Complainant and the Respondent of the nature of the
deficiencies identified. The Complainant shall have five (5) calendar days
within which to correct any such deficiencies, after which the administrative
proceeding will be deemed withdrawn without prejudice to submission of a
different complaint by Complainant.
(c) The date of commencement of the administrative proceeding shall be
the date on which the Provider completes its responsibilities under Paragraph
2(a) in connection with forwarding the Complaint to the Respondent.
(d) The Provider shall immediately notify the Complainant, the
Respondent, the concerned Registrar(s), and ICANN of the date of commencement of
the administrative proceeding.
5. The Response
(a) Within twenty (20) days of the date of commencement of the
administrative proceeding the Respondent shall submit a response to the
Provider.
(b) The response shall be submitted in hard copy and (except to the
extent not available for annexes) in electronic form and shall:
(i) Respond specifically to the
statements and allegations contained in the complaint and include any and all
bases for the Respondent (domain-name holder) to retain registration and use of
the disputed domain name (This portion of the response shall comply with any
word or page limit set forth in the Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and
telefax numbers of the Respondent (domain-name holder) and of any representative
authorized to act for the Respondent in the administrative proceeding;
(iii) Specify a preferred method for communications directed to the Respondent
in the administrative proceeding (including person to be contacted, medium, and
address information) for each of (A) electronic-only material and (B) material
including hard copy;
(iv) If Complainant has elected a single-member panel in the Complaint (see
Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute
decided by a three-member panel;
(v) If either Complainant or Respondent elects a three-member Panel, provide the
names and contact details of three candidates to serve as one of the Panelists
(these candidates may be drawn from any ICANN-approved Provider's list of
panelists);
(vi) Identify any other legal proceedings that have been commenced or terminated
in connection with or relating to any of the domain name(s) that are the subject
of the complaint;
(vii) State that a copy of the response has been sent or transmitted to the
Complainant, in accordance with Paragraph 2(b); and
(viii) Conclude with the following statement followed by the signature of the
Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to
the best of Respondent's knowledge complete and accurate, that this Response is
not being presented for any improper purpose, such as to harass, and that the
assertions in this Response are warranted under these Rules and under applicable
law, as it now exists or as it may be extended by a good-faith and reasonable
argument."; and
(ix) Annex any documentary or other evidence upon which the Respondent relies,
together with a schedule indexing such documents.
(c) If Complainant has
elected to have the dispute decided by a single-member Panel and Respondent
elects a three-member Panel, Respondent shall be required to pay one-half of the
applicable fee for a three-member Panel as set forth in the Provider's
Supplemental Rules. This payment shall be made together with the submission of
the response to the Provider. In the event that the required payment is not
made, the dispute shall be decided by a single-member Panel.
(d) At the request of the Respondent, the Provider may, in exceptional
cases, extend the period of time for the filing of the response. The period may
also be extended by written stipulation between the Parties, provided the
stipulation is approved by the Provider.
(e) If a Respondent does not submit a response, in the absence of
exceptional circumstances, the Panel shall decide the dispute based upon the
complaint.
6. Appointment of the Panel and Timing of Decision
(a) Each Provider shall maintain and publish a publicly available list of
panelists and their qualifications.
(b) If neither the Complainant nor the Respondent has elected a
three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall
appoint, within five (5) calendar days following receipt of the response by the
Provider, or the lapse of the time period for the submission thereof, a single
Panelist from its list of panelists. The fees for a single-member Panel shall be
paid entirely by the Complainant.
(c) If either the Complainant or the Respondent elects to have the
dispute decided by a three-member Panel, the Provider shall appoint three
Panelists in accordance with the procedures identified in Paragraph 6(e). The
fees for a three-member Panel shall be paid in their entirety by the
Complainant, except where the election for a three-member Panel was made by the
Respondent, in which case the applicable fees shall be shared equally between
the Parties.
(d) Unless it has already elected a three-member Panel, the Complainant
shall submit to the Provider, within five (5) calendar days of communication of
a response in which the Respondent elects a three-member Panel, the names and
contact details of three candidates to serve as one of the Panelists. These
candidates may be drawn from any ICANN-approved Provider's list of panelists.
(e) In the event that either the Complainant or the Respondent elects a
three-member Panel, the Provider shall endeavor to appoint one Panelist from the
list of candidates provided by each of the Complainant and the Respondent. In
the event the Provider is unable within five (5) calendar days to secure the
appointment of a Panelist on its customary terms from either Party's list of
candidates, the Provider shall make that appointment from its list of panelists.
The third Panelist shall be appointed by the Provider from a list of five
candidates submitted by the Provider to the Parties, the Provider's selection
from among the five being made in a manner that reasonably balances the
preferences of both Parties, as they may specify to the Provider within five (5)
calendar days of the Provider's submission of the five-candidate list to the
Parties.
(f) Once the entire Panel is appointed, the Provider shall notify the
Parties of the Panelists appointed and the date by which, absent exceptional
circumstances, the Panel shall forward its decision on the complaint to the
Provider.
7. Impartiality and Independence
A Panelist shall be impartial and independent and shall have, before accepting
appointment, disclosed to the Provider any circumstances giving rise to
justifiable doubt as to the Panelist's impartiality or independence. If, at any
stage during the administrative proceeding, new circumstances arise that could
give rise to justifiable doubt as to the impartiality or independence of the
Panelist, that Panelist shall promptly disclose such circumstances to the
Provider. In such event, the Provider shall have the discretion to appoint a
substitute Panelist.
8. Communication Between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication
with the Panel. All communications between a Party and the Panel or the Provider
shall be made to a case administrator appointed by the Provider in the manner
prescribed in the Provider's Supplemental Rules.
9. Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the Panelist is
appointed in the case of a Panel consisting of a single member, or as soon as
the last Panelist is appointed in the case of a three-member Panel.
10.
General Powers of the Panel
(a) The Panel shall conduct the administrative proceeding in such manner
as it considers appropriate in accordance with the Policy and these Rules.
(b) In all cases, the Panel shall ensure that the Parties are treated
with equality and that each Party is given a fair opportunity to present its
case.
(c) The Panel shall ensure that the administrative proceeding takes place
with due expedition. It may, at the request of a Party or on its own motion,
extend, in exceptional cases, a period of time fixed by these Rules or by the
Panel.
(d) The Panel shall determine the admissibility, relevance, materiality
and weight of the evidence.
(e) A Panel shall decide a request by a Party to consolidate multiple
domain name disputes in accordance with the Policy and these Rules.
11.
Language of Proceedings
(a) Unless otherwise agreed by the Parties, or specified otherwise in the
Registration Agreement, the language of the administrative proceeding shall be
the language of the Registration Agreement, subject to the authority of the
Panel to determine otherwise, having regard to the circumstances of the
administrative proceeding.
(b) The Panel may order that any documents submitted in languages other
than the language of the administrative proceeding be accompanied by a
translation in whole or in part into the language of the administrative
proceeding.
12. Further Statements
In addition to the complaint and the response, the Panel may request, in its
sole discretion, further statements or documents from either of the Parties.
13. In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference,
videoconference, and web conference), unless the Panel determines, in its sole
discretion and as an exceptional matter,
that such a hearing is necessary for deciding the complaint.
14. Default
(a) In the event that a Party, in the absence of exceptional
circumstances, does not comply with any of the time periods established by these
Rules or the Panel, the Panel shall proceed to a decision on the complaint.
(b) If a Party, in the absence of exceptional circumstances, does not
comply with any provision of, or requirement under, these Rules or any request
from the Panel, the Panel shall draw such inferences therefrom as it considers
appropriate.
15. Panel Decisions
(a) A Panel shall decide a complaint on the basis of the statements and
documents submitted and in accordance with the Policy, these Rules and any rules
and principles of law that it deems applicable.
(b) In the absence of exceptional circumstances, the Panel shall forward
its decision on the complaint to the Provider within fourteen (14) days of its
appointment pursuant to Paragraph 6.
(c) In the case of a three-member Panel, the Panel's decision shall be
made by a majority.
(d) The Panel's decision shall be in writing, provide the reasons on
which it is based, indicate the date on which it was rendered and identify the
name(s) of the Panelist(s).
(e) Panel decisions and dissenting opinions shall normally comply with
the guidelines as to length set forth in the Provider's Supplemental Rules. Any
dissenting opinion shall accompany the majority decision. If the Panel concludes
that the dispute is not within the scope of Paragraph 4(a) of the Policy, it
shall so state. If after considering the submissions the Panel finds that the
complaint was brought in bad faith, for example in an attempt at Reverse Domain
Name Hijacking or was brought primarily to harass the domain-name holder, the
Panel shall declare in its decision that the complaint was brought in bad faith
and constitutes an abuse of the administrative proceeding.
16. Communication of Decision to Parties
(a) Within three (3) calendar days after receiving the decision from the
Panel, the Provider shall communicate the full text of the decision to each
Party, the concerned Registrar(s), and ICANN. The concerned Registrar(s) shall
immediately communicate to each Party, the Provider, and ICANN the date for the
implementation of the decision in accordance with the Policy.
(b) Except if the Panel determines otherwise (see Paragraph 4(j) of the
Policy), the Provider shall publish the full decision and the date of its
implementation on a publicly accessible web site. In any event, the portion of
any decision determining a complaint to have been brought in bad faith (see
Paragraph 15(e) of these Rules) shall be published.
17. Settlement or Other Grounds for Termination
(a) If, before the Panel's decision, the Parties agree on a settlement,
the Panel shall terminate the administrative proceeding.
(b) If, before the Panel's decision is made, it becomes unnecessary or
impossible to continue the administrative proceeding for any reason, the Panel
shall terminate the administrative proceeding, unless a Party raises justifiable
grounds for objection within a period of time to be determined by the Panel.
18. Effect of Court Proceedings
(a) In the event of any legal proceedings initiated prior to or during an
administrative proceeding in respect of a domain-name dispute that is the
subject of the complaint, the Panel shall have the discretion to decide whether
to suspend or terminate the administrative proceeding, or to proceed to a
decision.
(b) In the event that a Party initiates any legal proceedings during the
pendency of an administrative proceeding in respect of a domain-name dispute
that is the subject of the complaint, it shall promptly notify the Panel and the
Provider. See Paragraph 8 above.
19. Fees
(a) The Complainant shall pay to the Provider an initial fixed fee, in
accordance with the Provider's Supplemental Rules, within the time and in the
amount required. A Respondent electing under Paragraph 5(b)(iv) to have the
dispute decided by a three-member Panel, rather than the single-member Panel
elected by the Complainant, shall pay the Provider one-half the fixed fee for a
three-member Panel. See Paragraph 5(c). In all other cases, the Complainant
shall bear all of the Provider's fees, except as prescribed under Paragraph
19(d). Upon appointment of the Panel, the Provider shall refund the appropriate
portion, if any, of the initial fee to the Complainant, as specified in the
Provider's Supplemental Rules.
(b) No action shall be taken by the Provider on a complaint until it has
received from Complainant the initial fee in accordance with Paragraph 19(a).
(c) If the Provider has not received the fee within ten (10) calendar
days of receiving the complaint, the complaint shall be deemed withdrawn and the
administrative proceeding terminated.
(d) In exceptional circumstances, for example in the event an in-person
hearing is held, the Provider shall request the Parties for the payment of
additional fees, which shall be established in agreement with the Parties and
the Panel.
20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist
shall be liable to a Party for any act or omission in connection with any
administrative proceeding under these Rules.
21. Amendments
The version of these Rules in effect at the time of the submission of the
complaint to the Provider shall apply to the administrative proceeding commenced
thereby. These Rules may not be amended without the express written approval of
ICANN.
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Providers
Approved Providers
For Uniform Domain Name
Dispute Resolution Policy
(As Approved by ICANN on May 21, 2000)
Complaints under the policy may be
submitted to any approved dispute-resolution service provider listed below. Each
provider follows the Rules for Uniform Domain Name Dispute Resolution Policy as
well as its own supplemental rules. To go to the web site of a provider, click
on its name below:
Additional providers may be
approved soon.
The above approvals are in effect until further notice at this web page.
