This Uniform Domain Name Dispute Resolution Policy ("Policy"); Accepted by Internet Assigned Numbers and Names ("ICANN"), included by reference in your Registration Agreement, and the terms and conditions of the dispute between the registrant and you and any party other than us (the domain name registrar) regarding Internet domain name registration and use. determines. Transactions under Paragraph 4 of this Policy will be conducted in accordance with the Uniform Domain Name Dispute Resolution Policy ("Rules of Procedure") found here and additional rules of the selected management dispute resolution service provider.
2. Your statements
When you apply to register a domain name or request that we keep or renew the domain name registration, you warrant to us that: (a) the statements you make in your Registration Agreement are complete and accurate; (b) to the best of your knowledge, registration of the domain name will not infringe the rights of any other third party; (c) you are not registering the domain name for any illegal purpose; and (d) use the domain name in violation of applicable laws and regulations. It is your responsibility to determine if your domain name registration violates someone else's rights.
3. Cancellations, Transfers and Changes
We cancel, transfer or modify domain name registrations under the following conditions:
We receive written or appropriate electronic instructions from you or your authorized agent to take this action in accordance with the provisions of paragraph 8;
in both cases, we obtain a court or arbitral tribunal decision requiring us to act by a competent court order; and/or
we have received a Administrative Panel decision requiring such action in any administrative action to which you are a party that is undertaken pursuant to 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 the domain name in accordance with the terms of your Registration Agreement or other legal regulations.
4. Mandatory Administrative Action
This Paragraph sets out the types of disputes you must bring to the mandatory administrative litigation. These lawsuits will be handled by one of the administrative dispute resolution service providers listed here (each a "Provider").
Valid Disputes. If a third party ("complainant") clarifies to the applicable Provider in accordance with the Rules of Procedure, you must provide the following information to the mandatory administrative action:
your domain name is the same or confusingly similar to the trademark or service mark to which the complainant is entitled; and
you have no rights or legitimate interests in the domain name; and
malicious registration and use of your domain name.
In administrative cases, the complainant must prove that these three elements are present.
Evidence of Malicious Recording and Use. For the purposes of paragraph 4(a)(iii), the following conditions determined to be present by the Panel will specifically, but not be limited to, build evidence that the registration and use of the domain name is malicious:
conditions that show that you have registered or purchased the domain name for the purpose of selling, renting or transferring the domain name to the complainant or a competitor of the trademark or service mark, in return for a price that exceeds your out-of-pocket costs, directly related and documented by the domain name; or
provided that you do so, you have registered the domain name to prevent the owner of the trademark or service mark from mirroring the corresponding domain name; or
you registered the domain name primarily to disrupt a competitor's business; or
Trying to attract Internet users to your website or other online location for commercial gain by using the domain name to create the impression that there may be a source, sponsorship, partnership or verification between the complainant's brand and your website or a product or service on your website or in a location.
How Do You Show That You Have Rights and Legitimate Interests in a Domain Name When Responding to a Complaint? When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure to determine how your response should be prepared. In particular, but without limitation, any of the following circumstances, if proved based on the Panel's assessment of the evidence, demonstrate that you have rights or legitimate interests in the domain name for the purposes of Paragraph 4(a)(ii):
you used or made preparations to use the domain name or domain-related name in connection with the offering of actual products or services prior to notification of the dispute to you; or
you (as an individual, business or other entity) are widely known by the domain name even if you have not acquired the trademark or other service mark rights; or
your non-commercial, legitimate or fair use of the domain name without the intent to mislead customers or tarnish that trademark or service mark and for commercial gain.
Provider Selection. The Complainant will select one of the ICANN approved Providers by forwarding the complaint to the Provider. The selected Provider will manage transactions except in cases of consolidation as described in Paragraph 4(f).
Initiation, Process and Assignment of Admin Panel Follow-up. The Rules of Procedure specify the process of initiating, administering and assigning the proceedings to the panel that will decide on the dispute (the "Administration Panel").
Consolidation. If there is more than one dispute between you and the complainant, you or the complainant may request to consolidate the disputes before a single Administrative Panel. This request must first be made to the Administrative Panel appointed to hear the dispute between the parties. The Administrative Panel may, at its sole discretion, consolidate any or all disputes as long as the consolidated disputes are managed by this Policy or a later version of this Policy adopted by ICANN.
Fees. All fees billed by the Provider in connection with any dispute before the Administrative Panel pursuant to this Policy will be paid by the complainant, except where you choose to expand the Administrative Panel from one to three panellists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, and in such cases all fees. will be shared equally by you and the complainant.
Our Participation in Administrative Litigation. We do not and will not participate in the management or conduct of any litigation prior to the Administrative Panel. Also, we will not be liable as a result of decisions made by the Admin Panel.
Legal Solutions. Legal remedies for the complainant regarding any lawsuit before the Administrative Panel should be limited to requesting the cancellation of your domain name or transferring your domain name registration to the complainant.
Notification and Publication. The Provider will inform us of any decision made by the Administrative Panel regarding the domain name you have registered with us. All decisions made under this Policy will be posted online in full, except when the Administrative Panel decides to discard parts of this decision.
Availability of Court Cases. The mandatory administrative action provisions set out in paragraph 4 shall not prevent you or the complainant from escalating the dispute to the competent court for an independent decision before such mandatory administrative action has been initiated or after such administrative action has been concluded. If the Admin Panel decides to cancel or transfer your domain name registration, we will wait ten (10) business days (as determined at our primary office location) after we have been notified of the Admin Panel Provider's current decision before we implement that decision. Then, if we do not receive from you within these ten (10) business days, official documents (copy of complaint, stamped document by court clerk) submitted by the complainant in accordance with paragraph 3(b)(xiii) of the Rules of Procedure, that you have filed a lawsuit against the complainant in court, we will enforce that decision. (Usually this court will be at our main office location or the location of your address shown in our Whois database. For details, see Rules of Procedure Paragraphs 1 and 3(b)(xiii).) If we receive these documents within ten (10) business days, (i ) sufficient evidence that a settlement has been reached between the parties; (ii) sufficient evidence that your case has been dismissed or withdrawn; or (iii) we will not enforce the Administrative Panel's decision and take no further action until we receive a copy of the decision of the court that dismissed your case or the copy of the decision showing that you do not have the right to continue using your domain name. ) If we receive these documents within ten (10) business days, (i) sufficient evidence that a settlement has been reached between the parties; (ii) sufficient evidence that your case has been dismissed or withdrawn; or (iii) we will not enforce the Administrative Panel's decision and take no further action until we receive a copy of the decision of the court that dismissed your case or the copy of the decision showing that you do not have the right to continue using your domain name. ) If we receive these documents within ten (10) business days, (i) sufficient evidence that a settlement has been reached between the parties; (ii) sufficient evidence that your case has been dismissed or withdrawn; or (iii) we will not enforce the Administrative Panel's decision and take no further action until we receive a copy of the decision of the court that dismissed your case or the copy of the decision showing that you do not have the right to continue using your domain name.
5. All other disputes and legal disputes
All other disputes between you and a party other than us regarding your domain name registration that are not brought under the mandatory administrative action provisions of Paragraph 4 will be resolved between you and the other party in court, arbitration or other applicable action.
6. Our participation in conflicts
We will not be involved in any disputes between you and the other party, except in relation to the registration and use of your domain name. You may not designate us as a party or involve us in such litigation. In the event that we are designated as a party to such a Policy pursuit, we reserve the right to make any defense and to take all other necessary actions in self-defense if we deem it appropriate.
7. Maintain current status
Except as provided in Paragraph 3 above, we will not cancel, transfer, disable or change the status of any domain name registration under this Policy.
8. Transfers during the dispute
Transfer of Domain Name to New Owner
Your domain name registration, (i) during pending administrative action brought pursuant to paragraph 4, or for fifteen (15) business days (as observed in our primary business location) following the conclusion of such action; or (ii) pending administrative action or pending arbitration regarding your domain name, unless the party to which the domain name registration has been transferred has agreed in writing to abide by the decision of the court or arbitral tribunal. We reserve the right to cancel the domain name registration transfer made in violation of this subparagraph for another domain name owner.
Changing Domain Name Registrars
You may not transfer your domain name registration to another domain name registrar during pending administrative action pursuant to Paragraph 4 or for fifteen (15) business days (as observed in our primary business location) following the conclusion of such action. You may transfer management of your domain name registration to another registrar during pending court action or arbitration, provided that the domain name you register with us continues to be subject to lawsuits brought against you in accordance with the terms of this Policy. If you transfer the domain name registration during the waiting period of court action or arbitration, it will be subject to the domain name dispute policy of the registrar to which the dispute domain registration was transferred.
9. Policy changes
We reserve the right to change this Policy at any time with the permission of ICANN. We will post our amended Policy at this location at least thirty (30) days before it goes into effect. If this Policy has not previously entered into force upon submission of a complainant to the Provider (in which case, the version of the Policy in effect at the effective date will apply to you until the dispute is resolved), any changes; It will be binding on any domain name registration dispute, even if the dispute occurs before or on or after the effective date of our change. If you object to a change in this Policy, the only action you can take is; will cancel your domain name registration with us, unless you are entitled to a refund for any fees you have paid to us. Changed Policy,