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Dispute Resolution Policy

Date of Policy Adoption: August 26, 1999

Application Documents Approval Date: October 24, 1999

1. This policy is currently in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.

2. This policy has been accepted by all ICANN accredited registrars. This policy has also been adopted by administrators of certain country code top-level domains (for example, .nu, .tv, .ws).

3. This Policy is valid between the registrar (or other authorized registrars in the case of country code top-level domains) and their customers (registrant or registrant). Accordingly, the terms "we" and "our" used in the policy refer to the registrar, while the terms "you" and "your" refer to the domain owner.

Uniform Domain Name Dispute Resolution Policy
(Version Approved by ICANN on October 24, 1999)


1. PURPOSE

This Uniform Domain Name Dispute Resolution Policy ("Policy"), adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Domain Name Registration Agreement and for the registration and use of an Internet domain name registered by you. It regulates the terms and conditions in connection with a dispute that may arise between you and parties other than us (the registrant) regarding this issue. The transactions set forth in Paragraph 4 of this Policy are subject to the Uniform Domain Name Dispute Resolution Policy Rules ("Rules of Procedure"), available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en. ) and will be conducted in accordance with the additional rules of the selected administrative dispute resolution service provider.

2. STATEMENTS BY YOU

By applying to register a domain name or by requesting that we continue or renew a domain name registration, (a) your statements in the Registration Agreement are complete and accurate; (b) to the best of your knowledge, the registration of the domain name will not infringe or violate the rights of any third party; (c) you have not registered the domain name for illegal use; and (d) you will not intentionally use the domain name in violation of any applicable law or regulation. It is your responsibility to determine whether registering the domain name violates or violates the rights of third parties.

3. CANCELLATION, TRANSFER AND CHANGES

We will cancel, transfer or make changes to domain name registrations if:

a. Subject to the provisions of paragraph 8, we receive an instruction to do so from you or your authorized representative, in writing or by valid electronic means;

b. If we receive an order in this direction from a court or arbitral tribunal in the authorized district office; and/or

c. If the Administrative Board makes a decision to cancel, transfer, or modify an administrative action to which you are a party that was carried out under this Policy or a future version of this Policy accepted by ICANN. (See Paragraph 4(i) and (k) below.)

In addition, we may cancel, transfer or make changes to domain name registration in accordance with the terms of your Domain Name Registration Agreement or other legal requirements.


4. MANDATORY ADMINISTRATIVE OPERATIONS

This paragraph regulates the types of disputes that must be dealt with by an administrative act. These actions will be handled by one of the administrative dispute resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each a "Provider").

a. Applicable Disputes You will be liable to intervene in an administrative proceeding if a third party (a "complainant") makes the following statements to a valid Provider in accordance with the Rules of Procedure:

(i) declares that your domain name is identical or confusingly similar to the trademark or service marks to which the complainant has rights; and

(ii) declares that you do not have any rights or legitimate interests in the domain name; and

(iii) declares that your domain name has been registered and used in bad faith.

In administrative proceedings, the complainant must prove that each of these three elements is present.

 

b. Proof of Malicious Registration and Use

(i) circumstances implying that you have registered or acquired the domain name primarily for the purpose of selling, renting or transferring the domain name to the complainant or a competitor of the complainant who is the owner of the trademark or service mark, for an appropriate price in excess of your documented out-of-pocket costs incurred directly in respect of the domain name ; or

(ii) you have registered the domain name to prevent the owner of the trademark or service mark from using that mark in a similar domain name and you act in this way for commercial purposes; or

(iii) where you have registered the domain name primarily for the purpose of harming a competitor's business; or

(iv) By using the domain name, you can use the complainant's brand in your source, sponsorship, relationship or website with the aim of obtaining commercial gain.
where you deliberately attempt to attract Internet users to your website or another site by confusing the recommendations of the product or service.

c. Proving Your Rights and Legitimate Interests in the Domain Name in the Case of 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. Based on its assessment of all the evidence submitted, the following situations will set forth your rights or legitimate interests in the domain name for the purpose of paragraph 4(a)(ii), but not limited to, where the Tribunal determines that it has been proven:

(i) you used or made specific preparations to use the domain name or a name similar to the domain name, regarding the good faith delivery of goods or services prior to the notice of the dispute; or

(ii) you (as an individual, company or other entity) are known by the relevant domain name even if you have not acquired any trademark or service mark rights; or

(iii) Your use of the domain name for legitimate and non-commercial purposes or in a fair manner, without the purpose of gaining commercial gain by misleading customers or tarnishing the trademark or service mark in question.

D. Selection of Provider The Complainant shall select the Provider from among the Providers approved by ICANN and submit the complaint to this Provider. The Provider selected will implement the transaction, except in the cases of consolidation described in Paragraph 4(f).

to. Initiation of the Transaction and Process and Appointment of the Administrative Committee The process regarding the initiation and execution of a transaction and the appointment of the committee that will decide on the dispute ("Administrative Committee") is specified in the Rules of Procedure.

f. Consolidation In case of more than one dispute between your party and a complainant, you or the complainant can petition for these disputes to be consolidated to be heard before a single Administrative Committee. This petition will be submitted to the first Administrative Committee, which will look at the dispute pending resolution between the parties. The Administrative Committee, at its discretion, may decide to consolidate these disputes; however, disputes to be merged must be subject to this Policy or future versions of this Policy accepted by ICANN.

g. Fees In accordance with this Policy, all fees invoiced by a Provider in relation to a dispute heard by the Administrative Board shall be paid by the complainant; however, if you choose to increase the number of Administrative Board members from one person to three as set forth in paragraph 5(b)(iv) of the Rules of Procedure, all fees will be shared equally between you and the complainant.

h. Our Participation in Administrative Procedures. We do not and will not be involved in the administration or conduct of a proceeding before an Administrative Panel. In addition, we will not be liable for any decision taken by the Administrative Board.

I. Legal Solutions Legal resolution rights of the complainant regarding an administrative act before the Administrative Committee shall be limited to the cancellation of your domain name or the transfer of the domain name you have registered to the complainant.

 

j. Notification and Publication The Provider shall inform us of the decisions taken by the Administrative Board regarding the domain name you have registered with us. All decisions made under this Policy will be fully published on the Internet, except in exceptional cases when the Executive Board decides to review some parts of the decision.

k. Applying to Legal Actions Mandatory administrative action requirements specified in paragraph 4 shall not prevent you or the complainant from taking the relevant dispute to a court in the competent district office for an independent court decision before the mandatory administrative action process begins or after this process is completed. In the event that an Administrative Board decides to cancel or transfer your domain name registration, we will wait ten (10) business days (according to current business days at our head office) from the date the relevant Provider informs us of the Administrative Board's decision before implementing the relevant decision. During this ten (10) day period, an official document (for example, a copy of the complaint letter, file bearing the seal of the court clerk, etc.) .) does not reach us, we will put this decision into practice. (Generally, this district office is located at either our head office or the location of your address shown in the Whois database. For details, see Paragraph 1 of the Rules of Procedure and Paragraph 3(b)(xiii).) We receive such a document within ten (10) days. case, which will not enforce the Administrative Board's decision and (i) satisfactory evidence of the decision taken between the parties; (ii) evidence to our satisfaction that the case has been dismissed or withdrawn; or (iii) we will not take any further action until we receive a copy of the pending court's decision dismissing your claim or stating that you do not have the right to continue using the domain name.

5. ALL OTHER DISPUTES AND LEGAL ACTION

All other disputes between you and other parties other than us that do not arise under the mandatory administrative action provisions of Paragraph 4 regarding your domain name registration will be resolved between you and that other party by filing a lawsuit, arbitration, or other available proceedings.

6. OUR INTERVENTION IN DISPUTES

We will not be involved in any way in disputes between you and other parties other than us regarding your registration or use of the domain name. You will not designate us as a party in these transactions or otherwise involve us in the transactions. If we are designated as a party to such a transaction, we shall have the right to make any appropriate defense and to take any legal action necessary to defend ourselves.

7. MAINTAINING THE CURRENT SITUATION

Except as set forth in Paragraph 3 above, we will not cancel, transfer, activate, deactivate, or otherwise alter the status of any domain name under this Policy.

8. TRANSFER DURING A DISPUTE

a. Transfer of the Domain Name to Another Registrant (i) for a period of fifteen (15) business days (according to the applicable business days at our headquarters location) during or after an ongoing administrative action initiated pursuant to Paragraph 4; or (ii) you may not transfer the domain name you have registered while the court or arbitration proceedings regarding your domain name are pending, unless the party to which the domain name registration is transferred has declared in writing that it will comply with the decision of the court or arbitration tribunal. We reserve the right to cancel the transfer of a domain name registration to another domain name owner if this is contrary to me.

b. Change of Registry Operator You may not transfer the domain name you have registered to another registrar for a period of fifteen (15) business days (according to the applicable business days at the location of our company headquarters) during or after an administrative action under paragraph 4 of the Registry Operator Change. You may transfer the domain name you have registered with us to another registrar during an pending court or arbitration proceeding, provided that the domain name you have registered with us continues to be subject to proceedings brought against you pursuant to the provisions of this Policy. If you transfer the domain name you have registered to us during an ongoing court or arbitration proceeding, such dispute will continue to be subject to the domain name dispute policy of the registrar from which the registered domain name originated.

 

9. POLICY AMENDMENTS

We reserve the right to amend this Policy at any time with the permission of ICANN. We will post the revised policy at this address within thirty (30) calendar days at the latest from its effective date. Except where this Policy has already been implemented by a complaint filed with a Provider (in which case, you will be subject to the version of the Policy applicable at the effective date until the dispute is resolved), unless the dispute arose before, on or after the effective date of the change. All changes made without notice will be binding on you. If you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us; however, you will not be entitled to a refund of the fees you have paid to us. The revised Policy will apply to you until you cancel your domain name registration.

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