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usTLD Dispute Resolution Policy
(Approved by the U. S. Dept. of Commerce on February 21, 2002)
1.Purpose—This usTLD Dispute Resolution Policy (the “Policy”) has been adopted by the
United States Department of Commerce (“DOC”). It is incorporated by reference into
the usTLD Registration Agreement, and sets forth the terms and conditions in connection
with a dispute between you (as the registrant) and any party other than us (as the
registrar) or the registry administrator for the usTLD (as the “Registry”) 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 the usTLD
Dispute Resolution Policy (the “Rules”), which are attached hereto, and the selected
administrative-dispute-resolution service provider’s supplemental rules.
2.Your Representations—By applying to register a domain name, registering 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 usTLD
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 a domain name registration that is subject to this Policy 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 in the United States, requiring suc h 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 the DOC.
We may also cancel, transfer or otherwise make changes to a domain name registration in
accordance with the terms of your usTLD 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
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proceedings will be conducted before one of the administrative-dispute-resolution service
providers listed at http://www.neustar.us/policies/dispute_providers.html (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, that:
i.Your domain name is identical or confusingly similar to a trademark or service
mark in which the Complainant has rights;
ii.You have no rights or legitimate interests in respect of the domain name; and
iii.Your domain name has been registered in bad faith or is being used in bad faith.
In the administrative proceeding, the Complainant must prove that each of these three
elements is present.
b.Evidence of Registration or Use in Bad Faith—For the purposes of Paragraph
4(a)(1)(iii), the following circumstances, in particular but without limitation, if
found by the Panel to be present, shall be evidence of the registration or 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;
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;
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.
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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 the Rules 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.You are the owner or beneficiary of a trade or service mark that is identical
to the domain name;
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;
iii.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
iv.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 DOC 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 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 DOC.
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
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three panelists as provided in Paragraph 5(b)(iv) of the Rules, 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 in
the United States 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 of the Rules. (In general, that jurisdiction is either
the location of our principal office or of your address as shown in our Whois
database. 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
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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 othe rwise 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 DOC. We will post our revised Policy at 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,
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whether the dispute arose before, on or after the effective date of the 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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Rules for the usTLD
Dispute Resolution Policy
(the “Rules”)
Administrative proceedings for the resolution of disputes under the usTLD Dispute Resolution
Policy adopted by DOC 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.
DOC refers to the United States Department of Commerce.
Mutual Jurisdiction means a court jurisdiction in the United States at the location of either
(a) the principal office of the Registrar of the domain name in question, 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 a complaint is submitted to a Provider. If neither (a) or (b) are located
within the United States, then Mutual Jurisdiction shall lie in solely in the Commonwealth of
Virginia.
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 usTLD 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 DOC. A list of such
Providers appears at http://www.neustar.us/policies/dispute_providers.html.
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.
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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. Any written communication required under these Rules shall be made by the means
specified by the Complainant or the Respondent, respectively, or in the absence of such
specification:
i. By facsimile with a confirmation of transmission;
i
i. By postal or courier service, postage pre-paid and return receipt requested; and/or
iii. Electronically via the Internet, provided a record of its transmission is available.
b. Any communication to the Provider or the Panel shall be made in accordance with the
Provider’s Supplemental Rules.
c. All communications shall be made in the language prescribed in Paragraph 11.
d. Either Party may update its contact details by notifying the other Party, the Provider and
the Registrar.
e. 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 facsimile transmission, on the date shown on the confirmation of
transmission;
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.
f. Except as otherwise provided in these Rules, all time periods calculated under these
Rules shall begin to run on the earliest date that the communication is deemed to have
been made in accordance with Paragraph 2(e).
g. Except as otherwise provided in these Rules, any communication by:
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i. A Panel to any Party shall be copied to the Provider and to the other Party;
ii. The Provider, following the commencement of an administrative proceeding
pursuant to Paragraph 4(c), 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.
h. 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.
i. In the event that a Party sending a communication receives notification of non-delivery of
the communication, that Party shall promptly notify the Provider of the circumstances of
the notification.
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 DOC. (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 (with annexes) and in electronic form
(without annexes).
c. The complaint shall:
i. Request that the complaint be submitted for decision in accordance with the Policy
and Rules and describe why the domain name registration should be considered
subject to the Policy;
ii. Provide the full 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 singlemember
or a three-member Panel and, in the event Complainant elects a threemember
Panel, provide the names and contact details of three candidates to serve as
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one of the Panelists (these candidates may be drawn from any DOC-approved
Provider’s list of panelists);
v. Provide the full name of the Respondent and, if different from the contact details
available in the Whois database for the domain name, provide all information known
to the Complainant regarding how to contact Respondent or any representative of
Respondent, including contact information based on pre-complaint dealings;
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 (the
Complainant may also separately describe other goods and;
ix. Describe, in accordance with the Policy, the grounds on which the complaint is made
including,
(1) The extent to which the domain name(s) is/are identical or confusingly similar
to a trademark or service mark in which the Complainant has rights;
(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 or
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);
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xiii. Identify the Mutual Jurisdiction to which the Complainant(s) will submit, with
respect to any challenges to a decision in the administrative proceeding to transfer
the domain name as follows:
“The Complainant hereby designates [identify precisely the
court jurisdiction] as the Mutual Jurisdiction, for the purposes
of challenges to a decision in the administrative proceeding to
cancel or transfer the domain name.”
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 disputeresolution
provider and panelists, except in the case of deliberate wrongdoing, (b)
the registrar, (c) the registry administrator, and (d) the Department of Commerce, 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 same domain
name holder registers the domain names.
4. Notification of Complaint
a. The Provider shall review the complaint for formal compliance with the Policy and the
Rule. If the complaint is found to be in compliance, the Provider shall notify it to the
Respondent, in the manner prescribed by Paragraph 2(a). For the purposes of notifying
the Complainant, the Provider shall not be required to use any contact details other than
those available in the Whois database for the domain name(s) in dispute.
b. If the Provider finds the complaint to be formally deficient, it shall promptly notify the
Complainant 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.
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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 DOC of the date of commencement of the administrative proceeding.
5. The Response
a. Within twenty (20) calendar 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 (with annexes) and in electronic form
(without annexes).
c. The response shall:
i. Specifically respond to the statements and allegations contained in the complaint and
include any and all bases for the Respondent to retain registration and use of the
disputed domain name;
ii. Provide the name, postal and e- mail addresses, and the telephone and telefax
numbers of the Respondent 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 DOC-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. Conclude with the following statement followed by the signature of the Respondent
or its authorized representative:
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“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
viii. Annex any documentary or other evidence upon which the Respondent relies,
together with a schedule indexing such documents.
d. 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 no t made, the dispute shall be decided
by a single-member Panel.
e. 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 Provider approves the stipulation.
f. 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 singlemember
Panel shall be paid entirely by the Complainant.
c. If either the Complainant or the Respondent elects to have the dispute decided by a threemember
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
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candidates to serve as one of the Panelists. These candidates may be drawn from any
DOC-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.
9. Transmission of the File to the Panel—The Provider shall forward the case file 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.
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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—All communications shall be made in English.
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 there from 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 majority shall make the Panel’s decision.
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
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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 DOC. The concerned Registrar(s) shall immediately communicate to each Party, the
Provider, and DOC 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 threemember
Panel, rather than the single-member Panel elected by the Complainant, shall
Ó 2002 NeuStar, Inc. All rights reserved.
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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. The Provider shall not take any action 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 the Policy and the 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 DOC.