US Individuals and companies are permitted to register. Foreign entity or organization can register but must have intentions to use the domain for the US market. dns servers must be located in US.

2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
The usTLD Nexus Requirements
Nexus Policy
Registrants in the usTLD must be either:
1.A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the
United States of America or any of its possessions or territories, or (iii) whose primary place
of domicile is in the United States of America or any of its possessions [Nexus Category 1],
2.A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S.
states, the District of Columbia, or any of the United States possessions or territories, or (ii)
organized or otherwise constituted under the laws of a state of the United States of America,
the District of Columbia or any of its possessions or territories (including a federal, state, or
local government of the United States or a political subdivision thereof, and non-commercial
organizations based in the United States) [Nexus Category 2], or
3.A foreign entity or organization that has a bona fide presence in the United States of America
or any of its possessions or territories [Nexus Category 3].
Prospective Registrants will certify that they have a “bona fide presence in the United States” on
the basis of real and substantial lawful connections with, or lawful activities in, the United States
of America. This requirement is intended to ensure that only those individuals or organizations
that have a substantive lawful connection to the United States are permitted to register for usTLD
domain names.
It shall be a continuing requirement that all usTLD domain name Registrants remain in
compliance with Nexus. To implement the Nexus requirement, NeuStar will:
·Require that Registrars certify that they enforce the Nexus requirement upon their
Registrants, and that Registrars require Registrants to certify tha t they meet the Nexus
requirement.
·Conduct a scan of selected registration request information.
·Conduct “spot checks” on Registrant information.
Information Collected From Registrants
To register a name, Registrants (through their Registrars) will be required to provide basic
registration information to the Registry. The minimum required information is:
·The domain name registered;
·The IP address and corresponding names of the primary and secondary name servers for the
registered name;
·The Registrar name and URL or, where appropriate, the identity of the delegated manager
under whom the name is registered;
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
·The original creation date and term of the registration;
·The name and postal address of the domain name Registrant;
·The name, postal address, e-mail address, voice telephone number, and (where available)
fax number of the name holder for the name registered;
·The name, postal address, e- mail address, voice telephone number, and (where available)
fax number of the technical contact for the name registered; and
·The name, postal address, e- mail address, voice telephone number, and (where available)
fax number of the administrative contact for the name registered.
In addition to the above information, Registrants will be required to provide certain additional
Nexus information to their Registrars. Except where it is noted below that a registration will be
rejected if information is missing, failure of a registration to satisfy the Nexus requirement will
result in the name being placed upon a 30-day hold, during which time the Registrar will be
notified and given the opportunity to correct the information with the Registrant. If no action is
taken by the Registrar within the 30-day period, the registration will be cancelled and the name
will be returned to “available” status. The registration fee will not be refunded. If, on the other
hand, the Registrar is able to demonstrate compliance with the requirement and the information
is corrected, the hold will be released and the name will be registered.
·Certification that Registrant satisfies Nexus requirement – if not completed, then
registration will be rejected;
·Basis for compliance (Nexus Category 1, 2, or 3) – if not completed, then registration will
be rejected
·Certification that the listed name servers are located within the United States – if not
completed, then registration will be rejected
Nexus Category 1
A natural person (i) who is a United States citizen, (ii) who is a permanent
resident of the United States of America or any of its possessions or territories, or
(iii) whose primary place of domicile is in the United States of America or any of
its possessions.
·Statement of citizenship or legal permanent residency required. If not completed,
registration will be rejected.
Nexus Category 2
A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S.
states, the District of Columbia, or any of the United States possessions or territories, or (ii)
organized or otherwise constituted under the laws of a state of the United States of America, the
District of Columbia or any of its possessions or (including a federal, state, or local government
of the United States, or a political subdivision thereof, and non-commercial organizations based
in the United States).
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
Nexus Category 3
A foreign entity or organization that has a bona fide presence in the United States of America or
any of its possessions or territories.
·Applicant must state country of citizenship.
·Applicant must also (1) regularly engage in lawful activities (sales of goods or services or
other business, commercial or non-commercial including not-for-profit activities) in the
United States; or (2) maintain an office or other property within the United States.
Category 3 Nexus Certification
Prospective Registrants will certify compliance with Category 3 Nexus based upon
substantial lawful contacts with, or lawful activities in, the United States.
Factors that should be considered in determining whether an entity or organization has a
bona fide presence in the United States shall include, without limitation, whether such
prospective usTLD domain name Registrant:
·Regularly performs lawful activities within the United States related to the purposes for
which the entity or organization is constituted (e.g., selling goods or providing
services to customers, conducting regular training activities, attending conferences),
provided such activities are not conducted solely or primarily to permit it to register
for a usTLD domain name and are lawful under the laws and regulations of the
United States and satisfy policies for the usTLD, including policies approved and/or
mandated by the DoC;
·Maintains an office or other facility in the United States for a lawful business,
noncommercial, educational or governmental purpose, and not solely or primarily to
permit it to register for a usTLD domain name.

1 - 9
America’s Internet Address
.US Domain Name Registration Terms and Conditions Version 2.1 1. INTRODUCTION. This .US Domain Name Registration Terms and Conditions document (the “Terms & Conditions”), sets forth the terms and conditions governing Registrant’s purchase of a Registered Name from the Registration Authority (“RA”). Any acceptance of Registrant’s application or requests for Service and the performance of RA’s Service will occur at NeuStar, Inc., 46000 Center Oak Plaza, Sterling, Virginia 20166, provided however that RA may, in its sole discretion, change this location. 2. DEFINITIONS. A. “Registered Name” refers to a domain name within the domain of the usTLD, about which usTLD Administrator or an affiliate engaged in providing usTLD services maintains data in a usTLD Database, arranges for such maintenance, or derives revenue from such maintenance. B. “Registrant” refers to the customer of RA that purchases a Registered Name. C. “Registration Authority” and “RA” refer collectively to NeuStar, Inc., and its subsidiaries and affiliates. D. “Service” means services provided by RA in connection with the usTLD under these Terms & Conditions, and includes contracting with Registrants, collecting registration data about the Registrants, and submitting registration information for entry in the usTLD Database. C. “usTLD” means the .us country code top-level domain. D. “usTLD Administrator” means NeuStar, Inc. E. “usTLD Database” means a database comprised of data about one or more DNS domain names within the domain of the usTLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names. 3. THE SERVICE. RA shall provide to Registrant (i) Service to accept and process orders for Registered Names; and (ii) customer service (including domain name record support), billing and technical support to Registrants. 4. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the Service provided by RA, Registrant agree to pay RA the Service fees set forth on RA’s web site at the time of Registrant’s selection, or, if applicable, upon Registrant’s receipt of RA’s invoice. All fees are due immediately and are non-refundable, unless otherwise specified herein. The term for the Service shall be for the period of time purchased by the Registrant at the time of registration and allowed under the applicable registration policy for the given name (the “Initial Term”). Any
2 - 9
America’s Internet Address
renewal of the Service is subject to RA’s then current terms and conditions and payment of all applicable renewal fees shall be due prior to the end of the Initial Term. Registrant agrees that if it pays by credit card (initially or in connection with a renewal) for the Service provided hereunder, RA is authorized, but not obligated, to automatically charge such credit card and renew the Service on or before its renewal date using the credit card information provided to RA, unless Registrant has notified RA (as provided herein) that it does not wish to participate in the automatic renewal process. Registrant may opt out of the automatic renewal process in accordance with the instructions on our Web site. Registrant is solely responsible for the credit card information it provides to RA and must promptly notify RA of any changes thereto (e.g., change of expiration date or account number). In addition, Registrant is solely responsible for ensuring the Service is renewed. RA shall have no liability to Registrant or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Service. Registrant agrees to pay all value added, sales and other taxes (other than taxes based on RA’s income) related to the Service or payments made by Registrant hereunder. Failure by Registrant to pay any fee or renewal fee in a timely manner shall, in the absence of extenuating circumstances, result in automatic termination of the registration and the Service. All payments of fees shall be made in US dollars. Any sums not paid in a timely manner will accrue interest at a rate of 1.5% per month or the maximum amount allowed by law, whichever is less. Domain name registrations that have passed the registration agreement's anniversary date, must be in a paid status to delete, modify, or otherwise to request RA to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are deleted on a regular basis. 5. TERMINATION. A. Termination by Registrant. Registrant may terminate this Agreement upon at least thirty (30) days written notice to RA for any or no reason. B. Termination by RA. RA may terminate this Agreement at any time upon written notice in the event any of the following occurs: i. Registrant willfully or negligently (i) provides RA inaccurate or unreliable information or (ii) fails to promptly update information provided to RA pursuant to this Agreement; ii. Registrant fails to abide by the Nexus Requirements set forth in Section 14 of this Agreement or
3 - 9
America’s Internet Address
iii. Registrant breaches an obligation of this Agreement, other than those obligations set forth in 5(B)(i) or 5(B)(ii) and fails to cure such breach within ten (10) days of receipt of notice from RA. C. Effect of Termination. Unless otherwise specified in writing by RA, Registrant will not receive any refund for payments already made as of the date of termination. If termination of this Agreement is due to Registrant’s default hereunder, Registrant shall bear all costs of such termination, including any reasonable costs RA incurs in closing the account. Registrant agrees to pay any and all costs incurred by RA in enforcing RA’s compliance with this Section. Upon termination or discontinuance of this Agreement for any reason, RA may delete the Registrant’s Domain Name, in accordance with RA’s then-current policies and procedures. 6. ACCURACY OF INFORMATION. Registrant hereby certifies that (i) all data provided by Registrant in the domain name registration application is true, correct, up to date and complete (ii) RA will maintain and update, by providing notice to Registrant pursuant to this Agreement, the information contained in the domain name registration application as needed to keep such data true, correct, up to date and complete at all times. 7. PRIVACY. All data or information collected pursuant to this agreement shall be used or disclosed only according to the NeuStar Privacy Policy (http://www.nic.us/policies/docs/us_privacy.pdf) and Section 8 of these Terms & Conditions. This policy is available, as modified from time-to-time at www.neustar.us. 8. USE OF DATA. Government Use of Data. Registrant understands and agrees that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. For purposes of this Section 10(A), “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded. 9. EXCLUSIVE REMEDY. REGISTRANT AGREES THAT RA’S ENTIRE LIABILITY, AND REGISTRANT’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED HEREUNDER AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT REGISTRANT PAID FOR THE SERVICE DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL RA, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF RA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY
4 - 9
America’s Internet Address
AS SET FORTH HEREIN RA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. RA and its licensors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god or other events or circumstances not reasonably under RA’s control; (4) loss or liability resulting from Registrant’s use of the Registered Name; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Service; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of Registrant’s web site or RA’s web site; (8) loss or liability that Registrant may incur in connection with Registrant’s processing of Registrant’s application for the Service, RA’s processing of any authorized modification to Registrant’s domain name record or Registrant’s agent’s failure to pay any fees, including the initial registration fee or re-registration fee; (9) loss or liability as a result of the application of RA’s dispute policy or policies of the UsTLD Administrator; or (10) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in XML or any other standard not under RA or RA’s agent’s sole control. 10. DISCLAIMER OF WARRANTIES. REGISTRANT AGREES THAT THE USE OF THE SERVICE OR RA’S LICENSORS' SERVICES IS SOLELY AT REGISTRANT’S OWN RISK. REGISTRANT AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND “AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. RA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RA NOR ITS LICENSORS MAKE ANY WARRANTY THAT THE SERVICE PROVIDED HEREUNDER WILL MEET REGISTRANT’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RA OR ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. REGISTRANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT REGISTRANT’S OWN DISCRETION AND RISK AND THAT REGISTRANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. RA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
5 - 9
America’s Internet Address
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY REGISTRANT FROM REGISTER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND REGISTRANT MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. RA IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY REGISTRANT FROM A THIRD PARTY. 11. INDEMNITY. A. Registrant shall indemnify, defend and hold harmless NeuStar, Inc. and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) domain name registration and (ii) use of any Registered Name. This indemnification obligation shall survive the termination, expiration or cancellation of the Agreement. B. Registrant agrees to release, indemnify, defend and hold harmless RA, (including in RA’s capacities as the usTLD Administrator or as an RA for domain names, and the applicable registry for any top-level domain in which Registrant is applying for services hereunder), and any of RA’s contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (a) this Agreement or the breach of Registrant’s warranties, representations and obligations under this Agreement, (b) the Service or the use of such services, including without limitation infringement or dilution by Registrant, or someone else using the Service from Registrant’s computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of RA’s operating rules or policies relating to the Service provided, or (e) any information or data Registrant supplied to RA, including, without limitation, any misrepresentation in its application, if applicable. When RA is threatened with suit or sued by a third party, it may seek written assurances from Registrant concerning Registrant’s promise to indemnify RA. Registrant’s failure to provide those assurances may be considered a material breach of this Agreement. RA shall have the right to participate in any defense by Registrant of a third-party claim related to Registrant’s use of any of the Service, with counsel of RA’s choice at its own expense. RA shall reasonably cooperate in the defense at Registrant’s request and expense. Registrant shall
6 - 9
America’s Internet Address
have sole responsibility to defend RA against any claim, but Registrant must receive Registrant’s prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement. 12. REPRESENTATIONS AND WARRANTIES. The Registrant represents and certifies that, to the best of the Registrant's knowledge and belief, (i) neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party (ii) the Registrant has the requisite power and authority to enter into this Agreement and to perform the obligations hereunder (iii) Registrant has and shall continue to have a lawful bona fide U.S. Nexus as defined in Section 14 of this Agreement and qualifies to register to use a Registered Name (iv) Registrant is of legal age to enter into this Agreement; and (vi) Registrant agrees to comply with all applicable laws and regulations and policies of the usTLD Administrator as updated from time to time on the usTLD website. 13. U.S. NEXUS REQUIREMENT AND OTHER POLICIES. In order to qualify to register and maintain its use of a Registered Name, Registrant must meet the U.S. Nexus requirements as set forth in the “usTLD Nexus Requirements” document on the usTLD website. In addition, registrant agrees to abide by all policies established from time-to-time by the RA or the UsTLD Administrator and published on the usTLD website. 14. MODIFICATIONS TO TERMS AND CONDITIONS. Except as otherwise provided in these Terms & Conditions, Registrant agrees that RA may: (1) revise these Terms & Conditions; and/or (2) change part of the Service at any time. Any such revision or change will be binding and effective 30 days after posting the revised Terms and Conditions or change to the Service on RA’s web site, or upon notification to Registrant by e-mail or United States mail. Registrant agrees to periodically review RA’s Web sites, including the current version of these Terms & Conditions available on RA’s Web sites, and to be aware of any such revisions. If Registrant does not agree with any revision to the Terms & Conditions, it may terminate its registration by so notifying RA. Notice of termination will be effective on receipt and processing by RA. If Registrant terminates pursuant to this provision, any fees paid by Registrant are nonrefundable. 15. ACCOUNT ACCESS. Registrant may be required to establish an account and obtain a login name, account number and password in order to access or use the Service or to modify such account. Registrant authorizes RA to process any and all account transactions initiated through the use of Registrant’s login name, account number and password. Registrant is solely responsible for maintaining the confidentiality of its login name, account number or password. Registrant must immediately notify RA of any unauthorized use of its login name, account number or password and Registrant is responsible for any unauthorized activities, charges and/or liabilities made on or through its login name account number or
7 - 9
America’s Internet Address
password. In no event will RA be liable for the unauthorized use or misuse of Registrant’s login name, account number or password or security authentication option. 16. AGENTS. Registrant agrees that, if any of its agents, (e.g., its administrative contact, Internet Service Provider, employees) purchases the Service on Registrant’s behalf, Registrant is nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. Registrant’s continued use of the Service ratifies any unauthorized actions of its agent. By using Registrant’s login name, account number or password, or otherwise purporting to act on its behalf, the Registrant’s agent certifies that he or she is authorized to apply for the Service on Registrant’s behalf, that he or she is authorized to bind Registrant to the terms and conditions of this Agreement, that he or she has apprised Registrant of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on Registrant’s behalf. In addition, Registrant is responsible for any errors made by its agent. 17. RIGHT OF REFUSAL. RA, in its sole discretion, reserves the right to refuse to register Registrant’s chosen domain name or deletes Registrant’s chosen domain name within the first thirty (30) calendar days from receipt of Registrant’s payment for such Service for any or no reason. In the event RA does not register Registrant’s chosen domain name or deletes Registrant’s chosen domain name within such thirty (30) calendar day period, RA shall refund any applicable fee(s) Registrant has paid. Registrant agrees that RA shall not be liable to Registrant for loss or damages that may result from RA’s refusal to register Registrant’s chosen domain name or the deletion of Registrant’s chosen domain name. 18. RESERVATION. usTLD Administrator and RA reserves the right, with no liability to Registrant to deny, cancel or transfer any registration that they deem necessary, in their discretion; (1) to protect the integrity and stability of the usTLD Administrator; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of usTLD Administrator or RA, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) for violations of these Terms & Conditions; or (5) to correct mistakes made by usTLD Administrator or RA in connection with a domain name registration. usTLD Administrator and RA also reserve the right to freeze a domain name during resolution of a dispute. 19. NOTICES AND ANNOUNCEMENTS. Registrant authorizes RA to notify Registrant, as RA’s customer, of information that RA deems is of potential interest to Registrant. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance Registrant’s identity on the Internet and/or other relevant matters. All notices must be sent either in writing or by e-mail, but only to the extent expressly provided herein.
8 - 9
America’s Internet Address
All notices to Registrant shall be delivered to the mailing address or e-mail address as provided in Registrant’s account information (as updated by Registrant pursuant to these Terms & Conditions. Either party may change its respective address by written notice delivered to the other party. 20. SEVERABILITY. Registrant agrees that these Terms & Conditions are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Terms & Conditions. These Terms and Conditions will be deemed amended to the extent necessary to make them enforceable, valid and, to the maximum extent possible consistent with applicable law and the remaining terms and provisions will remain in full force and effect. 21. ENTIRE AGREEMENT. Registrant agrees that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between Registrant and RA regarding the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by Registrant for the Service. 22. ASSIGNMENT AND RESALE. Except as otherwise set forth herein, Registrant may not assign or transfer its rights under these Terms & Conditions. Any attempt by Registrant’s creditors to obtain an interest in Registrant’s rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at RA’s option. Registrant agrees not to resell the Registered Name without the RA’s prior express written consent. 23. GOVERNING LAW. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the Commonwealth of Virginia in the United States. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. 24. AGREEMENT TO BE BOUND. By applying for the Service through RA’s online application process or otherwise, or by using the Service, Registrant acknowledges that it has read and agrees to be bound by these Terms & Conditions and any documents incorporated by reference. 25. WAIVER. No waiver of any provision of these Terms & Conditions shall be effective unless it is in writing and signed by an authorized representative of RA. The remedies of RA under these Terms & Conditions shall be cumulative and not alternative, and the election of one remedy for a violation shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of these Terms & Conditions at a
9 - 9
America’s Internet Address
subsequent time, and the waiver of any rights arising out of any violation shall not be construed as a waiver of any rights arising out of any prior or subsequent violation. 26. SECURITY. RA does not guarantee the security of Registrant’s domain name registration records, and Registrant assumes all risks that the security option it selects is compromised as a result of fraudulent, unauthorized or illegal activity. 27. REGISTERED NAME LICENSING. If Registrant intends to license the use of a Registered Name to a third party, Registrant is nonetheless the Registrant of record and is responsible for complying with these Terms & Conditions and providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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,
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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:
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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);
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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:
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
“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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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
Ó 2002 NeuStar, Inc. All rights reserved.
America’s Internet Address
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.
America’s Internet Address
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.