Acceptable Use Policy
SamoaNIC.ws is not responsible for the content or use of any .WS domain registered.
Under extreme circumstances, SamoaNIC.ws reserves the right to suspend or permanently remove domains that are used for the purpose of sending Unsolicited Commercial Email (UCE) when such use may jeopardize the proper functioning of the .WS Top Level Domain.
SamoaNIC.ws reserves the right to suspend or permanently disable domains that are used for illegal purposes or were obtained in a fraudulent manner.
Reserved and Restricted Names
SamoaNIC.ws reserves the right to refuse to register any domain name that is, in opinion, vulgar, obscene or generally offensive to most individuals.
Since the registration process is automated, SamoaNIC.ws reserves the right to review domain names after they are registered. The owners of names found to be unsuitable after registration has been completed may register another name or request a refund of the registration fee.
Some domain names have been reserved by SamoaNIC.ws and are not available for registration. Other domains may be similarly reserved for traditional and practical reasons
Domain Name Registration Agreement
B. FEES, PAYMENT and SERVICE PERIOD
(1) Domain Name Registration: As consideration for the registration of each new domain name in WebSite’s domain name database and assignment of such domain name to Registrant, Registrant agrees to pay WebSite the applicable annual registration and/or renewal fees as set forth on WebSite’s Web site for each registered domain name. At the time of registration, Registrant must indicate an initial registration period of two (2) to ten (10) years, which is renewable thereafter for successive periods of one (1) to ten (10) years and includes any permitted modification(s) to the domain name record during the covered period. All fees for each period of registration and renewal of registration are payable in full prior to domain activation. Fees are due immediately and are non-refundable. Any renewal of registration is subject to WebSite’s then current terms and conditions and payment of all applicable renewal fees at the time of renewal. After the initial registration period, renewal fees (based on the cost of the domain, see rates) will be required. Failure to pay renewal fees by the expiration of the initial registration period or the prior renewal period will result in the domain being deactivated and made available for registration by others. Registrant's registration of the Domain shall automatically renew 30 days prior to the end of the Registration Term (hereafter the "Renewal Date") for a term of equal length and no less than 2 years unless Registrant notifies Registry prior to the Renewal Date that Registrant intends to terminate the registration of the Domain as of the end of the Registration Term. Registry is authorized to attempt automatic renewal(s) until successful. Registrant hereby expressly authorizes Registry to charge Registrant's credit card on the Renewal Date an amount equal to the then current standard registration fee for Domains of equal term. In the event Registrant changes its credit card information (e.g., credit card number or expiration date) or cancels the credit card on file with Registry, Registrant agrees to a) promptly advise Registry of the same and provide an updated credit card that can be charged by Registry. It is the Registrant’s responsibility to update their credit card information. If Registry is unable to secure payment the domain will be returned to the available pool between 1-30 days after expiration date. Registrant agrees that transfer of a domain name from Registrant to another owner may be subject to an administrative transfer fee determined in the sole discretion of WebSite. A schedule of fees may be found at WorldSite.ws’s Web site.
(2) Forwarding Service: At the time of Registrant’s submission of application to register a domain name, Registrant may also apply for WebSite’s web and email forwarding service (the “Forwarding Service”), which provides hosting of Registrant’s domain on the WebSite domain nameserver and forwarding to a single URL that Registrant designates and email forwarding to an email address that Registrant designates. As consideration for the provision of the Forwarding Service by WebSite, Registrant agrees to pay WebSite the applicable annual Forwarding Service and/or renewal fees as set forth on WebSite’s Web site. Forwarding Service is available for an initial period of one (1) year and is renewable thereafter for successive periods of one (1) year. The fees for the initial period of the Forwarding Service are immediately due and payable in full prior to activation of the Forwarding Service. The fees for the renewal period(s) of the Forwarding Service are due and payable in full prior to each such renewal period. Fees for the Forwarding Service are non-refundable. Any renewal of the Forwarding Service is subject to WebSite’s then current terms and conditions and payment of all applicable renewal fees at the time of renewal. A schedule of fees may be found at WorldSite.ws’s Web site.
C. MODIFICATIONS TO REGISTRATION AGREEMENT
Registrant agrees that, during the term of this Registration Agreement, WebSite may, in its sole discretion, revise the terms and conditions of this Registration Agreement at any time. WebSite agrees to post any such revised Registration Agreement on WebSite’s Web site, and such revised Registration Agreement will be binding and effective immediately upon the earlier of (1) its posting or (2) upon notification to Registrant by e-mail or United States mail to the then current address provided by Registrant. Registrant agrees to review WebSite’s Web site (including the current version of the Registration Agreement) periodically to be aware of any such revisions. If Registrant does not agree with any revision to the Registration Agreement, Registrant may terminate this Registration Agreement at any time by providing WebSite with notice by e-mail or by United States mail addressed to: Global Domains International, Inc., 701 Palomar Airport Road, Suite 300, Carlsbad, California 92009, Attention: Termination Notice. Notice of Registrant’s termination will be effective on receipt and processing by WebSite. WebSite shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement. Registrant agrees that Registrant’s continued use of WebSite’s service(s) after any revision to this Registration Agreement becomes effective constitutes Registrant’s acceptance of such revisions or changes, and Registrant agrees to abide by and be bound by any such revisions or changes. No employee, contractor, agent or representative of WebSite is authorized to alter or amend the terms and conditions of this Registration Agreement.
D. DOMAIN NAME DISPUTE POLICY
WebSite is not responsible for the determination of anyone’s eligibility to register a domain name. Trademark law differs from country to country and, in some countries, from region to region. Registrant agrees to be bound by WebSite’s current domain name dispute policy that is incorporated herein and made a part of this Registration Agreement by reference (the “Dispute Policy”). The current version of the Dispute Policy may be found at WorldSite.ws’s Web site.
E. DOMAIN NAME DISPUTE POLICY CHANGES OR MODIFICATIONS
Registrant agrees that WebSite, in its sole discretion, may change or modify the Dispute Policy. WebSite agrees to post any such revised policy on its Web site, and such revised policy will be binding and effective immediately upon its posting. Registrant agrees that Registrant’s maintaining the reservation or registration of Registrant’s domain name after changes or modifications of the Dispute Policy become effective constitutes Registrant’s acceptance of the changes or modifications, and Registrant agrees to abide by and be bound by any such changes or modifications. If Registrant does not agree with any such change or modification, Registrant may terminate this Registration Agreement in accordance with the procedures specified in paragraph C above and request that its domain name be deleted from WebSite’s domain name database. WebSite shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement.
F. DOMAIN NAME DISPUTES
Registrant agrees that, if the registration of its domain name by WebSite is challenged by any third party, Registrant will be subject to the provisions of the Dispute Policy in effect at the time of the dispute. Registrant agrees that in the event a domain name dispute arises with any third party, Registrant will indemnify and hold WebSite harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If WebSite receives notification that a complaint has been filed with a judicial or administrative body regarding Registrant’s use of WebSite’s domain name registration services, Registrant agrees not to make any changes to Registrant’s domain name record without WebSite’s prior approval. WebSite, in its sole discretion, may prohibit Registrant from making changes to such domain name record until (1) WebSite is directed to do so by the judicial or administrative body, or (2) WebSite receives notification by Registrant and the other party contesting Registrant’s registration and use of WebSite’s domain name registration services that the dispute has been settled. Furthermore, Registrant agrees that if Registrant is subject to litigation or proceeding regarding Registrant’s registration and use of WebSite’s domain name registration services, WebSite may deposit control of Registrant’s domain name and domain name record into the registry of the administrative or judicial body conducting such litigation or proceeding.
Registrant agrees that if this Registration Agreement is completed by an agent for Registrant, such as an internet service provider, administrative contact/agent, employee or other representative of Registrant (each an “Agent”), Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Registrant agrees that by continuing to use the services of WebSite, Registrant shall be deemed to have ratified any unauthorized actions of Registrant’s Agent. In addition, Registrant is responsible for any errors made by Registrant’s Agent. WebSite shall not be obligated to refund any fees paid by Registrant or Registrant’s Agent for any reason.
H. LIMITATION OF LIABILITY
Registrant agrees that WebSite shall have no liability to Registrant for any and all loss Registrant may incur resulting from or in connection with, but not limited to: (1) WebSite’s processing of this Registration Agreement; (2) WebSite’s processing of any authorized modification to the domain name record during the covered period; (3) Registrant’s, or Registrant’s Agent’s, or Registrant’s internet service provider’s, failure to pay either the initial registration fee or any renewal fee; (4) the application of the provisions of the Dispute Policy; (5) access delays or access interruptions; (6) data non-delivery; (7) acts of nature; (8) errors, omissions or misstatements in any and all information or services provided under this Registration Agreement; (9) deletion or failure to store e-mail messages; (10) the development or interruption of Registrant’s Web site; or (11) any action or omission of a third party with whom Registrant enters into an agreement as a result of any promotion, advertisement or sponsorship related to, or in connection with, any service(s) of WebSite. Registrant agrees that its sole and exclusive remedy with respect to services provided pursuant to this Registration Agreement and/or for any breach of this Registration Agreement shall be limited to the lesser of (1) the amount Registrant paid for such services or (2) Five Hundred United States Dollars (US). Furthermore, WebSite and its contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages, or for any loss of revenue, profits or data, arising in connection with this Registration Agreement. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, WebSite’s liability is limited to the extent permitted by applicable law.
K. NO GUARANTY
Registrant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
L. REPRESENTATIONS AND WARRANTIES
Registrant represents and warrants by submitting this Registration Agreement that: (1) to the best of Registrant’s knowledge and belief, the information submitted to WebSite by Registrant or Registrant’s Agent is true and correct, and that any future changes to this information will be provided to WebSite in a timely manner according to the domain name and other applicable modification procedures in place at that time; (2) to the best of Registrant’s knowledge and belief, neither the registration of Registrant’s domain name nor the manner in which Registrant intends to use such domain name will directly or indirectly infringe the legal rights of a third party; (3) Registrant has all requisite power and authority to execute this Registration Agreement and to perform Registrant’s obligations hereunder; (4) Registrant is of legal age to enter into this Registration Agreement; and (5) with respect to the Forwarding Service only, Registrant has the necessary rights to use the Forwarding Service to forward, point, alias or resolve Registrant's domain name(s) to the other domain name designated by Registrant in ordering such Forwarding Service. Registrant agrees that use of WebSite’s service(s) is solely at Registrant’s own risk. Registrant further agrees that all of WebSite’s service(s) are provided on an “as is” and “as available” basis. Any breach of any of these representations and warranties by Registrant will constitute a material breach of this Registration Agreement.
M. DISCLAIMER OF WARRANTIES
WebSite expressly disclaims 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. WebSite makes no warranty that WebSite’s service(s) will meet Registrant’s requirements, or that such service(s) will be uninterrupted, timely, secure, or error free; nor does WebSite make any warranty as to the results that may be obtained from the use of WebSite’s service(s). No advice or information, whether oral or written, obtained by Registrant from WebSite shall create any warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to Registrant.
Registrant agrees that WebSite may terminate Registrant’s contractual right to use WebSite’s service(s) if the information Registrant provides pursuant to this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information WebSite would likely consider material to its decision to approve this Registration Agreement and continue to provide services hereunder. Registrant agrees that WebSite may terminate any of its service(s), including domain name registration service(s), in the event that Registrant uses such service(s) for any improper purpose, as determined in the sole discretion of WebSite. Registrant further agrees that WebSite may suspend, cancel or transfer Registrant’s domain name registration in order to correct mistakes made by WebSite in registering Registrant’s chosen domain name or to resolve a dispute under the Dispute Policy. WebSite shall not be obligated to refund any fees paid by Registrant if WebSite terminates its services.
O. RIGHT OF REFUSAL
WebSite, in its sole discretion, reserves the right to refuse to register Registrant’s requested domain name or provide Registrant with any other WebSite service(s), or to delete Registrant’s domain name within the first thirty (30) calendar days from receipt of Registrant’s payment of the registration fee. Registrant agrees that the submission of this Registration Agreement does not obligate WebSite to accept this Registration Agreement. Registrant agrees that WebSite shall not be liable for loss or damages that may result from WebSite's refusal to accept this Registration Agreement, WebSite’s registration or deletion of Registrant’s domain name or WebSite’s refusal to provide any other service(s).
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions which shall continue to be binding and remain in full force and effect.
Registrant’s rights under this Registration Agreement are not assignable. Any attempt by Registrant to assign Registrant’s rights shall render this Registration Agreement voidable at WebSite’s option. Any attempt by Registrant’s creditors to obtain an interest in Registrant’s rights under this Registration Agreement, whether by attachment, garnishment or otherwise, shall render this Registration Agreement voidable at WebSite’s option.
S. GOVERNING LAW
Registrant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the internal laws of the State of California, United States of America, without reference to California’s conflict of law principles. By submitting this Registration Agreement, Registrant hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in the County of San Diego, California.
T. THIS IS DOMAIN NAME REGISTRATION AGREEMENT VERSION NUMBER 1.0
This Registration Agreement is only for registrations under the top-level domain: .WS. By completing and submitting this Registration Agreement for consideration and acceptance by WebSite, Registrant agrees that Registrant has read and agrees to be bound by paragraphs (A) through (S) above.
TOS for Web Email and Web Templates
1. ACCEPTANCE OF TERMS
Welcome to WebSite.ws. WebSite.ws provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://website.ws. In addition, when using particular WebSite.ws services, you and WebSite.ws shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
WebSite.ws currently provides users with access to free unlimited Web Based email and free Web Templates. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WebSite.ws properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that WebSite.ws assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store, any user communications or personalization settings. In order to use the Service, you must register a .ws domain name for a minimum of 2 years.
3. YOUR REGISTRATION OBLIGATIONS
WebSite.ws is concerned about the safety and privacy of all its users, particularly children. If you add your child to your e-mail account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the WebSite.ws e-mail
4. MONITORING WEB E-MAIL AND REMOVAL OF CONTENT
WebSite.ws does not pre-screen content, but WebSite.ws shall have the right (but not the obligation) to monitor any and all content posted on the free Web Templates and in their sole discretion lock, move or remove any content that is posted on the free Web Templates. All adult content is prohibited. Without limiting the foregoing, we shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that WebSite.ws may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WebSite.ws, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. WebSite.ws does not, and cannot, monitor, censor or edit the contents of Users' email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
· Use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
· Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
· Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
· Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
· Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
· Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
· Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
· Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
You agree to indemnify and hold WebSite.ws, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WebSite.ws may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages may be stored, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WebSite.ws's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WebSite.ws has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that WebSite.ws reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. MODIFICATIONS TO SERVICE
WebSite.ws reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WebSite.ws shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WebSite.ws, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WebSite.ws believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WebSite.ws may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WebSite.ws may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WebSite.ws shall not be liable to you or any third-party for any termination of your access to the Service.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE.WS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE.WS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WebSite.ws and govern your use of the Service, superceding any prior agreements between you and WebSite.ws. The TOS and the relationship between you and WebSite.ws shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WebSite.ws agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of WebSite.ws to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Addition information regarding the Uniform Domain Name Dispute Resolution Policy and Rules may be found at http://www.icann.org/udrp/udrp.htm.
Rules for Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
Administrative proceedings for the resolution of disputes under the Uniform Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site.
In these Rules:
Complainant means the party initiating a complaint concerning a domain-name registration.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.
Panel means an administrative panel appointed by a Provider to decide a complaint concerning a domain-name registration.
Panelist means an individual appointed by a Provider to be a member of a Panel.
Party means a Complainant or a Respondent.
Policy means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.
Registrar means the entity with which the Respondent has registered a domain name that is the subject of a complaint.
Registration Agreement means the agreement between a Registrar and a domain-name holder.
Respondent means the holder of a domain-name registration against which a complaint is initiated.
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
(a) When forwarding a complaint to the Respondent, it shall be the Provider's responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
(i) sending the complaint to all postal-mail and facsimile addresses (A) shown in the domain name's registration data in Registrar's Whois database for the registered domain-name holder, the technical contact, and the administrative contact and (B) supplied by Registrar to the Provider for the registration's billing contact; and
(ii) sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to:
(A) the e-mail addresses for those technical, administrative, and billing and
(C) if the domain name (or "www." followed by the domain name) resolves to an active web page (other than a generic page the Provider concludes is maintained by a registrar or ISP for parking domain-names registered by multiple domain-name holders), any e-mail address shown or e-mail links on that web page; and
(iii) sending the complaint to any address the Respondent has notified the Provider it prefers and, to the extent practicable, to all other addresses provided to the Provider by Complainant under Paragraph 3(b)(v).
(b) Except as provided in Paragraph 2(a), any written communication to Complainant or Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)), or in the absence of such specification
(i) by telecopy or facsimile transmission, with a confirmation of transmission; or
(ii) by postal or courier service, postage pre-paid and return receipt requested; or
(iii) electronically via the Internet, provided a record of its transmission is available.
(c) Any communication to the Provider or the Panel shall be made by the means and in the manner (including number of copies) stated in the Provider's Supplemental Rules.
(d) Communications shall be made in the language prescribed in Paragraph 11. E-mail communications should, if practicable, be sent in plaintext.
(e) Either Party may update its contact details by notifying the Provider and the Registrar.
(f) Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:
(i) if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or
(ii) if by postal or courier service, on the date marked on the receipt; or
(iii) if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.
(g) Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f).
(h) Any communication by
(i) a Panel to any Party shall be copied to the Provider and to the other Party;
(ii) the Provider to any Party shall be copied to the other Party; and
(iii) a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.
(i) It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.
(j) In the event a Party sending a communication receives notification of non-delivery of the communication, the Party shall promptly notify the Panel (or, if no Panel is yet appointed, the Provider) of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Panel (or the Provider).
3. The Complaint
(a) Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to any Provider approved by ICANN. (Due to capacity constraints or for other reasons, a Provider's ability to accept complaints may be suspended at times. In that event, the Provider shall refuse the submission. The person or entity may submit the complaint to another Provider.)
(b) The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
(i) Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Complainant and of any representative authorized to act for the Complainant in the administrative proceeding;
(iii) Specify a preferred method for communications directed to the Complainant in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy;
(iv) Designate whether Complainant elects to have the dispute decided by a single-member or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider's list of panelists);
(v) Provide the name of the Respondent (domain-name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings, in sufficient detail to allow the Provider to send the complaint as described in Paragraph 2(a);
(vi) Specify the domain name(s) that is/are the subject of the complaint;
(vii) Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaint is filed;
(viii) Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used (Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future.);
(ix) Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,
(1) the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(2) why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and
(3) why the domain name(s) should be considered as having been registered and being used in bad faith
(The description should, for elements (2) and (3), discuss any aspects of Paragraphs 4(b) and 4(c) of the Policy that are applicable. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);
(x) Specify, in accordance with the Policy, the remedies sought;
(xi) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(xii) State that a copy of the complaint, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent (domain-name holder), in accordance with Paragraph 2(b);
(xiii) State that Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction;
(xiv) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
"Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents."
"Complainant certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(xv) Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence.
(c) The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.
4. Notification of Complaint
(a) The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
(b) If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.
(c) The date of commencement of the administrative proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) in connection with forwarding the Complaint to the Respondent.
(d) The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), and ICANN of the date of commencement of the administrative proceeding.
5. The Response
(a) Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the Provider.
(b) The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
(i) Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain-name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Respondent (domain-name holder) and of any representative authorized to act for the Respondent in the administrative proceeding;
(iii) Specify a preferred method for communications directed to the Respondent in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy;
(iv) If Complainant has elected a single-member panel in the Complaint (see Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel;
(v) If either Complainant or Respondent elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider's list of panelists);
(vi) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(vii) State that a copy of the response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and
(viii) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(ix) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
(c) If Complainant has elected to have the dispute decided by a single-member Panel and Respondent elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel.
(d) At the request of the Respondent, the Provider may, in exceptional cases, extend the period of time for the filing of the response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.
(e) If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.
6. Appointment of the Panel and Timing of Decision
(a) Each Provider shall maintain and publish a publicly available list of panelists and their qualifications.
(b) If neither the Complainant nor the Respondent has elected a three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single-member Panel shall be paid entirely by the Complainant.
(c) If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 6(e). The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
(d) Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, within five (5) calendar days of communication of a response in which the Respondent elects a three-member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates may be drawn from any ICANN-approved Provider's list of panelists.
(e) In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five (5) calendar days of the Provider's submission of the five-candidate list to the Parties.
(f) Once the entire Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.
7. Impartiality and Independence
A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist.
8. Communication Between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.
9. Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Panel.
10. General Powers of the Panel
(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.
(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
(c) The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.
(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.
11. Language of Proceedings
(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.
(b) The Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding.
12. Further Statements
In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties.
13. In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.
(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint.
(b) If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.
15. Panel Decisions
(a) A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.
(b) In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider within fourteen (14) days of its appointment pursuant to Paragraph 6.
(c) In the case of a three-member Panel, the Panel's decision shall be made by a majority.
(d) The Panel's decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).
(e) Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in the Provider's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the domain-name holder, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.
16. Communication of Decision to Parties
(a) Within three (3) calendar days after receiving the decision from the Panel, the Provider shall communicate the full text of the decision to each Party, the concerned Registrar(s), and ICANN. The concerned Registrar(s) shall immediately communicate to each Party, the Provider, and ICANN the date for the implementation of the decision in accordance with the Policy.
(b) Except if the Panel determines otherwise (see Paragraph 4(j) of the Policy), the Provider shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules) shall be published.
17. Settlement or Other Grounds for Termination
(a) If, before the Panel's decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding.
(b) If, before the Panel's decision is made, it becomes unnecessary or impossible to continue the administrative proceeding for any reason, the Panel shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel.
18. Effect of Court Proceedings
(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.
(b) In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, it shall promptly notify the Panel and the Provider. See Paragraph 8 above.
(a) The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Panel. See Paragraph 5(c). In all other cases, the Complainant shall bear all of the Provider's fees, except as prescribed under Paragraph 19(d). Upon appointment of the Panel, the Provider shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specified in the Provider's Supplemental Rules.
(b) No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with Paragraph 19(a).
(c) If the Provider has not received the fee within ten (10) calendar days of receiving the complaint, the complaint shall be deemed withdrawn and the administrative proceeding terminated.
(d) In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request the Parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.
20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.
The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby. These Rules may not be amended without the express written approval of ICANN.
Additional information regarding the Uniform Domain Name Dispute Resolution Policy and Rules may be found at http://www.icann.org/udrp/udrp.htm.
ICANN Approved Providers for Uniform Domain Name Dispute Resolution Policy
Complaints under the policy may be submitted to any approved dispute-resolution service provider listed below. Each provider follows the Rules for Uniform Domain Name Dispute Resolution Policy (located at http://www.icann.org/udrp/udrp-rules-24oct99.htm) as well as its own supplemental rules
. To go to the web site of a provider, click on its name below:
Disputes.org/eResolution Consortium (located at http://www.eresolution.ca) (approved effective 1 January 2000). Go to http://www.eresolution.ca/services/dnd/p_r/supprules.htm to see its supplemental rules.
The National Arbitration Forum (located at http://www.arbforum.com/domains/) (approved effective 23 December 1999). Go to http://www.arbforum.com/domains/domain-rules.html to see its supplemental rules.
World Intellectual Property Organization (approved effective 1 December 1999). Go to http://arbiter.wipo.int/domains/rules/supplemental.html to see its supplemental rules.
Additional providers may be approved soon. The above approvals are in effect until further notice at http://www.icann.org/udrp/approved-providers.htm.
Additional information regarding the Uniform Domain Name Dispute Resolution Policy and Rules may be found at http://www.icann.org/udrp/udrp.htm.