The policy is between the registrar and its customer (the
domain-name holder or registrant).
Thus, the policy
uses "we" and "our" to refer to the registrar and it uses "you"
and "your" to refer to the domain-name holder.
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 ParagonComputerSystems.com 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.ParagonComputerSystems.com/rulesofprocedure.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
below:
Providers
(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 at
Its Your Domain
website 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.
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The Rules
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.
1. Definitions
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.
2. Communications (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 contacts;
(B) postmaster@<the contested domain name>; 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.
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 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.
The registrar is innerwise.
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 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. ICANN Accredited Registrar
The ICANN Accredited Registrar responsible for domains sold from
this website is InnerWise, Inc.
21. 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.
22. 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 ICANN.
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Providers
Approved Providers
For Uniform Domain Name
Dispute Resolution Policy
(As Approved by ICANN on May 21, 2000)
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 as well as its own supplemental rules. To go to the web
site of a provider, click on its name below:
CPR
Institute for Dispute Resolution [CPR]
supplemental rules
Disputes.org/eResolution Consortium [DeC]
supplemental rules
The
National Arbitration Forum [NAF]
supplemental rules
World
Intellectual Property Organization [WIPO]
supplemental rules
Additional providers may be approved soon.
The above approvals are in effect until further notice at this
web page.