Uniform
Domain Name
Dispute Resolution Policy
Policy As Approved by ICANN on October 24, 1999
1. Policy
2. The Rules
3. Approved Providers
The
Policy
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 your myDiscountDomains.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").
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. 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.
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. 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.
21. Amendments
The version of these Rules in effect at the time of the submission
of the complaint to the Provider shall apply to the administrative
proceeding commenced thereby. These Rules may not be amended without
the express written approval of 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:
Additional providers may be approved soon.
The above approvals are in effect until further notice at this web
page.
