com/net/org
These are the rules that govern
the Uniform Domain Name Resolution
Policy for gTLD domain names.
When you submit a registration
to ucvhost.com, you are stating
that you have read and understood
these rules, and that you agree
to abide by them should such a dispute
arise.
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
website.
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.
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 |
|
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 |
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 website.
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.
|
