|
As Approved
by ICANN on October 24, 1999
1. Purpose.
This Uniform Domain Name Dispute
Resolution Policy (the 'Policy')
has been adopted by the Internet
Corporation for Assigned Names and
Numbers ('ICANN'), is incorporated
by reference into the Registration
Agreement, and sets forth the terms
and conditions in connection with
a dispute between the Registrant
and any party other than UCVHost
(the registrar) over the registration
and use of an Internet domain name
registered by the Registrant. 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
here, and the selected administrative-dispute-resolution
service provider's supplemental
rules.
2. The Registrant's Representations.
By applying to register a domain
name, or by asking UCVHost to maintain
or renew a domain name registration,
the Registrant hereby represents
and warrants to UCVHost that (a)
the statements that the Registrant
made in the Registration Agreement
are complete and accurate; (b) to
the Registrant's knowledge, the
registration of the domain name
will not infringe upon or otherwise
violate the rights of any third
party; (c) the Registrant is not
registering the domain name for
an unlawful purpose; and (d) the
Registrant will not knowingly use
the domain name in violation of
any applicable laws or regulations.
It is the Registrant's responsibility
to determine whether the domain
name registration infringes or violates
someone else's rights.
3. Cancellations, Transfers,
and Changes.
UCVHost will cancel, transfer or
otherwise make changes to domain
name registrations under the following
circumstances:
| a |
subject to the
provisions of Paragraph 8,
on receipt of written or appropriate
electronic instructions from
the Registrant or their authorized
agent to take such action; |
| b |
on receipt of
an order from a court or arbitral
tribunal, in each case of
competent jurisdiction, requiring
such action; and/or |
| c |
on receipt of
a decision of an Administrative
Panel requiring such action
in any administrative proceeding
to which the Registrant was
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.) |
UCVHost may also cancel, transfer
or otherwise make changes to a domain
name registration in accordance with
the terms of the Registration Agreement
or other legal requirements.
4. Mandatory Administrative
Proceeding.
This Paragraph sets forth the type
of disputes for which the Registrant
is required to submit to a mandatory
administrative proceeding. These
proceedings will be conducted before
one of the administrative-dispute-
resolution service providers listed
at: http://www.icann.org/udrp/approved-providers.htm
(each, a 'Provider').
| a |
Applicable
Disputes.
The Registrant is 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 |
the domain
name is identical
or confusingly similar
to a trademark or
service mark in which
the complainant has
rights; and |
| ii |
the Registrant
has no rights or legitimate
interests in respect
of the domain name;
and |
| iii |
the 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
is 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 of a domain name in bad
faith:
| i |
circumstances
indicating that the
Registrant has registered
or has 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 the Registrant's
documented out-of-pocket
costs directly related
to the domain name;
or |
| ii |
the Registrant
has 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 the Registrant
has engaged in a pattern
of such conduct; or |
| iii |
the Registrant
has registered the
domain name primarily
for the purpose of
disrupting the business
of a competitor; or |
| iv |
by using
the domain name, the
Registrant has intentionally
attempted to attract,
for commercial gain,
Internet users to
their website 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
their web site or
location or of a product
or service on their
website or location. |
|
| c |
How to
Demonstrate the Registrant's
Rights to and Legitimate Interests
in the Domain Name in Responding
to a Complaint.
When the Registrant receives
a complaint, the Registrant
should refer to Paragraph
5 of the Rules of Procedure
in determining how their 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
the Registrant's rights or
legitimate interests to the
domain name for purposes of
Paragraph 4(a)(ii):
| i |
before
any notice to the
Registrant of the
dispute, the registrant's
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 |
the Registrant
(as an individual,
business, or other
organization) has
been commonly known
by the domain name,
even if the Registrant
has acquired no trademark
or service mark rights;
or |
| iii |
the Registrant
is making a legitimate
non-commercial 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 the Registrant and
a complainant, either the
Registrant 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 the
Registrant elects to expand
the Administrative Panel from
one to three panellists as
provided in Paragraph 5(b)(iv)
of the Rules of Procedure,
in which case all fees will
be split evenly by the Registrant
and the complainant. |
| h |
UCVHost's
Involvement in Administrative
Proceedings.
UCVHost do not, and will not,
participate in the administration
or conduct of any proceeding
before an Administrative Panel.
In addition, UCVHost 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
the Registrant's domain name
or the transfer of the domain
name registration to the complainant. |
| j |
Notification
and Publication.
The Provider shall notify
UCVHost of any decision made
by an Administrative Panel
with respect to a domain name
the Registrant has registered
with UCVHost. 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 the Registrant
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 the domain name
registration should be cancelled
or transferred, UCVHost will
wait ten (10) business days
(as observed in the location
of UCVHost's principal office)
after UCVHost are informed
by the applicable Provider
of the Administrative Panel's
decision before implementing
that decision. UCVHost will
then implement the decision
unless UCVHost have received
from the Registrant 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 the Registrant
has 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 the UCVHost principal
office or of the Registrant's
address as shown in UCVHost's
Whois database. See Paragraphs
1 and 3(b)(xiii) of the Rules
of Procedure for details.)
If UCVHost receive such documentation
within the ten (10) business
day period, UCVHost will not
implement the Administrative
Panel's decision, and UCVHost
will take no further action,
until UCVHost receive (i)
evidence satisfactory to UCVHost
of a resolution between the
parties; (ii) evidence satisfactory
to UCVHost that the lawsuit
has been dismissed or withdrawn;
or (iii) a copy of an order
from such court dismissing
the Registrant's lawsuit or
ordering that the Registrant
does not have the right to
continue to use the domain
name. |
5. All Other Disputes and Litigation.
All other disputes between the Registrant
and any party other than UCVHost
regarding the domain name registration
that are not brought pursuant to
the mandatory administrative proceeding
provisions of Paragraph 4 shall
be resolved between the Registrant
and such other party through any
court, arbitration or other proceeding
that may be available.
6.UCVHost Involvement in Disputes.
UCVHost will not participate in
any way in any dispute between the
Registrant and any party other than
UCVHost regarding the registration
and use of the domain name. The
Registrant shall not name UCVHost
as a party or otherwise include
UCVHost in any such proceeding.
In the event that UCVHost are named
as a party in any such proceeding,
UCVHost reserve the right to raise
any and all defences deemed appropriate,
and to take any other action necessary
to defend itself.
7. Maintaining the Status Quo.
UCVHost 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.
The Registrant may not transfer
the 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 UCVHost's
principal place of business)
after such proceeding is concluded;
or (ii) during a pending court
proceeding or arbitration
commenced regarding the Registrant's
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. UCVHost 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.
The Registrant may not transfer
the 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 the UCVHost
principal place of business)
after such proceeding is concluded.
The Registrant may transfer
administration of the domain
name registration to another
registrar during a pending
court action or arbitration,
provided that the domain name
the Registrant has registered
with UCVHost shall continue
to be subject to the proceedings
commenced against the Registrant
in accordance with the terms
of this Policy. In the event
that the Registrant transfers
a domain name registration
to UCVHost 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.
UCVHost reserve the right to modify
this Policy at any time with the
permission of ICANN. UCVHost will
post the revised Policy at on its
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 the Registrant until the
dispute is over, all such changes
will be binding upon the Registrant
with respect to any domain name
registration dispute, whether the
dispute arose before, on or after
the effective date of the change.
In the event that the Registrant
objects to a change in this Policy,
the Registrant's sole remedy is
to cancel the domain name registration
with UCVHost, provided that the
Registrant will not be entitled
to a refund of any fees the Registrant
paid to UCVHost. The revised Policy
will apply to the Registrant until
the Registrant cancels the domain
name registration. |