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Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999 and implemented by AbleDoer Corporation)
1. Purpose. This Uniform Domain Name
Dispute Resolution Policy (the "Policy") has been adopted by the
Internet Corporation for Assigned Names and Numbers ("ICANN"),
is incorporated by reference into your Registration Agreement,
and sets forth the terms and conditions in connection with a
dispute between you and any party other than us (the registrar)
over the registration and use of an Internet domain name
registered by you. Proceedings under Paragraph 4 of this Policy
will be conducted according to the Rules for Uniform Domain Name
Dispute Resolution Policy (the "Rules of Procedure"), which are
available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the
selected administrative-dispute-resolution service provider's
supplemental rules.
2. Your Representations. By applying
to register a domain name, or by asking us to maintain or renew
a domain name registration, you hereby represent and warrant to
us that (a) the statements that you made in your Registration
Agreement are complete and accurate; (b) to your knowledge, the
registration of the domain name will not infringe upon or
otherwise violate the rights of any third party; (c) you are not
registering the domain name for an unlawful purpose; and (d) you
will not knowingly use the domain name in violation of any
applicable laws or regulations. It is your responsibility to
determine whether your domain name registration infringes or
violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:
a. subject to
the provisions of Paragraph 8, our receipt of written or
appropriate electronic instructions from you or your authorized
agent to take such action;
b. our
receipt of an order from a court or arbitral tribunal, in each
case of competent jurisdiction, requiring such action; and/or
c. our
receipt of a decision of an Administrative Panel requiring such
action in any administrative proceeding to which you were a
party and which was conducted under this Policy or a later
version of this Policy adopted by ICANN. (See Paragraph 4(i) and
(k) below.)
We may also cancel, transfer or otherwise make changes to a
domain name registration in accordance with the terms of your
Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you
are required to submit to a mandatory administrative proceeding.
These proceedings will be conducted before one of the
administrative-dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm (each, a
"Provider").
a.
Applicable Disputes. You are required to submit to a
mandatory administrative proceeding in the event that a third
party (a "complainant") asserts to the applicable Provider, in
compliance with the Rules of Procedure, that
(i) your domain
name is identical or confusingly similar to a trademark or
service mark in which the complainant has rights; and
(ii) you have no
rights or legitimate interests in respect of the domain name;
and
(iii) your domain
name has been registered and is being used in bad faith.
In the
administrative proceeding, the complainant must prove that each
of these three elements are present.
b.
Evidence of Registration and Use in Bad Faith. For the
purposes of Paragraph 4(a)(iii), the following circumstances, in
particular but without limitation, if found by the Panel to be
present, shall be evidence of the registration and use of a
domain name in bad faith:
(i) circumstances
indicating that you have registered or you have acquired the
domain name primarily for the purpose of selling, renting, or
otherwise transferring the domain name registration to the
complainant who is the owner of the trademark or service mark or
to a competitor of that complainant, for valuable consideration
in excess of your documented out-of-pocket costs directly
related to the domain name; or
(ii) you have
registered the domain name in order to prevent the owner of the
trademark or service mark from reflecting the mark in a
corresponding domain name, provided that you have engaged in a
pattern of such conduct; or
(iii) you have
registered the domain name primarily for the purpose of
disrupting the business of a competitor; or
(iv) by using the
domain name, you have intentionally attempted to attract, for
commercial gain, Internet users to your web site or other
on-line location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship, affiliation,
or endorsement of your web site or location or of a product or
service on your web site or location.
c. How to
Demonstrate Your Rights to and Legitimate Interests in the
Domain Name in Responding to a Complaint. When you receive a
complaint, you should refer to Paragraph 5 of the Rules of
Procedure in determining how your response should be prepared.
Any of the following circumstances, in particular but without
limitation, if found by the Panel to be proved based on its
evaluation of all evidence presented, shall demonstrate your
rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii):
(i) before any
notice to you of the dispute, your use of, or demonstrable
preparations to use, the domain name or a name corresponding to
the domain name in connection with a bona fide offering of goods
or services; or
(ii) you (as an
individual, business, or other organization) have been commonly
known by the domain name, even if you have acquired no trademark
or service mark rights; or
(iii) you are
making a legitimate noncommercial or fair use of the domain
name, without intent for commercial gain to misleadingly divert
consumers or to tarnish the trademark or service mark at issue.
d.
Selection of Provider. The complainant shall select the
Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will
administer the proceeding, except in cases of consolidation as
described in Paragraph 4(f).
e.
Initiation of Proceeding and Process and Appointment of
Administrative Panel. The Rules of Procedure state the
process for initiating and conducting a proceeding and for
appointing the panel that will decide the dispute (the
"Administrative Panel").
f.
Consolidation. In the event of multiple disputes between you
and a complainant, either you or the complainant may petition to
consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel
appointed to hear a pending dispute between the parties. This
Administrative Panel may consolidate before it any or all such
disputes in its sole discretion, provided that the disputes
being consolidated are governed by this Policy or a later
version of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with any dispute
before an Administrative Panel pursuant to this Policy shall be
paid by the complainant, except in cases where you elect to
expand the Administrative Panel from one to three panelists as
provided in Paragraph 5(b)(iv) of the Rules of Procedure, in
which case all fees will be split evenly by you and the
complainant.
h. Our
Involvement in Administrative Proceedings. We do not, and
will not, participate in the administration or conduct of any
proceeding before an Administrative Panel. In addition, we will
not be liable as a result of any decisions rendered by the
Administrative Panel.
i.
Remedies. The remedies available to a complainant pursuant
to any proceeding before an Administrative Panel shall be
limited to requiring the cancellation of your domain name or the
transfer of your domain name registration to the complainant.
j.
Notification and Publication. The Provider shall notify us
of any decision made by an Administrative Panel with respect to
a domain name you have registered with us. All decisions under
this Policy will be published in full over the Internet, except
when an Administrative Panel determines in an exceptional case
to redact portions of its decision.
k.
Availability of Court Proceedings. The mandatory
administrative proceeding requirements set forth in Paragraph 4
shall not prevent either you or the complainant from submitting
the dispute to a court of competent jurisdiction for independent
resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an
Administrative Panel decides that your domain name registration
should be canceled or transferred, we will wait ten (10)
business days (as observed in the location of our principal
office) after we are informed by the applicable Provider of the
Administrative Panel's decision before implementing that
decision. We will then implement the decision unless we have
received from you during that ten (10) business day period
official documentation (such as a copy of a complaint,
file-stamped by the clerk of the court) that you have commenced
a lawsuit against the complainant in a jurisdiction to which the
complainant has submitted under Paragraph 3(b)(xiii) of the
Rules of Procedure. (In general, that jurisdiction is either the
location of our principal office or of your address as shown in
our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules
of Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to us
that your lawsuit has been dismissed or withdrawn; or (iii) a
copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your
domain name.
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us
regarding your domain name registration that are not brought
pursuant to the mandatory administrative proceeding provisions
of Paragraph 4 shall be resolved between you and such other
party through any court, arbitration or other proceeding that
may be available.
6. Our Involvement in Disputes. We
will not participate in any way in any dispute between you and
any party other than us regarding the registration and use of
your domain name. You shall not name us as a party or otherwise
include us in any such proceeding. In the event that we are
named as a party in any such proceeding, we reserve the right to
raise any and all defenses deemed appropriate, and to take any
other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will
not cancel, transfer, activate, deactivate, or otherwise change
the status of any domain name registration under this Policy
except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a.
Transfers of a Domain Name to a New Holder. You may not
transfer your domain name registration to another holder (i)
during a pending administrative proceeding brought pursuant to
Paragraph 4 or for a period of fifteen (15) business days (as
observed in the location of our principal place of business)
after such proceeding is concluded; or (ii) during a pending
court proceeding or arbitration commenced regarding your domain
name unless the party to whom the domain name registration is
being transferred agrees, in writing, to be bound by the
decision of the court or arbitrator. We reserve the right to
cancel any transfer of a domain name registration to another
holder that is made in violation of this subparagraph.
b.
Changing Registrars. You may not transfer your domain name
registration to another registrar during a pending
administrative proceeding brought pursuant to Paragraph 4 or for
a period of fifteen (15) business days (as observed in the
location of our principal place of business) after such
proceeding is concluded. You may transfer administration of your
domain name registration to another registrar during a pending
court action or arbitration, provided that the domain name you
have registered with us shall continue to be subject to the
proceedings commenced against you in accordance with the terms
of this Policy. In the event that you transfer a domain name
registration to us during the pendency of a court action or
arbitration, such dispute shall remain subject to the domain
name dispute policy of the registrar from which the domain name
registration was transferred.
9. Policy Modifications.
We reserve
the right to modify this Policy at any time with the permission
of ICANN. We will post our revised Policy at
www.1-cheap-domain-name-registration-and-free-domain-name-hosting.com/drp.asp
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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