Domain Name Dispute Resolution Policy for
.com / net / org (with VeriSign-GRS)
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 INWW ( Internet Names WorldWide- the
registrar. A division of Melbourne IT) 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.
The Registrant's Representations.
applying to register a domain name, or by asking NJStar / INWW to maintain
or renew a domain name registration, the Registrant hereby represents
and warrants to NJStar / INWW 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.
Cancellations, Transfers, and Changes.
/ INWW will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances:
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;
receipt of an order from a court or arbitral tribunal, in each case
of competent jurisdiction, requiring such action; and/or
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.)
/ INWW 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.
Mandatory Administrative Proceeding.
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 www.icann.org/udrp/approved-providers.htm
(each, a 'Provider').
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
domain name is identical or confusingly similar to a trademark
or service mark in which the complainant has rights; and
Registrant has no rights or legitimate interests in respect of
the domain name; and
domain name has been registered and is being used in bad faith.
the administrative proceeding, the complainant must prove that each
of these three elements is present.
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:
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
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
Registrant has registered the domain name primarily for the purpose
of disrupting the business of a competitor; or
using the domain name, the Registrant has intentionally attempted
to attract, for commercial gain, Internet users to their 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 their web site or location or of a product or
service on their web site or location.
to Demonstrate the Registrant's Rights to and Legitimate Interests
in the Domain Name in Responding to a Complaint.
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):
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
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
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
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).
of Proceeding and Process and Appointment of Administrative Panel.
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').
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.
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.
/ INWW's Involvement in Administrative Proceedings.
NJStar / INWW do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative Panel. In addition,
NJStar / INWW will not be liable as a result of any decisions rendered
by the Administrative Panel.
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.
The Provider shall notify NJStar / INWW of any decision made by an
Administrative Panel with respect to a domain name the Registrant
has registered with NJStar / INWW. 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
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, NJStar
/ INWW will wait ten (10) business days (as observed in the location
of NJStar / INWW's principal office) after NJStar / INWW are informed
by the applicable Provider of the Administrative Panel's decision
before implementing that decision. NJStar / INWW will then implement
the decision unless NJStar / INWW 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 NJStar / INWW principal office or of
the Registrant's address as shown in NJStar / INWW's Whois database.
See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.)
If NJStar / INWW receive such documentation within the ten (10) business
day period, NJStar / INWW will not implement the Administrative Panel's
decision, and NJStar / INWW will take no further action, until NJStar
/ INWW receive (i) evidence satisfactory to NJStar / INWW of a resolution
between the parties; (ii) evidence satisfactory to NJStar / INWW 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
All Other Disputes and Litigation.
other disputes between the Registrant and any party other than NJStar
/ INWW 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.
/ INWW Involvement in Disputes.
/ INWW will not participate in any way in any dispute between the Registrant
and any party other than NJStar / INWW regarding the registration and
use of the domain name. The Registrant shall not name NJStar / INWW as
a party or otherwise include NJStar / INWW in any such proceeding. In
the event that NJStar / INWW are named as a party in any such proceeding,
NJStar / INWW reserve the right to raise any and all defences deemed appropriate,
and to take any other action necessary to defend itself.
Maintaining the Status Quo.
/ INWW 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.
Transfers During a Dispute.
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 NJStar / INWW'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. NJStar / INWW reserve the right to cancel any
transfer of a domain name registration to another holder that is made
in violation of this subparagraph.
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 NJStar / INWW
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 NJStar / INWW
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 NJStar /
INWW 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.
/ INWW reserve the right to modify this Policy at any time with the permission
of ICANN. NJStar / INWW will post the revised Policy at on its web page
at 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 NJStar / INWW, provided that
the Registrant will not be entitled to a refund of any fees the Registrant
paid to NJStar / INWW. The revised Policy will apply to the Registrant
until the Registrant cancels the domain name registration.