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| author | ivan <ivan> | 2007-03-11 11:50:26 +0000 |
|---|---|---|
| committer | ivan <ivan> | 2007-03-11 11:50:26 +0000 |
| commit | a48c66703980aa3c3dd741cb1dc7fe5f20e788b3 (patch) | |
| tree | 97016d5de87280b283b38eb0938f677585069a50 /udrp.html | |
| parent | 35d62b8edc8cadd14a3ff76dc57c7c0891a329f4 (diff) | |
add info on certs and domains
Diffstat (limited to 'udrp.html')
| -rw-r--r-- | udrp.html | 315 |
1 files changed, 315 insertions, 0 deletions
diff --git a/udrp.html b/udrp.html new file mode 100644 index 0000000..a669ac5 --- /dev/null +++ b/udrp.html @@ -0,0 +1,315 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
+
+<HTML>
+<HEAD>
+<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=windows-1252">
+<TITLE>ICANN | Uniform Domain Name Dispute Resolution Policy</TITLE>
+
+{ include('elements/header.html'); }
+
+<TABLE align="center" WIDTH="95%" BORDER="0" CELLSPACING="2" CELLPADDING="0">
+ <TR>
+ <TD WIDTH="7%"> </TD>
+ <TD WIDTH="25%"><IMG SRC="http://www.icann.org/logos/icann-logo.gif"
+ WIDTH="188" HEIGHT="145" NATURALSIZEFLAG="0" ALIGN="BOTTOM"
+ ALT="ICANN Logo"></TD>
+ <TD WIDTH="68%" align="center">
+ <p><font size="+2"><b>Uniform Domain Name <BR>
+ Dispute Resolution Policy</b></FONT> </p>
+ <P>Policy Adopted: August 26, 1999<BR>
+ Implementation Documents Approved: October 24, 1999
+ </TD>
+ </TR>
+ <tr>
+ <td colspan="3">
+ <P>
+ <HR ALIGN=LEFT NOSHADE>
+ <p></P>
+ <BLOCKQUOTE>
+ <P><B>Notes:</B></P>
+ <P><B>1. This policy is now in effect. See <A HREF="/udrp/udrp-schedule.htm">www.icann.org/udrp/udrp-schedule.htm</A>
+ for the implementation schedule.</B></P>
+ <P><B>2. This policy has been adopted by all accredited domain-name registrars
+ for domain names ending in .com, .net, and .org. It has also been adopted
+ by certain managers of country-code top-level domains (e.g., .nu, .tv,
+ .ws).</B></P>
+ <P><B>3. The policy is between the registrar (or other registration authority
+ in the case of a country-code top-level domain) and its customer (the
+ domain-name holder or registrant). <FONT COLOR="#ff0000">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.</FONT></B></P>
+ </BLOCKQUOTE>
+ <P>
+ <HR ALIGN=LEFT NOSHADE>
+ <p></P>
+ <P align="center"><B><FONT SIZE="+1">Uniform Domain Name Dispute Resolution
+ Policy</FONT></B></P>
+ <P>(As Approved by ICANN on October 24, 1999)</P>
+ <P><A NAME="1"></A><B>1. <U>Purpose</U>.</B><FONT
+ FACE="Arial"> 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 <A HREF="#4">Paragraph 4</A> 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 <A HREF="/dndr/udrp/uniform-rules.htm">www.icann.org/udrp/udrp-rules-24oct99.htm</A>,
+ and the selected administrative-dispute-resolution service provider's
+ supplemental rules.</FONT></P>
+ <P><A NAME="2"></A><B>2. <U>Your Representations</U>.</B><FONT
+ FACE="Arial"> 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.</FONT></P>
+ <P><A NAME="3"></A><B><FONT FACE="Arial">3. <U>Cancellations, Transfers,
+ and Changes</U>.</FONT></B><FONT FACE="Arial"> We will cancel, transfer
+ or otherwise make changes to domain name registrations under the following
+ circumstances:</FONT></P>
+ <BLOCKQUOTE>
+ <P><A NAME="3a"></A>a. subject to the provisions of <A HREF="#8">Paragraph
+ 8</A>, our receipt of written or appropriate electronic instructions
+ from you or your authorized agent to take such action;</P>
+ <P><A NAME="3b"></A>b. our receipt of an order from a court or arbitral
+ tribunal, in each case of competent jurisdiction, requiring such action;
+ and/or</P>
+ <P><A NAME="3c"></A><FONT FACE="Arial">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 <A HREF="#4i">Paragraph
+ 4(i)</A> and <A HREF="#4k">(k)</A> below.)</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="3End"></A><FONT FACE="Arial">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.</FONT></P>
+ <P><A NAME="4"></A><B><FONT FACE="Arial">4. <U>Mandatory Administrative
+ Proceeding</U>.</FONT></B></P>
+ <P><FONT FACE="Arial">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 <A HREF="/dndr/udrp/approved-providers.htm">www.icann.org/udrp/approved-providers.htm</A>
+ (each, a "Provider").</FONT></P>
+ <BLOCKQUOTE>
+ <P><A NAME="4a"></A><B><FONT FACE="Arial">a. Applicable Disputes.</FONT></B><FONT
+ FACE="Arial"> 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</FONT></P>
+ <BLOCKQUOTE>
+ <P><A NAME="4ai"></A><FONT FACE="Arial">(i) your domain name is identical
+ or confusingly similar to a trademark or service mark in which the
+ complainant has rights; and</FONT></P>
+ <P><A NAME="4aii"></A><FONT FACE="Arial">(ii) you have no rights or
+ legitimate interests in respect of the domain name; and</FONT></P>
+ <P><A NAME="4aiii"></A><FONT FACE="Arial">(iii) your domain name has
+ been registered and is being used in bad faith.</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="4aEnd"></A><FONT FACE="Arial">In the administrative proceeding,
+ the complainant must prove that each of these three elements are present.</FONT></P>
+ <P><A NAME="4b"></A><B><FONT FACE="Arial">b. Evidence of Registration
+ and Use in Bad Faith.</FONT></B><FONT FACE="Arial"> For the purposes
+ of <A HREF="#4aiii">Paragraph 4(a)(iii)</A>, 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:</FONT></P>
+ <BLOCKQUOTE>
+ <P><A NAME="4bi"></A><FONT FACE="Arial">(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</FONT></P>
+ <P><A NAME="4bii"></A><FONT FACE="Arial">(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</FONT></P>
+ <P><A NAME="4biii"></A><FONT FACE="Arial">(iii) you have registered
+ the domain name primarily for the purpose of disrupting the business
+ of a competitor; or</FONT></P>
+ <P><A NAME="4biv"></A><FONT FACE="Arial">(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.</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="4c"></A><B><FONT FACE="Arial">c. How to Demonstrate Your Rights
+ to and Legitimate Interests in the Domain Name in Responding to a Complaint.</FONT></B><FONT FACE="Arial">
+ When you receive a complaint, you should refer to <A HREF="/dndr/udrp/uniform-rules.htm#5">Paragraph
+ 5</A> 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 <A HREF="#4aii">Paragraph
+ 4(a)(ii)</A>:</FONT></P>
+ <BLOCKQUOTE>
+ <P><A NAME="4ci"></A><FONT FACE="Arial">(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</FONT></P>
+ <P><A NAME="4cii"></A><FONT FACE="Arial">(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</FONT></P>
+ <P><A NAME="4ciii"></A><FONT FACE="Arial">(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.</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="4d"></A><B><FONT FACE="Arial">d. Selection of Provider.</FONT></B><FONT
+ FACE="Arial"> 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 <A HREF="#4f">Paragraph 4(f)</A>.</FONT></P>
+ <P><A NAME="4e"></A><B><FONT FACE="Arial">e. Initiation of Proceeding
+ and Process and Appointment of Administrative Panel.</FONT></B><FONT
+ FACE="Arial"> 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").</FONT></P>
+ <P><A NAME="4f"></A><B><FONT FACE="Arial">f. Consolidation.</FONT></B><FONT
+ FACE="Arial"> 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.</FONT></P>
+ <P><A NAME="4g"></A><B><FONT FACE="Arial">g. Fees.</FONT></B><FONT
+ FACE="Arial"> 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 <A HREF="/dndr/udrp/uniform-rules.htm#5biv">Paragraph
+ 5(b)(iv)</A> of the Rules of Procedure, in which case all fees will
+ be split evenly by you and the complainant.</FONT></P>
+ <P><A NAME="4h"></A><B><FONT FACE="Arial">h. Our Involvement in Administrative
+ Proceedings.</FONT></B><FONT FACE="Arial"> 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.</FONT></P>
+ <P><A NAME="4i"></A><B><FONT FACE="Arial">i. Remedies.</FONT></B><FONT
+ FACE="Arial"> 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.</FONT></P>
+ <P><A NAME="4j"></A><B><FONT FACE="Arial">j. Notification and Publication.</FONT></B><FONT FACE="Arial">
+ 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.</FONT></P>
+ <P><A NAME="4k"></A><B><FONT FACE="Arial">k. Availability of Court Proceedings.</FONT></B><FONT FACE="Arial">
+ The mandatory administrative proceeding requirements set forth in <A HREF="#4">Paragraph
+ 4</A> 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 <A HREF="/dndr/udrp/uniform-rules.htm#3bxiii">Paragraph
+ 3(b)(xiii)</A> 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 <A HREF="/dndr/udrp/uniform-rules.htm#1MutualJurisdiction">Paragraphs
+ 1</A> and <A HREF="/dndr/udrp/uniform-rules.htm#3bxiii">3(b)(xiii)</A>
+ 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.</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="5"></A><B><FONT FACE="Arial">5. <U>All Other Disputes and Litigation</U>.</FONT></B><FONT FACE="Arial">
+ 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 <A HREF="#4">Paragraph 4</A> shall
+ be resolved between you and such other party through any court, arbitration
+ or other proceeding that may be available.</FONT></P>
+ <P><A NAME="6"></A><B><FONT FACE="Arial">6. <U>Our Involvement in Disputes</U>.</FONT></B><FONT FACE="Arial">
+ 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.</FONT></P>
+ <P><A NAME="7"></A><B><FONT FACE="Arial">7. <U>Maintaining the Status Quo</U>.</FONT></B><FONT FACE="Arial">
+ We will not cancel, transfer, activate, deactivate, or otherwise change
+ the status of any domain name registration under this Policy except as
+ provided in <A HREF="#3">Paragraph 3</A> above.</FONT></P>
+ <P><A NAME="8"></A><B><FONT FACE="Arial">8. <U>Transfers During a Dispute</U>.</FONT></B></P>
+ <BLOCKQUOTE>
+ <P><A NAME="8a"></A><B><FONT FACE="Arial">a. Transfers of a Domain Name
+ to a New Holder.</FONT></B><FONT FACE="Arial"> You may not transfer
+ your domain name registration to another holder (i) during a pending
+ administrative proceeding brought pursuant to <A HREF="#4">Paragraph
+ 4</A> 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.</FONT></P>
+ <P><A NAME="8b"></A><B><FONT FACE="Arial">b. Changing Registrars.</FONT></B><FONT
+ FACE="Arial"> You may not transfer your domain name registration to another
+ registrar during a pending administrative proceeding brought pursuant
+ to <A HREF="#4">Paragraph 4</A> 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.</FONT></P>
+ </BLOCKQUOTE>
+ <P><A NAME="9"></A><B><FONT FACE="Arial">9. <U>Policy Modifications</U>.</FONT></B><FONT
+ FACE="Arial"> We reserve the right to modify this Policy at any time with
+ the permission of ICANN. We will post our revised Policy at <URL>
+ 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.</FONT></P>
+ <P>
+ <CENTER>
+ <FONT FACE="Arial">
+ <HR NOSHADE>
+ </FONT> <P>
+ <CENTER>
+ <FONT SIZE="-1" FACE="Arial">Page Updated
+ <!-- #BeginDate format:En2 -->17-May-2002<!-- #EndDate -->
+ </FONT><FONT
+ FACE="Arial"><BR>
+ </FONT><FONT SIZE="-2" FACE="Arial">©2000, 2002 The Internet
+ Corporation for Assigned Names and Numbers.</FONT><FONT FACE="Arial">
+ </FONT><FONT SIZE="-2" FACE="Arial">All rights reserved.</FONT>
+ </CENTER>
+ </TD>
+ </TR>
+</TABLE>
+
+{ include('elements/footer.html'); }
|