From a48c66703980aa3c3dd741cb1dc7fe5f20e788b3 Mon Sep 17 00:00:00 2001 From: ivan Date: Sun, 11 Mar 2007 11:50:26 +0000 Subject: add info on certs and domains --- udrp.html | 315 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 315 insertions(+) create mode 100644 udrp.html (limited to 'udrp.html') diff --git a/udrp.html b/udrp.html new file mode 100644 index 0000000..a669ac5 --- /dev/null +++ b/udrp.html @@ -0,0 +1,315 @@ + + + + + +ICANN | Uniform Domain Name Dispute Resolution Policy + +{ include('elements/header.html'); } + + + + + + + + + + +
 ICANN Logo +

Uniform Domain Name
+ Dispute Resolution Policy

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Policy Adopted: August 26, 1999
+ Implementation Documents Approved: October 24, 1999 +

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Notes:

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1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm + for the implementation schedule.

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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).

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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). 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.

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Uniform Domain Name Dispute Resolution + Policy

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(As Approved by ICANN on October 24, 1999)

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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 www.icann.org/udrp/udrp-rules-24oct99.htm, + and the selected administrative-dispute-resolution service provider's + supplemental rules.

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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.

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3. Cancellations, Transfers, + and Changes. We will cancel, transfer + or otherwise make changes to domain name registrations under the following + circumstances:

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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;

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b. our receipt of an order from a court or arbitral + tribunal, in each case of competent jurisdiction, requiring such action; + and/or

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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.)

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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.

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4. Mandatory Administrative + Proceeding.

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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 www.icann.org/udrp/approved-providers.htm + (each, a "Provider").

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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

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(i) your domain name is identical + or confusingly similar to a trademark or service mark in which the + complainant has rights; and

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(ii) you have no rights or + legitimate interests in respect of the domain name; and

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(iii) your domain name has + been registered and is being used in bad faith.

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In the administrative proceeding, + the complainant must prove that each of these three elements are present.

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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:

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(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

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(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

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(iii) you have registered + the domain name primarily for the purpose of disrupting the business + of a competitor; or

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(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.

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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):

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(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

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(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

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(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.

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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).

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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").

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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8. Transfers During a Dispute.

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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.

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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.

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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 <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.

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+ Page Updated + 17-May-2002 +
+ ©2000, 2002  The Internet + Corporation for Assigned Names and Numbers. + All rights reserved. +
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