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| Rules
for Uniform Domain Name Dispute Resolution Policy |
Rules for Uniform Domain Name Dispute
Resolution Policy
(the "Rules")
(As Approved by ICANN on October 24,
1999)
Administrative proceedings for the resolution
of disputes under the Uniform Dispute Resolution Policy adopted
by ICANN shall be governed by these Rules and also the Supplemental
Rules of the Provider administering the proceedings, as posted
on its web site.1. DefinitionsIn these Rules:
Complainant means the party initiating
a complaint concerning a domain-name registration.ICANN
refers to the Internet Corporation for Assigned Names and
Numbers.Mutual Jurisdiction means a court jurisdiction
at the location of either (a) the principal office of the
Registrar (provided the domain-name holder has submitted
in its Registration Agreement to that jurisdiction for court
adjudication of disputes concerning or arising from the
use of the domain name) or (b) the domain-name holder's
address as shown for the registration of the domain name
in Registrar's Whois database at the time the complaint
is submitted to the Provider.Panel means an administrative
panel appointed by a Provider to decide a complaint concerning
a domain-name registration.Panelist means an individual
appointed by a Provider to be a member of a Panel.Party
means a Complainant or a Respondent.Policy means
the Uniform Domain Name Dispute Resolution Policy that is
incorporated by reference and made a part of the Registration
Agreement.Provider means a dispute-resolution service
provider approved by ICANN. A list of such Providers appears
at www.icann.org/udrp/approved-providers.htm.Registrar
means the entity with which the Respondent has registered
a domain name that is the subject of a complaint.Registration
Agreement means the agreement between a Registrar and
a domain-name holder.Respondent means the holder
of a domain-name registration against which a complaint
is initiated.Reverse Domain Name Hijacking means
using the Policy in bad faith to attempt to deprive a registered
domain-name holder of a domain name.Supplemental Rules
means the rules adopted by the Provider administering a
proceeding to supplement these Rules. Supplemental Rules
shall not be inconsistent with the Policy or these Rules
and shall cover such topics as fees, word and page limits
and guidelines, the means for communicating with the Provider
and the Panel, and the form of cover sheets.
2. Communications
(a) When forwarding a complaint to the
Respondent, it shall be the Provider's responsibility to
employ reasonably available means calculated to achieve
actual notice to Respondent. Achieving actual notice, or
employing the following measures to do so, shall discharge
this responsibility:
(i) sending the complaint to all postal-mail
and facsimile addresses (A) shown in the domain name's
registration data in Registrar's Whois database for the
registered domain-name holder, the technical contact,
and the administrative contact and (B) supplied by Registrar
to the Provider for the registration's billing contact;
and(ii) sending the complaint in electronic form (including
annexes to the extent available in that form) by e-mail
to:
(A) the e-mail addresses for those
technical, administrative, and billing contacts;(B)
postmaster@<the contested domain name>; and(C)
if the domain name (or "www." followed by the domain
name) resolves to an active web page (other than a generic
page the Provider concludes is maintained by a registrar
or ISP for parking domain-names registered by multiple
domain-name holders), any e-mail address shown or e-mail
links on that web page; and
(iii) sending the complaint to any
address the Respondent has notified the Provider it prefers
and, to the extent practicable, to all other addresses
provided to the Provider by Complainant under Paragraph
3(b)(v).
(b) Except as provided in Paragraph 2(a),
any written communication to Complainant or Respondent provided
for under these Rules shall be made by the preferred means
stated by the Complainant or Respondent, respectively (see
Paragraphs 3(b)(iii) and 5(b)(iii)), or in the absence of
such specification
(i) by telecopy or facsimile transmission,
with a confirmation of transmission; or(ii) by postal
or courier service, postage pre-paid and return receipt
requested; or(iii) electronically via the Internet, provided
a record of its transmission is available.
(c) Any communication to the Provider
or the Panel shall be made by the means and in the manner
(including number of copies) stated in the Provider's Supplemental
Rules.(d) Communications shall be made in the language prescribed
in Paragraph 11. E-mail communications should, if practicable,
be sent in plaintext.(e) Either Party may update its contact
details by notifying the Provider and the Registrar.(f)
Except as otherwise provided in these Rules, or decided
by a Panel, all communications provided for under these
Rules shall be deemed to have been made:
(i) if delivered by telecopy or facsimile
transmission, on the date shown on the confirmation of
transmission; or(ii) if by postal or courier service,
on the date marked on the receipt; or(iii) if via the
Internet, on the date that the communication was transmitted,
provided that the date of transmission is verifiable.
(g) Except as otherwise provided in these
Rules, all time periods calculated under these Rules to
begin when a communication is made shall begin to run on
the earliest date that the communication is deemed to have
been made in accordance with Paragraph 2(f).(h) Any communication
by
(i) a Panel to any Party shall be copied
to the Provider and to the other Party;(ii) the Provider
to any Party shall be copied to the other Party; and(iii)
a Party shall be copied to the other Party, the Panel
and the Provider, as the case may be.
(i) It shall be the responsibility of
the sender to retain records of the fact and circumstances
of sending, which shall be available for inspection by affected
parties and for reporting purposes.(j) In the event a Party
sending a communication receives notification of non-delivery
of the communication, the Party shall promptly notify the
Panel (or, if no Panel is yet appointed, the Provider) of
the circumstances of the notification. Further proceedings
concerning the communication and any response shall be as
directed by the Panel (or the Provider).
3. The Complaint
(a) Any person or entity may initiate
an administrative proceeding by submitting a complaint in
accordance with the Policy and these Rules to any Provider
approved by ICANN. (Due to capacity constraints or for other
reasons, a Provider's ability to accept complaints may be
suspended at times. In that event, the Provider shall refuse
the submission. The person or entity may submit the complaint
to another Provider.)(b) The complaint shall be submitted
in hard copy and (except to the extent not available for
annexes) in electronic form and shall:
(i) Request that the complaint be submitted
for decision in accordance with the Policy and these Rules;(ii)
Provide the name, postal and e-mail addresses, and the
telephone and telefax numbers of the Complainant and of
any representative authorized to act for the Complainant
in the administrative proceeding;(iii) Specify a preferred
method for communications directed to the Complainant
in the administrative proceeding (including person to
be contacted, medium, and address information) for each
of (A) electronic-only material and (B) material including
hard copy;(iv) Designate whether Complainant elects to
have the dispute decided by a single-member or a three-member
Panel and, in the event Complainant elects a three-member
Panel, provide the names and contact details of three
candidates to serve as one of the Panelists (these candidates
may be drawn from any ICANN-approved Provider's list of
panelists);(v) Provide the name of the Respondent (domain-name
holder) and all information (including any postal and
e-mail addresses and telephone and telefax numbers) known
to Complainant regarding how to contact Respondent or
any representative of Respondent, including contact information
based on pre-complaint dealings, in sufficient detail
to allow the Provider to send the complaint as described
in Paragraph 2(a);(vi) Specify the domain name(s) that
is/are the subject of the complaint;(vii) Identify the
Registrar(s) with whom the domain name(s) is/are registered
at the time the complaint is filed;(viii) Specify the
trademark(s) or service mark(s) on which the complaint
is based and, for each mark, describe the goods or services,
if any, with which the mark is used (Complainant may also
separately describe other goods and services with which
it intends, at the time the complaint is submitted, to
use the mark in the future.);(ix) Describe, in accordance
with the Policy, the grounds on which the complaint is
made including, in particular,
(1) the manner in which the domain
name(s) is/are identical or confusingly similar to a
trademark or service mark in which the Complainant has
rights; and(2) why the Respondent (domain-name holder)
should be considered as having no rights or legitimate
interests in respect of the domain name(s) that is/are
the subject of the complaint; and(3) why the domain
name(s) should be considered as having been registered
and being used in bad faith
(The description should, for elements
(2) and (3), discuss any aspects of Paragraphs 4(b) and
4(c) of the Policy that are applicable. The description
shall comply with any word or page limit set forth in
the Provider's Supplemental Rules.);(x) Specify, in accordance
with the Policy, the remedies sought;(xi) Identify any
other legal proceedings that have been commenced or terminated
in connection with or relating to any of the domain name(s)
that are the subject of the complaint;(xii) State that
a copy of the complaint, together with the cover sheet
as prescribed by the Provider's Supplemental Rules, has
been sent or transmitted to the Respondent (domain-name
holder), in accordance with Paragraph 2(b);(xiii) State
that Complainant will submit, with respect to any challenges
to a decision in the administrative proceeding canceling
or transferring the domain name, to the jurisdiction of
the courts in at least one specified Mutual Jurisdiction;(xiv)
Conclude with the following statement followed by the
signature of the Complainant or its authorized representative:
"Complainant agrees that its claims
and remedies concerning the registration of the domain
name, the dispute, or the dispute's resolution shall
be solely against the domain-name holder and waives
all such claims and remedies against (a) the dispute-resolution
provider and panelists, except in the case of deliberate
wrongdoing, (b) the registrar, (c) the registry administrator,
and (d) the Internet Corporation for Assigned Names
and Numbers, as well as their directors, officers, employees,
and agents.""Complainant certifies that the information
contained in this Complaint is to the best of Complainant's
knowledge complete and accurate, that this Complaint
is not being presented for any improper purpose, such
as to harass, and that the assertions in this Complaint
are warranted under these Rules and under applicable
law, as it now exists or as it may be extended by a
good-faith and reasonable argument."; and
(xv) Annex any documentary or other
evidence, including a copy of the Policy applicable to
the domain name(s) in dispute and any trademark or service
mark registration upon which the complaint relies, together
with a schedule indexing such evidence.
(c) The complaint may relate to more
than one domain name, provided that the domain names are
registered by the same domain-name holder.
4. Notification of Complaint
(a) The Provider shall review the complaint
for administrative compliance with the Policy and these
Rules and, if in compliance, shall forward the complaint
(together with the explanatory cover sheet prescribed by
the Provider's Supplemental Rules) to the Respondent, in
the manner prescribed by Paragraph 2(a), within three (3)
calendar days following receipt of the fees to be paid by
the Complainant in accordance with Paragraph 19.(b) If the
Provider finds the complaint to be administratively deficient,
it shall promptly notify the Complainant and the Respondent
of the nature of the deficiencies identified. The Complainant
shall have five (5) calendar days within which to correct
any such deficiencies, after which the administrative proceeding
will be deemed withdrawn without prejudice to submission
of a different complaint by Complainant.(c) The date of
commencement of the administrative proceeding shall be the
date on which the Provider completes its responsibilities
under Paragraph 2(a) in connection with forwarding the Complaint
to the Respondent.(d) The Provider shall immediately notify
the Complainant, the Respondent, the concerned Registrar(s),
and ICANN of the date of commencement of the administrative
proceeding.
5. The Response
(a) Within twenty (20) days of the date
of commencement of the administrative proceeding the Respondent
shall submit a response to the Provider.(b) The response
shall be submitted in hard copy and (except to the extent
not available for annexes) in electronic form and shall:
(i) Respond specifically to the statements
and allegations contained in the complaint and include
any and all bases for the Respondent (domain-name holder)
to retain registration and use of the disputed domain
name (This portion of the response shall comply with any
word or page limit set forth in the Provider's Supplemental
Rules.);(ii) Provide the name, postal and e-mail addresses,
and the telephone and telefax numbers of the Respondent
(domain-name holder) and of any representative authorized
to act for the Respondent in the administrative proceeding;(iii)
Specify a preferred method for communications directed
to the Respondent in the administrative proceeding (including
person to be contacted, medium, and address information)
for each of (A) electronic-only material and (B) material
including hard copy;(iv) If Complainant has elected a
single-member panel in the Complaint (see Paragraph 3(b)(iv)),
state whether Respondent elects instead to have the dispute
decided by a three-member panel;(v) If either Complainant
or Respondent elects a three-member Panel, provide the
names and contact details of three candidates to serve
as one of the Panelists (these candidates may be drawn
from any ICANN-approved Provider's list of panelists);(vi)
Identify any other legal proceedings that have been commenced
or terminated in connection with or relating to any of
the domain name(s) that are the subject of the complaint;(vii)
State that a copy of the response has been sent or transmitted
to the Complainant, in accordance with Paragraph 2(b);
and(viii) Conclude with the following statement followed
by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information
contained in this Response is to the best of Respondent's
knowledge complete and accurate, that this Response
is not being presented for any improper purpose, such
as to harass, and that the assertions in this Response
are warranted under these Rules and under applicable
law, as it now exists or as it may be extended by a
good-faith and reasonable argument."; and
(ix) Annex any documentary or other
evidence upon which the Respondent relies, together with
a schedule indexing such documents.
(c) If Complainant has elected to have
the dispute decided by a single-member Panel and Respondent
elects a three-member Panel, Respondent shall be required
to pay one-half of the applicable fee for a three-member
Panel as set forth in the Provider's Supplemental Rules.
This payment shall be made together with the submission
of the response to the Provider. In the event that the required
payment is not made, the dispute shall be decided by a single-member
Panel.(d) At the request of the Respondent, the Provider
may, in exceptional cases, extend the period of time for
the filing of the response. The period may also be extended
by written stipulation between the Parties, provided the
stipulation is approved by the Provider.(e) If a Respondent
does not submit a response, in the absence of exceptional
circumstances, the Panel shall decide the dispute based
upon the complaint.
6. Appointment of the Panel and Timing
of Decision
(a) Each Provider shall maintain and publish
a publicly available list of panelists and their qualifications.(b)
If neither the Complainant nor the Respondent has elected
a three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)),
the Provider shall appoint, within five (5) calendar days
following receipt of the response by the Provider, or the
lapse of the time period for the submission thereof, a single
Panelist from its list of panelists. The fees for a single-member
Panel shall be paid entirely by the Complainant.(c) If either
the Complainant or the Respondent elects to have the dispute
decided by a three-member Panel, the Provider shall appoint
three Panelists in accordance with the procedures identified
in Paragraph 6(e). The fees for a three-member Panel shall
be paid in their entirety by the Complainant, except where
the election for a three-member Panel was made by the Respondent,
in which case the applicable fees shall be shared equally
between the Parties.(d) Unless it has already elected a
three-member Panel, the Complainant shall submit to the
Provider, within five (5) calendar days of communication
of a response in which the Respondent elects a three-member
Panel, the names and contact details of three candidates
to serve as one of the Panelists. These candidates may be
drawn from any ICANN-approved Provider's list of panelists.(e)
In the event that either the Complainant or the Respondent
elects a three-member Panel, the Provider shall endeavor
to appoint one Panelist from the list of candidates provided
by each of the Complainant and the Respondent. In the event
the Provider is unable within five (5) calendar days to
secure the appointment of a Panelist on its customary terms
from either Party's list of candidates, the Provider shall
make that appointment from its list of panelists. The third
Panelist shall be appointed by the Provider from a list
of five candidates submitted by the Provider to the Parties,
the Provider's selection from among the five being made
in a manner that reasonably balances the preferences of
both Parties, as they may specify to the Provider within
five (5) calendar days of the Provider's submission of the
five-candidate list to the Parties.(f) Once the entire Panel
is appointed, the Provider shall notify the Parties of the
Panelists appointed and the date by which, absent exceptional
circumstances, the Panel shall forward its decision on the
complaint to the Provider.
7. Impartiality and IndependenceA
Panelist shall be impartial and independent and shall have,
before accepting appointment, disclosed to the Provider any
circumstances giving rise to justifiable doubt as to the Panelist's
impartiality or independence. If, at any stage during the
administrative proceeding, new circumstances arise that could
give rise to justifiable doubt as to the impartiality or independence
of the Panelist, that Panelist shall promptly disclose such
circumstances to the Provider. In such event, the Provider
shall have the discretion to appoint a substitute Panelist.8.
Communication Between Parties and the PanelNo Party
or anyone acting on its behalf may have any unilateral communication
with the Panel. All communications between a Party and the
Panel or the Provider shall be made to a case administrator
appointed by the Provider in the manner prescribed in the
Provider's Supplemental Rules.9. Transmission of the
File to the PanelThe Provider shall forward the file
to the Panel as soon as the Panelist is appointed in the case
of a Panel consisting of a single member, or as soon as the
last Panelist is appointed in the case of a three-member Panel.10.
General Powers of the Panel
(a) The Panel shall conduct the administrative
proceeding in such manner as it considers appropriate in
accordance with the Policy and these Rules.(b) In all cases,
the Panel shall ensure that the Parties are treated with
equality and that each Party is given a fair opportunity
to present its case.(c) The Panel shall ensure that the
administrative proceeding takes place with due expedition.
It may, at the request of a Party or on its own motion,
extend, in exceptional cases, a period of time fixed by
these Rules or by the Panel.(d) The Panel shall determine
the admissibility, relevance, materiality and weight of
the evidence.(e) A Panel shall decide a request by a Party
to consolidate multiple domain name disputes in accordance
with the Policy and these Rules.
11. Language of Proceedings
(a) Unless otherwise agreed by the Parties,
or specified otherwise in the Registration Agreement, the
language of the administrative proceeding shall be the language
of the Registration Agreement, subject to the authority
of the Panel to determine otherwise, having regard to the
circumstances of the administrative proceeding.(b) The Panel
may order that any documents submitted in languages other
than the language of the administrative proceeding be accompanied
by a translation in whole or in part into the language of
the administrative proceeding.
12. Further StatementsIn addition
to the complaint and the response, the Panel may request,
in its sole discretion, further statements or documents from
either of the Parties.13. In-Person HearingsThere
shall be no in-person hearings (including hearings by teleconference,
videoconference, and web conference), unless the Panel determines,
in its sole discretion and as an exceptional matter, that
such a hearing is necessary for deciding the complaint.14.
Default
(a) In the event that a Party, in the
absence of exceptional circumstances, does not comply with
any of the time periods established by these Rules or the
Panel, the Panel shall proceed to a decision on the complaint.(b)
If a Party, in the absence of exceptional circumstances,
does not comply with any provision of, or requirement under,
these Rules or any request from the Panel, the Panel shall
draw such inferences therefrom as it considers appropriate.
15. Panel Decisions
(a) A Panel shall decide a complaint on
the basis of the statements and documents submitted and
in accordance with the Policy, these Rules and any rules
and principles of law that it deems applicable.(b) In the
absence of exceptional circumstances, the Panel shall forward
its decision on the complaint to the Provider within fourteen
(14) days of its appointment pursuant to Paragraph 6.(c)
In the case of a three-member Panel, the Panel's decision
shall be made by a majority.(d) The Panel's decision shall
be in writing, provide the reasons on which it is based,
indicate the date on which it was rendered and identify
the name(s) of the Panelist(s).(e) Panel decisions and dissenting
opinions shall normally comply with the guidelines as to
length set forth in the Provider's Supplemental Rules. Any
dissenting opinion shall accompany the majority decision.
If the Panel concludes that the dispute is not within the
scope of Paragraph 4(a) of the Policy, it shall so state.
If after considering the submissions the Panel finds that
the complaint was brought in bad faith, for example in an
attempt at Reverse Domain Name Hijacking or was brought
primarily to harass the domain-name holder, the Panel shall
declare in its decision that the complaint was brought in
bad faith and constitutes an abuse of the administrative
proceeding.
16. Communication of Decision to Parties
(a) Within three (3) calendar days after
receiving the decision from the Panel, the Provider shall
communicate the full text of the decision to each Party,
the concerned Registrar(s), and ICANN. The concerned Registrar(s)
shall immediately communicate to each Party, the Provider,
and ICANN the date for the implementation of the decision
in accordance with the Policy.(b) Except if the Panel determines
otherwise (see Paragraph 4(j) of the Policy), the Provider
shall publish the full decision and the date of its implementation
on a publicly accessible web site. In any event, the portion
of any decision determining a complaint to have been brought
in bad faith (see Paragraph 15(e) of these Rules) shall
be published.
17. Settlement or Other Grounds for
Termination
(a) If, before the Panel's decision, the
Parties agree on a settlement, the Panel shall terminate
the administrative proceeding.(b) If, before the Panel's
decision is made, it becomes unnecessary or impossible to
continue the administrative proceeding for any reason, the
Panel shall terminate the administrative proceeding, unless
a Party raises justifiable grounds for objection within
a period of time to be determined by the Panel.
18. Effect of Court Proceedings
(a) In the event of any legal proceedings
initiated prior to or during an administrative proceeding
in respect of a domain-name dispute that is the subject
of the complaint, the Panel shall have the discretion to
decide whether to suspend or terminate the administrative
proceeding, or to proceed to a decision.(b) In the event
that a Party initiates any legal proceedings during the
pendency of an administrative proceeding in respect of a
domain-name dispute that is the subject of the complaint,
it shall promptly notify the Panel and the Provider. See
Paragraph 8 above.
19. Fees
(a) The Complainant shall pay to the Provider
an initial fixed fee, in accordance with the Provider's
Supplemental Rules, within the time and in the amount required.
A Respondent electing under Paragraph 5(b)(iv) to have the
dispute decided by a three-member Panel, rather than the
single-member Panel elected by the Complainant, shall pay
the Provider one-half the fixed fee for a three-member Panel.
See Paragraph 5(c). In all other cases, the Complainant
shall bear all of the Provider's fees, except as prescribed
under Paragraph 19(d). Upon appointment of the Panel, the
Provider shall refund the appropriate portion, if any, of
the initial fee to the Complainant, as specified in the
Provider's Supplemental Rules.(b) No action shall be taken
by the Provider on a complaint until it has received from
Complainant the initial fee in accordance with Paragraph
19(a).(c) If the Provider has not received the fee within
ten (10) calendar days of receiving the complaint, the complaint
shall be deemed withdrawn and the administrative proceeding
terminated.(d) In exceptional circumstances, for example
in the event an in-person hearing is held, the Provider
shall request the Parties for the payment of additional
fees, which shall be established in agreement with the Parties
and the Panel.
20. Exclusion of LiabilityExcept
in the case of deliberate wrongdoing, neither the Provider
nor a Panelist shall be liable to a Party for any act or omission
in connection with any administrative proceeding under these
Rules.21. AmendmentsThe version of these Rules
in effect at the time of the submission of the complaint to
the Provider shall apply to the administrative proceeding
commenced thereby. These Rules may not be amended without
the express written approval of ICANN.
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