Arbitration and mediation service
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Arbitration and mediation service.
This dispute resolution policy (the Policy) has been
adopted by the Internet
Corporation for Assigned Names and Numbers (ICANN), is
incorporated by reference into your service agreement,
and sets forth the terms and conditions in connection with a dispute
between you and any party other than Melbourne IT Limited d/b/a Internet Names Worldwide (INWW)
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 (Rules
of Procedure) 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 service 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 here (each, a Provider).
4.(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
(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.
4.(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.
4.(c) How to demonstrate your rights 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.
4.(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).
4.(e) Initiation of proceeding 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").
4.(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.
4.(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.
4.(h) Our involvement in admistrative 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
4.(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.
4.(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.
4.(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 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) Transfer 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 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.
Timeline for the Formulation and Implementation
of the Uniform Domain-Name Dispute-Resolution Policy
| Arbitration and Mediation