Uniform Domain NameDispute Resolution Policy
(AsApproved by ICANN on October 24, 1999)
1.PURPOSE. This Uniform Domain Name Dispute Resolution Policy(the"Policy") has been adopted by the Internet Corporation forAssigned Names and Numbers ("ICANN"), is incorporated byreference into your Registration Agreement, and sets forth the termsand conditions in connection with a dispute between you and any partyother than us (the registrar) over the registration and use of anInternet domain name registered by you. Proceedings under Paragraph 4of this Policy will be conducted according to the Rules for UniformDomain Name Dispute Resolution Policy (the "Rules ofProcedure"), which are available atwww.icann.org/udrp/udrp-rules-24oct99.htm,and the selected administrative-dispute-resolution service provider'ssupplemental rules.
thestatements that you made in your Registration Agreement are completeand accurate;
toyourknowledge, the registration of the domain name will not infringeupon or otherwise violate the rights of any third party;
youare notregistering the domain name for an unlawful purpose;
youwillnot knowingly use the domain name in violation of any applicablelaws or regulations. It is your responsibility to determine whetheryour domain name registration infringes or violates someone else'srights.
subjecttothe provisions of Paragraph 8, our receipt of written or appropriateelectronic instructions from you or your authorized agent to takesuch action;
ourreceiptof an order from a court or arbitral tribunal, in each case ofcompetent jurisdiction, requiring such action;
ourreceiptof a decision of an Administrative Panel requiring such action inany administrative proceeding to which you were a party and whichwas conducted under this Policy or a later version of this Policyadopted by ICANN. (See Paragraph 4(i) (k) below).
4.MANDATORY ADMINISTRATIVE PROCEEDINGS. This Paragraph setsforththe type of disputes for which you are required to submit to amandatory administrative proceeding. These proceedings will beconducted before one of the administrative-dispute-resolution serviceproviders listed at www.icann.org/udrp/approved-providers.htm(each, a "Provider").
a. Applicable Disputes. You are required to submitto amandatory administrative proceeding in the event that a third party(a "complainant") asserts to the applicable Provider, incompliance with the Rules of Procedure, that
youhave norights or legitimate interests in respect of the domain name; and
yourdomainname has been registered and is being used in bad faith.
b. Evidence of Registration and Use in Bad Faith.For thepurposes of Paragraph 4(a)/(iii), the following circumstances, inparticular but without limitation, if found by the Panel to bepresent, shall be evidence of the registration and use of a domainname in bad faith:
circumstances indicating that you haveregistered or you haveacquired the domain name primarily for the purpose of selling,renting, or otherwise transferring the domain name registration tothe complainant who is the owner of the trademark or service mark orto a competitor of that complainant, for valuable consideration inexcess of your documented out-of-pocket costs directly related tothe domain name; or
youhaveregistered the domain name in order to prevent the owner of thetrademark or service mark from reflecting the mark in acorresponding domain name, provided that you have engaged in apattern of such conduct; or
youhaveregistered the domain name primarily for the purpose of disruptingthe business of a competitor; or
byusingthe domain name, you have intentionally attempted to attract, forcommercial gain, Internet users to your web site or other on-linelocation, by creating a likelihood of confusion with thecomplainant's mark as to the source, sponsorship, affiliation, orendorsement of your web site or location or of a product or serviceon your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interestsinthe Domain Name in Responding to a Complaint. When youreceive acomplaint, you should refer to Paragraph 5 of the Rules of Procedurein determining how your response should be prepared. Any of thefollowing circumstances, in particular but without limitation, iffound by the Panel to be proved based on its evaluation of allevidence presented, shall demonstrate your rights or legitimateinterests to the domain name for purposes of Paragraph 4(a)(ii):
before any notice to you of thedispute, your use of, ordemonstrable preparations to use, the domain name or a namecorresponding to the domain name in connection with a bona fideoffering of goods or services; or
you(as anindividual, business, or other organization) have been commonlyknown by the domain name, even if you have acquired no trademark orservice mark rights; or
you aremaking a legitimate noncommercial or fair use of the domain name,without intent for commercial gain to misleadingly divert consumersor to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shallselect theProvider from among those approved by ICANN by submitting thecomplaint to that Provider. The selected Provider will administer theproceeding, except in cases of consolidation as described inParagraph 4(f).
e. Initiation of Proceeding and Process and Appointment ofAdministrative Panel. The Rules of Procedure state theprocess ofinitiating and conducting a proceeding and appointing the panel thatwill resolve the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputesbetweenyou and a complainant, either you or the complainant may petition toconsolidate the disputes before a single Administrative Panel. Thispetition shall be made to the first Administrative Panel appointed tohear a pending dispute between the parties. This Administrative Panelmay consolidate before it any or all such disputes in its solediscretion, provided that the disputes that are to be consolidatedare governed by this Policy or a later version of this Policy adoptedby ICANN.
g. Fees. All fees charged by a Provider inconnection to anydispute before an Administrative Panel pursuant to this Policy shallbe paid by the complainant, except in cases where you elect to expandthe Administrative Panel from one to three panelists as provided inParagraph 5(b)(iv) of the Rules of Procedure, in which case all feeswill be split evenly between you and the complainant.
h. Our Involvement in Administrative Proceedings. Wedo not,and will not, participate in the administration or conduct of anyproceeding before an Administrative Panel. In addition, we will notbe liable as a result of any decisions rendered by the AdministrativePanel.
i. Remedies. The remedies available to a complainantpursuantto any proceeding before an Administrative Panel shall be limited torequiring the cancellation of your domain name or the transfer ofyour domain name registration to the complainant.
j. Notification and Publication. The Provider shallnotify usof any decision made by an Administrative Panel with respect to adomain name you have registered with us. All decisions under thisPolicy will be published in full over the Internet, except when anAdministrative Panel determines in an exceptional case to redactportions of its decision.
k. Availability of Court Proceedings. The mandatoryadministrative proceeding requirements set forth in Paragraph 4 shallnot prevent either you or the complainant from submitting the disputeto a court of competent jurisdiction for independent resolutionbefore such mandatory administrative proceeding is commenced or aftersuch proceeding is concluded. If an Administrative Panel decides thatyour domain name registration should be canceled or transferred, wewill wait ten (10) business days (as observed in the location of ourprincipal office) after we are informed by the applicable Provider ofthe Administrative Panel's decision before implementing thatdecision. We will then implement the decision unless we have receivedfrom you during that ten (10) business day period officialdocumentation (such as a copy of a complaint, file-stamped by theclerk of the court) that you have commenced a lawsuit against thecomplainant in a jurisdiction to which the complainant has submittedunder Paragraph 3(b)(xiii) of the Rules of Procedure. (In general,that jurisdiction is either the location of our principal office orof your address as shown in our WHOIS database (see Paragraphs 1 and3(b)(xiii) of the Rules of Procedure for details). If we receive suchdocumentation within the ten (10) business day period, we will notimplement the Administrative Panel's decision, and we will take nofurther action, until we receive:
evidencesatisfactory to us of a resolution between the parties;
evidencesatisfactory to us that your lawsuit has been dismissed orwithdrawn;
acopy ofan order from such court dismissing your lawsuit or ordering thatyou do not have the right to continue to use your domain name.
5.ALL OTHER DISPUTES AND LITIGATION. All other disputesbetween youand any party other than us regarding your domain name registration,that are not brought pursuant to the mandatory administrativeproceeding provisions of Paragraph 4, shall be resolved between youand such other party through any court, arbitration or otherproceeding that may be available.
6.OUR INVOLVEMENT IN DISPUTES. We will not participate in anywayin any dispute between you and any party other than us regarding theregistration and use of your domain name. You shall not name us as aparty or otherwise include us in any such proceeding. In the eventthat we are named as a party in any such proceeding, we reserve theright to raise any and all defenses deemed appropriate, and to takeany 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 domainname registration under this Policy except as provided in Paragraph 3above.
duringapending administrative proceeding brought pursuant to Paragraph 4 orfor a period of fifteen (15) business days (as observed in thelocation of our principal place of business) after such proceedingis concluded; or
duringapending court proceeding or arbitration commenced regarding yourdomain name unless the party to whom the domain name registration isbeing transferred agrees, in writing, to be bound by the decision ofthe court or arbitrator.
Wereserve theright to cancel any transfer of a domain name registration toanother holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer yourdomain nameregistration to another registrar during a pending administrativeproceeding brought pursuant to Paragraph 4 or for a period of fifteen(15) business days (as observed in the location of our principalplace of business) after such proceeding is concluded. You maytransfer administration of your domain name registration to anotherregistrar during a pending court action or arbitration, provided thatthe domain name you have registered with us shall continue to besubject to the proceedings commenced against you in accordance withthe terms of this Policy. In the event that you transfer a domainname registration to us during the pendency of a court action orarbitration, such dispute shall remain subject to the domain namedispute policy of the registrar from which the domain nameregistration was transferred.
9.POLICY MODIFICATIONS. We reserve the right to modify thisPolicyat any time with the permission of ICANN. We will post our revisedPolicy at XOOMSERVERS.NETatleast thirty (30) calendar days before it becomes effective. Unlessthis Policy has already been invoked by the submission of a complaintto a Provider, in which event the version of the Policy in effect atthe 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 domainname registration dispute, whether the dispute arose before, on orafter the effective date of our change. In the event that you objectto a change in this Policy, your sole remedy is to cancel your domainname registration with us, provided that you will not be entitled toa refund of any fees you paid to us. The revised Policy will apply toyou until you cancel your domain name registration.