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Proposed Unsponsored TLD Agreement: Appendix M (.name)

(3 July 2001)


Enforcement of Registration Restrictions

I. IN GENERAL

Disputes concerning domain name registrations made with Registry Operator in the Registry TLD may be resolved under the Uniform Domain-Name Dispute-Resolution Policy (the "UDRP") or the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), in the circumstances described below for such policies. Disputes concerning second level domain e-mail ("SLD E-mail") address registrations made with Registry Operator in the .name TLD may be resolved under the ERDRP, in the circumstances described below for such policy.

In addition, any disputes may be brought before a court or arbitral tribunal of competent jurisdiction.

The ERDRP does not apply to disputes over non-SLD E-mail addresses or other e-mail addresses not registered with Registry Operator in the .name TLD.

II. UNIFORM DISPUTE-RESOLUTION POLICY

A. General Information

All ICANN-Accredited Registrars authorized to register domain names with Registry Operator in the Registry TLD shall themselves, and shall mandate that their customers also, follow the UDRP.1 The UDRP applies to complaints by trademark or service mark owners concerning such domain name registrations, where the trademark or service mark owner asserts that:

1. the registered domain name is identical or confusingly similar to a trademark or service mark in which the challenger has rights;

2. the registrant has no rights or legitimate interests in respect of the registered domain name; and

3. the registered domain name has been registered and is being used in bad faith.

To invoke the UDRP, a trademark owner must submit a complaint to an approved dispute-resolution service provider (see below for a link to a list) in accordance with the Rules for Uniform Domain Name Dispute Resolution Policy (the "UDRP Rules").

B. Principal Documents

The following documents provide relevant details:

1. Uniform Domain Name Dispute Resolution Policy. The UDRP is followed by all ICANN-Accredited Registrars. The UDRP can be found at: http://www.icann.org/udrp/udrp-policy-24oct99.htm.

2. Rules for Uniform Domain Name Dispute Resolution Policy. The UDRP Rules are followed by all dispute-resolution service providers, with supplementation by each provider's supplemental rules. The UDRP Rules can be found at: http://www.icann.org/udrp/udrp-rules-24oct99.htm.\

3. List of Approved Dispute-Resolution Service Providers. This list can be found at: http://www.icann.org/udrp/approved-providers.htm.

4. Information Concerning Approval Process for Dispute-Resolution Service Providers. This information can be found at: http://www.icann.org/udrp/udrp-provider-approval-process.htm.

III. ELIGIBILITY REQUIREMENTS DISPUTE RESOLUTION POLICY

A. General Information

All ICANN-Accredited Registrars accredited for the Registry TLD are bound by the ERDRP, and shall mandate that their customers also be bound by the ERDRP. The ERDRP applies to challenges to (i) registered domain names and SLD E-mail address registrations within .name on the grounds that the registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name, each as set forth in Appendix L.

Any person or entity may bring a challenge to a Defensive Registration or registered domain name, or SLD E-mail address registration under the ERDRP. In the event that a challenge against a domain name or SLD E-mail address is successful, the challenger may have the registration transferred upon meeting all registration requirements (including a representation that the registrant meets the Eligibility Requirements). In the event that a challenge against a Defensive Registration is successful, (i) the challenger may register a domain name or SLD E-mail address that conflicts with the Defensive Registration, and (ii) the Defensive Registration may be subject to cancellation, as described in Appendix L.

To invoke the ERDRP, the challenger must submit a complaint to an ERDRP dispute resolution provider approved by ICANN in accordance with the Rules for Eligibility Requirements Dispute Resolution Policy (the "ERDRP Rules").

B. Principal Documents

The following documents provide details:

1. Eligibility Requirements Dispute Resolution Policy. The ERDRP is followed by all ICANN-Accredited Registrars with respect to the .name TLD. The ERDRP is attached as Exhibit 1 to this Appendix, and is made a part of the ICANN-Accredited Registrar-registrant agreement.

2. Rules for Eligibility Requirements Dispute Resolution Policy. The ERDRP Rules will be followed by all ERDRP Providers. Such ERDRP Providers may supplement these rules, as appropriate. The ERDRP Rules are attached as Exhibit 2 to this Appendix.

3. List of ERDRP Providers. The then-current list of ERDRP Providers will be identified on ICANN's web site and will be made available to Registry Operator to post on its web site.


Notes:

1. The UDRP is set forth in documents published by ICANN. The description of the UDRP in this Appendix is not authoritative and is provided for convenience only.


PROCEDURES FOR ENFORCING THE ELIGIBILITY REQUIREMENTS


The following procedures and rules shall be implemented for enforcing the Eligibility Requirements for the Registry TLD.


EXHIBIT 1 TO APPENDIX M

Eligibility Requirements Dispute Resolution Policy
(the "Policy")

[This Policy is to be incorporated in all Registration Agreements between registrars and registrants concerning domain-name registrations, SLD E-mail address registrations, and Defensive Registrations in the .name top-level domain.]

1. Purpose. This Eligibility Requirements 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 certain kinds of disputes between you and any party other than us (the registrar) over the registration and use of an Internet domain name, second level domain e-mail ("SLD E-mail") address or Defensive Registration (as described in the eligibility requirements for the .name TLD, posted at <URL>, hereafter referred to as the "Eligibility Requirements") registered by you in the .name TLD. This Policy does not apply to non-SLD E-mail addresses, or other e-mail addresses not registered in the .name TLD. The proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Eligibility Requirements Dispute Resolution Policy (the "Rules of Procedure"), which are available at <URL>, and the selected administrative dispute resolution service provider's supplemental rules. This Policy is in addition to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), posted at <URL>, which also applies to you. For the purposes of this Policy, the term "Registered Name" means a domain name or SLD E-mail address registration in the .name TLD.

2. Your Representations. By applying to register a Defensive Registration or Registered Name, or by asking us to maintain or renew a Defensive Registration or Registered Name, you hereby represent and warrant to us that, to your knowledge, the registration of your Defensive Registration or Registered Name conforms to the Eligibility Requirements. It is your responsibility to determine whether your Defensive Registration or Registered Name meets these Eligibility Requirements.

3. Cancellations, Transfers, and Changes. In addition to the circumstances described in Paragraph 3 of the UDRP, we will cancel, transfer or otherwise make changes to Defensive Registrations or Registered Names upon 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 Paragraphs 5(f) and 5(h) below.) We may also cancel, transfer or otherwise make changes to a Defensive Registration or Registered Name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding. This paragraph sets forth the types of disputes for which you are required to submit to a mandatory administrative proceeding under this Policy. These proceedings will be conducted before an ERDRP administrative dispute resolution provider which has been approved by ICANN (a "Provider"). A list of Providers is available at <URL>.

(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:

(i) for challenges to Registered Names, your Registered Name does not meet the Eligibility Requirements;

(ii) for challenges to Phase I Defensive Registrations (as defined in the Eligibility Requirements), your Phase I Defensive Registration does not meet the Eligibility Requirements for Phase I Defensive Registrations; and/or

(iii) for challenges to Phase I Defensive Registration and/or Phase II Defensive Registrations (as defined in the Eligibility Requirements), the complainant meets the Eligibility Requirements to register a Personal Name (as defined in the Eligibility Requirements) that would otherwise be blocked by your Defensive Registration.

In the administrative proceeding, the complainant must prove these elements.

(b) Registered Name Disputes: Evidence of Registration in Violation of the Eligibility Requirements. For the purposes of Paragraph 4(a)(i), if the Panel finds that:

(i) the name corresponding to the Registered Name is not your legal name (possibly with additional characters as permitted by the Eligibility Requirements);

(ii) the name corresponding to the Registered Name is not the name of a fictional character in which you have trademark or service mark rights (possibly with additional characters as permitted by the Eligibility Requirements); and

(iii) you (as an individual) have not been commonly known by the name corresponding to the Registered Name (possibly with additional characters as permitted by the Eligibility Requirements);

then such finding shall be evidence that your Registered Name violated the Eligibility Requirements. If the Panel finds that your Registered Name violated the Eligibility Requirements, the Panel shall exercise the remedies set forth in Section 5(f)(i).

(c) Registered Name Disputes: How to Demonstrate Your Rights to and Legitimate Interests in the Registered Name in Responding to a Complaint. For the purposes of Paragraph 4(a)(i), when you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared.

(d) Phase I and Phase II Defensive Registrations: The Effect on Your Defensive Registration in the Event that a Complainant Establishes Rights to and Legitimate Interests in the Registered Name. In the event that the Panel determines that a complainant may register a Personal Name (as defined in the Eligibility Requirements) that conflicts with your Defensive Registration, then the Panel shall exercise the remedies set forth in Paragraph 5(f)(ii).

(e) Phase I Defensive Registrations: The Effect on Your Phase I Defensive Registrations in the Event that a Complainant Claims That You Did Not Meet the Eligibility Requirements. In the event that the Panel determines that your Phase I Defensive Registration did not meet the applicable Eligibility Requirements, then the Panel shall exercise the remedies set forth in Paragraph 5(f)(iii).

5. Procedure.

(a) Selection of Provider. The complainant shall select the Provider from those on the list of Providers available at <URL> by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 5(c).

(b) 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").

(c) 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. Notwithstanding the foregoing, if you seek to register a Personal Name that conflicts with a Defensive Registration(s) that is held by more than one registrant, you must name all such registrants as parties to your administrative proceeding.

(d) Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel shall be paid in accordance with Paragraph 19 of the Rules.

(e) 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.

(f) Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to:

(i) for disputes over Registered Names,

(A) requiring the cancellation of your Registered Name,

(B) if the complainant represents and warrants that the complainant meets the Eligibility Requirements for a domain name or SLD E-mail registration corresponding to the Registered Name, then the complainant may request that your Registered Name be transferred to the complainant, subject to the complainant's payment of registration fees and satisfaction of other procedures for registration, and

(C) if the complainant does not represent that the complainant meets the Eligibility Requirements for a domain name or SLD E-mail registration corresponding to the Registered Name, then the complainant may elect to register the Registered Name as a combined second and third level Defensive Registration, provided that upon cancellation of your Registered Name the complainant pays Defensive Registration fees, meets the Common Defensive Registration Eligibility Requirements and otherwise meets the requirements for a combined second and third level Defensive Registration; or

(ii) for challenges to Phase I or Phase II Defensive Registrations,

(A) the payment by you of the fees charged by the Provider in connection with the dispute,

(B) to the extent the complainant represents and warrants that the complainant meets the Eligibility Requirements, the complainant may obtain any Registered Names that would otherwise be blocked by your Defensive Registration, provided the Registered Name or Names are not blocked by other Defensive Registrations and the complainant pays any applicable registration fees and satisfies other registration procedures. In the event that the challenged Defensive Registration was a combined second and third level Defensive Registration, then such Defensive Registration shall be cancelled, and

(C) if the challenge is the third successful challenge to your Defensive Registration, then your Defensive Registration will be cancelled; or

(iii) for successful challenges to Phase I Defensive Registrations on the basis that you did not meet the applicable Eligibility Requirements you will thereafter be required to demonstrate, at your expense, and as set forth in the Rules of Procedure, that you meet the Eligibility Requirements for Phase I Defensive Registrations for all Phase I Defensive Registrations that you have registered within .name with us or with any other registrar. In the event that you are unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled.

(g) Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a Defensive Registration or Registered Name. 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.

(h) 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 Defensive Registration or Registered Name 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 the registry 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 Defensive Registration or Registered Name.

6. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your Defensive Registration or Registered Name 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.

7. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us or the operator of the .name registry regarding the registration and use of your Defensive Registration or Registered 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.

8. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any Defensive Registration or Registered Name under this Policy except as provided in Paragraph 3 above.

9. Transfers During a Dispute.

(a) Transfers of a Defensive Registration or Registered Name to a New Holder. You may not transfer your Defensive Registration or Registered Name 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 Defensive Registration or Registered Name unless the party to whom the Defensive Registration or Registered Name 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 Defensive Registration or Registered Name to another holder that is made in violation of this subparagraph.

(b) Changing Registrars. You may not transfer your Defensive Registration or Registered Name 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 Defensive Registration or domain name or Registered Name to another registrar during a pending court action or arbitration, provided that the Defensive Registration or Registered 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.

10. 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 Defensive Registration or Registered Name 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 Defensive Registration or Registered Name 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 Defensive Registration or Registered Name.


EXHIBIT 2 TO APPENDIX M

Rules for Eligibility Requirements Dispute Resolution Policy
(the "Rules")

[These Rules apply uniformly to ERDRP proceedings administered by all approved Providers.]

Administrative proceedings for the resolution of disputes under the Eligibility Requirements 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. Definitions. In these Rules:

"Complainant" means the party initiating a complaint concerning a Defensive Registration or Registered Name.

"Defensive Registration" has the meaning set forth in the Eligibility Requirements.

"Eligibility Requirements" means the Eligibility Requirements for the .name TLD, posted at <URL>.

"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 or (b) the Defensive Registration or Registered Name holder's address as shown for the registration of the Defensive Registration or Registered Name in Registry Operator'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 Defensive Registration or Registered Name.

"Panelist" means an individual appointed by a Provider to be a member of a Panel.

"Party" means a Complainant or a Respondent.

"Personal Name" has the meaning set forth in the Eligibility Requirements.

"Phase I Defensive Registration" has the meaning set forth in the Eligibility Requirements.

"Phase II Defensive Registration" has the meaning set forth in the Eligibility Requirements.

"Policy" means the Eligibility Requirements Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.

"Provider" means a dispute-resolution service provider that is approved ICANN. A list of such Providers appears at <URL>.

"Registered Name" means, collectively, domain name and SLD E-mail address registrations in the .name TLD.

"Registrar" means the entity with which the Respondent has registered a Defensive Registration or Registered Name that is the subject of a complaint.

"Registration Agreement" means the agreement between a Registrar and a Defensive Registration or Registered Name holder.

"Registry Operator" means the entity that, pursuant to a Registry Agreement with ICANN, operates the registry for the .name TLD.

"Respondent" means the holder of a Defensive Registration or Registered Name against which a complaint is initiated.

"Reverse Registered Name Hijacking" means using the Policy in bad faith to attempt to deprive a Registered Name holder of a Registered Name.

"SLD E-mail" means second level domain e-mail address within the .name TLD, as described in the Eligibility Requirements.

"Supplemental Rules" means the rules adopted by the Provider and approved by ICANN 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 Defensive Registration or Registered Name data in Registry Operator's Whois database for the registration 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) for disputes over a domain name:

(1) the e-mail addresses for the registration holder and the technical, administrative, and billing contacts of the domain name;

(2) postmaster@<the contested domain name>; and

(3) 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

(B) for disputes over an SLD E-mail address:

(1) the SLD E-mail address; and

(2) the e-mail addresses for the registration holder (if different from the SLD E-mail address in question) and the technical, administrative, and billing contacts of the SLD E-mail address; and

(C) for disputes over a Defensive Registration:

(1) the e-mail addresses for the registration holder and the technical, administrative, and billing contacts of the Defensive Registration; 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 (Defensive Registration or Registered 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 Defensive Registration(s) or Registered Name(s) that is/are the subject of the complaint;

(vii) Identify the Registrar(s) with whom the Defensive Registration(s) or Registered Name(s) is/are registered at the time the complaint is filed;

(viii) Specify the Defensive Registration(s) or Registered Name(s) on which the complaint is based;

(ix) Identify the basis of the challenge, as follows:

(A) If the challenge is pursuant to Paragraph 4(b) of the Policy, describe, in accordance with the Policy, the manner in which the Registered Name(s) do not satisfy the Eligibility Requirements and, if the Complainant seeks to have the Registered Name(s) transferred to him, a representation and warranty that the complainant meets the Eligibility Requirements,

(B) If the challenge is pursuant to Paragraph 4(d) of the Policy, a representation and warranty that the Complainant meets the Eligibility Requirements to register a Personal Name in conflict with the Defensive Registration,

(C) If the challenge is pursuant to Paragraph 4(e) of the Policy, the reasons the Phase I Defensive Registration does not meet the Eligibility Requirements for Phase I Defensive Registrations;

(The description should discuss any aspects of the Policy that are applicable and 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 the any of the Defensive Registration(s) or Registered 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 (Defensive Registration or Registered 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 Defensive Registration(s) or the Registered Name(s), 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 Defensive Registration, domain name or SLD E-mail address, the dispute, or the dispute's resolution shall be solely against the Defensive Registration, domain name or SLD E-mail address 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 Defensive Registration or Registered Name(s) in dispute and any evidence of the Complainant's eligibility to register the name under the Eligibility Requirements, upon which the complaint relies, together with a schedule indexing such evidence.

(c) The complaint may relate to more than one Defensive Registration or Registered Name (domain name, SLD E-mail address, or both), provided that, in the case of Registered Names, the Registered Names are registered by the same holder. If the Complainant wishes to register a Personal Name that conflicts with a Defensive Registration(s) that is held by more than one registrant, the complaint must name all such registrants as parties to the administrative proceeding.

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 after 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) Address the allegations of the complaint, as follows:

(A) If the challenge is to a Registered Name pursuant to Paragraph 4(b) of the Policy, respond specifically to the statements and allegations contained in the complaint and include any and all bases by which Respondent (Registered Name holder) meets the Eligibility Requirements and thus should retain the disputed Registered Name,

(B) If the challenge is to a Phase I Defensive Registration pursuant to Paragraph 4(e) of the Policy, include documentation that demonstrates that Respondent meets the Eligibility Requirements for a Phase I Defensive Registration, including, without limitation, a certified copy of the Respondent's corresponding trademark or service mark registration (the Provider may, in its sole discretion, grant reasonable extensions of time for the Respondent to obtain such certified copy upon a demonstration of need by the Respondent), or

(C) If the challenge is to a Phase I or Phase II Defensive Registration pursuant to Paragraph 4(d) of the Policy, describe any evidence of which Respondent is aware that would demonstrate that the Complainant does not meet the Eligibility Requirements for the claimed domain name or SLD E-mail address;

(These portions 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 (Defensive Registration or Registered 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 Defensive Registration(s) or Registered 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.

(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).

(d) Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, within five (5) calendar days after 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 and Registry Operator-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 Independence. A 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 Panel. No 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 Panel. The 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 Defensive Registration or Registered 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 Statements. In 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 Hearings. There 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 Registered Name Hijacking or was brought primarily to harass the Registered Name or Defensive Registration holder, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

(f) If the Panel finds that Respondent is unable to demonstrate, through the documents and procedures described in Paragraph 5(b)(i)(c) of these Rules and in the Policy, that its Phase I Registration meets the applicable Eligibility Requirements, then (1) the Panel shall require Respondent to provide documentation that demonstrates that Respondent meets the Eligibility Requirements for a Phase I Defensive Registration for all other Phase I .name Defensive Registrations registered through any registrar by Respondent or entity with which Respondent is affiliated or which Respondent controls, and (2) the Panel, or such other examiner as may be appointed by the Provider, shall review each such Phase I Defensive Registration to verify that it meets the Eligibility Requirements for Phase I Defensive Registrations. Respondent shall have a period of thirty (30) days to submit all such documentation to the Panel.

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 5(g) 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 Defensive Registration or Registered 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 Defensive Registration or Registered 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) Fees shall be paid as follows:

(i) For administrative proceedings brought pursuant to Paragraph 4(b) of the Policy:

(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.

(B) 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).

(ii) For administrative proceedings brought pursuant to Paragraph 4(d) or 4(e) of the Policy:

(A) The Complainant and the Respondent shall each pay into escrow an initial fixed fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required.

(B) 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 any additional fee for a three-member Panel. See Paragraph 5(c).

(C) Upon the decision of the Panel, (I) the fee paid by the prevailing party shall be released from escrow and returned to the prevailing party, and (II) the fee paid by the losing party shall be paid to the Provider. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Panel shall not be entitled to the return of any additional fee paid for such three-member Panel, whether or not Respondent prevailed before the Panel.

(iii) Upon a successful challenge to one of Respondent's Phase I Defensive Registrations, for reviews of all of a Respondent's other Phase I Defensive Registrations conducted pursuant to Paragraph 5(f)(iii) of the Policy and Paragraph 15(f) of these Rules, Respondent shall pay a fee, in accordance with the Provider's Supplemental Rules as approved by ICANN, within the time and in the amount required.

(b) No action shall be taken by the Provider on a complaint until it has received from Complainant the fee or confirmation of the escrow deposit in accordance with Paragraph 19(a).

(c) For fees owed by the Complainant in accordance with Paragraphs 19(a)(i) and 19(a)(ii), if the Provider has not received the fee or confirmation of the escrow deposit within ten (10) calendar days after receiving the complaint, the complaint shall be deemed withdrawn and the administrative proceeding terminated.

(d) For fees owed by the Respondent in accordance with Paragraphs 19(a)(ii), if the Provider has not received the fee or confirmation of the escrow deposit within ten (10) calendar days after forwarding the complaint to the Respondent, Respondent shall be deemed to have defaulted and the Defensive Registration in question shall be deemed cancelled and the administrative proceeding terminated.

(e) For fees owed in accordance with Paragraph 19(a)(iii), if the Provider has not received any required fees within fifteen (15) calendar days of delivering a written request for such fees, all of Respondent's Phase I Defensive Registrations shall be deemed cancelled and the administrative proceeding terminated.

(f) 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 Liability. Except 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. Amendments. The 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 ICANN.


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