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TLD Agreement: Appendix M (.biz) |
I. Uniform Dispute Resolution Policy
All ICANN-Accredited Registrars in the .biz top-level domain shall follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider (see below for a list and links).
The following documents provide relevant details:
1. Uniform Domain Name Dispute Resolution Policy -- This policy is followed by all ICANN-Accredited Registrars. It can be found at: http://www.icann.org/udrp/udrp-policy-24oct99.htm
2. Rules for Uniform Domain Name Dispute Resolution Policy -- These rules are followed by all dispute-resolution service providers, with supplementation by each provider's supplemental rules. This 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>.
II. Start-Up Dispute Resolution Policy
All disputes between a third party and a domain name registrant regarding the registration of an Internet domain name that is subject to the Start-Up Intellectual Property Notification Service ("SIPNS"), set forth in Appendix J, shall be decided under the Start-Up Dispute Resolution Policy ("SUDRP").
To invoke the policy, a third party may submit a complaint to an approved dispute-resolution service provider.
The following documents provide details:
1. Start-up Dispute Resolution Policy -- This policy is followed by all ICANN-Accredited Registrars. The Policy, is attached as Exhibit 1 to this Appendix, and is made a part of the ICANN-Accredited Registrar-registrant agreement. Registry Operator has begun the process of contacting potential dispute providers and is finalizing the procedures outlined below.
2. Rules for Start-Up Dispute Resolution Policy -- These rules are followed by all dispute-resolution service providers, with supplementation by each provider's supplemental rules. A preliminary draft of the Rules are attached as Exhibit 2 to this Appendix. Registry Operator has begun the process of contacting potential dispute providers and is finalizing the procedures outlined below.
3. List of Approved Dispute-Resolution Service Providers. The then current list of approved dispute-resolution service providers will be identified on ICANN's web site at http://www.icann.org/udrp/<FILE TO BE INSERTED>.
4. Information Concerning Approval Process for Dispute-Resolution Service Providers. The then current approval process will be identified on ICANN's web site at http://www.icann.org/udrp/<FILE TO BE INSERTED>.
III. Restrictions Dispute Resolution Policy
All ICANN-Accredited Registrars in the .biz top-level domain shall follow the Restrictions Dispute Resolution Policy (referred to as the "RDRP"). Under the policy, several types of disputes alleged from a violation of the Restrictions Document (for example, from a .biz domain name used exclusively for personal noncommercial use), as set forth in Appendix L, may be addressed by expedited administrative proceedings. These may be initiated by any party filing a complaint with an approved dispute-resolution service provider. To invoke the policy, a third party may submit a complaint to an approved dispute-resolution service provider.
The following documents provide details:
1. Restrictions Dispute Resolution Policy -- This policy is followed by all ICANN-Accredited Registrars. A preliminary draft of the Policy, is attached as Exhibit 3 to this Appendix, and is made a part of the ICANN-Accredited Registrar-registrant agreement. Registry Operator has begun the process of contacting potential dispute providers and is finalizing the procedures outlined below.
2. Rules for Restrictions Domain Name Dispute Resolution Policy -- These rules are followed by all dispute-resolution service providers, with supplementation by each provider's supplemental rules. A preliminary draft of the Rules are attached as Exhibit 4 to this Appendix. Registry Operator has begun the process of contacting potential dispute providers and is finalizing the procedures outlined below. Registry Operator will coordinate with ICANN to publish the final Rules prior to the beginning of the .biz start-up procedures described in Appendix J.
3. List of Approved Dispute-Resolution Service Providers. The then current list of approved dispute-resolution service providers will be identified on ICANN's web site at http://www.icann.org/udrp/<FILE TO BE INSERTED>.
4. Information Concerning Approval Process for Dispute-Resolution Service Providers. The then current approval process will be identified on ICANN's web site at http://www.icann.org/udrp/<FILE TO BE INSERTED>.
Exhibit 1
for <.biz>
1. Purpose. This Start-up Dispute Resolution Policy (the "Policy") is incorporated by reference into the <.biz> Registration Agreement. It sets forth the terms and conditions in connection with a dispute between you (as the registrant) and any party other than us (as the registrar) or the registry administrator for the <.biz> top-level domain (the "Registry Operator") over the registration or use of an Internet domain name registered by you that is subject to the Start-Up Intellectual Notification Service ("SIPNS"; <URL>).
The SIPNS is a service introduced by the Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In order to benefit from the SIPNS, a Claimant was required to submit a Trademark Claim Form ("TCF") for the <.biz> domain name matching the exact alphanumeric string contained in the trade or service mark in which that Claimant has rights. Neither the Registry Operator nor we verified whether the TCF information provided by a Claimant is accurate. Neither the Registry Operator nor we provide any warranties or guarantees in respect of that information. No restriction was placed on the number of Claimants that could file a TCF for a given domain name. Accordingly, in some cases, there are multiple Claimants for a single domain name. If your domain name identically matches a trade or service mark string specified in a TCF, any Claimant that filed such a TCF will be notified of this fact. The notification will provide the relevant details of your registration, including your contact details. In accordance with this Policy and the Rules, those Claimants will have the right to challenge your domain name registration, subject to the challenge priority established by the Registry Operator.
Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Start-up Dispute Resolution Policy (the "Rules"), which are available at <URL>, and the selected administrative dispute resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name in the start-up period, you hereby represent and warrant to us that (a) the statements that you made in your <.biz> Registration Agreement are complete and accurate; (b) to your knowledge, 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 a domain name registration that is subject to this Policy 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; and/or
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.
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of the <.biz> Registration Agreement, ICANN Policy, 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 at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a Claimant asserts to the applicable Provider, in compliance with the Rules, that:
(i) your domain name is identical to a trademark or service mark in which the Claimant 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 or is being used in bad faith.
In the administrative proceeding, the Claimant must prove that each of these three elements is present.
b. Evidence of Registration or 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 considered evidence of the registration or use of a domain name in bad faith:
(i) circumstances indicating that you have registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Claimant or to a competitor of the Claimant, 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 Claimant from reflecting the mark in a corresponding domain name; 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 Claimant'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.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to the Rules to determine 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) You are the owner or beneficiary of a trade or service mark that is identical to the domain name; or
(ii) 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
(iii) 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.
d. Selection of Provider. The Claimant 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).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. All disputes will be decided by a single Panelist, who shall be appointed by the Provider. The Rules state the process for initiating and conducting a proceeding and for appointing the Sole Panelist that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a Claimant, either you or the Claimant 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 another dispute resolution policy adopted by ICANN.
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 Claimant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by an Administrative Panel.
i. Remedies. The remedies available to a Claimant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the transfer of your domain name registration to the Claimant.
j. Notification and Publication. The Provider shall notify us and the Registry Operator 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.
k. Implementation of the Administrative Panel's Decision. If an Administrative Panel decides that your domain name registration should be 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 Claimant in a jurisdiction to which the Claimant has submitted under Paragraph 3 of the Rules. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database.) 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.
(i) Your domain name may be the subject of multiple challenges by Claimants. In such event, the Registry Operator will be responsible for establishing the challenge priority among multiple claimants on a randomized basis.
(ii) In the event that there is more than one challenger, the Administrative Panel shall decide, in light of its findings in respect of each of the elements identified in Paragraph 4(a), whether any further challenges shall be permitted in respect of your domain name under this Policy.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us or the Registry Operator 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, or the Uniform Domain Name Dispute Resolution Policy, as supplemented by the Registration Restrictions Dispute Resolution Criteria.
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, disactivate, or otherwise change the status of any domain name registration subject to this Policy, except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer a domain name registration that is subject to this Policy to another holder until all pending or prospective challenges pursuant to this Policy have been resolved, except that a transfer may be made to the Claimant in a pending administrative proceeding (e.g., in the event of a settlement of the dispute).
b. Changing Registrars. You may not transfer a domain name registration that is subject to this Policy to another registrar until all pending or prospective challenges pursuant to this Policy have been resolved.
The Registry Operator reserves the right to modify this Policy at any time with the permission of ICANN. We will post the revised Policy at <URL> at least fifteen (15) 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 the 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.
Rules for Start-up Dispute Resolution Policy
(the "Rules")
Administrative proceedings for the resolution of disputes pursuant to the Start-up Dispute Resolution Policy (<URL>) shall be governed by these Rules and any Supplemental Rules of the dispute resolution service provider administering the proceedings, as posted at its web site.
In these Rules:
Complainant means a party or the parties that submitted a Trademark Claim Form and which is/are challenging a domain name registration that is subject to the Start-up Intellectual Property Notification Service.
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 of the domain name in question, or (b) the domain name holder's address, as shown for the registration of the domain name in the Registrar's Whois database at the time a complaint is submitted to a Provider.
Panel means the sole panelist appointed by a Provider to decide a complaint pursuant to the Policy.
Party means a Complainant or a Respondent.
Policy means the Start-up 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 http://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.
Registry Operator means the registry operator for the <.biz> top-level domain.
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.
(a) Any written communication to the Complainant or the Respondent required under these Rules shall be made by the means specified by the Complainant or the Respondent, respectively, or in the absence of such specification:
(i) by facsimile 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.
(b) Any communication to the Provider or the Panel shall be made in accordance with the Provider's Supplemental Rules.
(c) All communications shall be made in the language prescribed in Paragraph 11.
(d) Either Party may update its contact details by notifying the other Party, the Provider and the Registrar.
(e) 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 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.
(f) Except as otherwise provided in these Rules, all time periods calculated under these Rules shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(e).
(g) Except as otherwise provided in these Rules, any communication by
(i) a Panel to any Party shall be copied to the Provider and to the other Party;
(ii) the Provider, following the commencement of an administrative proceeding
pursuant to Paragraph 4(c), 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.
(h) 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.
(i) In the event that a Party sending a communication receives notification of non-delivery of the communication, that Party shall promptly notify the Provider of the circumstances of the notification.
(a) A Complainant shall initiate an administrative proceeding under this Policy by:
(i) submitting its complaint to the Provider of its choice within twenty (20) calendar days of being notified by the Registry Operator of its challenge priority; and
(ii) registering the submission of its complaint with the Registry Operator. See instructions posted at (Registry Operator) <URL>.
If the Complainant fails to submit its complaint to a Provider or to complete its registration with the Registry Operator by the specified deadline, it shall be deemed to have forfeited its right to challenge the domain name registration under this Policy. In any event, a Complainant shall as soon as possible after receiving notification of its challenge priority advise the Registry Operator in writing of its election not to challenge the domain name registration under this Policy.
(b) The complaint shall be submitted in hard copy (with annexes) and in electronic form (without annexes).
(i) Request that the complaint be submitted for decision in accordance with the Policy and Rules and describe why the domain name registration should be considered subject to the Policy;
(ii) Provide the full 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) Provide the Registry Account Number, the Registry Claim Number and the Challenge Priority Number provided by the Registry Operator;
(iv) Specify a preferred method for communications 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;(v) Provide the full name of the Respondent and, if different from the contact details available in the Whois database for the domain name, provide all information known to the Complainant regarding how to contact the Respondent or any representative of the Respondent, including contact information based on pre-complaint dealings;
(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 (the Complainant may also separately describe other goods and services for 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 extent to which the domain name(s) is/are identical to a trademark or service mark in which the Complainant has rights; and
(2) why the Respondent 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 or used in bad faith.
(x) Identify any other proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that is/are the subject of the complaint, including any such proceedings under this Policy;
(xi) Identify the Mutual Jurisdiction to which the Complainant(s) will submit, with respect to any challenges to a decision in the administrative proceeding to transfer the domain name, as follows:
"The Complainant hereby designates [identify precisely the court jurisdiction] as the Mutual Jurisdiction, for the purposes of any challenges to a decision in the administrative proceeding to cancel or transfer the domain name."
(xii) 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 service provider and the Administrative Panelist, except in the case of deliberate wrongdoing, (b) the registrar, (c) the Registry Operator, 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 the Start-up Dispute Resolution Policy, the Rules for Start-up Dispute Resolution Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(xiii) Annex any documentary or other evidence, including any trademark or service mark registration upon which the complaint relies and a schedule indexing such evidence.
(d) The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder and the Complainant has an equal challenge priority in respect of each domain name that is the subject of the complaint.
(a) The Provider shall review the complaint for formal compliance with the Policy and the Rules. If the complaint is found to be in compliance, the Provider shall notify it to the Respondent, in the manner prescribed in Paragraph 2(a). For the purposes of notifying the complaint, the Provider shall not be required to use any contact details other than those available in the Whois database for the domain name(s) in dispute.
(b) If the Provider finds the complaint to be formally deficient, it shall promptly notify the Complainant 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 terminated and the Complainant shall be deemed to have forfeited its right to challenge the domain name registration under this Policy.
(c) The date of commencement of the administrative proceeding shall be the date the complaint is notified by the Provider to the Respondent.
(d) The Provider shall immediately notify the Complainant, the Respondent, the Registry Operator and ICANN of the date of commencement of the administrative proceeding.
(a) Within twenty (20) calendar 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 (with annexes) and in electronic form (without annexes).
(i) Specifically respond to the statements and allegations contained in the complaint and include any and all bases for the Respondent to retain registration and use of the disputed domain name(s);
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Respondent 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;
(vi) Identify any other proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that is/are the subject of the complaint, including any such proceedings under the Policy;
(vii) 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 and that the assertions in this Response are warranted under the Start-up Dispute Resolution Policy, the Rules for Start-up Dispute Resolution Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(viii) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
(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.
(f) Where there are multiple Claimants in respect of a domain name registration, a Respondent that has already submitted a response, shall be entitled to rely on such response and, subject to the time limits specified in Paragraph 5(a), to supplement any previously submitted response.
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) The Provider shall appoint a single Panelist from its published list, taking into consideration such factors as the nationalities of the parties and the circumstances of the dispute.
(c) Once the Panel is appointed, the Provider shall notify the Parties of the Panelist 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
The 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 in accordance with Paragraph 6.
8. Communication Between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication with the Panel.
9. Transmission of the File to the Panel
The Provider shall forward the case file as soon as the Administrative Panel is appointed.
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 the 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 the 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 the Rules.
(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 Provider or the Panel, as the case may be, 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.
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.
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.
(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by the 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, the Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.
(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) calendar days of its appointment.
(c) 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 of the Panelist.
(d) If the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Rules, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in an attempt at Reverse Domain Name Hijacking the Panel shall state its findings to this effect in its decision.
(e) In the event that there are multiple Complainants, each Panel shall specify in its decision whether any subsequent challenges against the domain name(s) that is/are the subject of the Panel's decision shall be permitted.
16. Communication of Decision to Parties
(a) Within three (3) business days (as observed at the Provider's principal place of business) after receiving the decision from the Panel, the Provider shall endeavor to communicate the full text of the decision to each Party, the Registry Operator and ICANN.
(b) In the event of a determination in favor of the Complainant, the Registry Operator shall immediately communicate to each Party the date for the implementation of the decision in accordance with the Policy and any action required by the Parties in connection therewith.
(c) Except if the Panel determines otherwise, 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 shall be published.
(d) In the event of multiple Complainants, the Registry Operator shall be responsible for communicating the Panel's decision to all Complainants, including specifying whether a further challenge has been authorized by the Panel.
17. Settlement or Other Grounds for Termination
(a) If, the Complainant notifies the Provider or the Panel that the Parties have agreed on a settlement, the Provider or the Panel, as the case may be, shall suspend or terminate the administrative proceeding.
(b) If, it becomes unnecessary or impossible to continue the administrative proceeding for any other reason, the Provider or Panel, as the case may be, shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Provider or Panel.
(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) The Provider shall be under no obligation to take any action on a complaint until it has received from the Complainant the initial fee in accordance with Paragraph 18(a).
(c) If the Provider has not received the fee within ten (10) calendar days of receiving the complaint, the Provider shall have the discretion to terminate the administrative proceeding and the Complainant shall be deemed to have forfeited its right to challenge the domain name registration pursuant to the Policy.
(d) In exceptional circumstances, the Provider shall be entitled to request payment of additional fees.
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 the Policy and the Rules.
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 of ICANN.
Restrictions Dispute Resolution Policy
1. Purpose. This Restrictions Dispute Resolution Policy (the "RDRP") is incorporated by reference into your <.biz> Registration Agreement. It sets out the terms and conditions that will apply in the event of a dispute between you (as the registrant) and a third party other than us (as the registrar) or the registry administrator for the <.biz> top-level domain over the registration or use of your domain name in violation of the <.biz> Registration Restrictions (available at http:// <URL>). Proceedings under Paragraph 4 of the RDRP will be conducted according to the Supplemental Rules for Restrictions Dispute Resolution Policy (the "Supplemental RDRP Rules"), which are available at <http://www.icann.org/{filename}>, 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 Registration Agreement are complete and accurate;
(b) to your knowledge, the registration of the domain name will
not infringe upon or otherwise violate the rights of any third
party; (c) you are not registering the domain name for an unlawful
purpose; (d) you will not knowingly use the domain name in violation
of any applicable laws or regulations; (e) your domain name registration
does not and will not violate the terms and conditions of the
<.biz> Registration Restrictions. It is your responsibility
to determine whether your domain name registration infringes
or violates someone else's rights. It is also your responsibility
to determine whether your domain name registration violates the
<.biz> Registration Restrictions.
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 the RDRP or a later version of the RDRP adopted by ICANN.
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your <.biz> Registration Agreement, ICANN policy, 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 at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. In addition to the grounds set out in Paragraph 4(a) of the UDRP, you will also be required to submit to a mandatory administrative proceeding in the event that a complainant asserts to a Provider that your domain is not being or will not be used primarily for a bona fide business or commercial purpose. In the administrative proceeding, the complainant will bear the burden of proving that the above element is present. A complaint under the RDRP will not be considered valid if based exclusively on the alleged non-use of your domain name.
b. Bona Fide Business or Commercial Use. "Bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(i) to exchange goods, services, or property of any kind; or
(ii) in the ordinary course of trade or business; or
(iii) to facilitate the exchange of goods, services, information, or property of any kind or the ordinary course of trade or business.
c. Not a Bona Fide Business or Commercial Use. Registering a domain name solely for the purposes identified below shall not constitute a "bona fide business or commercial use" of that domain name:
(i) selling, trading or leasing the domain name for compensation, or
(ii) the unsolicited offering to sell, trade or lease the domain name for
compensation.(iii) For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
(1) Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
(2) Using or intending to use the domain name exclusively for the expression of noncommercial ideas (e.g., registering <abcsucks.biz> exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).
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).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Supplemental RDRP Rules state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
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 the RDRP or another dispute resolution policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to the RDRP 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 the Supplemental RDRP Rules, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
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.
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 the RDRP will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under the Supplemental RDRP Rules. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database.) 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 the RDRP except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
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 the RDRP. 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 the RDRP at any time with the permission of ICANN. We will post the revised RDRP at <URL> at least thirty (30) calendar days before it becomes effective. Unless this version of the RDRP has already been invoked by the submission of a complaint to a Provider, in which event the version of the RDRP 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 version of the RDRP, 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 RDRP will apply to you until you cancel your domain name registration.
Supplemental Rules for
Restrictions Dispute Resolution Policy
1. Purpose. Administrative proceedings for the resolution of disputes under the Restrictions Dispute Resolution Policy ("RDRP"; <URL>) shall be governed by the Rules for Uniform Domain Name Dispute Resolution Policy ("UDRP Rules"; <URL>) as supplemented or modified by these Supplemental Rules for Restrictions Dispute Resolution Policy (the "Supplemental RDRP Rules") and any supplemental rules of the dispute resolution service provider administering the proceedings.
2. Definitions. Defined terms in the UDRP Rules shall have the same meaning in these Supplemental RDRP Rules, subject to the following:
(a) Complaint based on UDRP and RDRP. If a complaint is based on the UDRP and the RDRP, the term "Policy" shall refer to the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the RDRP, and the term "Rules" shall refer to the UDRP Rules as supplemented or modified by these Supplemental RDRP Rules.
(b) Complaint based on the RDRP alone. If a complaint is based on the RDRP alone, the term "Policy" shall refer to the RDRP, and the term "Rules" shall refer to the UDRP Rules as supplemented or modified by these Supplemental RDRP Rules.
3. RDRP Grounds. A complaint pursuant to the RDRP (whether or not also based on the UDRP) shall describe, in accordance with Paragraph 4(a)-(c), the grounds on which the complaint is made including, in particular, the extent to which the domain name is not being or will not be used primarily for a bona fide business or commercial purpose.
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