1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm
for the implementation schedule.
2. This policy has been adopted by all accredited domain-name
registrars for domain names ending in .com, .net, and .org. It
has also been adopted by certain managers of country-code top-level
domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or other registration
authority in the case of a country-code top-level domain) and
its customer (the domain-name holder or registrant). Thus,
the policy uses "we" and "our" to refer to
the registrar and it uses "you" and "your"
to refer to the domain-name holder.
Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose. This Uniform Domain Name
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 a dispute
between you and any party other than us (the registrar) over the
registration and use of an Internet domain name registered by
you. Proceedings under Paragraph
4 of this Policy will be conducted according to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules
of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
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; 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
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
c. our receipt of a decision of an Administrative
Panel requiring such action in any administrative proceeding to
which you were a party and which was conducted under this Policy
or a later version of this Policy adopted by ICANN. (See Paragraph 4(i)
We may also cancel, transfer or otherwise make
changes to a domain name registration in accordance with the terms
of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you
are required to submit to a mandatory administrative proceeding.
These proceedings will be conducted before one of the administrative-dispute-resolution
service providers listed 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 third party (a "complainant") asserts to the
applicable Provider, in compliance with the Rules of Procedure,
(i) your domain name is identical or confusingly
similar to a trademark or service mark in which the complainant
has rights; and
(ii) you have no rights or legitimate interests
in respect of the domain name; and
(iii) your domain name has been registered
and is being used in bad faith.
In the administrative proceeding, the complainant
must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad
Faith. For the purposes of Paragraph 4(a)(iii),
the following circumstances, in particular but without limitation,
if found by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered
or you have acquired the domain name primarily for the purpose
of selling, renting, or otherwise transferring the domain name
registration to the complainant who is the owner of the trademark
or service mark or to a competitor of that complainant, for valuable
consideration in excess of your documented out-of-pocket costs
directly related to the domain name; or
(ii) you have registered the domain name in
order to prevent the owner of the trademark or service mark from
reflecting the mark in a corresponding domain name, provided that
you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily
for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally
attempted to attract, for commercial gain, Internet users to your
web site or other on-line location, by creating a likelihood of
confusion with the complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location or of
a product or service on your web site or location.
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 Paragraph 5
of the Rules of Procedure in determining how your response should
be prepared. Any of the following circumstances, in particular
but without limitation, if found by the Panel to be proved based
on its evaluation of all evidence presented, shall demonstrate
your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute,
your use of, or demonstrable preparations to use, the domain name
or a name corresponding to the domain name in connection with
a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other
organization) have been commonly known by the domain name, even
if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial
or fair use of the domain name, without intent for commercial
gain to misleadingly divert consumers or to tarnish the trademark
or service mark at issue.
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 Rules of Procedure
state the process for initiating and conducting a proceeding and
for appointing the panel that will decide the dispute (the "Administrative
f. Consolidation. In the event of multiple
disputes between you and a complainant, either you or the complainant
may petition to consolidate the disputes before a single Administrative
Panel. This petition shall be made to the first Administrative
Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all
such disputes in its sole discretion, provided that the disputes
being consolidated are governed by this Policy or a later version
of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider
in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except
in cases where you elect to expand the Administrative Panel from
one to three panelists as provided in Paragraph 5(b)(iv)
of the Rules of Procedure, in which case all fees will be split
evenly by you and the complainant.
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 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. 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 Paragraph
3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction
is either the location of our principal office or of your address
as shown in our Whois database. See Paragraphs
1 and 3(b)(xiii)
of the Rules of Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to
us that your lawsuit has been dismissed or withdrawn; or (iii)
a copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding
your domain name registration that are not brought pursuant to
the mandatory administrative proceeding provisions of Paragraph 4 shall
be resolved between you and such other party through any court,
arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We
will not participate in any way in any dispute between you and
any party other than us regarding the registration and use of
your domain name. You shall not name us as a party or otherwise
include us in any such proceeding. In the event that we are named
as a party in any such proceeding, we reserve the right to raise
any and all defenses deemed appropriate, and to take any other
action necessary to defend ourselves.
7. Maintaining the Status Quo. We
will not cancel, transfer, activate, deactivate, or otherwise
change the status of any domain name registration under this Policy
except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. 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 this Policy. In the
event that you transfer a domain name registration to us during
the pendency of a court action or arbitration, such dispute shall
remain subject to the domain name dispute policy of the registrar
from which the domain name registration was transferred.
9. Policy Modifications. We reserve
the right to modify this Policy at any time with the permission
of ICANN. We will post our revised Policy at <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 domain name registration dispute, whether the dispute arose
before, on or after the effective date of our change. In the event
that you object to a change in this Policy, your sole remedy is
to cancel your domain name registration with us, provided that
you will not be entitled to a refund of any fees you paid to us.
The revised Policy will apply to you until you cancel your domain