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Policy
Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999
Note:
This policy is now in effect. See
www.icann.org/udrp/udrp-schedule.htm
for the implementation schedule.
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 ("wundersolutions.com") 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 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; and (d) you will not knowingly use the domain name in violation of
any applicable laws or regulations. It is your responsibility to determine whether
your domain name registration infringes or violates someone else's rights.
3.
Cancellations, Transfers, and Changes. We will cancel, transfer or
otherwise make changes to domain name registrations under the following circumstances:
a.
subject to the provisions of Paragraph 8, our receipt of
written or appropriate electronic instructions from you or your authorized
agent to take such action;
b.
our receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or
c.
our receipt of a decision of an Administrative Panel requiring such action
in any administrative proceeding to which you were a party and which was conducted
under this Policy or a later version of this Policy adopted by ICANN. (See
Paragraph 4(i) and (k) below.)
We
may also cancel, transfer or otherwise make changes to a domain name registration
in accordance with the terms of your Registration Agreement or other legal requirements.
4.
Mandatory Administrative Proceeding.
This Paragraph sets forth
the type of disputes for which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution
service providers listed 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, that
(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 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 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 domain name.
5.
All Other Disputes and Litigation. All other disputes between you
and any party other than us regarding your domain name registration that are
not brought pursuant to the mandatory administrative proceeding provisions of
Paragraph 4 shall be resolved between you and such other party
through any court, arbitration or other proceeding that may be available.
6.
Our Involvement in Disputes. We will not participate in any way in
any dispute between you and any party other than us regarding the registration
and use of your domain name. You shall not name us as a party or otherwise include
us in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defenses deemed appropriate,
and to take any other action necessary to defend ourselves.
7.
Maintaining the Status Quo. We will not cancel, transfer, activate,
deactivate, or otherwise change the status of any domain name registration under
this Policy except as provided in Paragraph 3 above.
8.
Transfers During a Dispute.
a. 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
policy_revision.html at least thirty (30)
calendar days before it becomes effective. Unless this Policy has already been
invoked by the submission of a complaint to a Provider, in which event the version
of the Policy in effect at the time it was invoked will apply to you until the
dispute is over, all such changes will be binding upon you with respect to any
domain name registration dispute, whether the dispute arose before, on or after
the effective date of our change. In the event that you object to a change in
this Policy, your sole remedy is to cancel your domain name registration with
us, provided that you will not be entitled to a refund of any fees you paid
to us. The revised Policy will apply to you until you cancel your domain name
registration.
Page Updated 03-January-00
(c) 2000 The Internet Corporation for Assigned Names and Numbers. All
rights reserved.
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