1.
Easy Web Marketing Acceptable Uses Policy and Service Guidelines
2.
Domain Registration Agreement
3.
Uniform Domain Name Dispute Resolution Policy
Uniform
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 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 <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 name registration.