ICANN Dispute Resolution Principles
ICANN Dispute Resolution Policy
These rules apply between LLC "Hosting.XYZ LTD" and the administrator of the domain, the Registrar of which is the specified organization.
Date of adoption: August 26, 1999
Implementation documents approved: October 24, 1999
This document has been translated into several languages for informational purposes only. The original and authentic text of the document (in English) can be found at: http://www.icann.org/en/dndr/udrp/policy.htm
1. This strategy is valid to the present. For a list of amendments, see www.icann.org/udrp/udrp-schedule.htm
2. This policy applies to all ICANN-accredited registrars. It is also used by some country top level domain managers (such as .nu, .tv, .ws).
3. This policy governs the relationship between the registrar (or other responsible person in the case of a country top level domain) and the consumer (domain name owner or registrar). In this strategy of mentioning "we" and "our" belong to the registrar "you" and "your" - to the owner of the domain name
Uniform Domain Name Dispute Resolution Principles
(Adopted by ICANN October 24, 1999)
1. Goals. Uniform Domain Name Dispute Resolution Principles (hereinafter "Principles") adopted by the Internet Corporation for Assigned Names and Addresses ("ICANN") are included in the registration agreement, they set out the terms and conditions relating to disputes between you and any third party other than us (the registrar) regarding the registration and use by you of an Internet domain name registered in your name. The procedures described in Paragraph 4 of the Principles will be conducted under the Uniform Domain Name Dispute Resolution Policy Rules (Rules of Procedure) available at https://www.icann.org/resources/pages/udrp-rules- 2015-03-12-en, as well as within the framework of the additional rules of the service provider for resolving administrative disputes.
2. Your application. By applying to register a domain name or contacting us for a domain name registration support or renewal service, you warrant that (a) the information provided in the registration agreement is complete and accurate; (b) you have no knowledge that the registration of this domain name infringes or otherwise infringes the rights of third parties; (c) when registering a domain name, you do not pursue illegal purposes; (d) you will not use the domain name in violation of any applicable law or regulation. Whether a domain name registration constitutes a violation or infringement of someone else's rights is entirely up to you and at your own risk.
3. Cancellation, transfer and modification. We will cancel, transfer the registration to another person and make any other changes under the following conditions:
a. in accordance with the provisions of Paragraph 8, upon receipt of a written or properly executed electronic application from you or your authorized representative instructing you to take such action;
b. upon receipt of an order of a court or arbitration tribunal, and / or upon any requirement of the competent authorities to take such actions;
c. upon receipt of the decision of the Administrative Panel on the application of such actions to any administrative procedure involving you, conducted under this Policy or its later versions adopted by ICANN. (See paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise amend a domain name registration in accordance with the terms of your registration agreement or other requirements to comply with the law.
4. Mandatory administrative procedures.
This paragraph describes four types of disputes, each requiring specific administrative procedures. These procedures will be carried out by one of the administrative dispute resolution providers listed at http://www.icann.org/en/dndr/udrp/approved-providers.htm (hereinafter "Providers").
a. relevant controversy. You need to go through administrative procedures on a matter with which a third party ("plaintiff") contacted the relevant provider in addition to the Rules of Procedure, which will determine that:
(i) your domain name is identical or similar to a trademark or service name owned by the complainant; as well as
(ii) you have no rights or legitimate interest in the domain name in question; as well as
(iii) your domain name has been registered and used in bad faith.
In an administrative proceeding, the plaintiff is required to prove your guilt under each of these provisions.
b. Evidence of bad faith registration and use. Subject to Paragraph 4(a)(iii), one or more of the following, if found by the panel, may be evidence of bad faith registration and use of a domain name:
(i) circumstances indicating that you acquired the domain name for the purpose of selling, renting, or otherwise transferring its registration to the claimant who owns the trademark or service name or to a competitor of the claimant for a sum of money in excess of your proven costs , directly related to the domain name; or
(ii) you have registered a domain name for the purpose of preventing the owner of a trademark or service name from using the related domain name, provided that you have previously engaged in such activities; or
(iii) you have registered the domain name primarily to interfere with the activities of a competitor; or
(iv) by using the domain name, you intentionally commercially attracted Internet users to your website or other Internet resource by creating a similarity to the trademark of the complainant who allegedly founded, sponsored, partnered or maintains your website or other Internet resource , or a product or service provided on your website or other resource.
c. How to declare your legitimate interests and rights to register a domain name in response to a lawsuit. In case of receipt of a claim, for the correct preparation of the answer, one should refer to Paragraph 5 of the rules of procedure. If the panel in the course of the proceedings proves the existence of one or more of the following circumstances, this will serve as the basis for the assertion of your rights or legal interests in the domain name in accordance with Paragraph 4(a)(ii):
(i) prior to the notice of the claim, you were using or preparing to use a domain name or a name matching the domain name in the claim for the purpose of providing goods and services in good faith; or
(ii) you (as an individual, business or other entity) were commonly known by the domain name in question, even if you did not acquire the right to use that trademark or service mark; or
(iii) by using the domain name, you are engaging in a legitimate non-commercial or bona fide activity with no intent to mislead consumers or damage the reputation of the Complainant's trademark or service brand.
d. Provider choice. The complainant must select a provider from a list of providers approved by ICANN and file a complaint with him. The selected provider will handle all procedures except for a general hearing as described in Section 4(f).
e. How to start procedures and process, and convene an administrative committee. The rules of procedure describe the process of initiating and conducting a procedure, as well as the appointment of a dispute resolution panel ("Administrative Commission").
f. Joint hearing. In cases where there is more than one dispute between you and the complainant, you or the complainant may request a general hearing by a single administrative panel. Such a request must be sent to the administrative commission convened to consider the dispute between the parties. The Administrative Panel, at its discretion, may conduct a consolidated hearing on all or several disputes, provided that the disputes being consolidated are conducted under this policy or subsequent versions of it adopted by ICANN.
g. Pay. The fee charged by the provider for adjudication of a dispute by an administrative panel in accordance with this strategy shall be borne by the complainant, except in the case of an increase in the panel at your request by one, two or three assessors, as described in Paragraph 5(b)(iv) of the rules of procedure, in which the fee is shared equally between you and the plaintiff.
h. Our participation in administrative procedures. Ma does not and will not take part in the administration or conduct of any procedures before they are considered by the administrative committee. In addition, we will not be held responsible for the decisions of the administrative committee.
i. Refunds. Refunds that the complainant may receive under any administrative panel proceedings shall be limited to the cancellation of your domain name or the transfer of its registration to the complainant.
j. Notices and publications. The provider is required to notify us of any decision taken by the administrative committee in connection with the domain name you have registered with us. All decisions adopted under this strategy will be published in full on the Internet, except in cases where the administrative committee, on an exceptional basis, decides to amend them in part.
k. Possibility of litigation. The list of requirements for mandatory administrative procedures referred to in Paragraph 4 does not deprive you or the complainant of the opportunity to submit the dispute to the court or other competent authorities before such mandatory administrative procedures are initiated or after they have been completed. If the administrative panel decides to cancel or transfer your domain name, we will enforce it ten (10) business days (according to our head office calendar) after we receive notice from the provider of the administrative panel's decision. The decision will be enforced if, within ten (10) business days, we do not receive from you an official document (for example, a copy of the complaint certified by the seal of the bailiff) indicating the commencement of legal proceedings against the plaintiff in the judicial district to which the plaintiff belongs, as set out in Paragraph 3(b)(xiii) of the rules of procedure. (Typically, this judicial district is the county in which our main office is located, or the county in which your address is located in the database "Who is who". See Paragraph 1 and 3(b)(xiii) of the rules of procedure for details.) Upon receipt of such document within ten (10) business days, we will defer enforcement of the decision of the administrative panel and take no further action until we have received (i a) satisfactory evidence of the resolution of the dispute between you and the complainant; (ii) satisfactory evidence of the dismissal or withdrawal of your legal action; or (iii) a copy of a court decision dismissing your claim or stating that you are not entitled to further use of your domain name.
5. Other disputes and litigation. Any other dispute or litigation between you and any third party relating to the registration of your domain name that is not subject to the mandatory administrative procedures set forth in Paragraph 4 shall be resolved by you and that third party through judicial or other due process.
6. Our involvement in disputes. We will not be involved in any dispute between you and a third party regarding the registration and use of your domain name. You may not mention us as a party or otherwise include us in the proceedings. If we are mentioned as one of the parties in any of the proceedings, we reserve the right to take all protective measures and provide all evidence that we deem necessary.
7. Maintaining the status quo. As part of this policy, we will not cancel, transfer, activate, deactivate or otherwise change the registration status of any domain name, except as described in Paragraph 3 above.
8. Transfers in the course of a dispute.
a. Transfer of a domain name to a new owner.You may not transfer a domain name registration to another owner (i) during an administrative proceeding initiated in accordance with Paragraph 4 or within fifteen (15) business days (calendarly, at our head office) after the proceeding; or (ii) during any legal process or proceeding relating to your domain name, unless the party accepting the domain name agrees in writing to comply with a court or arbitrator award. We reserve the right to cancel any transfer of a domain name registration to another holder in the event of a breach of this clause.
b. Change of registrar. You may not transfer your domain name registration to another registrar during the administrative process commenced pursuant to Section 4 or fifteen (15) business days (calendarly, at our head office) after the process. You have the right to transfer the administration of your domain name registration to another registrar during a court proceeding or proceeding, provided that the dispute over the domain name registered with us will be conducted in accordance with the procedures provided for in this policy. In the event that a domain name registration is transferred to us during a court proceeding or proceeding, the dispute must be handled in accordance with the domain name dispute resolution policy adopted by the registrar that transferred the domain name to us.
9. Amending the strategy. We reserve the right to amend the strategy at any time with ICANN's permission. The updated strategy will be published on
for at least thirty (30) calendar days prior to its entry into force. Unless the policy is already in use after the complaint is filed with the provider (in which case the version of the policy in effect at the time the policy is invoked will apply until the dispute is resolved), compliance with all amendments made is mandatory in any dispute regarding the registration of a domain name, regardless of whether a dispute began before or after the amendments were made. If you refuse to comply with the changes made to the policy, you must cancel your domain name registration with us without refunding your payments. Until you cancel your domain name registration, you will be subject to the updated policy.