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Uniform
Domain Name Dispute Resolution Policy
(As approved by ICANN on
October 24, 1999)
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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.
(Texto en Inglés)