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finexe.com Uniform Domain Name
Dispute Resolution Policy |
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(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 dispute policy, 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 |
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We will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances:
- 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;
- our receipt of an order from a court or arbitral tribunal, in
each case of competent jurisdiction, requiring such action; and/or
- 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
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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 http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
- 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
- your domain name is identical or confusingly similar to a
trademark or service mark in which the complainant has rights;
and
- you have no rights or legitimate interests in respect of
the domain name; and
- 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.
- 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:
- 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
- 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
- you have registered the domain name primarily for the
purpose of disrupting the business of a competitor; or
- 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.
- 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):
- 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
- 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
- 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.
- 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).
- 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").
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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5. All other disputes and litigation
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| 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 |
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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.
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 this location 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. |
Finexe Services. Norrbyvägen 16, SE-16869 Bromma,
SWEDEN
Copyright © 2004-2006 Finexe Services. All Rights
Reserved.
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