Uniform Domain Name\r\nDispute Resolution Policy<\/b><\/p>\r\n
(As\r\nApproved by ICANN on October 24, 1999)<\/p>\r\n
<\/a>1.\r\nPURPOSE.<\/b> This Uniform Domain Name Dispute Resolution Policy\r\n(the\r\n\"Policy\") has been adopted by the Internet Corporation for\r\nAssigned Names and Numbers (\"ICANN\"), is incorporated by\r\nreference into your Registration Agreement, and sets forth the terms\r\nand conditions in connection with a dispute between you and any party\r\nother than us (the registrar) over the registration and use of an\r\nInternet domain name registered by you. Proceedings under Paragraph 4\r\nof this Policy will be conducted according to the Rules for Uniform\r\nDomain Name Dispute Resolution Policy (the \"Rules of\r\nProcedure\"), which are available at\r\nhttps:\/\/www.icann.org\/resources\/pages\/udrp-rules-2015-03-11-en<\/a><\/u>,\r\nand the selected administrative-dispute-resolution service provider's\r\nsupplemental rules.<\/p>\r\n <\/a>2.\r\nYOUR REPRESENTATIONS.<\/b> By applying to register a domain name,\r\nor\r\nby asking us to maintain or renew a domain name registration, you\r\nhereby represent and warrant to us that: <\/p>\r\n the\r\nstatements that you made in your Registration Agreement are complete\r\nand accurate; <\/p>\r\n<\/li>\r\n to\r\nyour\r\nknowledge, the registration of the domain name will not infringe\r\nupon or otherwise violate the rights of any third party; <\/p>\r\n<\/li>\r\n you\r\nare not\r\nregistering the domain name for an unlawful purpose; <\/p>\r\n<\/li>\r\n you\r\nwill\r\nnot knowingly use the domain name in violation of any applicable\r\nlaws or regulations. It is your responsibility to determine whether\r\nyour domain name registration infringes or violates someone else's\r\nrights.<\/p>\r\n<\/li>\r\n<\/ol>\r\n\r\n <\/a>3.\r\nCANCELLATIONS, TRANSFERS, AND CHANGES.<\/b> We will cancel,\r\ntransfer\r\nor otherwise make changes to domain name registrations under the\r\nfollowing circumstances: <\/p>\r\n subject\r\nto\r\nthe provisions of Paragraph 8, our receipt of written or appropriate\r\nelectronic instructions from you or your authorized agent to take\r\nsuch action; <\/p>\r\n<\/li>\r\n our\r\nreceipt\r\nof an order from a court or arbitral tribunal, in each case of\r\ncompetent jurisdiction, requiring such action; <\/p>\r\n<\/li>\r\n our\r\nreceipt\r\nof a decision of an Administrative Panel requiring such action in\r\nany administrative proceeding to which you were a party and which\r\nwas conducted under this Policy or a later version of this Policy\r\nadopted by ICANN. (See Paragraph 4(i) (k) below).<\/p>\r\n<\/li>\r\n\r\n<\/ol>\r\n <\/a>\r\nWe may also cancel, transfer or otherwise make changes to a domain\r\nname registration in accordance with the terms of your Registration\r\nAgreement or other legal requirements.<\/p>\r\n<\/ol>\r\n <\/a>4.\r\nMANDATORY ADMINISTRATIVE PROCEEDINGS. <\/b>This Paragraph sets\r\nforth\r\nthe type of disputes for which you are required to submit to a\r\nmandatory administrative proceeding. These proceedings will be\r\nconducted before one of the administrative-dispute-resolution service\r\nproviders listed at www.icann.org\/udrp\/approved-providers.htm<\/a><\/u>\r\n(each, a \"Provider\").<\/p>\r\n <\/a>\r\na. Applicable Disputes.<\/b> You are required to submit\r\nto a\r\nmandatory administrative proceeding in the event that a third party\r\n(a \"complainant\") asserts to the applicable Provider, in\r\ncompliance with the Rules of Procedure, that<\/p>\r\n\r\n <\/a>your domain name is identical or\r\nconfusingly similar to a trademark\r\nor service mark in which the complainant has rights; and<\/p>\r\n<\/li>\r\n you\r\nhave no\r\nrights or legitimate interests in respect of the domain name; and<\/p>\r\n<\/li>\r\n your\r\ndomain\r\nname has been registered and is being used in bad faith.<\/p>\r\n<\/li>\r\n<\/ol>\r\n <\/a>\r\nIn the administrative proceeding, the complainant must prove that\r\neach of these three elements are present.<\/p>\r\n\r\n <\/a>\r\nb. Evidence of Registration and Use in Bad Faith.<\/b>\r\nFor the\r\npurposes of Paragraph 4(a)\/(iii), the following circumstances, in\r\nparticular but without limitation, if found by the Panel to be\r\npresent, shall be evidence of the registration and use of a domain\r\nname in bad faith:<\/p>\r\n <\/a>circumstances indicating that you have\r\nregistered or you have\r\nacquired the domain name primarily for the purpose of selling,\r\nrenting, or otherwise transferring the domain name registration to\r\nthe complainant who is the owner of the trademark or service mark or\r\nto a competitor of that complainant, for valuable consideration in\r\nexcess of your documented out-of-pocket costs directly related to\r\nthe domain name; or<\/p>\r\n<\/li>\r\n you\r\nhave\r\nregistered the domain name in order to prevent the owner of the\r\ntrademark or service mark from reflecting the mark in a\r\ncorresponding domain name, provided that you have engaged in a\r\npattern of such conduct; or<\/p>\r\n<\/li>\r\n you\r\nhave\r\nregistered the domain name primarily for the purpose of disrupting\r\nthe business of a competitor; or<\/p>\r\n\r\n<\/li>\r\n by\r\nusing\r\nthe domain name, you have intentionally attempted to attract, for\r\ncommercial gain, Internet users to your web site or other on-line\r\nlocation, by creating a likelihood of confusion with the\r\ncomplainant's mark as to the source, sponsorship, affiliation, or\r\nendorsement of your web site or location or of a product or service\r\non your web site or location.<\/p>\r\n<\/li>\r\n<\/ol>\r\n <\/a>\r\nc. How to Demonstrate Your Rights to and Legitimate Interests\r\nin\r\nthe Domain Name in Responding to a Complaint.<\/b> When you\r\nreceive a\r\ncomplaint, you should refer to Paragraph 5 of the Rules of Procedure\r\nin determining how your response should be prepared. Any of the\r\nfollowing circumstances, in particular but without limitation, if\r\nfound by the Panel to be proved based on its evaluation of all\r\nevidence presented, shall demonstrate your rights or legitimate\r\ninterests to the domain name for purposes of Paragraph 4(a)(ii):<\/p>\r\n <\/a>before any notice to you of the\r\ndispute, your use of, or\r\ndemonstrable preparations to use, the domain name or a name\r\ncorresponding to the domain name in connection with a bona fide\r\noffering of goods or services; or<\/p>\r\n<\/li>\r\n you\r\n(as an\r\nindividual, business, or other organization) have been commonly\r\nknown by the domain name, even if you have acquired no trademark or\r\nservice mark rights; or<\/p>\r\n<\/li>\r\n \r\nyou are\r\nmaking a legitimate noncommercial or fair use of the domain name,\r\nwithout intent for commercial gain to misleadingly divert consumers\r\nor to tarnish the trademark or service mark at issue.<\/p>\r\n<\/li>\r\n<\/ol>\r\n <\/a>\r\nd. Selection of Provider.<\/b> The complainant shall\r\nselect the\r\nProvider from among those approved by ICANN by submitting the\r\ncomplaint to that Provider. The selected Provider will administer the\r\nproceeding, except in cases of consolidation as described in\r\nParagraph 4(f).<\/p>\r\n <\/a>\r\ne. Initiation of Proceeding and Process and Appointment of\r\nAdministrative Panel.<\/b> The Rules of Procedure state the\r\nprocess of\r\ninitiating and conducting a proceeding and appointing the panel that\r\nwill resolve the dispute (the \"Administrative Panel\").<\/p>\r\n\r\n <\/a>\r\nf. Consolidation.<\/b> In the event of multiple disputes\r\nbetween\r\nyou and a complainant, either you or the complainant may petition to\r\nconsolidate the disputes before a single Administrative Panel. This\r\npetition shall be made to the first Administrative Panel appointed to\r\nhear a pending dispute between the parties. This Administrative Panel\r\nmay consolidate before it any or all such disputes in its sole\r\ndiscretion, provided that the disputes that are to be consolidated\r\nare governed by this Policy or a later version of this Policy adopted\r\nby ICANN.<\/p>\r\n <\/a>\r\ng. Fees.<\/b> All fees charged by a Provider in\r\nconnection to any\r\ndispute before an Administrative Panel pursuant to this Policy shall\r\nbe paid by the complainant, except in cases where you elect to expand\r\nthe Administrative Panel from one to three panelists as provided in\r\nParagraph 5(c)(iv) of the Rules of Procedure, in which case all fees\r\nwill be split evenly between you and the complainant.<\/p>\r\n <\/a>\r\nh. Our Involvement in Administrative Proceedings.<\/b> We\r\ndo not,\r\nand will not, participate in the administration or conduct of any\r\nproceeding before an Administrative Panel. In addition, we will not\r\nbe liable as a result of any decisions rendered by the Administrative\r\nPanel.<\/p>\r\n <\/a>\r\ni. Remedies.<\/b> The remedies available to a complainant\r\npursuant\r\nto any proceeding before an Administrative Panel shall be limited to\r\nrequiring the cancellation of your domain name or the transfer of\r\nyour domain name registration to the complainant.<\/p>\r\n\r\n <\/a>\r\nj. Notification and Publication.<\/b> The Provider shall\r\nnotify us\r\nof any decision made by an Administrative Panel with respect to a\r\ndomain name you have registered with us. All decisions under this\r\nPolicy will be published in full over the Internet, except when an\r\nAdministrative Panel determines in an exceptional case to redact\r\nportions of its decision.<\/p>\r\n <\/a>\r\nk. Availability of Court Proceedings.<\/b> The mandatory\r\nadministrative proceeding requirements set forth in Paragraph 4 shall\r\nnot prevent either you or the complainant from submitting the dispute\r\nto a court of competent jurisdiction for independent resolution\r\nbefore such mandatory administrative proceeding is commenced or after\r\nsuch proceeding is concluded. If an Administrative Panel decides that\r\nyour domain name registration should be canceled or transferred, we\r\nwill wait ten (10) business days (as observed in the location of our\r\nprincipal office) after we are informed by the applicable Provider of\r\nthe Administrative Panel's decision before implementing that\r\ndecision. We will then implement the decision unless we have received\r\nfrom you during that ten (10) business day period official\r\ndocumentation (such as a copy of a complaint, file-stamped by the\r\nclerk of the court) that you have commenced a lawsuit against the\r\ncomplainant in a jurisdiction to which the complainant has submitted\r\nunder Paragraph 3(b)(xii) of the Rules of Procedure. (In general,\r\nthat jurisdiction is either the location of our principal office or\r\nof your address as shown in our WHOIS database (see Paragraphs 1 and\r\n3(b)(xii) of the Rules of Procedure for details). If we receive such\r\ndocumentation within the ten (10) business day period, we will not\r\nimplement the Administrative Panel's decision, and we will take no\r\nfurther action, until we receive: <\/p>\r\n evidence\r\nsatisfactory to us of a resolution between the parties;<\/p>\r\n<\/li>\r\n evidence\r\nsatisfactory to us that your lawsuit has been dismissed or\r\nwithdrawn; <\/p>\r\n\r\n<\/li>\r\n a\r\ncopy of\r\nan order from such court dismissing your lawsuit or ordering that\r\nyou do not have the right to continue to use your domain name.<\/p>\r\n<\/li>\r\n<\/ol>\r\n <\/a>5.\r\nALL OTHER DISPUTES AND LITIGATION. <\/b>All other disputes\r\nbetween you\r\nand any party other than us regarding your domain name registration,\r\nthat are not brought pursuant to the mandatory administrative\r\nproceeding provisions of Paragraph 4, shall be resolved between you\r\nand such other party through any court, arbitration or other\r\nproceeding that may be available.<\/p>\r\n <\/a>6.\r\nOUR INVOLVEMENT IN DISPUTES.<\/b> We will not participate in any\r\nway\r\nin any dispute between you and any party other than us regarding the\r\nregistration and use of your domain name. You shall not name us as a\r\nparty or otherwise include us in any such proceeding. In the event\r\nthat we are named as a party in any such proceeding, we reserve the\r\nright to raise any and all defenses deemed appropriate, and to take\r\nany other action necessary to defend ourselves.<\/p>\r\n <\/a>7.\r\nMAINTAINING THE STATUS QUO.<\/b> We will not cancel, transfer,\r\nactivate, deactivate, or otherwise change the status of any domain\r\nname registration under this Policy except as provided in Paragraph 3\r\nabove.<\/p>\r\n\r\n <\/a>8.\r\nTRANSFERS DURING A DISPUTE.<\/b><\/p>\r\n <\/a>\r\na. Transfers of a Domain Name to a New Holder.<\/b> You\r\nmay not\r\ntransfer your domain name registration to another holder: <\/p>\r\n during\r\na\r\npending administrative proceeding brought pursuant to Paragraph 4 or\r\nfor a period of fifteen (15) business days (as observed in the\r\nlocation of our principal place of business) after such proceeding\r\nis concluded; or<\/p>\r\n<\/li>\r\n during\r\na\r\npending court proceeding or arbitration commenced regarding your\r\ndomain name unless the party to whom the domain name registration is\r\nbeing transferred agrees, in writing, to be bound by the decision of\r\nthe court or arbitrator. <\/p>\r\n We\r\nreserve the\r\nright to cancel any transfer of a domain name registration to\r\nanother holder that is made in violation of this subparagraph.<\/p>\r\n\r\n<\/li>\r\n<\/ol>\r\n <\/a>\r\nb. Changing Registrars.<\/b> You may not transfer your\r\ndomain name\r\nregistration to another registrar during a pending administrative\r\nproceeding brought pursuant to Paragraph 4 or for a period of fifteen\r\n(15) business days (as observed in the location of our principal\r\nplace of business) after such proceeding is concluded. You may\r\ntransfer administration of your domain name registration to another\r\nregistrar during a pending court action or arbitration, provided that\r\nthe domain name you have registered with us shall continue to be\r\nsubject to the proceedings commenced against you in accordance with\r\nthe terms of this Policy. In the event that you transfer a domain\r\nname registration to us during the pendency of a court action or\r\narbitration, such dispute shall remain subject to the domain name\r\ndispute policy of the registrar from which the domain name\r\nregistration was transferred.<\/p>\r\n <\/a>9.\r\nPOLICY MODIFICATIONS.<\/b> We reserve the right to modify this\r\nPolicy\r\nat any time with the permission of ICANN. We will post our revised\r\nPolicy at Hosting Digimarketing NC<\/a>\r\nat\r\nleast thirty (30) calendar days before it becomes effective. Unless\r\nthis Policy has already been invoked by the submission of a complaint\r\nto a Provider, in which event the version of the Policy in effect at\r\nthe time it was invoked will apply to you until the dispute is over,\r\nall such changes will be binding upon you with respect to any domain\r\nname registration dispute, whether the dispute arose before, on or\r\nafter the effective date of our change. In the event that you object\r\nto a change in this Policy, your sole remedy is to cancel your domain\r\nname registration with us, provided that you will not be entitled to\r\na refund of any fees you paid to us. The revised Policy will apply to\r\nyou until you cancel your domain name registration.<\/p>\r\n\r\n\r\n
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