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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
Alabanza, Inc. d/b/a BulkRegister.com 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 http://www.bulkregister.com/reviseddisputepolicy.html
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.
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