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Approved by ICANN: October 24, 1999
These Rules are effective at 12:01 am on January 1, 2000.
Administrative proceedings for the resolution of disputes under
the Uniform Dispute Resolution Policy adopted by ICANN shall be
governed by these Rules and also the Supplemental Rules of the
Provider administering the proceedings, as posted on its Web site.
- Definitions
- Communications
- The Complaint
- Notification of Complaint
- The Response
- Appointment of Panel and Timing of Decision
- Impartiality and Independence
- Communication Between Parties and the Panel
- Transmission of the File to the Panel
- General Powers of the Panel
- Language of the Proceedings
- Further Statements
- In Person Hearings
- Default
- Panel Decisions
- Communication of Decision to Parties
- Settlement or Other Grounds for Termination
- Effect of Court Proceedings
- Fees
- Exclusion of Liability
- Amendments
1. Definitions
In these Rules:
Complainant means the party initiating a complaint concerning a domain-name registration.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction at the location of either
- the principal office of the Registrar (provided the domain-name
holder has submitted in its Registration Agreement to that jurisdiction
for court adjudication of disputes concerning or arising from
the use of the domain name) or
- the domain-name holder's address as shown for the registration
of the domain name in Registrar's Whois database at the time
the complaint is submitted to the Provider.
Panel means an administrative panel appointed by a Provider
to decide a complaint concerning a domain-name registration.
Panelist means an individual appointed by a Provider to be a member of a Panel.
Party means a Complainant or a Respondent.
Policy means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved
by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.
Registrar means the entity with which the Respondent has registered a domain name that is the subject of a complaint.
Registration Agreement means the agreement between a Registrar and a domain-name holder.
Respondent means the holder of a domain-name registration against which a complaint is initiated.
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
Supplemental Rules means the rules adopted by the Provider administering
a proceeding to supplement these Rules. Supplemental Rules shall
not be inconsistent with the Policy or these Rules and shall cover
such topics as fees, word and page limits and guidelines, the
means for communicating with the Provider and the Panel, and the
form of cover sheets.
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2. Communications
- When forwarding a complaint to the Respondent, it shall be
the Provider's responsibility to employ reasonably available
means calculated to achieve actual notice to Respondent. Achieving
actual notice, or employing the following measures to do so,
shall discharge this responsibility:
- sending the complaint to all postal-mail and facsimile
addresses
- shown in the domain name's registration data in Registrar's
Whois database for the registered domain-name holder,
the technical contact, and the administrative contact
and
- supplied by Registrar to the Provider for the registration's
billing contact; and
- sending the complaint in electronic form (including annexes
to the extent available in that form) by e-mail to:
- the e-mail addresses for those technical, administrative,
and billing contacts;
- postmaster@; and
- if the domain name (or "www." followed by the domain
name) resolves to an active web page (other than a generic
page the Provider concludes is maintained by a registrar
or ISP for parking domain-names registered by multiple
domain-name holders), any e-mail address shown or e-mail
links on that web page; and
- sending the complaint to any address the Respondent has
notified the Provider it prefers and, to the extent practicable,
to all other addresses provided to the Provider by Complainant
under Paragraph 3(b)(v).
- Except as provided in Paragraph 2(a), any written communication
to Complainant or Respondent provided for under these Rules
shall be made by the preferred means stated by the Complainant
or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)),
or in the absence of such specification
- by telecopy or facsimile transmission, with a confirmation
of transmission; or
- by postal or courier service, postage pre-paid and return
receipt requested; or
- electronically via the Internet, provided a record of
its transmission is available.
- Any communication to the Provider or the Panel shall be made
by the means and in the manner (including number of copies)
stated in the Provider's Supplemental Rules.
- Communications shall be made in the language prescribed in
Paragraph 11. E-mail communications should, if practicable,
be sent in plain text.
- Either Party may update its contact details by notifying the
Provider and the Registrar.
- Except as otherwise provided in these Rules, or decided by
a Panel, all communications provided for under these Rules shall
be deemed to have been made:
- if delivered by telecopy or facsimile transmission, on
the date shown on the confirmation of transmission; or
- if by postal or courier service, on the date marked on
the receipt; or
- if via the Internet, on the date that the communication
was transmitted, provided that the date of transmission
is verifiable.
- Except as otherwise provided in these Rules, all time periods
calculated under these Rules to begin when a communication is
made shall begin to run on the earliest date that the communication
is deemed to have been made in accordance with Paragraph 2(f).
- Any communication by
- a Panel to any Party shall be copied to the Provider and
to the other Party;
- the Provider to any Party shall be copied to the other
Party; and
- a Party shall be copied to the other Party, the Panel
and the Provider, as the case may be.
- It shall be the responsibility of the sender to retain records
of the fact and circumstances of sending, which shall be available
for inspection by affected parties and for reporting purposes.
- In the event a Party sending a communication receives notification
of non-delivery of the communication, the Party shall promptly
notify the Panel (or, if no Panel is yet appointed, the Provider)
of the circumstances of the notification. Further proceedings
concerning the communication and any response shall be as directed
by the Panel (or the Provider).
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3. The Complaint
- Any person or entity may initiate an administrative proceeding
by submitting a complaint in accordance with the Policy and
these Rules to any Provider approved by ICANN. (Due to capacity
constraints or for other reasons, a Provider's ability to accept
complaints may be suspended at times. In that event, the Provider
shall refuse the submission. The person or entity may submit
the complaint to another Provider.)
- The complaint shall be submitted in hard copy and (except
to the extent not available for annexes) in electronic form
and shall:
- Request that the complaint be submitted for decision in
accordance with the Policy and these Rules;
- Provide the name, postal and e-mail addresses, and the
telephone and telefax numbers of the Complainant and of
any representative authorized to act for the Complainant
in the administrative proceeding;
- Specify a preferred method for communications directed
to the Complainant in the administrative proceeding (including
person to be contacted, medium, and address information)
for each of (A) electronic-only material and (B) material
including hard copy;
- Designate whether Complainant elects to have the dispute
decided by a single-member or a three-member Panel and,
in the event Complainant elects a three-member Panel, provide
the names and contact details of three candidates to serve
as one of the Panelists (these candidates may be drawn from
any ICANN-approved Provider's list of panelists);
- Provide the name of the Respondent (domain-name holder)
and all information (including any postal and e-mail addresses
and telephone and telefax numbers) known to Complainant
regarding how to contact Respondent or any representative
of Respondent, including contact information based on pre-complaint
dealings, in sufficient detail to allow the Provider to
send the complaint as described in Paragraph 2(a);
- Specify the domain name(s) that is/are the subject of
the complaint;
- Identify the Registrar(s) with whom the domain name(s)
is/are registered at the time the complaint is filed;
- Specify the trademark(s) or service mark(s) on which the
complaint is based and, for each mark, describe the goods
or services, if any, with which the mark is used (Complainant
may also separately describe other goods and services with
which it intends, at the time the complaint is submitted,
to use the mark in the future.);
- Describe, in accordance with the Policy, the grounds on
which the complaint is made including, in particular,
- the manner in which the domain name(s) is/are identical
or confusingly similar to a trademark or service mark
in which the Complainant has rights; and
- why the Respondent (domain-name holder) should be
considered as having no rights or legitimate interests
in respect of the domain name(s) that is/are the subject
of the complaint; and
- why the domain name(s) should be considered as having
been registered and being used in bad faith
(The description should, for elements (2) and (3),
discuss any aspects of Paragraphs 4(b) and 4(c) of
the Policy that are applicable. The description shall
comply with any word or page limit set forth in the
Provider's Supplemental Rules.);
- Specify, in accordance with the Policy, the remedies sought;
- Identify any other legal proceedings that have been commenced
or terminated in connection with or relating to any of the
domain name(s) that are the subject of the complaint;
- State that a copy of the complaint, together with the
cover sheet as prescribed by the Provider's Supplemental
Rules, has been sent or transmitted to the Respondent (domain-name
holder), in accordance with Paragraph 2(b);
- State that Complainant will submit, with respect to any
challenges to a decision in the administrative proceeding
canceling or transferring the domain name, to the jurisdiction
of the courts in at least one specified Mutual Jurisdiction;
- Conclude with the following statement followed by the
signature of the Complainant or its authorized representative:
"Complainant agrees that its claims and remedies concerning
the registration of the domain name, the dispute, or the
dispute's resolution shall be solely against the domain-name
holder and waives all such claims and remedies against
(a) the dispute-resolution provider and panelists, except
in the case of deliberate wrongdoing, (b) the registrar,
(c) the registry administrator, and (d) the Internet Corporation
for Assigned Names and Numbers, as well as their directors,
officers, employees, and agents."
"Complainant certifies that the information contained
in this Complaint is to the best of Complainant's knowledge
complete and accurate, that this Complaint is not being
presented for any improper purpose, such as to harass,
and that the assertions in this Complaint are warranted
under these Rules and under applicable law, as it now
exists or as it may be extended by a good-faith and reasonable
argument."; and
- Annex any documentary or other evidence, including a copy
of the Policy applicable to the domain name(s) in dispute
and any trademark or service mark registration upon which
the complaint relies, together with a schedule indexing
such evidence.
- The complaint may relate to more than one domain name, provided
that the domain names are registered by the same domain-name
holder.
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4. Notification of Complaint
- The Provider shall review the complaint for administrative
compliance with the Policy and these Rules and, if in compliance,
shall forward the complaint (together with the explanatory cover
sheet prescribed by the Provider's Supplemental Rules) to the
Respondent, in the manner prescribed by Paragraph 2(a), within
three (3) calendar days following receipt of the fees to be
paid by the Complainant in accordance with Paragraph 19.
- If the Provider finds the complaint to be administratively
deficient, it shall promptly notify the Complainant and the
Respondent of the nature of the deficiencies identified. The
Complainant shall have five (5) calendar days within which to
correct any such deficiencies, after which the administrative
proceeding will be deemed withdrawn without prejudice to submission
of a different complaint by Complainant.
- The date of commencement of the administrative proceeding
shall be the date on which the Provider completes its responsibilities
under Paragraph 2(a) in connection with forwarding the Complaint
to the Respondent.
- The Provider shall immediately notify the Complainant, the
Respondent, the concerned Registrar(s), and ICANN of the date
of commencement of the administrative proceeding.
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5. The Response
- Within twenty (20) days of the date of commencement of the
administrative proceeding the Respondent shall submit a response
to the Provider.
- The response shall be submitted in hard copy and (except to
the extent not available for annexes) in electronic form and
shall:
- Respond specifically to the statements and allegations
contained in the complaint and include any and all bases
for the Respondent (domain-name holder) to retain registration
and use of the disputed domain name (This portion of the
response shall comply with any word or page limit set forth
in the Provider's Supplemental Rules.);
- Provide the name, postal and e-mail addresses, and the
telephone and telefax numbers of the Respondent (domain-name
holder) and of any representative authorized to act for
the Respondent in the administrative proceeding;
- Specify a preferred method for communications directed
to the Respondent in the administrative proceeding (including
person to be contacted, medium, and address information)
for each of (A) electronic-only material and (B) material
including hard copy;
- If Complainant has elected a single-member panel in the
Complaint (see Paragraph 3(b)(iv)), state whether Respondent
elects instead to have the dispute decided by a three-member
panel;
- If either Complainant or Respondent elects a three-member
Panel, provide the names and contact details of three candidates
to serve as one of the Panelists (these candidates may be
drawn from any ICANN-approved Provider's list of panelists);
- Identify any other legal proceedings that have been commenced
or terminated in connection with or relating to any of the
domain name(s) that are the subject of the complaint;
- State that a copy of the response has been sent or transmitted
to the Complainant, in accordance with Paragraph 2(b); and
- Conclude with the following statement followed by the
signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained
in this Response is to the best of Respondent's knowledge
complete and accurate, that this Response is not being
presented for any improper purpose, such as to harass,
and that the assertions in this Response are warranted
under these Rules and under applicable law, as it now
exists or as it may be extended by a good-faith and reasonable
argument."; and
- Annex any documentary or other evidence upon which the
Respondent relies, together with a schedule indexing such
documents.
- If Complainant has elected to have the dispute decided by
a single-member Panel and Respondent elects a three-member Panel,
Respondent shall be required to pay one-half of the applicable
fee for a three-member Panel as set forth in the Provider's
Supplemental Rules. This payment shall be made together with
the submission of the response to the Provider. In the event
that the required payment is not made, the dispute shall be
decided by a single-member Panel.
- At the request of the Respondent, the Provider may, in exceptional
cases, extend the period of time for the filing of the response.
The period may also be extended by written stipulation between
the Parties, provided the stipulation is approved by the Provider.
- If a Respondent does not submit a response, in the absence
of exceptional circumstances, the Panel shall decide the dispute
based upon the complaint.
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6. Appointment of the Panel and
Timing of Decision
- Each Provider shall maintain and publish a publicly available
list of panelists and their qualifications.
- If neither the Complainant nor the Respondent has elected
a three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the
Provider shall appoint, within five (5) calendar days following
receipt of the response by the Provider, or the lapse of the
time period for the submission thereof, a single Panelist from
its list of panelists. The fees for a single-member Panel shall
be paid entirely by the Complainant.
- If either the Complainant or the Respondent elects to have
the dispute decided by a three-member Panel, the Provider shall
appoint three Panelists in accordance with the procedures identified
in Paragraph 6(e). The fees for a three-member Panel shall be
paid in their entirety by the Complainant, except where the
election for a three-member Panel was made by the Respondent,
in which case the applicable fees shall be shared equally between
the Parties.
- Unless it has already elected a three-member Panel, the Complainant
shall submit to the Provider, within five (5) calendar days
of communication of a response in which the Respondent elects
a three-member Panel, the names and contact details of three
candidates to serve as one of the Panelists. These candidates
may be drawn from any ICANN-approved Provider's list of panelists.
- In the event that either the Complainant or the Respondent
elects a three-member Panel, the Provider shall endeavor to
appoint one Panelist from the list of candidates provided by
each of the Complainant and the Respondent. In the event the
Provider is unable within five (5) calendar days to secure the
appointment of a Panelist on its customary terms from either
Party's list of candidates, the Provider shall make that appointment
from its list of panelists. The third Panelist shall be appointed
by the Provider from a list of five candidates submitted by
the Provider to the Parties, the Provider's selection from among
the five being made in a manner that reasonably balances the
preferences of both Parties, as they may specify to the Provider
within five (5) calendar days of the Provider's submission of
the five-candidate list to the Parties.
- Once the entire Panel is appointed, the Provider shall notify
the Parties of the Panelists appointed and the date by which,
absent exceptional circumstances, the Panel shall forward its
decision on the complaint to the Provider.
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7. Impartiality and Independence
A Panelist shall be impartial and independent and shall have,
before accepting appointment, disclosed to the Provider any circumstances
giving rise to justifiable doubt as to the Panelist's impartiality
or independence. If, at any stage during the administrative proceeding,
new circumstances arise that could give rise to justifiable doubt
as to the impartiality or independence of the Panelist, that Panelist
shall promptly disclose such circumstances to the Provider. In
such event, the Provider shall have the discretion to appoint
a substitute Panelist.
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8. Communication Between Parties and
the Panel
No Party or anyone acting on its behalf may have any unilateral
communication with the Panel. All communications between a Party
and the Panel or the Provider shall be made to a case administrator
appointed by the Provider in the manner prescribed in the Provider's
Supplemental Rules.
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9. Transmission of the File to
the Panel
The Provider shall forward the file to the Panel as soon as
the Panelist is appointed in the case of a Panel consisting of
a single member, or as soon as the last Panelist is appointed
in the case of a three-member Panel.
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10. General Powers of the Panel
- The Panel shall conduct the administrative proceeding in such
manner as it considers appropriate in accordance with the Policy
and these Rules.
- In all cases, the Panel shall ensure that the Parties are
treated with equality and that each Party is given a fair opportunity
to present its case.
- The Panel shall ensure that the administrative proceeding
takes place with due expedition. It may, at the request of a
Party or on its own motion, extend, in exceptional cases, a
period of time fixed by these Rules or by the Panel.
- The Panel shall determine the admissibility, relevance, materiality
and weight of the evidence.
- A Panel shall decide a request by a Party to consolidate multiple
domain name disputes in accordance with the Policy and these
Rules.
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11. Language of Proceedings
- Unless otherwise agreed by the Parties, or specified otherwise
in the Registration Agreement, the language of the administrative
proceeding shall be the language of the Registration Agreement,
subject to the authority of the Panel to determine otherwise,
having regard to the circumstances of the administrative proceeding.
- The Panel may order that any documents submitted in languages
other than the language of the administrative proceeding be
accompanied by a translation in whole or in part into the language
of the administrative proceeding.
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12. Further Statements
In addition to the complaint and the response, the Panel may
request, in its sole discretion, further statements or documents
from either of the Parties.
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13. In-Person Hearings
There shall be no in-person hearings (including hearings by
teleconference, videoconference, and web conference), unless the
Panel determines, in its sole discretion and as an exceptional
matter, that such a hearing is necessary for deciding the complaint.
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14. Default
- In the event that a Party, in the absence of exceptional circumstances,
does not comply with any of the time periods established by
these Rules or the Panel, the Panel shall proceed to a decision
on the complaint.
- If a Party, in the absence of exceptional circumstances, does
not comply with any provision of, or requirement under, these
Rules or any request from the Panel, the Panel shall draw such
inferences therefrom as it considers appropriate.
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15. Panel Decisions
- A Panel shall decide a complaint on the basis of the statements
and documents submitted and in accordance with the Policy, these
Rules and any rules and principles of law that it deems applicable.
- In the absence of exceptional circumstances, the Panel shall
forward its decision on the complaint to the Provider within
fourteen (14) days of its appointment pursuant to Paragraph
6.
- In the case of a three-member Panel, the Panel's decision
shall be made by a majority.
- The Panel's decision shall be in writing, provide the reasons
on which it is based, indicate the date on which it was rendered
and identify the name(s) of the Panelist(s).
- Panel decisions and dissenting opinions shall normally comply
with the guidelines as to length set forth in the Provider's
Supplemental Rules. Any dissenting opinion shall accompany the
majority decision. If the Panel concludes that the dispute is
not within the scope of Paragraph 4(a) of the Policy, it shall
so state. If after considering the submissions the Panel finds
that the complaint was brought in bad faith, for example in
an attempt at Reverse Domain Name Hijacking or was brought primarily
to harass the domain-name holder, the Panel shall declare in
its decision that the complaint was brought in bad faith and
constitutes an abuse of the administrative proceeding.
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16. Communication of Decision
to Parties
- Within three (3) calendar days after receiving the decision
from the Panel, the Provider shall communicate the full text
of the decision to each Party, the concerned Registrar(s), and
ICANN. The concerned Registrar(s) shall immediately communicate
to each Party, the Provider, and ICANN the date for the implementation
of the decision in accordance with the Policy.
- Except if the Panel determines otherwise (see Paragraph 4(j)
of the Policy), the Provider shall publish the full decision
and the date of its implementation on a publicly accessible
web site. In any event, the portion of any decision determining
a complaint to have been brought in bad faith (see Paragraph
15(e) of these Rules) shall be published.
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17. Settlement or Other Grounds
for Termination
- If, before the Panel's decision, the Parties agree on a settlement,
the Panel shall terminate the administrative proceeding.
- If, before the Panel's decision is made, it becomes unnecessary
or impossible to continue the administrative proceeding for
any reason, the Panel shall terminate the administrative proceeding,
unless a Party raises justifiable grounds for objection within
a period of time to be determined by the Panel.
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18. Effect of Court Proceedings
- In the event of any legal proceedings initiated prior to or
during an administrative proceeding in respect of a domain-name
dispute that is the subject of the complaint, the Panel shall
have the discretion to decide whether to suspend or terminate
the administrative proceeding, or to proceed to a decision.
- In the event that a Party initiates any legal proceedings
during the pendency of an administrative proceeding in respect
of a domain-name dispute that is the subject of the complaint,
it shall promptly notify the Panel and the Provider. See Paragraph
8 above.
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19. Fees
- The Complainant shall pay to the Provider an initial fixed
fee, in accordance with the Provider's Supplemental Rules, within
the time and in the amount required. A Respondent electing under
Paragraph 5(b)(iv) to have the dispute decided by a three-member
Panel, rather than the single-member Panel elected by the Complainant,
shall pay the Provider one-half the fixed fee for a three-member
Panel. See Paragraph 5(c). In all other cases, the Complainant
shall bear all of the Provider's fees, except as prescribed
under Paragraph 19(d). Upon appointment of the Panel, the Provider
shall refund the appropriate portion, if any, of the initial
fee to the Complainant, as specified in the Provider's Supplemental
Rules.
- No action shall be taken by the Provider on a complaint until
it has received from Complainant the initial fee in accordance
with Paragraph 19(a).
- If the Provider has not received the fee within ten (10) calendar
days of receiving the complaint, the complaint shall be deemed
withdrawn and the administrative proceeding terminated.
- In exceptional circumstances, for example in the event an
in-person hearing is held, the Provider shall request the Parties
for the payment of additional fees, which shall be established
in agreement with the Parties and the Panel.
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20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider
nor a Panelist shall be liable to a Party for any act or omission
in connection with any administrative proceeding under these Rules.
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21. Amendments
The version of these Rules in effect at the time of the submission
of the complaint to the Provider shall apply to the administrative
proceeding commenced thereby. These Rules may not be amended without
the express written approval of ICANN.
Additional information regarding the Uniform Domain Name Dispute
Resolution Policy & Rules may be found at http://www.icann.org/udrp/udrp.htm.
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