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 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 http://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 CC Hosting.com’s Service 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 http://www.icann.org .
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
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 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 organisation) 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
non-commercial 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 panellists 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 cancelled 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
defences 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 tendency 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
http://www.cchosting.com/cchsite/policies/
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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