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 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
http://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 online 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 here 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.
Contacting us
If you need to contact us regarding a domain name
dispute please visit our support site:
http://www.lastdigital.com
Please note: by
signing up for any of our services you agree to be bound
by all Last Digital terms and conditions.
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