This CentralNic Dispute Resolution Policy (the "Policy") 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 (CentralNic) over the registration and use of any sub-level domain name ("Domain Name") provided by us and registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for CentralNic Dispute Resolution Policy (the "Rules").
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.
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; and/or
c. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
d. 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 the Policy. (See Paragraphs 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.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding.
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 National Arbitration Forum (the "Forum"), in compliance with the Rules, 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 or is being used in bad faith,
provided that the Complainant has participated in a CentralNic Mediation to which you were a party and which involved the disputed Domain Name and that such Mediation has terminated.
In the administrative proceeding, the Complainant must prove that each of the above 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) 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.
(v) you have provided false contact details to us.
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 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. Dispute Resolution Provider. The proceeding shall be administered by the Forum.
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules 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.
g. Fees. All fees charged by the Forum 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, 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 Forum 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 by the Forum 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) calendar days after we are informed by the Forum 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) calendar 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. (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 for details.) If we receive such documentation within the ten (10) calendar 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.
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. The Forum will be able to accept claims under the Uniform Rapid Suspension System.
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.
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.
You may not transfer your Domain Name registration to a third party other than the Complainant
(i) during a CentralNic Mediation and for five (5) calendar days following its termination if the Mediation resulted in a settlement, or for twenty-five (25) calendar days following the termination of the Mediation, if the Mediation did not result in a settlement; or
(ii) as soon as a complaint has been filed pursuant to Paragraph 4 or for a period of fifteen (15) calendar days after the resulting administrative proceeding is concluded; or
(iii) 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 Paragraph.
We reserve the right to modify this Policy at any time. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to the Forum, 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.