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ISQsolutions™ does not, and cannot, screen, review, evaluate or
investigate the legal right of registrants to register or use a
Domain Name. If you believe a Domain Name registrant is using a
Domain Name in a manner that infringes upon, dilutes or otherwise
harms any of your rights, you should contact the registrant directly.
ISQsolutions™ provides registrant contact information for Domain
Names registered by us through our Partners by the Whois database
on the ISQsolutions™ site.
ISQsolutions™ has adopted the Uniform Domain Name Dispute Resolution
Policy ("UDRP") established by the Internet Corporation
for Assigned Names and Numbers ("ICANN") and has also
adopted the dispute policies required by individual Registries as
set forth in the ISQsolutions™
Terms and Conditions. ISQsolutions™ encourages third parties
to resolve disputes with registrants through the process described
in the UDRP. Please refer to Sections 6 and 7 of the UDRP regarding
our involvement in a dispute between a registrant and a third party.
ISQsolutions™ utilizes the World Intellectual Property Organization
("WIPO"), among others, as an ICANN approved dispute resolution
service provider for disputes related to Domain Names. For further
information regarding dispute resolution procedures, go to http://www.arbiter.wipo.int/domains
or click
here for information about other
providers.
Uniform Domain Name
Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
- 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 here, and the selected administrative-dispute-resolution
service provider's supplemental rules.
- 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.
- Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:
- 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;
- our receipt of an order from a court
or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or
- 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.
- 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 here (each, a "Provider").
- 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
- your domain name is identical
or confusingly similar to a trademark or service mark
in which the complainant has rights; and
- you have no rights or legitimate
interests in respect of the domain name; and
- 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.
- 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:
- 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
- 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
- you have registered the domain
name primarily for the purpose of disrupting the business
of a competitor; or
- 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.
- 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):
- 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
- 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
- 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.
- 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).
- 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").
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Transfers During a Dispute.
- 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.
- 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.
- Policy Modifications.
We reserve the right to modify this Policy at any time with
the permission of ICANN. We will post our revised Dispute Policy
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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