Registration Terms & Conditions

 

Domain name registration

Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies; where possible relevant links have been provided below:

.uk

.com, .net, .org


Domain Transfer and Ownership Terms and Conditions

These Terms and Conditions set out the terms under which, You ("Client", "You" or "Your") agree to Traveltek handling domain transfer and ownership matters.

The terms in this policy are supplemental to Traveltek's Standard Terms and Conditions and You will be bound to all of these when carrying out business with Traveltek (collectively referred to as the "Agreement").

In the event of any conflict with the Standard Terms and Conditions these Domain Transfer and Ownership Terms and Conditions shall prevail.

These additional terms may be amended by Traveltek at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.

1. DEFINITIONS

1.1 The definitions and rules of interpretation in this condition apply in the Conditions:

"Dispute Resolution Policy"
Means any relevant dispute resolution policy including, but without limitation, the UDRP, the Nexus Dispute Policy and Nominet's DRS.
"Gaining Registrant"
Means a person, company or entity, as listed in the Whois record, that a domain has been, or is in the process of being, transferred to.
"Losing Registrant"
Means a person, company or entity, as listed in the Whois record, that a domain has been, or is in the process of being, transferred away from.
"Manual Transfer Fee"
Means the fee that You are required to pay to Traveltek if We are required to manually work on the transfer process.
"Requested Domain"
Means the Domain Name You ask Us to register.
"Transfer"
Means moving the domain from the control of one owner to another which might involve the transfer between Traveltek and another domain registrar.
"Whois"
"Whois" means a domain name search tool for an Internet top level domain name registry database.

2. You acknowledge and agree:

2.1 In the event that ownership is disputed, to resolve all disputes with the parties involved, prior to contacting Traveltek to organise a transfer.

2.2 That if You wish to transfer ownership of a Requested or Registered Domain then You must do the following:

2.2.1 ensure that all necessary consents and permissions to that transfer have been obtained.
2.2.2 deliver to Traveltek, on demand, documentary evidence of all such relevant consents and permissions for consideration.
2.2.3 understand and/or accept that should Traveltek not be satisfied that the documentation provided amounts to a transfer then no action will be taken by Traveltek to transfer the domain.

2.3 That on transferring or changing ownership of a Registered Domain to another person or registering a Domain on behalf of another person (the "Transferee") You will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at Traveltek's request.

2.4 In the event that Your account is in arrears, no management process can take place. However, You accept that any request to transfer any gTLD will require a Manual Transfer Fee which is charged per domain name, at the amount relevant to that particular domain extension which can be found at http://www.traveltek.net/domain-registration.phtml (all prices displayed exclude VAT, charged at 20%). Traveltek will not transfer ownership of a Requested Domain until all Fees attributable to the services associated with the account, which are due, have been paid by You to Traveltek.

2.5 That Traveltek are not in a position to transfer domains or change the ownership of a domain name where trademark disputes are concerned. Clients agree to direct their dispute through the relevant domain resolution procedures with the appropriate governing body.

2.6 That in the event that Traveltek receives a complaint in regards to trademark / brand infringement, Traveltek has the right to place the domain on hold and move into the Traveltek holding account. Traveltek shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to Traveltek by You.

2.7 That any communication You receive from a third party in relation to the disputed domain name has not been a result of Traveltek disclosing contact details to the third party.

3. Traveltek shall:

3.1 Determine the legal owners of a Requested Domain to be those listed on the Whois, whether this may be an individual or business entity.

3.2 In the event of receiving documentation which matches the WHOIS details, reserve the right to move the domain from the current domain holder’s account into a Traveltek holding account, lock the domain and place a registrar hold on it. Traveltek shall not move the domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to Traveltek by both parties proving the same. This documentation must include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant.

3.3 Take no immediate action in the event that documentation received does not match the WHOIS details of the disputed domain.

3.4 Not be liable for any unsolicited mail from third parties, including those that may relate to the disputed domain name.


Expired Domains Terms and Conditions

  • In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to have been "expired".
  • A domain name shall expire if Traveltek fail to receive payment.
  • The customer acknowledges that three (3) calendar days after the date of expiration Traveltek may in its sole discretion carry out the following actions:
    • Renew the domain name;
    • Park the domain name on different Name Servers from those set by the customer including the Traveltek Name Servers;
  • Following expiration of the domain name, the customer acknowledges that they have up to 16 days to contact Traveltek to retrieve and renew the domain name where applicable at the registry, and that the customer pays for said renewal.
  • On receipt of the Renewal Fee by Traveltek within the 16 day period, you will retain ownership of the requested domain and as soon as reasonably practicable we shall restore the requested domain to your control panel.
  • The customer acknowledges that 16 calendar days after the date of expiration Traveltek may at its sole discretion carry out the following actions:
    • Auction the domain name
    • Change the Contact Details
    • Transfer the domain name
  • If we do not receive the renewal fee within the 16 day period stipulated above Traveltek may at its discretion terminate the agreement and change ownership of the requested domain.
  • If Traveltek receives a request from the Client to renew the domain name(s) after the 16 day period, the Client agrees to pay the £75.00 redemption Fee. All prices exclude VAT (charged at 20%), together with any renewal Fee due.
  • Traveltek endeavours to renew domain names on behalf of the customer. However, we make no guarantees that all attempted renewals will be successful and it is the registrant's responsibility to check the WHOIS database to ensure their domain name has been renewed.

Terms and Conditions for .com/.net

Traveltek Registration Agreement

In this registration agreement ('Agreement'), the terms 'Registrant', 'you' and 'your' refer to the Registrant of each domain name registration, and the terms 'we', 'us' and 'our' refer to Traveltek The term 'Services' refers to the domain name registration services provided by us. Any reference to a 'Registry' shall refer to the registry administrator of the applicable domain. For the avoidance of all doubt, this includes, but is not limited to, Nominet and Melbourne IT.

This Agreement is a contract that sets out the rights and responsibilities of us and all Registrants of domain names through our Services. This Registration Agreement incorporates other agreements between Traveltek and you, such as the acceptable use policy and dispute resolution procedures, as set out on the Traveltek website.

1. SELECTION OF A DOMAIN NAME

1.1 You acknowledge and agree that should an inquiry indicate that the desired domain name is available at the time of your application, we cannot guarantee that you will obtain the desired domain name on registration.

1.2 You represent that, to the best of the your knowledge and belief the domain name being registered shall not, at any time, be used for any unlawful purpose, and that neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party. You hereby acknowledge that we are not responsible for determining whether your use of our Services infringes upon the legal rights of others.

1.3 Registration or reservation of your desired domain name does not prevent objection to the registration, reservation or use of said domain name.

2. FEES

2.1 You agree to pay us the applicable fees set out on the pricing page, order confirmation, or as otherwise communicated to you as consideration for the Services prior to the effectiveness of a desired domain name registration or any renewal thereafter ('Fees').

2.2 All Fees payable under this Agreement are not refundable, even in the event your domain name registration is cancelled, suspended, or transferred before the end of the registered term.

3. ACCOUNT & WHOIS INFORMATION

Contact Information

3.1 In addition to the Fees for the Services as stipulated in Clause 2 of this Agreement, you hereby agree to the following:

3.1.1 to provide up-to-date, accurate information about you as required by the registration process ('Account Details'), and

3.1.2 to ensure that all Account Details provided are maintained and updated as necessary or to our request in order to keep it accurate and complete. Not providing requested information may prevent you from obtaining all Services.

3.2 You hereby confirm that all Account Details provided by you to us are true. Failure to do so for any reason will amount to a material breach of this agreement and we reserve the right to terminate your Services immediately upon such breach without notice and without any refund to you.

3.3 The nature of information you are required to provide may change and you must provide such information once requested.

3.4 You are responsible for regularly monitoring correspondence sent to the email address you provided us. Any correspondence from us to you will be sent to this address and there may be consequences relating to charges or the loss of your rights to the domain name(s) or Services if you do not monitor such correspondence and respond accordingly.

WHOIS Information

3.5 You hereby acknowledge that you are obligated to maintain your Account Details for the purpose of providing the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name, as required or permitted by ICANN or an applicable registry policy.

3.6 During or after the term of the Services relating to your registered domain(s), we will make the information you provide available as necessary at the request of both ICANN, any registry administrator(s), and to other third parties as ICANN and applicable laws may require. You hereby waive any and all claims you may have arising from disclosure of such information.

3.7 You acknowledge that ICANN may establish or modify the limits and/or requirements relating to the information that we may or must make available, and such information we provide may change. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/.

4. SERVICES

4.1 Domain Registration:

4.1.1 We register gTLD via Verio who has a partnership with Melbourne IT, an official registrar accredited by ICANN. ICANN oversees the registration of generic Top Level Domain Names.

4.1.2 Domain name registrations only become effective when the registry administrator puts them into effect. Domain name registrations are for limited terms which end on the expiration date.

4.1.3 We are neither responsible nor liable in any way for actions by the registry administrator arising out of or related to any request in relation to a domain name registration, including any errors or omissions.

4.1.4 You acknowledge that domain name registration is a service and your use of such service does not create a property interest and you have no such property interest in any domain name(s) which you may register with us.

4.2 You acknowledge that your registration of any domain name is subject to cancellation, suspension, or transfer by any ICANN procedure which is either currently in effect or that which may come into affect at a later date by any Registry procedures approved by an ICANN-adopted policy or any policy adopted by governing body, or as a result of any legal obligations.

5. TERM

5.1 The term for newly created and registered domain names begins on the date the domain name registration is acknowledged by the applicable registry.

5.2 The term for existing domain name registrations (transferred or otherwise) begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.

5.3 This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof.

5.4 We will provide the Services for the period on the order confirmation from the date stipulated in either clause 5.2 or 5.3 above (such period being termed the "Initial Period") and shall be automatically renewed, subject to cancellation or termination under the provisions of this Agreement.

6. SUSPENSION & TERMINATION OF DOMAIN NAMES

6.1 Termination may occur under the following circumstances:

6.1.1 you may serve 30 days' written notice on us following completion of our prescribed template procedures for terminating the whole or any part of the Agreement (details of which can be obtained from Traveltek's Customer Services Team); or

6.1.2 we may serve 30 days' written notice on you to expire at any time.

6.2 We may immediately terminate the Agreement (or at its option, any part of it) by notice in writing to you if you fail to pay to us any sum due under the Agreement on the due date for payment.

6.3 Either party may terminate the Agreement (or, at its option, any part of it) forthwith by notice in writing to the other if the other party:

6.3.1 is in material breach of the Agreement and fails (where the breach is capable of remedy) to remedy the breach within 30 days of the receipt of a request in writing to remedy the breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement;

6.3.2 becomes the subject of a voluntary arrangement under section 1 of the Insolvency Act 1986;

6.3.3 is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

6.3.4 has a receiver, manager, administrator or administrative receiver appointed over all or any parts of its undertaking, assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or for an administration order; or

6.3.5 has ceased or threatened to cease to trade.

6.4 You can exercise this right to cancel by contacting us through our support site.

6.5 You will no longer have the right detailed in clause 6.4 when we have commenced the Service with your consent. For the purposes of this clause your consent will be deemed to be given upon you pressing the 'Order' button on registration.

6.6 Should your domain be transferred to another registrar (i.e. another provider of the Services), the terms and conditions of this Agreement shall cease to apply.

6.7 If the Services are terminated or suspended we reserve the right to the make ourselves or a third party the beneficiary of the same Services previously received by you.

6.8 If we have grounds to terminate or suspend your Services with respect to one particular Service provided through your Account, we may terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for a material breach of this Agreement.

7. RENEWAL OF SERVICES

7.1 We may notify you via an email message or via your Account when renewal fees are due, but you acknowledge that this is not a binding commitment on our part. Should these fees go unpaid, you will become liable for such fees for the Services, which we reserve the right to cancel or suspend as per the provisions of this Agreement.

7.2 We may contact you to update your billing information in the event that an attempted transaction is not processed successfully.

7.3 It is your responsibility to;

7.3.1 keep your own records;

7.3.2 maintain your own reminders regarding when your Services are set to expire;

7.3.3 maintain accurate and up to date billing information for the automatic renewal of any services.

8. EXPIRY OF DOMAIN NAME REGISTRATION

8.1 Immediately after the expiration of the Service but before deletion of the domain name in the database of the applicable registry, we may;

8.1.1 re-direct the domain name IP address (or addresses) and name servers designated by us as we see fit; or

8.1.2 leave your WHOIS contact information for the expired domain name intact; or

8.1.3 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name. Reactivation

8.2 For generic Top Level Domain names, a period of approximately 35 days after the expiration of the registration term of a domain name is available to provide a procedure to renew expired domain names. We are not obligated to offer this service and may offer a fee for the same at our sole discretion.

8.3 All risk remains with you should you allow the original term of domain name registration to expire and subsequently attempt to renew the Service. We shall not be liable for any loss arising out of such action not to offer or provide reactivation.

8.4 Expired domain name services may be available to third parties and expired domain name registration services may be re-registered to any party at any time.

8.5 After the period set out in clause 8.2, we may:

8.5.1 Discontinue your domain name registration services at any time thereafter without notice. We are not obliged to notify you that your Services are being discontinued; or

8.5.2 Pay the relevant Registry's registration fee in order for the continuation of registration services. In which case, we may we may;

8.5.2.1 re-direct the domain name IP address (or addresses) and name servers designated by us as we see fit; or

8.5.2.2 leave your WHOIS contact information for the expired domain name intact; or

8.5.2.3 amend your WHOIS contact information for the expired domain name, so you are no longer listed as the registrant of the domain name.

You will not be entitled any proceeds or profit that may result following any action we take in respect of the domain name. We are not obliged to contact you to notify you that your Services are being continued.
Domain Transfers

8.6 Any transfer of any domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the Uniform Domain Name Dispute Resolution Policy (UDRP).

8.7 YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IRRESPECTIVE OF WHETHER THE TRANSFER IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

9. MODIFICATIONS TO THIS AGREEMENT

9.1 You acknowledge that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances.

9.2 Your continued use of the domain name registered and the Services will be deemed to constitute your acceptance of this Agreement with any revisions.

9.3 If you do not agree to any amendments, you may request that your domain name registration be cancelled or transferred to another registrar in line with the terms of the Agreement and you acknowledge and accept that such cancellation or request for transfer will be the only remedy in this respect.

10. DOMAIN NAME DISPUTES

10.1 You hereby acknowledge that you will be bound by all ICANN policies and any other policies of the relevant Registry. This includes, but is not limited to, the UDRP, available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm.

10.2 The UDRP may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party.

10.3 Should a domain name dispute arise with any third party whatsoever, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. If you or your domain name are the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate

11. AGENCY

11.1 If you license or have the intention of licensing the use of a domain name to a third party you shall remain the domain name holder on record and remain responsible for providing your own full contact information and for providing and updating the information required under clause 3 of this Agreement.

11.2 You confirm that you will obtain from any such third party their agreement to the terms of this Agreement

12. LIMITATION OF LIABILITY

12.1 The provisions of this clause set out the entire liability of Traveltek (including any liability for the acts or omissions of its consultants, employees, agents and authorised representatives) to you in respect of:

12.1.1 any breach of the Agreement; and

12.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.

12.2 Nothing in the Agreement excludes or limits the liability of Traveltek for death or personal injury caused by the negligence of Traveltek, fraud or a breach of section 12 of the Sale of Goods Act 1979.

12.3 Subject to clauses 12.2 the total liability of Traveltek in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement is limited to:

12.3.1 £500 per breach for loss of or damage to tangible property; and

12.3.2 for any other kind of loss, one and a quarter times the amount of sums paid by you to us pursuant to the Agreement (excluding VAT and expenses) during the preceding 12 month period.

12.4 Traveltek will not be liable to you in contract, tort, misrepresentation or otherwise (including negligence), for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, or for any loss of profit, loss of business, loss of contract loss of revenue, depletion of goodwill or otherwise (whether direct or indirect), and whether or not caused by the negligence of Traveltek or its employees, agents or authorised representatives, which arises out of or in connection with the Agreement.

12.5 You acknowledge that the allocation of risk in the Agreement reflects the price paid for the Services and that it is not within the control of Traveltek how or for what purposes they are used.

12.6 Where you access our services from locations outside the UK, you does so on your own initiative and you are responsible for compliance with all and any applicable local laws.

13. INDEMNITY

13.1 You will fully indemnify and keep us and any associated Registries and their employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including legal fees) whatsoever incurred by it and arising from or relating to any of the following:

13.1.1 your breach of the Agreement, negligence or other default;

13.1.2 registration, use or misuse of the domain name registered in your name, whether used by you or a third party;

13.1.3 your use or misuse of any other Service associated with this Agreement.

13.2 You also agree to indemnify us further to the terms and conditions contained in any applicable Dispute Policy. Should we be threatened with any third party claim, we reserve the right to the following;

13.2.1 seek written assurances from you in respect of your indemnification obligation to us; or

13.2.2 suspend or cancel your Services upon your failure to provide such assurances when requested.

13.3 This indemnification obligation will survive the termination or expiration of this Agreement.

13.4 This indemnification is made in addition to any indemnification set out elsewhere in this Agreement or as required under the UDRP, any other ICANN policy or any policy of any relevant registry.

14. FORCE MAJEURE

14.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supra-national authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Traveltek or the Client, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

15. GOVERNING LAW

15.1 Except as otherwise set forth in the UDRP or any similar policy, with respect to any dispute over a domain name registration, the construction, performance and validity of the Agreement will be governed by Scottish law and the Scottish courts have jurisdiction to settle any disputes which may arise out of or in connection with it.


Uniform Domain Name Dispute Resolution Policy

The original document is located at www.icann.org, in the event of differences, the original document should be regarded as the definitive set of Terms and Conditions.

a. Applicable Disputes

b. Evidence of Registration and Use in Bad Faith

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint

d. Selection of Provider

e. Initiation of Proceeding and Process and Appointment of Administrative Panel

f. Consolidation

g. Fees

h. Our Involvement in Administrative Proceedings

i. Remedies

j. Notification and Publication

k. Availability of Court Proceedings

a. Applicable Disputes

b. Evidence of Registration and Use in Bad Faith

  1. Purpose
  2. Your Representations
  3. Cancellations, Transfers and Changes
  4. Mandatory Administrative Proceeding
  5. All Other Disputes and Litigation
  6. Our Involvement in Disputes
  7. Maintaining the Status Quo
  8. Transfers During a Dispute
  9. Policy Modifications

Uniform Domain Name Dispute Resolution Policy

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/dndr/udrp/policy.html, 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

  1. the statements that you made in your Registration Agreement are complete and accurate;
  2. to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
  3. you are not registering the domain name for an unlawful purpose; and
  4. 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:

  1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorised agent to take such action;
  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  3. 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 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

  1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
  2. you have no rights or legitimate interests in respect of the domain name; and
  3. 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:

  1. 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
  2. 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
  3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  4. 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):

  1. 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
  2. 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 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

  1. 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
  2. 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 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 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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