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A
COMPANY OWNED BY @MACARLO ORGANIZATION
Uniform
Domain Name Dispute Resolution Policy
Updated
on April 17th, 2003
 Uniform
Domain Name Dispute Resolution Policy
of @Macarlo Networks Web Hosting (Subsidiary of @Macarlo Networks,
Incorporated)
for www.macarlo.com, www.macarlo.net and subsidiary web sites
(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 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
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
(e) You agree that the registration of a domain name shall, for
the following reasons, be subject to suspension, cancellation, or transfer
pursuant to any policy adopted by ICANN, as well as to any procedures of
DotRegistrar not inconsistent with an ICANN adopted policy: (i) to correct
mistakes made by DotRegistrar or other ICANN accredited registrars and the
registry in the registration of a domain name; and (ii) for the resolution of
disputes concerning a domain name.
(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.
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. Remedi es. 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 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.
Read our
privacy policy. This privacy policy applies to the U.S. operations of all brands and services
within the @Macarlo Networks family: Privacy
Copyright © 1997-2003 @Macarlo, Inc. / @Macarlo Networks, Incorporated, All
rights reserved.
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