Rules for Uniform Domain
Name Dispute Resolution Policy
(the "Rules") (As
Approved by ICANN on October 24, 1999)
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Administrative proceedings for the resolution of
disputes under the Uniform Dispute Resolution Policy
adopted by ICANN shall be governed by these Rules
and also the Supplemental Rules of the Provider
administering the proceedings, as posted on its
web site.
1. DefinitionsIn these Rules:
Complainant means the party initiating a complaint
concerning a domain-name registration.ICANN refers
to the Internet Corporation for Assigned Names and
Numbers.Mutual Jurisdiction means a court jurisdiction
at the location of either (a) the principal office
of the Registrar (provided the domain-name holder
has submitted in its Registration Agreement to that
jurisdiction for court adjudication of disputes
concerning or arising from the use of the domain
name) or (b) the domain-name holder's address as
shown for the registration of the domain name in
Registrar's Whois database at the time the complaint
is submitted to the Provider.Panel means an administrative
panel appointed by a Provider to decide a complaint
concerning a domain-name registration.Panelist means
an individual appointed by a Provider to be a member
of a Panel.Party means a Complainant or a Respondent.Policy
means the Uniform Domain Name Dispute Resolution
Policy that is incorporated by reference and made
a part of the Registration Agreement.Provider means
a dispute-resolution service provider approved by
ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm.Registrar
means the entity with which the Respondent has registered
a domain name that is the subject of a complaint.Registration
Agreement means the agreement between a Registrar
and a domain-name holder.Respondent means the holder
of a domain-name registration against which a complaint
is initiated.Reverse Domain Name Hijacking means
using the Policy in bad faith to attempt to deprive
a registered domain-name holder of a domain name.Supplemental
Rules means the rules adopted by the Provider administering
a proceeding to supplement these Rules. Supplemental
Rules shall not be inconsistent with the Policy
or these Rules and shall cover such topics as fees,
word and page limits and guidelines, the means for
communicating with the Provider and the Panel, and
the form of cover sheets.
2. Communications
(a) When forwarding a complaint to the Respondent,
it shall be the Provider's responsibility to employ
reasonably available means calculated to achieve
actual notice to Respondent. Achieving actual notice,
or employing the following measures to do so, shall
discharge this responsibility:(i) sending the complaint
to all postal-mail and facsimile addresses (A) shown
in the domain name's registration data in Registrar's
Whois database for the registered domain-name holder,
the technical contact, and the administrative contact
and (B) supplied by Registrar to the Provider for
the registration's billing contact; and(ii) sending
the complaint in electronic form (including annexes
to the extent available in that form) by e-mail
to: (iii) sending the complaint to any address the
Respondent has notified the Provider it prefers
and, to the extent practicable, to all other addresses
provided to the Provider by Complainant under Paragraph
3(b)(v).
(b) Except as provided in Paragraph 2(a), any written
communication to Complainant or Respondent provided
for under these Rules shall be made by the preferred
means stated by the Complainant or Respondent, respectively
(see Paragraphs 3(b)(iii) and 5(b)(iii)), or in
the absence of such specification (i) by telecopy
or facsimile transmission, with a confirmation of
transmission; or(ii) by postal or courier service,
postage pre-paid and return receipt requested; or(iii)
electronically via the Internet, provided a record
of its transmission is available.
(c) Any communication to the Provider or the Panel
shall be made by the means and in the manner (including
number of copies) stated in the Provider's Supplemental
Rules.