| The Uniform Domain Name Dispute Resolution Policy (the "Policy")
which has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated
by reference into your Registration Agreement. It 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. Full details of the Dispute
Policy can be found at http://www.icann.org/udrp/
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:
the statements that you made in your Registration
Agreement are complete and accurate; and
to your knowledge, the registration of the domain
name will not infringe upon or otherwise violate the
rights of any third party; and
you are not registering the domain name for an unlawful
purpose; and
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:
our receipt of written or appropriate electronic
instructions from you or your authorised 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. 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.
The following set forth the types 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 http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
In the event that a third party (a "complainant")
asserts 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. The complainant must prove that
each of these three elements are present.
If any of the following are found to be present then
it will be deemed 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.
The remedies available to a complainant will be limited
to requiring the cancellation of your domain name
or the transfer of your domain name registration to
the complainant.
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 defences deemed appropriate,
and to take any other action necessary to defend ourselves.
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