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Resolución aprobada por ICANN   TodoRed
 
   

 Reproducción exacta de la Resolución aprobada por ICANN el 24 de octubre de 1999, disponible en la URL siguiente http://www.icann.org/udrp/


          Uniform Domain Name Dispute Resolution Policy

    (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

     (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. 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 (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 http://www.gandi.net/udrp/new.html 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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