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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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