Conflicts Generic Domains

This policy was adopted on August 26, 1999 for all official records of ICANN. It has also been adopted by certain administrations geographic TLD (eg. Nu. Tv,. Ws). Is mandatory between the registrar (or other registration authority in the case of geographic TLDs) and its customer (the domain name holder or registrant). So, when the policy uses the terms "we", "our" or the ends of first person plural, refers to the registrar, when we use the terms "you" and "your" refers to the owner of domain name.

This document has been translated into several languages ​​for information only. The original and valid (in English) can be obtained at: http://www.icann.org/en/dndr/udrp/policy.htm.

This policy is currently in force. In www.icann.org / udrp / udrp-schedule.htm can get information about the timetable for implementation.

(Approved by ICANN on October 24, 1999)
1. Goal

This uniform policy for resolving disputes about domain names (hereinafter the "Policy") has been approved by the Corporation for Assigned Names and Numbers (hereinafter "ICANN" as its acronym in English) and is by reference in its registration agreement, it lays down the conditions for resolving conflicts that may arise between you and a party other than us (the registrar) over the registration and use of a domain name Internet that you have registered. The procedures established under clause 4 of this Policy will be conducted in accordance with the Regulations of the uniform policy for resolving disputes about domain names (hereinafter the "Rules"), you can find in http://www.icann.org/es/dndr/udrp/uniform-rules-es.htm, and additional regulation under the service provider's administrative dispute resolution selected.
2. Statements

By applying to register a domain name or to request maintenance or renewal of registration of a domain name, you are stating and we are ensuring: (a) all statements that you made in the Registration Agreement are complete and truthful, (b) that, to the best knowledge and belief, the registration of the domain name does not violate or contravene any way the rights of a third party, and (c) not to use the domain name in breach of legislation or knowingly applicable regulations. It is your responsibility to determine whether the registration of the domain name infringes or violates the rights of a third party.
3. Cancellations, Transfers and Changes

Proceed to the cancellation, transfer or modification of the domain name registration in the circumstances described below:

a. subject to the provisions of clause 8, if you or your authorized agent sends us instructions in writing or in electronic form appropriate to carry out such measures;

b. if we receive an order from a court or arbitration committee, both of competent jurisdiction by requiring that any of these measures;

c. if we receive an administrative decision by a jury which requires the taking of such measures as a result of an administrative proceeding in which you are party and which has been conducted under this Policy to a friend approved by ICANN later this Policy. (See paragraphs 4 (i) and (k)).

We may also cancel, transfer or otherwise modify a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding

In this clause sets the type of conflicts in which you must submit to a mandatory administrative proceeding. This procedure will be conducted before one of the service providers of dispute resolution contained in http://www.icann.org/dndr/udrp/approved-providers.htm administrative (each, a "Provider" ).

a. Conflict applicable.

You shall submit to a mandatory administrative proceeding in the event that a third party (the "plaintiff") asserts to the relevant suppliers in accordance with the Regulations, the following:

your domain name is identical or similar to the point of being able to confuse, to a trademark or service on which the complainant has rights;
you have no rights or legitimate interests with respect to the domain name;
your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that all elements are given above.

b. Proof of registration and use in bad faith

For the purposes of paragraph 4 (a) (iii), the following circumstances, including whether the jury findings, constitute sufficient proof of registration and use in bad faith a domain name:

(I) circumstances indicating that his primary responsibility to register or acquire the domain name was to sell, rent or otherwise transfer the registration of the domain name to plaintiff trademark holder of goods or services or a competitor of said plaintiff in excess of documented direct costs directly related to the domain name;

(Ii) if you have registered the domain name in order to prevent the trademark owner's products or services from reflecting the mark in a particular domain name, provided that you have engaged in a pattern of such conduct;

(Iii) if its primary purpose in registering the domain name was hindering the business of a competitor;

(Iv) if, by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to its website or other online location by creating confusion with the complainant's mark as to the origin , sponsorship, affiliation or endorsement of your web site or online site or a product or service on your website or online site.

c.com demonstrate their rights and legitimate interests to the domain name when responding to a demand

When you receive a complaint, refer to Clause 5 of the Rules to determine how to prepare its response. Any of the circumstances described below, among others, serve as evidence of rights or legitimate interests to the domain name for purposes of paragraph 4 (a) (ii) as long as the panel considers them tested after evaluation of the evidence submitted:

(I) before receiving notification of the application, your use, 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;

(Ii) you (as an individual, company or other organization) commonly known by the domain name, but has not acquired the corresponding trademark rights;

(Iii) you are making a legitimate noncommercial or fair use of the domain name, without intent to mislead consumers or tarnish the brand of products or services concerned with profit.

d. Supplier selection

The complainant shall select the provider among those approved by ICANN by submitting the application to that provider. The selected provider will process the proceeding, except in cases of consolidation as described in paragraph 4 (f).

e. Initiation of proceedings and appointment of administrative judges

The regulation establishes the process for the initiation and instruction of the procedures and the appointment of the jury will resolve the conflict (the "administrative judges").

f. Consolidation

If there are multiple disputes between you and a complainant, either may request the consolidation of all disputes before a single jury administration. This request shall be made at the first administrative panel appointed to address a dispute between the parties. This administrative jury before it can concentrate in their sole discretion, all these conflicts, as long as conflicts consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Rates and fees

All fees charged by a Provider in connection with an administrative dispute before a jury under this Policy shall be paid by the complainant, except in the event you decide to expand the jury of one to three panelists as provided for in paragraph 5 (b) (iv) of the Regulations, in which case the fees will be split evenly by you and the complainant.

h. Involvement in administrative procedures

The registrar, ie, we do not participate or participate in the management or direction of any proceeding before an administrative panel. Also, do not assume any responsibility for the decisions rendered by the jury.

i. Legal Resources

The resources available to the plaintiff in a proceeding before a jury is limited to requiring the cancellation of the domain name you own or transfer registration to the complainant of the domain name.

j. Notification and Publication

The provider must notify us of any decisions rendered by administrative judges with respect to any domain name you have registered with us. All decisions under this Policy shall be published in full on the Internet, except when the jury decides on an exceptional administrative excerpt resolution.

k. Judicial Proceedings

The requirements of clause 4 for the mandatory administrative proceeding does not prevent you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before being opened such mandatory administrative proceeding or after it ends. If a jury finds that the administrative record of your domain name should be canceled or transferred prior to implementing the decision, we will wait ten (10) days (calendar of the place where he is our principal office) after being informed by the applicable Provider of the jury decision. After this period, implement the decision unless within that period of ten (10) we have done business you get any official document (for example, the copy of the application stamped by the clerk of the court) which is found to have presented a lawsuit against the complainant in a jurisdiction with jurisdiction over the claimant in accordance with paragraph 3 (b) (xiii) of the Regulation. (In general, that jurisdiction is usually either the address corresponding to that of our principal office or to the address listed in your name in the database "Whois." See paragraphs 1 and 3 (b) ( xiii) of the Regulations for details). If we receive such documentation within the prescribed period of ten (10) working days, do not execute the administrative decision of the jury, and to take no further action until we have received: (i) satisfactory evidence that has come to a resolution between the parties, (ii) satisfactory evidence that demand has been rejected or withdrawn, or (iii) a copy of an order from such court dismissing the complaint or why you are denied the right to continue using the domain name.
5. Other conflicts and disputes

All disputes arising between you and any party other than us regarding the registration of your domain name does not conform to the mandatory administrative proceeding provisions of Clause 4 shall be resolved between you and such third party by action before a court or arbitration panel or through any other medium available.
6. Involvement in conflict

Not participate in any way in any dispute that may arise between you and any third party other than us regarding the registration and use of your domain name. Do not name us as a party or include us in any way in that procedure. If we are appointed part of that procedure, we reserve the right to present all the arguments that we deem appropriate and take any other action necessary for our defense.
7. Maintaining the status

Not cancel, we will give, activate, deactivate or modify in any manner the legal status of any domain name registration under this Policy except as provided in clause 3.
8. Disposals during conflict.

a. Transfer of domain name to a new owner.

You may not transfer your domain name registration to another holder (i) a pending administrative proceeding brought pursuant to clause 4 or for a period of fifteen (15) days (calendar of the place where he is our principal office) after completion of the procedure, (ii) pending a judicial or arbitral proceedings relating to your domain name unless the party who is going to give the registration of the domain name agrees in writing to submit to the resolution issued by that court or arbitration panel. We reserve the right to cancel any transfer of registration of that domain name to another holder that represents a violation of the provisions of this paragraph.

b. Changing Registrars

You may not transfer the registration of a domain name to another registrar during the pendency of an administrative proceeding initiated under clause 4 or for a period of fifteen (15) days (calendar of the place where he is our principal office) after completion of the procedure. You may transfer administration of the registration of a domain name to another registrar during a court proceeding or arbitration, provided that the domain name you have registered with us remains subject to proceedings against you in accordance with the terms of this Policy. Should we be transferred to register a domain name pending judicial proceedings or arbitration, the dispute in question remain subject to political disputes about domain names that implement the original record of such transfer.
9. Policy Change

We reserve the right to modify this Policy at any time with the permission of ICANN. Publish the text of the amended Policy <URL> at least thirty (30) days prior to its entry into force. Unless already submitted a complaint to a Provider which is invoked in this Policy, in which case that, until the conflict is resolved, the version of the Policy in effect at the time it is invoked, all amendments to this Policy shall be binding on you and apply in any dispute over domain name registrations, regardless of whether the conflict has arisen before, during or after the date of entry into force of amendments. If you object to any amendment to this Policy, the only relief to which it is entitled to cancel the registration of the domain name and is not entitled to a refund of the fees we have paid. In addition, the revised Policy will apply until you cancel the registration of your domain name.