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ICANN Dispute Resolution Principles

ICANN Dispute Resolution Principles

These rules apply between LLC "Hosting Ukraine" and the administrator of the domain, the Registrar of which is the specified organization.

Date of adoption: August 26, 1999
Implementation Papers Approved: October 24, 1999
 
This document has been translated into several languages for informational purposes only. The original and authentic text of the document (in English) is located at: http://www.icann.org/en/dndr/udrp/policy.htm
 
Notes.
1. This strategy is still valid. For a list of amendments see www.icann.org/udrp/udrp-schedule.htm
2. This strategy is applied by all ICANN-accredited registrars. In addition, it is used by some country top-level domain managers (such as .nu, .tv, .ws).
3. This strategy regulates the relationship between the registrar (or other person in charge, in the case of a country top-level domain) and the consumer (domain name owner or registrar). In this strategy, mentions "we" and "our" belong to the registrar and "you" and "your" - to the owner of the domain name
 
Principles for resolving uniform domain name disputes
(Adopted by ICANN October 24, 1999)
 
1. Objectives. Principles for resolving disputes on uniform domain names (hereinafter "Principles"), adopted by the Internet Corporation for Assigned Names and Addresses ("ICANN") are included in the registration agreement and set out the terms and conditions that apply to disputes between you and any third party other than us (the registrar) regarding your registration and use of an Internet domain name registered in your name. The procedures described in Paragraph 4 of the Principles will be governed by the rules of the Single Domain Name Dispute Resolution Strategy (Rules of Procedure), which can be found at https://www.icann.org/resources/pages/udrp-rules- 2015-03-12-ru, as well as under the additional rules of the service provider for resolving administrative disputes.
 
2. Your application. By applying for a domain name registration or contacting us for support or renewal of a domain name registration, you thereby warrant that (a) the information provided in the registration agreement is complete and accurate; (b) you have no knowledge that the registration of this domain name violates or in any other way infringes the rights of third parties; (c) you are not pursuing an illegal purpose when registering a domain name; (d) you will not use the domain name to violate any applicable law or regulation. The decision as to whether the registration of a domain name is a violation or infringement of someone's rights is made by you independently and under your responsibility.
 
3. Cancellation, transfer and amendment... We will cancel, transfer the registration to another person and make any other changes under the following conditions:
 
a. in accordance with the provisions of Paragraph 8, upon receipt of a written or correctly completed electronic application from you or your authorized representative with an instruction to take such action;
 
b. upon receipt of an order from a court or an arbitration tribunal, and / or upon any request from the competent authorities to take such action;
 
c. upon receipt of a decision by the Administrative Commission to apply such action to any administrative procedure with your participation conducted under this Strategy or later versions adopted by ICANN. (See paragraph 4 (i) and (k) below.)

We may also cancel, transfer, or in any other way amend your domain name registration in accordance with the terms of your registration agreement or other legal requirements.

4. Mandatory administrative procedures.
 
This paragraph describes four types of disputes, each of which requires certain administrative procedures. These procedures will be carried out by one of the providers of administrative dispute resolution services listed at http://www.icann.org/en/dndr/udrp/approved-providers.htm (hereinafter "Providers").
 
a. Relevant disputes. You need to go through administrative procedures on the issue with which the third party ("plaintiff") has contacted the relevant provider in addition to the Rules of Procedure, which will determine that:
 
(i) your domain name is identical to or similar to the trademark or service name of the claimant; as well as
 
(ii) you have no rights and legitimate interests in this domain name; as well as
 
(iii) your domain name has been registered and is being used in bad faith.
 
During the administrative procedure, the plaintiff is obliged to prove your guilt under each of these provisions.
 
b. Evidence of bad faith registration and use... Subject to Section 4 (a) (iii), one or more of the following circumstances, when identified by the Commission, may constitute evidence of bad faith registration and use of a domain name:
 
(i) circumstances indicating that you have acquired the domain name for the purpose of selling, renting or otherwise transferring its registration to the plaintiff who owns the trademark or service name, or to a competitor of the plaintiff for an amount in excess of your confirmed expenses directly related to the domain name; or
 
(ii) you have registered a domain name to prevent the owner of the trademark or service name from using the corresponding domain name, provided that you have previously engaged in such activities; or
 
(iii) you registered the domain name primarily to interfere with the activities of a competitor; or
 
(iv) by using the domain name, you deliberately attracted Internet users for commercial purposes to your website or other Internet resource by creating an affinity with the plaintiff's trademark, which allegedly is a founder, sponsor, partner or maintains your website or other resource , or a product or service provided on your website or other resource.
 
c. How to assert your legitimate interests and rights to register a domain name in response to a claim. In the event of a claim, for the correct preparation of the answer, please refer to Paragraph 5 of the rules of procedure. If the panel in the course of the proceedings proves the existence of one or more of the following circumstances, this will serve as a basis for the statement of your rights or legitimate interests in the domain name in accordance with Section 4 (a) (ii):
 
(i) prior to receiving the Notice of Claim, you have used or were preparing to use a domain name or a name that matches the domain name in the claim for the purpose of providing goods and services in good faith; or
 
(ii) you (as an individual, business or other organization) were widely known under the specified domain name, even if you did not acquire the rights to use that trademark or service mark; or
 
(iii) by using the domain name, you are engaging in a legitimate non-profit or bona fide business with no intent to mislead consumers or harm the reputation of the complainant's brand or service mark.
 
d. Choosing a provider. The complainant must select a provider from a list of ICANN-approved providers and file the complaint with it. The selected provider will conduct all procedures except in the case of a general hearing as described in Section 4 (f).
 
e. How to start the procedures and process, as well as convene the Administrative Commission. The rules of procedure describe the process of starting and carrying out the procedure, as well as the appointment of a dispute resolution commission ("Administrative Commission").
 
f. Joint hearing. In cases where there is more than one dispute between you and the plaintiff, you or the plaintiff can request a general hearing by one administrative panel. Such a request should be sent to an administrative commission convened to consider an initiated dispute between the parties. The Administrative Panel may, at its discretion, hold a joint hearing on all or more disputes, provided that the consolidated disputes are pursued within the framework of this strategy or subsequent versions adopted by ICANN.
 
g. Pay... The fees charged by the provider for the adjudication of the dispute by the Administrative Panel pursuant to this strategy shall be borne by the Claimant, unless the panel is expanded upon your request to one, two or three assessors as described in Paragraph 5 (b) (iv) of the rules of procedure, which fees are split evenly between you and the plaintiff.
 
h. Our participation in administrative procedures... Ma does not and will not take part in the administration or carrying out of any procedures before they are considered by the administrative commission. In addition, we will not be held responsible for the decisions of the administrative committee.
 
i. Refunds... Refunds that a plaintiff may receive under any administrative fee procedures should be limited to canceling your domain name or transferring your domain registration to the plaintiff.
 
j. Notices and publications... It is the provider's responsibility to notify us of any decision made by the Administrative Commission in connection with the domain name you have registered with us. All decisions made under this strategy will be published in full on the Internet, unless the Administrative Commission decides, on an exceptional basis, to make partial amendments to them.
 
k. Possibility of judicial procedures... The list of mandatory administrative procedures required in Paragraph 4 does not preclude you or the plaintiff from submitting a dispute to a court or other competent authority before the said mandatory administrative procedures are initiated or after completion. If the Administrative Commission decides to cancel the registration or transfer of your domain name, we will enforce it ten (10) business days (according to the calendar of our head office) after receiving notification from the provider about the decision of the Administrative Commission. The decision will be enforced if, within ten (10) business days, we do not receive from you an official document (for example, a copy of the complaint, certified by the seal of the bailiff), indicating the initiation of legal proceedings against the plaintiff in the judicial district to which the plaintiff belongs, as specified in Paragraph 3 (b) (xiii) of the rules of procedure. (Typically, this judicial district is the county in which our main office is located or the county in which your address listed in the database is located "Who is who"... See Rules of Procedure, Paragraphs 1 and 3 (b) (xiii) of the rules of procedure for details.) Upon receipt of such a document within ten (10) business days, we will defer the decision of the Administrative Commission and will not take any further action until we receive (i ) satisfactory evidence of the resolution of the dispute between you and the plaintiff; (ii) satisfactory evidence that your claim has been dismissed or withdrawn; or (iii) a copy of a court order dismissing your claim or stating that you are not entitled to further use of your domain name.
 
5. Other disputes and litigations... Any other dispute or litigation between you and any third party regarding the registration of your domain name that is not subject to the mandatory administrative procedures specified in Paragraph 4 shall be resolved by you and the third party through a judicial or other procedural authority.
 
6. Our participation in disputes... We will not be involved in any dispute between you and a third party about the registration and use of your domain name. You may not refer to us as a party or otherwise involve us in procedures. In the event that we are mentioned as one of the parties in any of the procedures, we reserve the right to take all measures of protection and provide all evidence we deem necessary.
 
7. Maintaining the status quo... As part of this policy, we will not cancel, transfer, activate, deactivate, or otherwise change the registration status of any domain name, except as described in Section 3 above.
 
8. Transfers in the course of a dispute.
 
a. Transfer of the domain name to the new owner.You may not transfer the domain name registration to another owner (i) during the administrative procedure commenced pursuant to Section 4 or within fifteen (15) business days (calendar, at our head office) after the procedure; or (ii) during legal proceedings or proceedings on your domain name, unless the party accepting the domain name agrees in writing to comply with a court or arbitrator's decision. We reserve the right to cancel any transfer of a domain name registration to another holder in the event of a violation of this clause.
 
b. Registrar change... You may not transfer a domain name registration to another registrar during the administrative procedure commenced pursuant to Section 4 or within fifteen (15) business days (calendar, at our head office) after the procedure. You have the right to transfer the administration of your domain name registration to another registrar during legal proceedings or proceedings, provided that the dispute over the domain name registered with us is conducted in accordance with the procedures provided for in this policy. In the event that a domain name registration is transferred to us during legal proceedings or proceedings, the dispute must be handled in accordance with the domain name dispute resolution strategy adopted by the registrar transferring the domain name to us.
 
9. Making amendments to the strategy. We reserve the right to amend the strategy at any time with the permission of ICANN. The updated strategy will be published on for at least thirty (30) calendar days prior to its entry into force. Unless the strategy is already being applied after a complaint has been sent to the provider (in this case, the version of the strategy valid at the time of the reference to the strategy will be applied until the dispute is resolved), compliance with all the amendments is mandatory in any dispute regarding the registration of a domain name the dispute started before or after the amendment. If you refuse to comply with the policy changes made, you must deregister the domain name from us without refunding your payments. Until the domain name is canceled, the updated strategy will apply to you.