DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org, .info, .biz, .us registrations only

1. Introduction

This Service Agreement ("Agreement") sets forth the terms and conditions of your use of various services of Netdorm, Inc. ("DNSEXIT.COM"). By requesting services from Netdorm, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including the Dispute Policy, and any rules or policies that are or may be published by Netdorm. Netdorm is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Netdorm and ICANN ("ICANN Agreement"). You acknowledge that Netdorm may modify this Agreement if necessary to comply with its ICANN Agreement, or as otherwise provided herein. In this Agreement, "you" and "your" refer to the party requesting services from DNSEXIT.Com, and "we", "us" and "our" refer to Netdorm Inc. (DNSEXIT.COM).

2. Selection of a Domain Name

We do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.

3. Fees and Payment

As consideration for the domain name registration services provided by Netdorm to you, you agree to pay Netdorm, at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with Netdorm's fee schedule published at Netdorm's website. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Netdorm shall have no liability whatsoever with respect to any such cancellation.

4.Charge Backs

You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. Netdorm will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others.

5. Dispute Policy

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") which is incorporated into this Agreement by reference and made a part of this Agreement. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Netdorm harmless pursuant to the terms and conditions contained in the Dispute Policy. Netdorm may modify the Dispute Policy with the permission of ICANN at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

6. Use of Your Information

As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Netdorm concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge that Netdorm will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Netdorm may or must make available to the public or to private entities. Netdorm will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in Netdorm's possession to review, modify or update such information.

7. Use Policies

Netdorm reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

8. Agents and Licenses

You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

9. Limitation of Liability

YOU AGREE THAT NETDORM WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NETDORM'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND NETDORM; (e) EVENTS BEYOND NETDORM'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, NETDORM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NETDORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETDORM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO NETDORM FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify and hold harmless Netdorm and any applicable domain name Registry, including Network Solutions Inc.,and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

11. Representations and Warranties

You represent and warrant that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is complete and accurate. Netdorm makes no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.

12. Breach and Revocation

Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Netdorm. If you fail to cure the breach, Netdorm may suspend, cancel, transfer or modify your registration of the domain name. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Netdorm) or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by Netdorm, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name. You also agree that Netdorm shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Netdorm receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

13. Change in Registrar

NSI policy permits Registrant to change its Registrar for an existing domain name. You agree that you can change the Registrar only in accordance with the policy or other policy from time to time provided by ICANN. The policy provides: (a). Each change of Registrar requires you to enter into a new two year Registration Agreement and to pay the appropriate registration fee;(b). You obtains no refund of any part of the fee paid to existing Registrar.

14. Notices

You agree that any notices required to be given under this Agreement by Netdorm will be deemed to have been given if delivered in accordance with the contact information you have provided.

15. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions, which shall continue to be binding.

16.Governing Law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Netdorm site shall be brought exclusively in the United State District Court for the District of California.

17. General

This Agreement, the Netdorm fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Netdorm, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Netdorm to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Netdorm of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Netdorm will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Netdorm as reflected in the original provision. No provision of this Agreement, including the Netdorm fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by Netdorm.



Important Manifesto for Multi-lingual Domain Name Pre-Registrations

Under Article three, the following ¡°Multi-lingual Domain Name Pre-Registration Agreement¡± declares that Netdorm provides the public with the Domain Name Pre-Registration Service only. It is understood that Netdorm bears no liability, either under law or under contract, to sensor whether the domain name submitted by the applicant is infringing and/or will infringe the rights of other person, either an individual or a legal body. Furthermore, it is understood that Netdorm bears no liability to sensor whether such domain name submitted by the same violates and/ or will violate the applicable laws, regulation, and etc. When providing such service, Netdorm has posted sufficient warning that the applicant shall not, intentionally or by negligence, infringe the rights and interests of the other, or violate the law and regulations relating to the registration and use of the domain names to be submitted. Should anybody claim that the registration and use of the domain name infringe the rights and interests of the same, such a person shall hold Netdorm free from any claim, litigation or procedure. Netdorm reserves the right to claim a loss, tort against any person who eventually files such claim over Netdorm or bring Netdorm into any lawsuit or procedure. It is understood Netdorm has no interests or duty to involve in the dispute between the applicant and any third party, either prior to any procedure or during any procedure.

Multilingual Domain Name Pre-Registration Agreement
For Multi-lingual Domain Name Pre-Registration ended in .com, .net, and .org.

1. Pre-Registration introduction and Important notification

The Pre-Registration stated in this agreement is referring to the process that before VeriSign GRS formally opens its Multilingual domain name database, applicant registers their desired Multilingual domain name information in Netdorm database in advance, and Netdorm, Inc. will accept the pre-registration on ¡°first come, first serve¡± basis. The purpose of Pre-Registration is, when VeriSign GRS formally opens its Multilingual domain name database,Netdorm, Inc.will provide the domain name registration service immediately, that is to say upload the pre-registered and collected domain names information to VeriSign GRS international domain name database for official registration.

VeriSign GRS (formerly as NSIRegistry) is the sponsor and technology constitutor of Multilingual Domain Name Registration, meanwhile as the supervisor of International Domain Name Database ended in .com, .net, and .org.. The Multilingual Domain Name Registration and Encoding Technology constituted by NSI represents the mainstream of Multilingual Domain Name solution, also is the best choice of international standard. But at present this technology is still in testbed phase, not finalized by IEFT (Internet Engineering Task Force).Netdorm, Inc.hereby asks everybody¡¯s attention, Modified standards will lead to the domain names already in the VeriSign Registration Database to become invalid and be deleted. (For example: Changes to the proposed standards during the testbed may result in some multilingual domain names becoming invalid because they contain illegal characters or characters which may no longer exist). Besides for those Multilingual domain name encoding that map to different code points in Unicode, separate registrations will be required to obtain a name in Multilingual domain name. Resolution of Multilingual domain names will not be immediately available. Multilingual domain name resolution will be implemented during later testbed phases.

Applicant understands all the above-mentioned situation, and acknowledges that Netdorm, Inc.( Xiamen Mastek Industrial Co., Ltd. Hereafter shortened as Netdorm, Inc.) is an ICANN-Accredited Registrar for International Top Level Domain Name ended in .com, .net, and .org, is now operating on Multilingual Domain Name Registration with Verisign GRS authorization, and will solve the above-mentioned situation according to Verisign GRS and ICANN solution constituted on the occasions.

2. Obligations and commitments of applicant.

The applicants who accept the pre-registration service provided by Netdorm, Inc. should strictly be bound by this agreement, and strictly bound by the Netdorm¡¯s Domain Name Registration Agreement and Domain Name Dispute Policy and other related rules during the process of domain name registration after pre-registration. Any claims, suits or requests with the third party resulted from the applicant¡¯s violation of the above agreements and rules have nothing to do with Netdorm Inc.

3.Selection of a domain name

We only provide the service of domain name registration. We do not check to see whether the domain name you select infringes legal rights of others or violates the obligations of laws. But we oppose malicious domain squatting. We urge you to avoid selecting domains similar with famous trademarks or service signals owned by other people. If you register domain names similar with others trademarks especially famous trademarks and service trademarks and we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.

4.Registration application and Deposit

If you want to accept our service of pre-registration, you should fill out the forms and submit the complete information of domain registration and other related information online. And at the same time you should pay US$19.00 per domain per year to us as a pre-registration deposit to guarantee the process of pre-registration. You should keep the information true and accurate, and inform us when there are changes of contact information or correction of the related information online. If there is any loss caused by failure of pre-registration because of the incomplete, inaccurate, or untrue information provided by you or the delay of notice to us your change of contact information or no payment of deposit, it is up to you who should be responsible for it.

If the pre-registered domain names are not successfully registered in Verisign GRS finally, we will refund all of your payment.

5.Indemnification

You agree to defend, indemnify and hold harmless Netdorm, Inc and any applicable domain name Registry, including Network Solutions Inc, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

6.NO WARRANTS

Netdorm, Inc. makes no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.

Because of the randomicity of the information input in internet, it is impossible to predict how the system works when several people input the same domain names, we at any time do not warrant the domain names pre-registered will be registered in Verisign GRS successfully either in written or oral form. But through providing pre-registration service we will improve the possibility of your successful registration.

IETF (Internet Engineering Task Force) has not set up a standard for multilingual domain names, so we do no warrant that whether the standard set up by IETF may make the domain names entered to the Verisign GRS database by you ineffective and deleted. (For example, in the testbed the change of proposed standard will make some multilingual domains ineffective because they include some substandard letters or unexisted letters.)

7.Responsibilities and Disclaimer

If you pre-register successfully in our web page but fail to enter the Versign GRS database, we will refund the deposit to you. But this is only responsibility we will take for the direct and indirect loss, you should not let us involved in any claims, lawsuits or request.

If the standard set up by IETF make the domain names you input to Versign GRS database ineffective and deleted, we will deal with it according to the solution set up by Versign GRS and ICANN. If Versign and ICANN have not any related solutions to it, we will refund the deposit of pre-registration and the fees you pay for the registration.

Except for that, we will not be liable for your or others¡¯ loss due to the reasons as follows:

1.)Any loss of pre-registration and registration of a domain name

2.)The use of your domain name

3.) Telecom¡¯s equipment failure or breakdown in the data transmission.

4.)Access delays or access interruptions to Netdorm, Inc¡¯s registration system

5.)The data non-delivery or misdelivery between you and Netdorm, Inc.

6.)Events beyond Netdorm, INC¡¯s reasonable controntl

7.)The processing of this application

8.)The processing of any modification to the record associated with your domain name.

9.)The failure of you or your agent to pay any fees hereunder. Netdorm, Inc and Fujian Industrial Bank will not be liable for the delay or failure of pre-registration which is caused by problem of online payment.( Netdorm,Inc. will not be liable for the delay or failure of pre-registration which is caused by proeblem of online payment)

10.)The application or change of dispute policy.

11.)Force majeure and accident.

If jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law.

8. Incorporation and Modification of the Agreement

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. As soon as the modified agreement or service are published on Netdorm, Inc.website, or be sent to the applicant by E-mail or snail mail. If the applicant does present any objection within five work days after the publishing or sending out, any modification or correction will become effective. The applicant agrees to browse China-Channel¡¯s website regularly, including the update version of this agreement, so as to comprehend the modification and alteration. The applicant will be liable for any lose caused by not browsing our website for updated information. All the regulations in this agreement, including China-Channel¡¯s Fees Standard and Dispute Policy, cannot be modified or altered by the applicant unless with China-Channel¡¯s written consent.

9. Solution of Dispute

Any claims caused by signing, performing, and interpreting of this agreement should be solve by the applicant and Netdorm, Inc. on friendly negotiation basis. If the negotiation fails, the applicant agrees to choose Xiamen Arbitration Committee or the ruled civil court inside Fujian Province as the arbitrator and ruler. The constitution of People¡¯s Republic of China is applying for the solution of any disputes, but not including those regulated in the Dispute Policy.

10. Other Regulations

Any non-stated issue in this agreement will be construed and conducted in accordance with ¡°Domain Name Registration Agreement¡± and ¡°Domain Name Dispute Uniform Resolution Agreement¡±. And this agreement is incorporated with ¡°Domain Name Registration Agreement¡± and ¡°Domain Name Dispute Uniform Resolution Agreement¡±, meanwhile is prior to and substitutes any previous suggestion, agreement, or other negotiation validity, acceptance of this agreement by the applicant is considered as the acceptance of this integration.

The final interpretation rights of this agreement belongs to Netdorm, Inc.

 


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 our website 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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