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Domain Name Dispute Resolution Policy

Updated on: July 13, 2024

Jehmuel James

President & CEO

Purpose

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) is established by the Internet Corporation for Assigned Names and Numbers (“ICANN”), incorporated into your Registration Agreement, governing disputes between you and any party other than us (the registrar) regarding the registration and usage of an Internet domain name registered by you. Disputes under Paragraph 4 of this Policy follow the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), accessible at www.icann.org/udrp/udrp-rules-24oct99.htm, and the supplementary rules of the chosen administrative-dispute-resolution service provider.

Your Assertions

By applying to register a domain name, or requesting maintenance or renewal of a domain name registration, you assert to us that: (a) your statements in the Registration Agreement are complete and accurate; (b) to your knowledge, registering the domain name will not infringe or violate third-party rights; (c) the domain name registration is not for unlawful purposes; and (d) you will not knowingly use the domain name in violation of applicable laws or regulations. You are responsible for ensuring that your domain name registration does not infringe on others' rights.

Cancellation, Transfer, and Modifications

We may cancel, transfer, or modify domain name registrations under the following circumstances:

  • Upon receiving written or appropriate electronic instructions from you or your authorized agent, subject to Paragraph 8;
  • Upon receiving a court or arbitral tribunal order for such action, from a competent jurisdiction; and/or
  • Upon receiving an Administrative Panel decision requiring action in an administrative proceeding under this Policy or a later ICANN-adopted version (see Paragraphs 4(i) and (k)).

We may also act in accordance with terms in your Registration Agreement or other legal obligations.

Mandatory Administrative Proceedings

You are required to participate in a mandatory administrative proceeding if a third party (a “complainant”) asserts to the relevant Provider, per the Rules of Procedure, that:

  • Your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
  • You lack rights or legitimate interests in the domain name; and
  • Your domain name was registered and is being used in bad faith.

The complainant must substantiate all three elements in the administrative proceeding.

Evidence of Bad Faith Registration and Use

For Paragraph 4(a)(iii) purposes, circumstances indicating bad faith registration and use of a domain name include, but are not limited to:

  • Registering the domain primarily to sell, rent, or transfer it to the trademark owner or a competitor for a profit exceeding documented costs;
  • Registering to prevent the trademark owner from acquiring a corresponding domain name, especially when part of a repeated practice;
  • Registering to disrupt a competitor’s business operations;
  • Intentionally attracting Internet users for commercial gain by causing confusion with the complainant’s mark regarding source, sponsorship, affiliation, or endorsement.

Demonstrating Rights and Legitimate Interests

Upon receiving a complaint, refer to Paragraph 5 of the Rules of Procedure to prepare your response. You can demonstrate rights or legitimate interests in the domain name if the Panel, based on all presented evidence, finds:

  • Before notice of the dispute, your use or preparations to use the domain name in connection with goods/services;
  • You (as an individual, business, or organization) are commonly known by the domain name, irrespective of owning trademark rights;
  • You are making noncommercial or fair use of the domain name, without intent for commercial gain that misleads consumers or tarnishes the trademark/service mark at issue.

Selecting a Provider

The complainant selects a Provider from those ICANN-approved by submitting the complaint. The chosen Provider manages the proceeding, except in consolidated cases under Paragraph 4(f).

Initiating and Conducting Proceedings, Administrative Panel Appointment

Rules of Procedure outline procedures for starting and conducting proceedings and appointing the Panel to resolve disputes.

Consolidation

In disputes with a complainant, either party may seek consolidation before one Administrative Panel. The Panel may consolidate at its discretion, under this Policy or later ICANN-adopted versions.

Fees

The complainant bears all Provider fees for dispute resolution, except if you opt for a three-panelist Administrative Panel under Paragraph 5(b)(iv) of the Rules, where costs are shared equally.

Our Role in Administrative Proceedings

We do not participate in conducting or administering proceedings before an Administrative Panel, nor are we liable for Panel decisions.

Remedies

Complainants may seek cancellation or transfer of your domain name registration through Administrative Panel decisions.

Notification and Publication

Providers inform us of Administrative Panel decisions regarding your registered domain names. All Policy decisions are fully published online, except when the Panel redacts portions in unique cases.

Availability of Court Proceedings

You or the complainant may take disputes to a competent court, before or after a mandatory administrative proceeding. If an Administrative Panel orders domain name cancellation or transfer, we wait ten (10) business days from receiving the Panel’s decision to implement it. If during this period, you provide official court documentation showing lawsuit filing in a jurisdiction under Paragraph 3(b)(xiii) of the Rules, we suspend action until court resolution.

All Other Disputes and Litigation

Any disputes between you and any party other than us concerning your domain name registration that are not initiated under the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved through any available court, arbitration, or alternative dispute resolution proceeding.

Our Role in Disputes

We do not participate in any disputes between you and any other party regarding the registration and use of your domain name. You agree not to involve us in such proceedings. If we are named as a party, we reserve the right to assert all defenses deemed appropriate and take any necessary actions to protect our interests.

Maintaining the Status Quo

We will not alter the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

Transfers During Disputes

Transfers to a New Holder: You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding under Paragraph 4 or for fifteen (15) business days after its conclusion, or (ii) during a pending court proceeding or arbitration concerning your domain name unless the new holder agrees in writing to be bound by the court's or arbitrator's decision. We reserve the right to cancel any transfer that violates this provision.

Changing Registrars: You may not transfer your domain name registration to another registrar during a pending administrative proceeding under Paragraph 4 or for fifteen (15) business days after its conclusion. You may transfer administration of your domain name to another registrar during a pending court action or arbitration, provided that the domain name remains subject to the ongoing proceedings under this Policy. If you transfer a domain name registration to us during a court action or arbitration, the dispute remains subject to the previous registrar's domain name dispute policy.

Policy Amendments

We reserve the right to modify this Policy with ICANN's permission. Any revisions will be posted at https://www.microfidelity.site/domains-udrp.html at least thirty (30) calendar days before they take effect. If invoked by a complaint submitted to a Provider, the version of the Policy in effect at that time applies until the dispute concludes. Changes are binding on you regarding any domain name registration dispute, regardless of when the dispute arose. If you object to a Policy change, your only recourse is to cancel your domain name registration with us, without entitlement to a refund of any fees paid.

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