Dispute Policy

Uniform Domain-Name Dispute-Resolution Policy

                             

Policy approved on August 26, 1999
Implementing documents approved on October 24, 1999

This is a courtesy translation of the Spanish version.
See the document: http://www.icann.org/en/udrp/udrp.htm.

Note: This policy is in force. See http://www.icann.org/udrp/udrp-schedule.htm site for information on the timetable.

1. Objective

The present Uniform Domain-Name Dispute-Resolution Policy (the Policy) has been approved by the 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. The procedure established under paragraph 4 of this Policy will be conducted in accordance with the rules of Uniform Domain-Name Dispute-Resolution Policy (the "Regulation"), available at www.icann.org, and the Supplemental Rules provided by the dispute resolution service selected.

Return to the top of this page.

2. Statements

Through the act of applying to register a domain name or to renew a domain name registration, you declare and warrant to us that a) the statements that you made in your Registration Agreement are complete and accurate; b) to your knowledge and belief, the registration of the domain name will not infringe or otherwise violate the rights of a third party; c) you do not register the domain name for illicit purposes d) not knowingly will use the domain name to break any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates the rights of a third party.

Return to the top of this page.

3. Cancellations, Transfers, and Changes

The registrar will cancel, transfer or otherwise make changes in domain name registrations in the light of the following circumstances:

  1. except as provided in paragraph 8, upon receipt of instructions from you or your authorized agent in written or appropriate electronic means to take such actions;
  2. Upon receipt of an order from a court or arbitral tribunal, in each jurisdiction, requiring the adoption of such measures, and/or
  3. upon receipt of a decision of an administrative group of experts requiring the adoption of such measures in any administrative proceeding in which you are party and which has been conducted under this Policy or a later version of this Policy approved by the ICANN. (See paragraph 4. i) and k)).
Return to the top of this page.

4. Mandatory Administrative Proceeding

This paragraph establishes the type of disputes for which you must submit to a mandatory administrative proceeding. This procedure will be conducted before one of the dispute resolution services listed in www.icann.org (each a "Provider").

  1. Applicable Disputes. You will be 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 Regulations, that:
    1. you own a domain name identical or similar to the point of creating confusion with respect to a trademark or service on which the complainant has rights, and
    2. you have no rights or legitimate interests in the domain name, and
    3. you own a domain name which has been registered and used in bad faith.
    In the administrative proceeding, the complainant must prove each of these three elements are present.
  2. Evidence of Registration and Use in Bad Faith. For the purposes of paragraph 4 a) iii), the following circumstances, among others, shall be evidence of registration and use in bad faith a domain name, if the panel determines that there are present:
    1. Circumstances indicating that you have registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the holder of the trademark or service or to a competitor of that complainant, for valuable consideration in excess of the documented miscellaneous costs directly related to the domain name, or
    2. you have registered the domain name in order to prevent the owner of the trademark or service reflecting the trademark in a corresponding domain name, provided that you have developed a pattern of such conduct, or
    3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or any other online site , creating the possibility of confusion with the complainant's trademark as to the source, sponsorship, affiliation or endorsement of your website or its online or a product or service on your website.
  3. How to demonstrate your rights and legitimate interests in the domain name while responding to a lawsuit. When you receive a complaint, you should refer to Paragraph 5 of the Regulation to determine the manner in which should be prepared your defense. Any of the following circumstances, among others, demonstrate your rights or legitimate interests to the domain name for purposes of paragraph 4 a) ii) in the event the panel of experts considers them to be proven taking into account the assessment of all the evidence presented:
    1. before any notice of the dispute, you have used the domain name, or have made demonstrable preparations to use, or a name corresponding to the domain name in connection with a bona fide offering of goods or services, or
    2. you (as an individual, business or other organization) have been commonly known by the domain name, even if you have acquired no trademark rights to products or services, or
    3. you make a legitimate, noncommercial or fair domain name use, with no intention to divert consumers misleadingly or to tarnish the good name of trademark products or services concerned with profit.
  4. 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).
  5. Initiation of proceedings and process and appointment of administrative panel. The Regulation establishes the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "administrative panel").
  6. Accumulation. 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 request is made ​​to the first administrative panel appointed to hear a 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 approved by ICANN.
  7. Fees. All fees charged by a Provider in connection with any dispute before an administrative panel in accordance with this Policy shall be paid by the complainant, except in cases where you elect to expand the administrative panel from one to three members, as provided in paragraph 5 b) iv) of the Regulations, in which case the fees will be split evenly by you and the complainant.
  8. Involvement of the registrar in administrative procedures. The registrar does not, participate in the administration or conduct any proceeding before an administrative panel. Also, do not have any liability as a result of any decisions rendered by an administrative panel.
  9. Legal remedies. The resources available to a complainant pursuant to any proceeding before an administrative panel shall be limited to requiring the cancellation or transfer of a domain name you own.
  10. Notification and Publication. The Provider shall notify the registrar 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 on the Internet, except when an administrative panel determines in an exceptional case to redact portions of the resolution.
  11. Availability of Court Proceedings. The requirements of paragraph 4 to the mandatory administrative proceeding does not prevent either you or the complainant from submitting the dispute to a competent court to obtain an independent resolution before such proceedings or after its conclusion. If an administrative panel decides that the registration of of a domain name you own must be canceled or transferred, we will wait ten (10) working days (working day means the day observed in the location of principal office address recorder) after being informed by the applicable Provider of the decision of administrative panel before implementing that decision. We will then implement the decision unless we have received from you during that period of ten (10) days, official documents as the copy of a complaint (file-stamped by the clerk of court) indicating that you have commenced a lawsuit proceedings against the complainant in a jurisdiction to which the complainant has submitted under paragraph 3 b) xiii) of the Regulation. (In general, that jurisdiction is either the location of our principal office or the one listed to its name in the database "Whois." See Paragraphs 1 and 3 b) xiii) of the Regulations for details.) If the registrar receives such documentation within ten (10) working days, will not implement the decision of the administrative panel or take any further action until it has received
    1. satisfactory evidence that there has been a settlement between the parties;
    2. satisfactory evidence that your lawsuit has been dismissed or withdrawn or
    3. a copy of an order from such court dismissing your lawsuit or ordering that you have no right to continue using the domain name.
Return to the top of this page.

5. Other Disputes and Litigation

All other disputes between you and any party other than the registrar regarding the registration of a domain name that is not conducted under the provisions of paragraph 4 to the mandatory administrative proceeding will be resolved between you and such party in an action to court, arbitration or other proceeding that may be available.

Return to the top of this page.

6. Involvement of the Registrar in disputes

The registrar will not participate in any way in any dispute between you and any party other than the registrar regarding the registration and use of your domain name. You will not name us as a party or otherwise include it in that procedure. In the event that the registrar is named as a party to this proceeding, we reserve the right to make all defenses deemed appropriate, and take any other action necessary to defend.

Return to the top of this page.

7. Maintenance of status

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.

Return to the top of this page.

8. Transfers during a dispute

  1. 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 initiated in accordance with Paragraph 4 or for a period of fifteen (15) working days (working day means the day observed in the location the principal place of registrar) from the conclusion of such proceedings, or ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom registration is being transferred to accepts, in writing, that the decision of the court or arbitrator is mandatory. The registrar reserves the right to cancel any transfer of registration of a domain name to another owner who violates the provisions of this paragraph.
  2. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding initiated in accordance with paragraph 4) for a period of fifteen (15) working days (working day means the day observed in the location the principal place of registrar) from the conclusion of such proceedings. You may transfer the administration of your domain name record to another registrar during a pending court action or arbitration, if the domain name you have registered with us shall remain subject to the proceedings commenced against you in accordance with the provisions of this Policy. In the event that you transfer a domain name registration during the pendency of a court action or arbitration, such dispute shall remain subject to domain name dispute resolution policy established by the registrar from which the the domain name record was transferred.
Return to the top of this page.

9. Policy changes

The registrar reserves the right to change this Policy at any time with the permission of ICANN. We will post our our revised Policy at www.gt for at least thirty (30) calendar days prior to its entry into force. Unless someone has already made recourse to this policy by submitting a complaint to a Provider, in which case you will apply the version of the Policy in effect at the time it was used until the end of controversy, the changes will be binding on a mandatory basis in any dispute over domain name registrations, regardless of whether the dispute arose before the date of entry into force of changes on that date or thereafter . If you object to a change in this Policy, your sole remedy is to cancel your domain name record, provided you are not entitled to reimbursement of fees paid to us. Also, the revised policy will apply until you cancel your domain name record.

Return to the top of this page.