|Why register .tm?|
|Turkmenistan is located in Central Asia and with a total area of 491,210 km2. The population of the country is 6 million, the lowest of the Central Asian republics. The country possesses the world's fourth-largest reserves of natural gas and substantial oil resources.
If you conduct business from within Turkmenistan, it is time to register a .TM domain extension. Registering a dot 'TM' country code extension (top level domain name) will increase credibility for your business across the globe. Why? Country-code domains are meant specifically for businesses that do business within a particular country--in this case, Turkmenistan. The .com domain (and other generic TLDs) are not targeted and that online space is saturated--and you likely already have the .com for your business.
Extend your brand presence with a more relevant, shorter domain--a ccTLD that differentiates you from competitors. Identify yourself as an official Turkmenistan business owner and give your clients and constituents more confidence as they interact with you online. Country code domains also help you rank higher in local search results.
for the .TM Domain and Sub-Domains
The purpose of this document is to describe the rules for the allocation of names within the .TM domain and its sub-domains. NIC.TM is responsible for the day-to-day running of the NIC.
2. PROCESS DETAIL
2.1 The rules given here apply to all requests for names in the .TM domain and all sub-domains of .TM except where differing rules exist for a sub-domain. The rules for a sub-domain shall incorporate all the rules in this document along with such additional rules that are required. Agreement of the Management of NIC.TM shall be required if the rules of a sub-domain are to exclude any of the rules of this document. Their agreement shall not unreasonably be withheld.
2.2 Where a dispute over the interpretation of the rules exists, the Management of NIC.TM shall rule on the interpretation.
2.3 All NEW second and third level domain requests will conform to RFCs 1034, 1035, 1122, 1123 and any subsequent replacements. For designated zones the requests may be handled by a robot. This robot will apply the appropriate RFCs, the rules and a check against the list of existing domain names. It may also check that operating nameservers exist for the request.
2.4 If the rules are changed in the future, some names approved under one set of rules might be rejected under the revised rules. No rule change will ever affect the status of a name which has been approved before the change unless sound technical reasons require this.
3. MANDATORY RULES FOR SECOND LEVEL DOMAINS.
3.1 An applicant may reside in any legal jurisdiction.
3.2 Single or two letter or number domain names are not allowed. Two letter ISO 3166 country codes and Country names are reserved.
3.3 There shall be at least two nameservers for the domain (with addresses specified in the request) operating at the time the request is submitted. There is no requirement for the nameserver to be physically located in the country of Turkmenistan. There is no restriction on the IP address of these nameservers.
4. MANDATORY RULES FOR THIRD LEVEL DOMAINS
4.1 An applicant must be resident in the country of Turkmenistan.
4.2 Two character names within an Third LD are allowed. i.e. 3x.com.TM
4.3 All second level names used by NIC.TM are banned from being used as third level names. e.g. com.com.TM would be banned as it is a second level name.
4.5 All top level domains are banned from being used as third level names. e.g. net.org.TM and org.com.TM are not allowed.
4.6 All One Letter domains (i.e.[a-z].xxx.TM) are reserved to cater for possible future sub-domain usage. The owner shall still maintain it unless they volunteer to relinquish it.
4.7 There shall be at least two nameservers for the domain (with addresses specified in the request) operating at the time the request is submitted. At least one nameserver must be physically located in the country of Turkmenistan. There is no restriction on the IP address of these nameservers.
Once an application has been approved a record will be created in NIC.TM's database where management of the zone is delegated to NIC.TM from which Web or NS records will be generated and loaded into NIC.TM's Register of Domain Names for the zone.
6. APPROPRIATE USE
No .TM domain may be used, directly or indirectly, for any purpose that is sexual or pornographic or that is against the statutory laws of any Nation. In the event of NIC.TM being advised and receiving formal notification (including the indemnification of NIC.TM) by any party that a specific site breaches this condition then NIC.TM reserves the right to immediately deactivate the offending registration. The applicant may seek the reinstatement of any suspended domain name by seeking a determination by an Arbitrator appointed by the World Intellectual Property organisation.
7. UNSOLICITED COMMERCIAL E-MAIL (SPAM) MAIL POLICY
In the event that any .TM domain is used either directly or indirectly for the purpose of directing unsolicited electronic mail ("spam mail") either as the originator of the spam mail or as the address to which readers of spam mail are referred, then nic.TM reserves the right to send a cease and desist letter to the registered Administrative Contact of the specified TM domain name. Should the Administrative Contact of the TM domain name fail to adhere to the conditions contained in the warning letter, then nic.TM reserves the right to suspend the operation of the offending .TM domain name until the necessary assurances are obtained from the Administrative Contact.
TERMS & CONDITIONS
for the Registration of "TM" Domain Names
The agreement between the Applicant and NIC.TM contains the following terms and conditions. By completing and submitting an application to NIC.TM for consideration and acceptance by NIC.TM, the Applicant agrees that he/she has read and agrees to be bound by these terms and conditions 1 through 22 below.
"Registration Agreement" means a completed application form, Terms and Conditions for the Registration of an Internet Domain Name under .TM, Rules for the .TM Domain and Sub-Domains, Domain Name Dispute Resolution Policy for .TM, Rules for Domain Name Dispute Resolution Policy for .TM;
"Applicant" means (i) the person or organization seeking the registration of an .TM Domain Name; (ii) the registered holderkeeper to whom a .TM domain name has been allocated and entered into the Register of .TM Domain Names; or (iii) the registered keeper of the e-mail address of the Administrative Contact; and shall where appropriate include the Applicant's agent.
"NIC.TM" means the organisation and services provided by the TM Domain Registry Limited including any subcontractors directly employed;
"Domain Rules" means the Rules for the .TM Domain and sub-domain which can be found on the World Wide Web at http://www.NIC.TM/rules.html;
"Dispute Resolution Policy" means the Dispute Resolution Policy for Domain Names registered with NIC.TM which can be found on the World Wide Web at http://www.NIC.TM/dres.html ;
"Terms and Conditions" means the Terms and Conditions for Domain Names registered with NIC.TM which can be found on the World Wide Web at http://www.NIC.TM/terms.html;
"Administrative Contact" means the person or organisation responsible for the domain name and to whom all enquiries relating to the registered holder/keeper of the specified Domain Name may be sent;
"Billing Contact" means the person or organisation responsible for paying the fees due to NIC.TM;
"Transferee" means a person or body to whom a Domain Name registered to an Applicant is assigned;
"Registration" means all information supplied by the Applicant and contained within an NIC.TM data record;
"Tradename" means a name used in the course of trade and by way of business;
Subject to clause 11, once payment has been received the Registration Agreement shall be deemed accepted at the offices of NIC.TM.
2 Fees and Payments
2.1 If the Applicant uses an agent for the payment of fees, NIC.TM will first seek payment from the agent; but if the agent does not pay the fees for whatever reason, NIC.TM will have the right to recover the fees from the Applicant. The Applicant agrees to pay the registration fee as specified by the Applicant's agent (where applicable) or as specified in the NIC.TM Price schedule as consideration for the registration of an .TM domain name. Such payment shall validate the Registration Agreement and confirm acceptance by the Applicant of its terms.
2.2 The Applicant agrees that if the Registration Agreement is entered into by an agent for the Applicant, such as an ISP or Administrative Contact/Agent, the Applicant is nonetheless bound as a principal by all terms and conditions herein. Any applicant for a Second Level Domain Name Space (other than for a Reserved Second Level Domain Name Space) shall pay to TM Domain Name Registry Limited the following sums
(a)A non-refundable registration set-up fee (currently US$ 600) upon registration of a domain name.
(b)Annual registration fees (currently US$ 40 per year) payable in advance, for the minimum initial registration period of 10 years, as one lump sum payable at the time of registration.
Within a period of fourteen days from the date of first application for the registration of a domain name, the Applicant shall be entitled to a refund of all monies paid to TM Domain Registry Limited in circumstances in where the Applicant objects to the Terms and Conditions under which .TM Domain Names are made available. Failure to notify TM Domain Registry within the period of fourteen days from the date of application and payment of the registration fees shall be deemed acceptance by the Applicant of the terms and conditions. The registration fees cover each new registration, and include any permitted modification(s) to the domain name's record during the registration period.
2.3 The acceptance of these terms and conditions by any agent for the Applicant (whether by e-mail or other means) shall bind such agent as if he were a principal to the Registration Agreement and the agent by submitting the application confirms that he has notified the Applicant of the Terms and Conditions.
3 Data Protection
The Applicant, the Applicant's agent (if applicable) and the Billing Contact expressly grant their consent (i) for the Register of . TM Domain Names to include their names, and contact details and and other details relating to the Applicant's registration, and (ii). This information (if it refers to individuals) is 'personal data' for the purposes of Data Protection legislation or any legislation replacing or re-enacting the same. NIC.TM shall be permitted by the named Applicant and the Billing Contact and or Applicant's Agent (who shall expressly obtain the consent of individuals whose personal data is to be held on the Register of .TM Domain Names and if such consent is withheld or withdrawn then the agent shall immediately terminate the registration) to allow other organisations and members of the public to access, though WHOIS services, the data for the purpose of obtaining information about the registration of the Domain Name or any other related purpose. If such consent is withheld or withdrawn, NIC.TM has the right to immediately terminate the registration.
4 Accuracy of information
4.1 By submitting its application, the Applicant represents that all information, in particular the Registrant and Administrative Contact information, provided in its application is accurate. Any information (or any modification to registration information) found to be false constitutes a basis for the suspension or cancellation of the Registration.
4.2 The Applicant warrants that any future changes to this information required to maintain its accuracy will be provided to NIC.TM in an expeditious manner according to the domain name modification procedures in place at that time.
4.3 NIC.TM has no obligation to verify the accuracy of any information supplied by the Applicant and may rely on the Applicant's representations in this respect.
4.4 The Applicant represents and warrants that (a) the statements made in its application are complete and accurate; (b) to its knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) Applicant is not registering the domain name for an unlawful purpose; and (d) Applicant will not knowingly use the domain name in violation of any applicable laws or regulations. It is Applicant's responsibility to determine whether a domain name registration infringes or violates someone else's rights.
4.5 The Applicant represents and warrants that it has exercised its best efforts, such as a trademark search, to determine that neither the registration of the Domain Name nor the manner in which it will be directly or indirectly used shall infringe upon or otherwise violate the rights, including trade or service marks, of any third party.
4.6 NIC.TM's remedies against the Applicant for any breach of this clause shall continue to be available notwithstanding any modification, surrender, cancellation or transfer of the registration of the Domain name.
5 Dispute Resolution
5.1 The Applicant agrees that any dispute arising out of or in connection with the registration or use of a domain name shall be subject to the provisions specified in the Dispute Resolution Policy.
5.2 The Applicant agrees that NIC.TM, in its absolute discretion, may change or modify the Dispute Resolution Policy at any time. The Applicant agrees that if he/she objects to any such change or modification, he/she may request to NIC.TM that the domain name registration be cancelled within 30 days of the date on which the change or modification becomes effective. Absent such request, the change or modification will be deemed accepted by the Applicant.
5.3 The Applicant agrees that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective this constitutes his/her continued acceptance of these changes or modifications.
5.4 Unless the 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 until the dispute is resolved, all such changes will be binding upon the Applicant with respect to any domain name dispute, whether the dispute arose before, on or after the effective date of the change.
5.5 NIC.TM will notify by email to the Administrative Contact of the Applicant any modification to the Dispute Resolution Policy and the period of 30 days referred to in clause 5.2 of this agreement shall commence from the time the email is transmitted to the Administrative Contact.
6 Limitation of Liability
6.1 The Applicant agrees that it is technically impracticable to provide services free of faults and NIC.TM does not undertake to do so.
6.2 1The Applicant agrees that NIC.TM shall have no liability to the Applicant for any loss
(i)in connection with NIC.TM's processing of any application for registration
(ii)in connection with NIC.TM's processing of any modification to the domain name record during the period of any registration
(iii)resulting from the refusal of NIC.TM to accept any application for registration (save to refund any fee paid by the Applicant to NIC.TM)
(iv)as the result of any failure on the part of the Applicant's agent to pay either the initial registration fee or any fee payable on renewal of registration
(v)as a result of the application of the Dispute Resolution Policy or the implementation by NIC.TM of any order or decision referred to in article 4 of the Dispute Resolution Policy.
6.3 Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.
Such shall continue in effect after the termination of the Registration Agreement.
6.4 The Applicant agrees that in no circumstances will NIC.TM be liable for any loss of profit loss of business or anticipated savings suffered by the Applicant howsoever incurred.
6.5 The Applicant agrees that NIC.TM will not be liable for any losses caused by loss of registration or loss of use of the Applicant's domain name or for interruption of business or any indirect special incidental or consequential losses of any kind (including lost profits) whether in contract, tort (including negligence) or otherwise, save as provided in clauses 15.3.
7 Non Agency and Non Waiver
Nothing contained within the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between NIC.TM and the Applicant or between the Applicant and any other applicant.
In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under applicable law or be so held by any applicable decision of a Court, such unenforceability or invalidity shall not render the Registration Agreement unenforceable or invalid as a whole. NIC.TM will use its best endeavours within one month of being notified that any such provision is unenforceable or invalid as aforesaid to substitute a valid and enforceable provision which achieves, to the extent possible, the original objectives and intent of NIC.TM as reflected in the original provision.
The Applicant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name by any party.
9.1 The Applicant shall hold NIC.TM and any of its directors, officers, employees, sub-contractors and agents harmless from any claim by a third party arising out of or in connection with
(1)the registration or use of a domain name or
(2)the implementation by NIC.TM of any order or decision issued on the basis of the Dispute Resolution Policy.
Such claims shall include, without limitation, those based upon intellectual property trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Such obligation shall continue in effect after the termination of the Registration Agreement.
9.2 NIC.TM recognizes that certain educational and government entities may not be able to provide indemnification. If the Applicant is (i) a governmental or non-profit educational entity and (ii) not permitted by law or under its organisational documents to provide indemnification, the Applicant must notify NIC.TM in writing before making payment to NIC.TM and, upon receiving appropriate proof of such restriction, NIC.TM will provide an alternative indemnification provision for such an Applicant.
10 Burden to maintain accuracy rests with Applicant
The Applicant acknowledges that NIC.TM does not have the legal obligation to screen information submitted by the Applicant to determine the accuracy of the information held by NIC.TM nor if the information may infringe upon the right(s) of a third party. It is the responsibility of the Applicant to ensure that such information remains accurate.
11 Right of Refusal and Cancellation
11.1 NIC.TM, in its absolute discretion, reserves the right to refuse to approve the Registration Agreement for any Applicant. The Applicant agrees that the submission of an application does not obligate NIC.TM to accept the Registration Agreement. The Applicant agrees that NIC.TM shall not be liable for loss or damages that may result from NIC.TM's refusal to accept the Registration Agreement. If the application is not accepted, NIC.TM will notify the Applicant or the Applicant's agent and return any payments received.
11.2 In the event of a breach by the Applicant of any provision of the Registration Agreement, NIC.TM, in its discretion, shall have the right to cancel the registration, without any refund entitlements for the Applicant and without prejudice to any other remedies to which NIC.TM may be entitled.
12 Rules for the .TM domain
NIC.TM will normally process the applications automatically but reserves the right to consider whether to accept or reject an application in accordance with these terms and conditions including the criteria laid down in NIC.TM's Domain Rules in force at the time of the application for registration, transfer or renewal.
13 Transfer, Modification or Surrender of Domain Name
The Applicant (either directly or via an agent) may transfer, modify or surrender the registration of the Domain Name via the appropriate email form. A domain name registration may be removed by requesting NIC.TM to delete the domain name entry by sending an e-mail from the registered administration e-mail account to which a confirmation e-mail will be sent and from which an acknowledgement must be received by NIC.TM before the requested action will be undertaken. Once the Domain Name and the Applicant's details have been entered in the Register of .TM Domain Names no refund of fees will be payable by NIC.TM (except as provided in clause 15.3 of this agreement). While NIC.TM does not currently do so, NIC.TM reserves the right to charge a fee for all transfers, modifications or deletions subject to providing appropriate notice of any such new fee in accordance with clause 20.2 ..
14 First Come, First Served
NIC.TM is entitled to register Domain Names on a first come, first served basis. Applicants are advised not to take any steps in reliance upon the prospective registration of a Domain Name before it becomes a registration entered in the Register of .TM Domain Names.
15.1 The Applicant may terminate the Agreement by having the registered domain name deleted from the .TM Register of Domain Names.
15.2 Termination of the Agreement shall not determine rights and obligations between the parties which are of a continuing nature nor shall modification, surrender, cancellation or transfer of the Domain Name extinguish any rights which have accrued under the terms of this agreement.
15.3 If for reasons beyond the control of TM Domain Registry, including actions of any person or corporate or government body exercising (or claiming to exercise) any rights to take control of the TM Top Level Domain Name Space (whether such actions are carried out in the name of the government of Turkmenistan or otherwise), the TM Domain Registry is prevented from providing the service under this agreement, TM Domain Registry shall refund to the Applicant who has fully paid the registration fees under clause 2.2 the sum of US$40 for each complete unexpired year of this agreement.
15.4 TM Domain Registry shall not be liable to the Applicant for any damages or consequential loss following the cancellation of the service under this Agreement where such cancellation results from actions of any person or corporate or government body exercising (or claiming to exercise) any rights to take control of the TM Top Level Domain Name Space (whether such actions are carried out in the name of the government of Turkmenistan or otherwise).
16 Intellectual Property rights
NIC.TM does not accept any responsibility for the registration or use of any Domain Name or information generally held on the Register of .TM Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with any other intellectual property rights.
17 Entirety of understanding
The Applicant agrees that the Registration Agreement is the complete and exclusive agreement between the Applicant and NIC.TM regarding the registration of the Applicant's domain name. This Registration Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in the Registration Agreement including Articles 5.2 , 13, 18, and 19 and 20.2 of the Terms and Conditions, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorised representative of the Applicant and NIC.TM.
The Registration Agreement may be assigned by NIC.TM. The Applicant may assign the Registration Agreement subject to any change made pursuant to clause 19 below, and transfer the registration of the Domain Name, by strict adherence to the procedure in force at the time of transfer and payment of the appropriate transfer fee applicable at the time of the transfer. No other method of assignment is permitted.
19 Renewal or Transfer
NIC.TM may vary the terms of the Registration Agreement on renewal or, modification of the of Domain Name registration information contact information held by NIC.TM or transfer of the registration of the Domain Name. All assignments and renewals will be pursuant to the Terms & Conditions current at the time of the transfer or renewal and, in the case of a transfer, as agreed by the Transferor.
20.1 Save as otherwise provided in this Agreement, in this clause any notice to be given under the Registration Agreement shall only be deemed to be served if delivered by hand or sent by pre-paid first class post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. The notice will be effective: if delivered by hand, on delivery; if sent by fax or e-mail, when the sender receives confirmation of receipt; and if sent by post, on the seventh day after posting.
20.2 Any notices to the Applicant concerning a dispute under the provisions of the Dispute Resolution Policy shall be validly delivered if sent by e-mail to the address of the Administrative Contact as specified in the Applicant's registration.
21 Clause headings
Clause headings are for ease of reference and are not part of the Registration Agreement and accordingly shall not affect its interpretation.
22 Jurisdiction and applicable law
The Registration Agreement shall be governed by English Law in every particular including information and interpretation and shall be deemed to have been made in England. Any legal action concerning the Registration Agreement shall be brought exclusively in the courts of England.
DISPUTE RESOLUTION POLICY
for Domain Names registered with NIC.TM
1.1 This policy is between you and any party other than us (NIC.TM) over the registration or use of an Internet domain name registered by you at the second level under the .TM Top Level Domains. Thus, the policy uses "we" and "our" to refer to NIC.TM and it uses "you" and "your" to refer to the Registrant of an Internet Domain Name under .TM.
1. Purpose. This Domain Name Dispute Resolution Policy (the "Policy") has been adopted by NIC.TM and 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 (NIC.TM) over the registration or use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Domain Name Dispute Resolution Policy for .TM (the "Rules of Procedure"), which are available at http://www.NIC.TM/dresRules.html, and the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center?s supplemental rules. http://www.NIC.TM/dresSupRules.html.
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 NIC.TM.
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 the WIPO Arbitration and Mediation Center .
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 WIPO Arbitration and Mediation Center, 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 or 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 or 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 or 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. 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").
e. 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 NIC.TM.
f. Fees. All fees charged by the WIPO Arbitration and Mediation Center 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.
g. 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.
h. 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.
i. Notification and Publication. The WIPO Arbitration and Mediation Center 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 on the web site of the WIPO Arbitration and Mediation Center at http://arbiter.wipo.int/domains/cases/all-cctld.html, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
j. 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 WIPO Arbitration and Mediation Center 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 or 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 of a Domain Name to a New Holder During a Dispute. 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.
9. Policy Modifications. We reserve the right to modify this Policy at any time in accordance with clause 5 of the Terms and Conditions for the registration of .TM Domain Names.