PROCESS DETAIL
2.1 The rules given here apply to all requests for names in the .BS domain and all sub-domains of .BS 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 BSNIC 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 BSNIC shall rule on the interpretation.

2.3 All NEW second-level domain requests made to BSNIC shall conform to the rules applying at the time of registration.

2.4 All NEW third-level domain requests will conform to RFCs 1034, 1035, 1122, 1123 and any subsequent replacements.

2.5 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 Certain three letter names are reserved, such as com.bs, org.bs, edu.bs, gov.bs, and all three letter country code names listed in ISO-3166.
3.2 All One-letter domains (i.e.[a-z].bs) and two-letter domains are reserved for possible future sub-domain usage.

3.3 There shall be at least two name servers for the domain (with addresses specified in the request) operating at the time the request is submitted. There is no restriction on the IP address of these name servers, but they must be reachable on the Internet at the time of application.

Rules For The .BS Domain And Sub-Domains.
1. PURPOSE

The purpose of this document is to describe the rules for the allocation of names within the .BS domain and its sub-domains. BSNIC is responsible for the administration of the .BS domain.
2. PROCESS DETAIL
2.1 The rules given here apply to all requests for names in the .BS domain and all sub-domains of .BS 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 BSNIC 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 BSNIC shall rule on the interpretation.

2.3 All NEW second-level domain requests made to BSNIC shall conform to the rules applying at the time of registration.

2.4 All NEW third-level domain requests will conform to RFCs 1034, 1035, 1122, 1123 and any subsequent replacements.

2.5 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 Certain three letter names are reserved, such as com.bs, org.bs, edu.bs, gov.bs, and all three letter country code names listed in ISO-3166.
3.2 All One-letter domains (i.e.[a-z].bs) and two-letter domains are reserved for possible future sub-domain usage.

3.3 There shall be at least two name servers for the domain (with addresses specified in the request) operating at the time the request is submitted. There is no restriction on the IP address of these name servers, but they must be reachable on the Internet at the time of application.

4. MANDATORY RULES FOR THIRD-LEVEL DOMAINS
4.1 All One Letter domains (i.e.[a-z].xxx.bs) are reserved to cater for possible future sub-domain usage.
4.2 There shall be at least two name servers for the domain (with addresses specified in the request) operating at the time the request is submitted. There is no restriction on the IP address of these name servers, but they must be reachable on the Internet at the time of application.

4.3 Third-level registrations shall be allowed in the following sub-domains of the .bs domain with the restrictions given:

.COM.BS
.NET.BS
.ORG.BS
.EDU.BS is reserved for Bahamian educational institutions and educational institutions with presence in The Bahamas
.GOV.BS is reserved for Bahamas Government ministries and agencies.

TERMS AND CONDITIONS FOR THE REGISTRATION OF A .BS INTERNET DOMAIN NAME
1. Definitions.

1.1 Administrative Contact means:


The person or organization responsible for a Domain Name and to whom all enquiries relating to the Domain Name may be sent.


1.2 Billing Contact means:


The person or organization responsible for making any payments due under this Registration Agreement to the Registrar.


1.3 Domain Name means:


The domain name assigned by the Registrar to the Registrant.


1.4 Domain Name Application means:


The form published by the Registrar for the purposes of soliciting information from persons or entities seeking to register an Internet domain name, which can be found on the World Wide Web at http://www.nic.bs/cgi-bin/fsub.pl.


1.5 Domain Rules means:


The Registrar’s Rules for the Domain and Sub-Domain and published on the World Wide Web at http://www.nic.bs/rules.html.


1.6 Dispute Policy means:


The Dispute Resolution Policy for Domain Names registered with the Registrar, and published on the World Wide Web at http://www.icann.org/udrp/udrp.htm .


1.7 Registration Agreement shall mean the:


(i)Domain Name Registration Application Form;

(ii)Terms and Conditions for the Registration of a BS Internet Domain Name;

(iii)Registrar’s Rules for the Domain and Sub-Domain; and

(iv)Dispute Resolution Policy for Domain Names registered with the Registrar.


1.8 Registrant means:


(i) the person(s) seeking the registration of a domain name;

(ii) the registered keeper to whom a domain name has been allocated and entered into the Registry; or

(iii) the registered keeper of the e-mail address of the Administrative Contact.


1.9 Registrar means:


The Bahamas Network Information Centre (henceforth referred to as the BSNIC) Management Information Services, The College Of The Bahamas.


1.10 Registration means:


All information supplied by the Registrant and contained within a Registrar data record.


1.11 Registration Fee shall mean:


The fees specified in the schedule annexed hereto or as specified by the Registrant's agent (where applicable) to be paid in connection with an application to register a domain name.


1.12 Registry means:


A database containing the zone file(s) of one or more Internet domain names, including lower-level domain names, corresponding Internet Protocol addresses and related data.


1.13 Registry Administrator means:


The person or entity responsible for administering a Registry.


1.14 Renewal Fee means:


The fee specified in the schedule annexed hereto or as specified by the Registrant’s agent (where applicable) to be paid in connection with the renewal of a domain name registration.


1.15 Terms and Conditions means:


The Registrar's terms and conditions governing the registration and use of a domain name registered with the Registrar and published on the World Wide Web at http://www.nic.bs/agreement.html.


1.16 Tradename means:


A name used in the course of trade and by way of business.


1.17 Transferee means:


A person or body to whom the Domain Name is assigned.


2.Scope

2.1 These Terms and Conditions shall apply to any application to register an Internet domain name with the BSNIC and the subsequent registration and use, direct or indirect, of the Domain Name.

2.2 By completing and submitting a Domain Name Application for consideration and acceptance by the Registrar, the Registrant acknowledges that he has read the Terms and Conditions.

2.3 In the event that a domain name is registered in the Registrar’s domain name database and assigned to the Registrant, the Registrant agrees to be bound by the Terms and Conditions.

3. Fees and Payments.

3.1 As consideration for the registration of the Domain Name with the Registrar, the Registrant agrees to pay the Registration Fee and, when applicable, the Renewal Fee.

3.2 Receipt of the Registration Fee by the Registrar, or the Registrar’s duly appointed agent, shall constitute confirmation of the Registrant’s acceptance of these Terms and Conditions.

3.3 The Registrar shall have no obligation to activate a Domain Name unless and until it has received payment of the Registration Fee or Renewal Fee, as the case may be.

3.4 Except as specified herein, all payments made in connection with the registration of the Domain Name, or the renewal of the Domain Name registration, shall be non-refundable.

3.5 In the case of 3rd-level Domain Names, the Registration fee shall cover a period of of one (1) year for each renewal, and includes any permitted modification(s) to the Domain Name's record during the covered period.At the conclusion of such registration period(s), as the case may be, failure by or on behalf of the Registrant to pay the Renewal Fee within the time specified in a second notice or reminder shall result in cancellation of the Domain Name registration. In the case of 2nd-level Domain Names, the Registration fee shall cover a period of two (2) years for each new registration, and one (1) year for each renewal, and includes any permitted modification(s) to the Domain Name's record during the covered period.

3.6 In the event that the Registrant uses an agent for the purposes of making any required payments, the Registrar shall first seek payment from the agent.In the event that the agent fails to make such payment, for whatever reason, the Registrar shall have the right to recover the payment from the Registrant.

3.7 Payment of the Registration Fee or the Renewal Fee, as the case may be, shall be made to the Registrar within thirty (30) days of the date appearing on the invoice.

3.8 The Registration Fee and the Renewal Fee, as the case may be, shall be paid by such means and methods as may be specified from time to time by the Registrar.

4. Accuracy of Information.

4.1 For the purposes of applying to register the Domain Name, the Registrant shall be required to provide the information requested in the Domain Name Application. The Registrar shall take reasonable precautions to protect all such information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

4.2 By applying to register a Domain Name, the Registrant represents and warrants that, to the best of the Registrant’s knowledge and belief, any information provided in the Domain Name Application is true and correct.

4.3 The Registrant represents and warrants that any future changes to the information provided in the Domain Name Application required to maintain its accuracy shall be provided to the Registrar in an expeditious manner in accordance with the domain name modification procedures in place at that time.

4.4 The Registrar shall have no obligation to screen information submitted by the Registrant to determine the accuracy of the information held by the Registrar nor to determine whether the information may infringe upon the right(s) of a third party, but may rely on the representations and warranties provided by the Registrant. The Registrant agrees that, by the registration of the Domain Name, such registration does not confer immunity from objection to either the registration or use of the Domain Name by any party.

4.5 The Registrar reserves the right to cancel the Domain Name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information the Registrar would likely have considered material to its decision to accept the Domain Name Application and assign the Domain Name to the Registrant.

4.6 A Registrant’s willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to the Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by the Registrar concerning the accuracy of contact details associated with the Domain Name shall constitute a material breach of the Registration Agreement and shall be a basis for cancellation of the registration of the Domain Name.

4.7 The Registrar’s remedies against the Registrant 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.

4.8 The Registrant represents and warrants that it has exercised its best efforts 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 legal rights of any third party.

4.9 The Registrant represents and warrants that, to the best of the Registrant’s knowledge, the registration and use, direct and indirect, of the Domain Name does not violate any applicable laws or regulations.

4.10 In the event the Registrant licenses the use of the Domain Name to a third party, the Registrant shall nonetheless continue to be considered the holder of record of the Domain Name and shall be responsible for:


(i) providing its own full contact information,

(ii) providing full contact information for its licensee, and

(iii) and for providing and updating accurate technical, administrative, and other contact information adequate to facilitate timely resolution of any problems that may arise in connection with the Domain Name.


4.11 The Registrar shall, upon notification by any person of an inaccuracy in the information provided in the Domain Name Application, take reasonable steps to investigate that claimed inaccuracy. In the event the Registrar ascertains that inaccurate information has been provided, it shall take reasonable steps to correct any such inaccuracy.

5.Acceptance.


The Registration Agreement shall be deemed accepted at the offices of the Registrar following the receipt of all payments by the Registrar in accordance with Article 3.


6. Confidentiality.

6.1 By submitting the Domain Name Application and in the event that the Domain Name is registered, the Registrant, the Registrant's agent (where applicable) and the Billing Contact hereby give their consent to the inclusion of their names, contact details and other details relating to the registration of the Domain Name in the Registry.

6.2 The Registrar shall be permitted by the Registrant and the Billing Contact and or the Registrant's agent to allow other organizations and members of the public to access any information provided by the Registrant in connection with the Domain Name for the purpose of obtaining information about the registration of the Domain Name or any other related purpose.

6.3 The Registrant or the Registrant’s agent, as the case may be, shall expressly obtain the consent of third party individuals whose personal data is to be held in the Registry and if such consent is withheld or withdrawn then the agent shall immediately terminate the registration.

7.Domain Name Rules.


The Registrar will process the application and consider whether to accept or reject it in accordance with the terms of the Registration Agreement, which shall include the criteria laid down in the Registrar’s Domain Rules in force at the time of the application for registration, transfer or renewal.


8. First Come, First Served.


The Registrar shall register domain names on a first come, first served basis.The Registrant agrees 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 Domain Names.


9. Right of Refusal.

9.1 The Registrar, in its sole and absolute discretion, reserves the right to refuse to register a domain name.

9.2 The Registrant agrees that the submission of an application to register a domain name does not in any way obligate the Registrar.

9.3 The Registrant agrees that the Registrar shall not be liable for loss or damages that may result from the Registrar's refusal to accept an application by the Registrant to register a domain name.

9.4 In the event an application is not accepted, the Registrar undertakes to notify promptly the Registrant or the Registrant's agent and return any payments received.

10.Dispute Policy.


In the event that the Domain Name is registered, the Registrant agrees to be bound by the Dispute Policy that is incorporated herein by reference and made a part hereof.


11.Third-Party Complaints.


The Registrant agrees that any dispute arising out of or in connection with the use of the Domain Name or any other listing information shall be subject to the provisions specified in the Dispute Policy.



-or-



The Registrant agrees that, if any third party challenges the registration of the Domain Name, the Registrant shall be subject to the provisions specified in the Dispute Policy.


12.Agents.

12.1 Registrant agrees that if an agent for the Registrant, such as an ISP or Administrative Contact/Agent, completes this Registration Agreement the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Resolution Policy.

12.2 The acceptance of these terms and conditions by any agent for the Registrant (whether by e-mail or other means) shall bind such agent as if he were a principal to the Registration Agreement.

13.Breach.


The Registrant agrees that failure to abide by any provision of this Registration Agreement or the Dispute Policy may be considered by the Registrar to be a material breach and that the Registrar may provide a written notice, describing the breach, to the Registrant.If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar that it has not breached its obligations, then the Registrar may delete Registrant’s registration of the Domain Name.Any such breach by a Registrant shall not be deemed to be excused simply because the Registrar did not act earlier in response to that, or any other, breach by the Registrant.


14.Cancellations, Transfers, and Changes.

14.1 The Registrar reserves the right to cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:


(i)The Registrar’s receipt of written or appropriate electronic instructions from the Registrant or the Registrant’s agent to take such action;

(ii)The Registrar’s receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;

(iii) The Registrar’s receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which the Registrant was a party pursuant to the Dispute Policy; and/or

(iv)To comply with the resolution of a dispute concerning a domain name registered by the Registrant under another registrar's domain name dispute resolution policy that is identical to the Dispute Policy in all material respects.


14.2 In the event of a material breach by the Registrant of any provision of the Registration Agreement, the Registrar, in its sole and absolute discretion, shall have the right to cancel the Domain Name registration, without any refund entitlements for the Registrant and without prejudice to any other remedies to which the Registrar may be entitled.

14.3 The Registrar also reserves the right to cancel, transfer or otherwise make changes to the Domain Name registration in accordance with other legal requirements.

15.Limitation of Liability.

15.1 The Registrant agrees that the Registrar shall have no liability to the Registrant for any loss or damages:


(i) in connection with the Registrar's processing of the Domain Name Application; or

(ii) in connection with the Registrar’s processing of any authorized modification to the Domain Name record during the period of any registration; or

(iii) resulting from the refusal of the Registrar to accept any application for registration (save to refund any fee paid by the Registrant to the Registrar); or

(iv) as the result of any failure on the part of the Registrant's agent to pay either the Registration Fee or the Renewal Fee; or

(v) as a result of the application of the Dispute Policy.


15.2 The Registrant agrees that in no circumstances shall the Registrar be liable for any loss of profit, loss of business or anticipated savings suffered by the Registrant howsoever incurred.

15.3 The Registrant agrees that the Registrar shall not be liable for any loss of registration or loss of use of the 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.

15.4 Without prejudice to the foregoing the Registrant agrees that any liability of the Registrar to the Registrant shall not exceed 10% of the Registration or Renewal Fees paid by the Registrant to the Registrar for the current period of registration.


-or-


The Registrant agrees that in no event shall the maximum liability of the Registrar to the Registrant for any matter exceed $100US.

15.5 The Registrant agrees that it is technically impracticable to provide services free of faults and the Registrar does not undertake to do so.

16. Indemnity.

16.1 The Registrant shall hold the Registrar and any of its directors, officers, employees and agents harmless from any claim by a third party arising out of or in connection with:


(i) the registration or use of a domain name or any other listing information, or

(ii) the implementation by the Registrar of any order or decision referred to in Article(s) of the Dispute 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 this Registration Agreement.


16.2 The Registrar recognizes that certain educational and government entities may not be able to provide indemnification. If the Registrant is


(i) a governmental or non-profit educational entity and

(ii) not permitted by law or under its organizational documents to provide indemnification, the Registrant must notify the Registrar in writing before making payment to the Registrar and, upon receiving appropriate proof of such restriction, the Registrar shall endeavor to provide an alternative indemnification provision for such Registrant.


16.3 The Registrant agrees to indemnify, defend and hold harmless the Registry Administrator, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the registration of the Domain Name.

17. Intellectual Property Rights.


The Registrar does not accept any responsibility for the use of the Domain Name or information generally held in the Registry and, in particular, for any conflict with trademarks, registered or unregistered, or with any other intellectual property rights


18. Modification or Surrender of Domain Name.


The Registrant (either directly or via an agent) may modify or surrender the registration of the Domain Name in accordance with the procedures put in place by the Registrar for such purposes.


19. Termination.

19.1 The Registrant may terminate this Registration Agreement before its expiration by requesting the Registrar to delete the Domain Name from the Registry in accordance with the procedures established by the Registrar for such purposes.

19.2 The Registrar may terminate this Registration Agreement before its expiration in the event that the Registrar determines, in its sole discretion, that there was a material misrepresentation, material inaccuracy or materially misleading statement in the information provided in the Domain Name Application or in any subsequent modification thereof.

19.3 Termination of the Registration Agreement shall not determine rights and obligations between the parties that are of a continuing nature nor shall modification, surrender, cancellation or transfer of the Domain Name extinguish any rights that have accrued under the terms of the Registration Agreement.

20. Assignment.


The Registrar may assign the Registration Agreement. The Registrant may assign the Registration Agreement subject to any change made pursuant to Article(s) 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.


21. Renewal or Transfer.


The Registrar may vary the terms and conditions of the Registration Agreement on renewal or transfer of the registration of the Domain Name. All assignments and renewals shall 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.


22.Governing Law.


This Registration Agreement shall be governed in all respects by and construed in accordance with the laws of The Bahamas.


23.Jurisdiction.


For the adjudication of disputes concerning or arising out of the registration and use of the Domain Name, the Registrant consents to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of the Registrant’s domicile, and (2) where the Registrar is located.


24.Disputes between Registrar and Registrant.


Any dispute, controversy or claim arising under, out of or relating to the Registration Agreement and any subsequent amendments of this Registration Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The language to be used in the arbitration proceedings shall be the language of the Registration Agreement.


25. Notice.

25.1 Except as otherwise provided 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 fourth day after posting.

25.2 Any notices to the Registrant concerning a dispute under the provisions of the Dispute Policy shall be validly delivered if sent by e-mail to the address of the Administrative Contact as specified in the Domain Name Application.

26. Non-Agency.


Nothing contained in the Registration Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between the Registrar and the Registrant or between the Registrant and a third party.


27. Severability.


In the event that any provision of the Registration Agreement shall be found to be unenforceable or invalid under the applicable law or be so held by any applicable decision of a Court, the remaining provisions shall not be affected and shall continue to be binding. The Registrar shall use its best endeavors within one (1) 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 the Registrar as reflected in the original provision.


28. Clause Headings.


Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its interpretation.


29. Entirety of Understanding.


The Registrant agrees that this Registration Agreement is the complete and exclusive agreement between the Registrant and the Registrar regarding the registration of the Domain Name. This Registration Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent. Except where provided otherwise in this Registration Agreement, no variation may be made to the Registration Agreement unless such is in writing and signed by a duly authorized representative of the Registrant and the Registrar.



END OF DOCUMENT.

Uniform Domain Name
Dispute Resolution Policy

Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999
Notes:

1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.

2. This policy has been adopted by all accredited domain-name registrars for domain names ending in .com, .net, and .org. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).

3. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain-name holder.
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 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.