Dispute Policy for multilingual domain names (with i-DNS.net)

See also i-DNS.net domain dispute policy

1. Premise

i-DNS.net International Pte Ltd ("i-DNS.net") is the registry for a multilingual Internet domain name system. i-DNS.net registers multilingual Internet domain names ("domain names") on a 'first come, first served' basis. Neither the applicable Registrar nor i-DNS.net has made nor makes any determination as to the proprietary rights to a or any name, or has otherwise evaluated or makes any evaluation whether any registration or use may infringe upon the rights of any third party.

This Domain Name Dispute Policy ("Dispute Policy") does not confer any rights, procedural or substantive, upon third parties and third parties are not obligated to use this Dispute Policy. i-DNS.net is not, by this Dispute Policy, limiting its legal or administrative rights and options in any manner whatsoever.

2. Registrants of a Multilingual Domain Name Registered by I-DNS.net

This Dispute Policy is to be read with the Domain Name Registration Agreement (the "Agreement") which registrants of a multilingual domain name registered with i-DNS.net (the "Registrant") had submitted to its Registrar for onward registration, for use only, by i-DNS.net as registry. The Registrant had agreed to be bound by the terms of the Agreement and the terms of this Dispute Policy.

The Registrant is solely responsible for the domain name selected and registered. In the Agreement, the Registrant had agreed and warranted that to the best of its knowledge and belief the information submitted under the Agreement was true and correct, and that any subsequent changes to such information would be provided to its Registrar in a timely manner according to the procedures in place at that time. The Registrant had further agreed and warranted that to the best of its knowledge and belief use of the domain name they had applied for did not directly or indirectly infringe the rights of third parties. The Registrant had agreed or now hereby agrees that breach of such warranties would constitute a material breach and entitle its Registrar or i-DNS.net to forthwith suspend and/or cancel such domain name registration.

The mere fact that a domain name has been registered does not confer any legal right or defence and does not confer immunity from objection to either the registration or use of the domain name.

3. Additional representations by the Registrant

By applying to register a domain name, or maintaining or renewing a domain name registration, the Registrant further and hereby represents and warrants to i-DNS.net that (a) it is not registering the domain name for an unlawful purpose; and (b) it will not knowingly use the domain name in violation of any applicable laws or regulations. The Registrant hereby acknowledges that it is its own responsibility to determine whether the Registrant's domain name registration infringes or violates someone else's rights.

4. Further Rights of i-DNS.net

The Registrant agrees that i-DNS.net shall have the right in its sole discretion to suspend and/or cancel or otherwise modify a domain name registration upon 30 days prior written notice, or at such time as i-DNS.net receives a properly certified copy of any order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation or modification of the domain name registration.

5. Commencement of Dispute

The Registrant acknowledges that i-DNS.net may from time to time be presented with information alleging that a domain name registered by the Registrant violates the legal rights of a third party (the "Claimant") and in such event, the Registrant agrees that i-DNS.net may in its sole discretion:

(b) enter into an agreement with the Claimant before providing the Claimant with the information mentioned in (a) above without informing the Registrant that this will or has been done.

6. Disputes Recognized by i-DNS.net

i-DNS.net will recognize Claimants and may apply the procedures described in Section 6 when the Claimant presents i-DNS.net with the payment of the requisite fees stipulated in Section 17 of the Dispute Policy and with satisfactory evidence of each of these three elements inclusive:

(b) the Registrant has no rights or legitimate interests in respect of the domain name; and

(c) the Registrant's domain name has been registered and is being used in bad faith.
 
For the purposes of 6(c) above, the following circumstances, without limitation, if found by i-DNS.net to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that the Registrant has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Claimant who is the owner of the trade mark or service mark or to a competitor of the Claimant, for valuable consideration in excess of the Registrant's documented out-of-pocket costs directly related to the domain name; or

(ii) the Registrant has registered the domain name in order to prevent the owner of the trade mark or service mark from reflecting the mark in a corresponding domain name, provided that the Registrant has engaged in a pattern of such conduct; or

(iii) the Registrant has registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, the Registrant has intentionally attempted to attract, for commercial gain, Internet users to the Registrant's web site or other online location, by creating a likelihood of confusion with the Claimant's mark.

Where the Claimant submits such fees and materials in accordance with this Section 6, the Claimant shall be deemed to be bound to the terms of this Dispute Policy (as if it were a party to the same).

7. Dispute Procedures

The Registrant acknowledges and agrees that its co-operation is necessary and that any dispute should be processed expeditiously. As such, the Registrant agrees that upon receipt of i-DNS.net's invitation letter set out in (b) below, it will respond in a manner set out in either (c) to (f) below.

Pursuant to Section 6, i-DNS.net may apply the following procedures, which reflect no opinion or determination on the part of i-DNS.net concerning the dispute:

(a) i-DNS.net will forward the Claimant's evidence submitted under Section 6 to the Registrant.

(b) i-DNS.net will send a letter inviting the Registrant to present i-DNS.net with satisfactory evidence of any of the following circumstances, in particular but without limitation, to demonstrate the Registrant's rights or legitimate interests to the domain name for purposes of Section 6(b):

 

(i) before any notice to the Registrant of the dispute, the Registrant's 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) the Registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if the Registrant has acquired no trade mark or service mark rights; or

(iii) the Registrant is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trade mark or service mark at issue.

(c) where i-DNS.net receives satisfactory evidence from the Registrant of the circumstances set out in Section 7(b) within 30 days of i-DNS.net's invitation letter, i-DNS.net will take no further action on the Claimant's request.

(d) where the Registrant agrees within 30 days of i-DNS.net's invitation letter to relinquish the domain name and/or transfer it to the Claimant, i-DNS.net will provide such assistance as may be necessary. With respect to a transfer, the Claimant will have to submit a Domain Name Registration Agreement and pay the necessary fees before a domain name will be transferred to it. If the Claimant does not submit a Domain Name Registration Agreement, i-DNS.net makes no assurance, warranties or representations that the domain name may not be registered by another party.

(e) where the Registrant requests for the registration of a new domain name by submitting a Domain Name Registration Agreement requesting for the registration of a new domain name within 30 days of i-DNS.net's invitation letter, i-DNS.net will assist the Registrant with the registration of a new domain name. i-DNS.net will allow the Registrant to maintain both names simultaneously for up to 90 calendar days to allow an orderly transition to the new domain name. At the end of the 90 day period of simultaneous use, i-DNS.net will suspend and place the disputed domain name on "hold" status, pending resolution of the dispute. As long as a domain name is on "hold" status, that domain name registered to the Registrant shall not be available for use by any party.

(f) where the Registrant responds to i-DNS.net's invitation letter by filing a civil action against the Claimant and providing a copy of a file-stamped court document initiating such legal action (eg., the complaint or writ of summons and statement of claim), i-DNS.net will abide by the procedures set out in Section 8.

(g) Where the Registrant fails to respond within 30 days of i-DNS.net's invitation letter or fails to respond with either one of 7(c) to (f) above, i-DNS.net will suspend and place the disputed domain name on "hold" status. As long as a domain name is on "hold" status, that domain name registered to the Registrant shall not be available for use by any party. The Registrant's failure to respond accordingly will be deemed to be a breach of the Registrant's obligation to provide correct and updated particulars under the Agreement and the Dispute Policy.

(h) i-DNS.net will reinstate the domain name placed in "hold" status or will not place it in "hold" status as the case may be (i) upon receiving a properly authenticated temporary or final order by a court of competent jurisdiction, or arbitration award, stating which party to the dispute is entitled to the domain name, (ii) if i-DNS.net receives other satisfactory evidence from the parties of the resolution of the dispute, or (iii) the Claimant requests that the domain name not be placed on "hold" status.

(i) The Registrant involved in a dispute remains subject to the terms and conditions of the Agreement, including fees.

i-DNS.net will issue a notice to the Registrant in relation to any breach of this Section 7 and if the Registrant fails to rectify any such breach within the 30 days as provided under the Agreement and Section 15 of the Dispute Policy, i-DNS.net shall accordingly exercise its right to cancel the registration of the domain name.

8. Civil Litigation

i-DNS.net is a registry and has no interest in nor does it wish to be named as a party to any dispute between the Registrant and a Claimant. If the Registrant adopts a course of action consistent with Section 7(f), the Registrant hereby agrees that it will not name its Registrar or i-DNS.net as a party to such civil action. Independent of the foregoing and the provisions of Section 7, in the event that:

(b) the Claimant files a civil action related to the registration and use of the domain name against the Registrant in a court of competent jurisdiction, and provides i-DNS.net with a copy of the file-stamped court document initiating such legal action (eg., the complaint or writ of summons and statement of claim), i-DNS.net will maintain the status quo ante of the domain name record pending a temporary or final decision of the court. For example, if the domain name is not on "hold", it will not be placed on "hold"; if the domain name is already on "hold", it will remain on "hold". i-DNS.net will not make any changes to the domain name record unless ordered by the court.

(c) that Section 8(a) and (b) apply or occur, i-DNS.net will abide by those provisions of temporary or final court orders, or arbitration awards, directing the disposition of the domain name, whether or not it is named as a party to the civil action. The civil action must include the domain name Registrant as a party.

(d) i-DNS.net is named as a party to a civil action, i-DNS.net shall not be limited to the above actions including, but not limited to, suspending the domain name until the conclusion of the legal proceedings, and further reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend itself.

(e) the Registrant is involved in litigation, the Registrant remains subject to the terms and conditions of the Agreement, including fees.

9. Transfers of Domain Names During a Dispute

The Registrant agrees that i-DNS.net may in its absolute discretion refuse any request from the Registrant to transfer the disputed domain name registration to another holder (i) once i-DNS.net receives information alleging that a domain name registered by the Registrant violates the legal rights of a third party pursuant to Section 5; or (ii) once i-DNS.net receives satisfactory evidence from a Claimant of each of the three elements inclusive pursuant to Section 6(a), (b) and (c); or (iii) during a pending court proceeding or arbitration commenced regarding the disputed 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. i-DNS.net reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this Section.

10. Change of Registrars During a Dispute

The Registrant agrees that it may not transfer the disputed domain name registration to another registrar (i) once i-DNS.net receives information alleging that a domain name registered by the Registrant violates the legal rights of a third party pursuant to Section 5; or (ii) once i-DNS.net receives satisfactory evidence from a Claimant of each of the three elements inclusive pursuant to Section 6(a), (b) and (c). The Registrant may transfer the administration of the disputed domain name registration to another registrar during a pending court action or arbitration, provided that the domain name registered shall continue to be subject to the pending court action or arbitration proceedings commenced in accordance with the terms of this Dispute Policy. In the event that the Registrant transfers a domain name registration during the pendency of a court action or arbitration, such dispute shall remain subject to the Agreement and this Dispute Policy.

11. Disclaimer

THE REGISTRANT AGREES THAT i-DNS.net WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF i-DNS.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL i-DNS.net MAXIMUM LIABILITY EXCEED THE AMOUNT PAID BY THE REGISTRANT IN THE FORM OF FEES UNDER THE AGREEMENT.

12. Notices

All correspondence and notices between i-DNS.net and the Registrant permitted or required under this Dispute Policy shall be in writing and shall be delivered by personal delivery, courier delivery, facsimile transmission, and/or by express or first class mail, and shall be deemed given to the Registrant upon delivery, transmission, or seven (7) calendar days after deposit in the mail, whichever occurs first if delivered in accordance with the contact information the Registrant has provided in the Agreement or as may be updated by the Registrant from time to time in accordance with it's Registrar's procedures.

13. Relationship Between the Parties

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

14. Non-Waiver

The waiver by i-DNS.net of a breach of or default in respect of any provision of this Dispute Policy shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of i-DNS.net to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the Registrant.

15. Breach

The Registrant agrees that any breach by the Registrant of any provision of the Agreement or this Dispute Policy, including any representations or warranties made by the Registrant, may be considered by i-DNS.net to be a material breach. Subject to any other express term of the Agreement or this Dispute Policy, i-DNS.net may give a written notice of such breach to the Registrant requiring that if such breach is not rectified within 30 days to the reasonable satisfaction of i-DNS.net, then i-DNS.net may cancel the Registrant's registration of the domain name. Any such breach by the Registrant shall not be deemed to be excused simply because i-DNS.net did not act earlier in response to any breach by the Registrant.

16. Severability

The terms of this Dispute Policy are severable. If any provision of this Dispute Policy shall be found by any court of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Dispute Policy and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Further, i-DNS.net will amend or replace the unenforceable or invalid provision with one that is valid and enforceable and which achieves, to the fullest extent possible, the original objectives and intent of i-DNS.net as reflected in the original provision.

17. Administrative Fees

i-DNS.net's recognition of Claimants pursuant to Section 6 above is conditional on the payment by the Claimant of a non-refundable administrative fee as may be in force and published by i-DNS.net at http://www.i-dns.net/corporate/policies/adminfee.html.

18. English Language Version to Prevail

All notices, communications or documents exchanged under this Dispute Policy or delivered under it shall be in the English language or accompanied by an English translation of it. In the case of conflict, the English language version of any such notice, communication or document shall prevail and be conclusive. This Dispute Policy is made only in the English language. If there is any conflict in meaning between the English language version of this Dispute Policy and any version or translation of this Dispute Policy in any other language, the English language version shall prevail and be conclusive. The Registrant hereby acknowledges and agrees that any translation provided by i-DNS.net is without any obligation or liability and is for convenience only. i-DNS.net makes no warranty or representation relating to such translation whatsoever, including without limitation its accuracy, and Registrant accepts that it is Registrant's responsibility to ensure the accuracy of such translation.

19. Entire Agreement

The Agreement, as may be amended by the applicable Registrar or i-DNS.net, and this Dispute Policy, as may be amended by i-DNS.net, is the complete and exclusive agreement between the Registrant and i-DNS.net. The Agreement and this Dispute Policy supersede all prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, whether established by custom, practice, policy, or precedent. In the event that there is a conflict between the terms of the Agreement and this Dispute Policy, the terms of this Dispute shall prevail.