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Conditions
for .com .net .org domain names
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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
<URL> 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.
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Conditions
for .tv domain names
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GENERAL
CONDITIONS OF SALE " ADOMAINFREE - GROUPS MULTIMEDIA ELB
" FOR THE RECORDING NAMES OF DOMAINS:
1.
Nature of the service(performance):
1.1
ELB proposes to his(her) customers a service
of
search(research) for on-line anteriority of names of domains,
allowing to a customer to know the recordings of a name
of definite domain, already realized by thirds(third parties);
of on-line recording names of domains for a customer, with
the French or foreign, public or deprived(private) bodies,
authorized to free(deliver) said names of domains.
1.2
The services of multimedia ELB. cover
the
names of international domains, said " level domain Pip(top)
" registered(recorded) under " .com ", " .net ", " .org
", etc.; the names of national domains also said " level
domain Pip(top) " registered(recorded) under " .fr ", ".
Be ", " .uk ", etc.; the names of domains of second level,
said " the level domain Second " registered(recorded) under
them " .tm.fr " (for the registered(recorded) marks(brands)),
" .asso.fr " (for associations), " .qb.ca " (for Quebec),
etc.
1.3
The customer undertakes to acquaint with rules(rulers) of
functioning of the services of multimedia, accessible(approachable)
ELB. on the page of help(assistant) of our site which govern
the practical modalities of recording of the names of domains.
1.4
The tariff conditions of these services represent on the
page rates.
2.
Infrigement of rights of intellectual and industrial property:
The
customer is only responsible for possible infrigements of
rights of intellectual and industrial property of the thirds(third
parties) which could ensue from the recording of a name
of domain through the services of multimedia ELB., and more
particularly from infringements on any pre-existent distinguishing
feature, in particular mark(brand), trademark, registered
company name, signboard(banner), etc. as well as in any
copyright. It is up as a consequence to the customer to
make(do) any search(research) for anteriority of distinguishing
features, and more generally to make sure that this name
of domain does not strike a blow at these rights of intellectual
and industrial property.
3.
The other infrigements of rights of thirds(third parties):
The
customer is only responsible for possible infringements
on the other rights of the third parties and in particular
for infringements on the name and on the attributes of the
personality which could ensue from the recording of a name
of domain through the services of multimedia ELB.. It is
up as a consequence to the customer to carry out any diligence
to make sure that this name of domain does not strike a
blow at these rights of the third parties.
4.
Breach of the peace, in the law and order and in the good
customs:
The
customer is only responsible for possible breaches of the
peace, in the law and order and in the good customs (by
eg name suggestive of an illicit, regulated activity or
against the good customs) which could ensue from the recording
of a name of domain through the services of multimedia ELB..
It is up as a consequence to the customer to make sure that
this name of domain does not carry(wear) breach of the peace,
in the law and order nor in the good customs.
5.
Illicit business of names of domains:
The
customer undertakes not to use the services of multimedia
ELB. in purposes of illicit business of names of domains,
that is deceitful appropriation of such names with the aim
of their resale to the justifiable holder of a distinguishing
feature or a corresponding name. The customer recognizes
that this type of activity is susceptible to establish(constitute)
the malpractices of forgeries(imitations) (sanctioned(punished)
by the article L 716-1 of the Code of the intellectual property)
and of extortion (sanctioned(punished) by the article 312-1
of the New Penal code) and will assume only the consequences
the aforementioned activities on which multimedia ELB. is
not capable technically of practicing some control.
6.
Responsibility of the customer:
-
The customer will be only responsible for activities which
he can exercise on Internet through any accessible(approachable)
Web site under the name of domain registered(recorded) through
the services of multimedia ELB.. The customer will be only
responsible for errors of manipulations engendering erroneous
wording names of domains. The customer obliges to verify,
before his command(order), that the chosen name is not already
reserved. In the eventuality where the name of chosen domain
would have been already taken besides, multimedia ELB. will
suggest to the customer choosing an extension, a different
name or resources on another product of the site adomainfree.
No refund(repayment) can be made. The obtaining of a name
of domain in .fr is subjected to very strict conditions
which the customer undertakes to consult before the booking.
7.
Regulation(payment) of the conflicts of names of domains:
In
case of conflict, contentious or pre-contentious, about
the recording of a name of domain, the customer will be
only responsible for the regulation(payment) of this conflict,
by putting, if he wishes it, in work i) the "administrative"
procedures current within the national and international,
public or private bodies, authorized to free(deliver) said
names of domains (ii) a pre-contentious or contentious regulation(payment)
with the competent national jurisdictions by getting in
touch with any advice(council) of his choice. In no way,
multimedia ELB. will intervene in the regulation(payment)
of such a conflict which is left by the only responsibility
of the customer.
8.
Complaint of the customers of ELB. Multimedia:
The
customer undertakes to send to multimedia ELB. any complaint
concerning the services of this last one, as soon as possible
as from the fulfillment by the customer of acts necessary
for the recording of the name of domain.
9.
Limited responsibility of multimedia ELB.:
Multimedia
ELB. not being capable technically of exercising some control
of the recordings names of domains made by the customer
through his(her) services can not be considered as responsible
for infringements aimed at paragraphs 2 , 3 , 4, 5 and 6
this above. The customer undertakes to guarantee multimedia
ELB. against any complaint, action or claim whatever nature
it is who could be formed as such against him/her. In any
hypothesis, and except heavy fault or dolosive, the responsibility
of multimedia ELB. in conformance with its services can
not exceed(irritate) the amount settled by the customer
as such.
10.
Applicable right / regulation(payment) of the disputes
The
present general conditions are subjected to the French law.
Any dispute concerning the services(performances) of multimedia
ELB. covered by these general conditions will raise(find)
some exclusive competence of the Commercial court of Lyon.
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