Domain Dispute Policy

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 Alabanza, Inc. d/b/a BulkRegister.com 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 http://www.bulkregister.com/reviseddisputepolicy.html 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.

BulkRegister.com, Inc. is a trade name of  Alabanza, Inc.

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