.com.do Domains Dispute & Policy
Last Update 20 August 2012. The most current .com.do domains dispute policy (currently only in Spanish) can be found at: www.nic.do/descargas/files/PoliticaSolucionControversia.pdf
Dispute Resolution Policy in domain name .DO
1. Objective.
This dispute resolution policy on names domain for. DO (the "Policy") has been approved by the Pontifical Universidad Catolica Madre y Maestra in his capacity as Administrator of Internet Domain Names. DO (NIC DO) (Registry Operator and currently single register), is incorporated by reference in their registration agreement and establishes the terms and conditions regarding with a dispute between the holder of a domain name any party other than our own (NIC DO) on the registration and use of an Internet domain name registered under. DO. The procedure established under paragraph 4 of this Policy be carried out in accordance with Regulation Policy settlement of disputes concerning domain names. DO (the "Rules"), available in (Http://www.nic.do/descargas/files/Reglamento.pdf) and the Regulation Additional service provider's dispute resolution authorized by NIC DO.
This dispute resolution policy on names domain for. DO (the "Policy") has been approved by the Pontifical Universidad Catolica Madre y Maestra in his capacity as Administrator of Internet Domain Names. DO (NIC DO) (Registry Operator and currently single register), is incorporated by reference in their registration agreement and establishes the terms and conditions regarding with a dispute between the holder of a domain name any party other than our own (NIC DO) on the registration and use of an Internet domain name registered under. DO. The procedure established under paragraph 4 of this Policy be carried out in accordance with Regulation Policy settlement of disputes concerning domain names. DO (the "Rules"), available in (Http://www.nic.do/descargas/files/Reglamento.pdf) and the Regulation Additional service provider's dispute resolution authorized by NIC DO.
2. Statements.
By simply applying for registration or renewal of a name domain under the. OJ the applicant ensures:
By simply applying for registration or renewal of a name domain under the. OJ the applicant ensures:
a. That statements made in the Registration Agreement are complete and accurate;
b. Remember that registration of the domain name infringe or violate the rights of third parties;
c. That is not registering the domain name for a purpose illegal, and
d. Will not be used, with knowledge of the applicant, the name of domain to violate any laws or regulations. It applicant's responsibility to determine whether registration of the name domain infringes or violates the rights of others.
3. Of the Cancellations, Transfers and Changes. br />
We will accept cancellations, transfers and any other changes to Domain name registration if:
a. Subject to the provisions in paragraph 8 of this Policy, be received written or electronic form appropriate instructions from the domain holder or a person authorized for such action.
b. It receives an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action, and / or
c. Receipt of the decision of an Administrative Panel requiring such action in any administrative proceeding which the Contractor has been part and which has been conducted under this Policy or any later version of this Policy (see Paragraph 4 i) k)).
4. Mandatory administrative proceeding. br />
This paragraph sets the type of disputes for which the Contractor of a domain name you consent to the settlement policy disputes concerning domain names for. DO and respective regulation to a Service Provider solution disputes authorized by NIC. DO.
a. Applicable Disputes. The Contractor shall submit to a settlement procedure required when a third party disputes (complainant) asserts to the applicable Provider, in compliance with Regulation that:
i. The domain name is identical or confusingly similar to a brand of product or service on the Plaintiff have rights, and
ii. The domain name holder has no rights or legitimate interests in the domain name, and
iii. The domain name has been registered and is being used in bad faith. Plaintiff must prove that they are present each of these three elements.
b. Evidence of Registration or Use in bad faith. For purposes of paragraph 4 (a) (iii), the following circumstances, among others, are evidence of the registration or use of the domain name bad faith.
i. Circumstances indicating that you have registered or purchased the domain name primarily for the purpose of sell, lease, or transfer any registration form domain name to Complainant is the owner of the Product or service mark or to a competitor's registered Complainant for valuable consideration in excess of costs documented out directly related with the domain name, or
ii. It has registered the domain name to prevent the owner of the trademark or service mark of the product reflects the mark in a corresponding domain name, provided when the holder of the domain name has developed a pattern of such conduct, or
iii. It has registered the domain name primarily with the purpose of disrupting the business of a competitor;
iv. If using the domain name has been tried so intentionally attract, for commercial gain, Internet users to your website or anywhere else online, creating the likelihood of confusion with the mark of applicant as to the source, sponsorship, affiliation or Promoting your website or your online site or a product or service on your website or on your site line.
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c. Demonstration of the right and legitimate interest in the name domain in response to a lawsuit. Upon receiving a complaint, the holder of a domain name must refer to Paragraph 5 of the Rules to determine how who shall prepare its defense. Either following circumstances, among others, demonstrate the rights or legitimate interests to the domain name for purposes of 4.a.ii paragraph:
i. Before any notice of the dispute has used the domain name or made preparations demonstrable to its use or a name corresponding to the domain name in connection with a bona fide offering of goods or services, or
ii. If the Contractor (at individual, business or other organization ) Has been commonly known by the domain name, even if you have acquired no trademark rights products or services, or iii. It is a legitimate noncommercial or fair name domain, without intent to divert consumers of misleadingly or to tarnish the good name of the brand products or services concerned with profit.
d. Selection of Provider. The Applicant shall select the Provider from among those authorized by NIC DO, transmitting his Complaint Plaintiff directly to that Provider. The selected Provider administer the proceeding, except in cases of consolidation described in paragraph 4.f.
e. Initiation of Proceeding and Process and Appointment of the group Administrative Panel. The regulation establishes the process for initiating and conducting and a procedure for the appointment of Group Experts to settle the dispute.
f. Consolidation. In the event of multiple disputes between the holder a domain name and the Complainant, both the Contractor's name domain or the complainant may petition to consolidate disputes before a single Administrative Panel. The reference was made to the first Administrative Group Experts appointed to address a dispute between the parties. This Administrative Panel may consolidate before it such disputes in its discretion, provided that the disputes being consolidated are governed by this Policy or a later version of it.
g. Of the fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel of under this Policy shall be paid by the Applicant, except that the holder's name domain elect to expand the Administrative Panel from one to three members, as provided in paragraph 5.b.iv of the regulation, which case the fees will be split equally between the Contractor's domain name and the Complainant.
h. Participation of NIC DO in the Procedures Administration. NIC DO not participate or participate in the administration or conduct of any proceeding before an Administrative Panel. Addition will have no liability as a result of any decisions rendered by the Administrative Group Experts.
i. Of sanctions. The sanctions available to a Complainant under any proceeding before an Administrative Panel be limited to requiring the cancellation of the domain name or transfer of domain name registration to the complainant.
j. Notification and Publication. The supplier shall notify any resolution NIC DO taken by an Administrative Panel with respect to a domain name. All decisions under this Policy will be published in full on the Internet (including on page OJ http://www.nic.do NIC), except when a Administrative Panel determines in an exceptional to redact portions of the resolution.
k. The availability of certain procedures. The requirements of paragraph 4 for the Procedure Mandatory administrative not prevent the Contractor or Applicant submit the dispute to a court of competent jurisdiction order for independent resolution before it starts the procedure or after its conclusion. If a Group Administrative Panel decides that the registration of a name domain should be canceled or transferred, NIC DO will wait ten (10) days business after being informed by the applicable Provider of the resolution of the Administrative Panel before running the resolution, unless NIC DO received during that period ten (10) business days, official documents (such as a copy of a demand, stamped by the clerk of the court) to show that the Licensee has initiated a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under 3.b.xiii paragraph of Regulation, namely the courts of the Dominican Republic (see paragraphs 1 and 3.b.xiii of Regulation), in which case NIC DO not implement the decision of Administrative Panel to take no further action you have received:
i. Satisfactory evidence of the occurrence of a solution between the parties;
ii. Satisfactory evidence that the lawsuit has been rejected or withdrawn, or
iii. a copy of an order from such court that rejecting the lawsuit or ordering that the Contractor has right to continue using the domain name.
5. Of other disputes.
All other disputes between you and third party other than NIC DO for the registration of a domain name not included in under the provisions of paragraph 4 of the procedure Mandatory Administrative be resolved between the parties through common law.
All other disputes between you and third party other than NIC DO for the registration of a domain name not included in under the provisions of paragraph 4 of the procedure Mandatory Administrative be resolved between the parties through common law.
6. Involvement in Disputes
NIC DO. NIC DO not participate in any way in any dispute arise between the holder of a domain name and a third party other than DO NIC as regards the registration and use of a domain name. The holder of a domain name does not appoint as NIC DO party or otherwise include it in that procedure. In case of NIC DO that are named as a party to those proceedings, DO NIC reserves the right to make all defenses deemed appropriate, and take any other action necessary to defense.
NIC DO. NIC DO not participate in any way in any dispute arise between the holder of a domain name and a third party other than DO NIC as regards the registration and use of a domain name. The holder of a domain name does not appoint as NIC DO party or otherwise include it in that procedure. In case of NIC DO that are named as a party to those proceedings, DO NIC reserves the right to make all defenses deemed appropriate, and take any other action necessary to defense.
7. Maintenance of status.
NIC DO not cancel, transfer, activate, deactivate, or change other way the legal status of any domain name registration under this Policy except as provided in paragraph 3.
NIC DO not cancel, transfer, activate, deactivate, or change other way the legal status of any domain name registration under this Policy except as provided in paragraph 3.
8. Of Transfers during a dispute. Transfers of a Domain Name to a new owner.
Licensee shall not assign or transfer your domain name registration to another holder:
Licensee shall not assign or transfer your domain name registration to another holder:
i. During a pending administrative proceeding initiated In accordance with paragraph 4 or for a period of fifteen (15) working days (working day means the day force in the office of NIC DO) from the conclusion of such proceedings;
ii. During a court proceeding or arbitration pending commenced regarding your domain name unless the party to which registration is being transferred domain name agrees, in writing, that the decision of the court or arbitrator is mandatory. DO NIC reserves the right to cancel any transfer of registration of a name domain to another owner who violates the provisions of this paragraph.
9. Modification of the Policy.
DO NIC reserves the right to change at any time this Policy. Any modification to this Policy shall published at least thirty (30) days prior to its entry into force on the NIC website DO http://www.nic.do for the purpose of that anyone interested to contribute their comments to the suggested change. After this time apply the changes and amendments to Political conflicts of domain name registration after the date of the implementation of change.
DO NIC reserves the right to change at any time this Policy. Any modification to this Policy shall published at least thirty (30) days prior to its entry into force on the NIC website DO http://www.nic.do for the purpose of that anyone interested to contribute their comments to the suggested change. After this time apply the changes and amendments to Political conflicts of domain name registration after the date of the implementation of change.
