.pg Domains Dispute & Policy
5. Applicant agrees that PNGUT shall have the right to withdraw a Domain Name from use and registration on the Internet upon thirty (30) days prior written notice (or earlierif ordered by the court) should PNGUT receive an order by a court of competent jurisdiction that the Domain Name in dispute rightfully belongs to a third party.
6.
(a)In the event that the Applicant breaches any of its obligations under this Policy Statement, PNGUT may request that Applicant relinquish the Domain Name in a written notice describing the alleged breach. If Applicant fails to provide evidence that it has not breached its obligations which is reasonably satisfactory to PNGUT within thirty (30) days of the date of receipt of such notice, then PNGUT may terminate Applicant’s use and registration of the Domain Name.
If ordered by the court) should PNGUT receive an order by a court of competent jurisdiction that the Domain Name in dispute rightfully belongs to a third party.
(b) Applicant acknowledges and agrees that PNGUT cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Applicant acknowledges that PNGUT may be presented with evidence that a Domain Name registered by Applicant violates the rights of a third party. Such evidence includes, but is not limited to, evidence that the Domain Name is identical to a valid and subsisting registration of a trademark within Papua New Guinea that is in full force and effect and owned by another person or entity. In those instances where the basis of the claim is other than a registered trademark Applicant shall be allowed to continue using the contested Domain Name, unless and until a court order or arbitrator’s judgement to the contrary is received by PNGUT as provided in Paragraph 5.
(c) In those instances when the claim is based upon a trademark:-
(i) Without prejudice to the ultimate determination and with recognition that trademark ownership does not automatically extend ownership to a Domain Name. PNGUT shall request from the Applicant a certified copy of trademark registration owned by the Applicant that is in full force and effect and that is the same as theDomain Name registered to Applicant.
(ii) In the event that Applicant provides evidence of ownership of a trademark as provided in Paragraph 6(b), Applicant shall be allowed, subject to Paragraph 6(c)(iv), to continue using the contested Domain Name, unless and until a court order or arbitrator’s judgment to the contrary is received by PNGUT as provided in Paragraph 6(c)(v). In the event the Applicant fails to provide evidence of a trademark registration to PNGUT within fourteen (14) days of PNGUT’s request, PNGUT will assist cpr144449003101 Applicant with assignment of a new Domain Name, and will allow Applicant to maintain both names simultaneously for up to ninety (90) days to allow an orderly transition to the new Domain Name. At the end of the transition period, PNGUT will 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 Applicant shall not be available for use by any party.
(iii) If Applicant fails to provide evidence of a trademark registration to PNGUT within fourteen (14) days and will neither accept the assignment of a new Domain Name nor relinquish its use of the Domain Name, PNGUT will 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 Applicant shall not be available for use by any party.
(iv) If Applicant provides the evidence described in Paragraph 6(b), and wishes to continue use of the contested Domain Name registered by Applicant, Applicant agrees to indemnify PNGUT on the terms stated in Paragraph 4 from any liability relating to the registration or use of the Domain Name registered by Applicant and lodge a security in an amount sufficient to meet the damages sought, or if no specific amount of damages is sought, in an amount deemed reasonable in PNGUT’s sole discretion within fourteen (14) days of PNGUT’s request. Without such agreement and the lodging of a security, PNGUT may, not withstanding any trademark registration presented to it, place the use of the Domain Name on "Hold" status pending resolution of the dispute.
(v) PNGUT will reinstate the use and registration of a Domain Name placed in "Hold" status when and if it receives an order by a court of competent jurisdiction stating which party to the dispute is entitled to use and register the Domain Name or if PNGUT receives satisfactory evidence of a resolution of the dispute.
7. PNGUT will not be liable for any loss of use, 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 PNGUT has been advised of the possibility of such damages. In no event shall PNGUT maximum liability under the Policy exceed one hundred (K100.00) Kina.
8. Any dispute arising out of this Agreement or, at the request of PNGUT and upon the agreement of the challenging party, a dispute regarding the right to register or use Domain Name shall be resolved by arbitration. A single arbitrator shall be selected jointly by the parties. In the event the parties are unable to agree then the single arbitrator shall be appointed by lawyers as nominated by PNGUT.
