Política Uniforme da Definição
da Disputa dos Nomes de Domínio
Versão em português
Uniform Domain Name Dispute Resolution
Policy
Note: This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.
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 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.
• RegistroCom.Com é um Provedor de Serviços de Registro (Registration
Service Provider) credenciado e autorizado a proceder pesquisas e registros de domínios
.com, .net e .org, junto a internic.net,
em tempo real, destinado ao público brasileiro.