NAMEBRIGHT.COM REGISTRAR DISPUTE POLICY
This Domain Name Dispute Resolution Policy (the "Policy") 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 NameBright (the registrar) over the registration and use of an Internet domain name registered by you.
Your Representations
By applying to register a domain name, or by asking NameBright to maintain or renew a domain name registration, you hereby represent and warrant to NameBright that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) that to the best of 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 or malicious purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. NameBright does not check to verify that your domain registration is legal. It is your responsibility to determine, whether your domain name registration infringes or violates someone else's rights.
Cancellations, Transfers, and Changes
NameBright will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a.In certain situations, NameBright's receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b.Receipt of an order from a court or arbitral tribunal with proper jurisdiction, ICANN, Verisign, or other appropriate authority, requiring such action;
c.Receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party (as explained in detail below); and/or
d.To comply with the resolution of a dispute concerning your domain name under another registrar's domain name dispute resolution policy that is identical to this policy in all material respects.
NameBright may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement, other legal requirements, or for any reason NameBright deems necessary.
Mandatory Administrative Proceeding
By registering any domain with NameBright.com you submit that such domain name(s) will be participate in the Uniform Domain-Name Dispute-Resolution Policy that is described and mandated by ICANN. This policy and procedure is outlined and explained here: https://www.icann.org/resources/pages/dndr-2012-02-25-en These proceedings will be conducted before one of the administrative dispute resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm ("Providers"). Per ICANN's UDRP policies:
a.Applicable Disputes - You are required to submit to a mandatory UDRP administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with that Provider's rules of procedure, that (i) your domain name is identical or misleadingly 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.
b.Evidence of Registration and Use in Bad Faith - For the purposes of Paragraph 4(a)(iii), the following, in particular but without limitation, shall be evidence of the registration and use of a domain name in bad faith: (i) offer to sell, rent or otherwise transfer 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; or (ii) your attempt to attract, for financial gain, Internet users to your website or other on-line location, by creating confusion with the trademark or service mark of the complainant; or (iii) your registration of a 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 a pattern of such conduct has been established on your part; or (iv) your registration of a domain name in order to disrupt the business of a competitor.
c.Selection of Provider - The Provider who will administer a particular proceeding shall be selected by the complainant.
d.Initiation of Proceeding and Process - Each Provider's rules of procedure state the process for initiating and conducting a proceeding and for selecting the panel that will decide the dispute (the "Administrative Panel"). The rules of procedure for each Provider appear at http://www.icann.org/udrp/approved-providers.htm.
e.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 selected to hear a pending dispute between the parties. This Administrative Panel may consolidate before it all such disputes in its sole discretion, provided that (i) such domain name registrations are governed by a domain name dispute resolution policy identical to this Policy in all material respects; and (ii) all of the disputes are before Providers listed at http://www.icann.org/udrp/approved-providers.htm.
f.Fees - All fees incurred in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid as set forth in the relevant Provider's rules of procedure.
g.NameBright Involvement in Administrative Proceedings - NameBright does not and will not participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, NameBright will not be liable as a result of any decisions rendered by the Administrative Panel.
h.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.
i.Notification and Publication - The Provider shall notify NameBright of any decision made by one of its Administrative Panels with respect to a domain name you have registered with the Registrar. All decisions under this Policy will be published over the Internet, except when an Administrative Panel determines in its sole discretion not to have its decision published.
j.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 cancelled or transferred, NameBright will wait ten (10) business days after being informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. NameBright will then implement the decision unless it has received from you during such ten (10) business day period a copy of a complaint, file-stamped by the clerk of the court, against the complainant regarding your right to use your domain name. If NameBright receives such a complaint, it will not implement the Administrative Panel's decision, and it will take no further action, until (i) NameBright is informed of a resolution between the parties; (ii) NameBright is informed that your lawsuit has been dismissed or withdrawn; or (iii) NameBright receives 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.
All Other Disputes and Litigation
All other disputes between you and any third-party other than NameBright regarding your domain name registration that are not brought under the UDRP Policy shall be resolved between you and such third-party through any court, arbitration or other proceeding that may be available and applicable.
NameBright Involvement in Disputes
NameBright will not participate in any way in any dispute between you and any third-party regarding the registration and use of your domain name(s). You shall not name NameBright as a party or otherwise include NameBright in any such proceeding. In the event that NameBright is named as a party in any such proceeding, NameBright reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend the company.
Maintaining the Status Quo
NameBright will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under the Dispute Policy except as provided above.
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) calendar days 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. NameBright reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this provision.
b.Changing Registrars - You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to the UDRP Policy or for a period of fifteen (15) calendar days 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 (i) the domain name you have registered with NameBright shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy and if permitted by the relevant authority; and (ii) the new registrar has a domain name dispute policy under which it will recognize and implement any decision rendered in any such proceeding. In the event you transfer a domain name registration to NameBright 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.
Policy Modifications
NameBright reserves the right to modify this Policy at any time. All revisions to this Policy will be posted at http://www.namebright.com/disputepolicy.aspx when it becomes effective. Unless this Policy has already been invoked, 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 the change.
Should you object to a change in this Policy, your sole remedy is to cancel your domain name registration or transfer your domain name registration to another registrar, provided that in the event of a transfer, you will not be entitled to a refund of any fees you paid to NameBright. The revised Policy will apply to you until you cancel or transfer your domain name registration.
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Last Revised: July 5, 2018
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