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Uniform Domain Name Dispute Resolution Policy (UDRP)

This Policy applies to domain names registered through Hostonce where the applicable registry rules make the Uniform Domain Name Dispute Resolution Policy, or UDRP, applicable. It is incorporated into the Hostonce Domain Registration Agreement.

1. Purpose and controlling rules

The UDRP provides an administrative process for certain disputes between a domain-name registrant and a third party claiming trademark or service-mark rights. Proceedings are conducted by an ICANN-approved dispute-resolution provider under the official UDRP, the Rules for UDRP and the selected provider's supplemental rules.

Hostonce acts as the domain registration service provider and does not decide the merits of a UDRP complaint. If this summary conflicts with the official ICANN policy or Rules, the official ICANN documents control.

2. Registrant representations

By applying for, maintaining or renewing a domain-name registration through Hostonce, the Registrant represents and warrants that:

  • The information provided in the registration agreement is complete and accurate.
  • To the Registrant's knowledge, registration of the domain name does not infringe or otherwise violate another person's rights.
  • The domain name is not being registered for an unlawful purpose.
  • The domain name will not knowingly be used in violation of applicable law or regulation.

The Registrant is responsible for determining whether the registration or use of a domain name violates another person's rights.

3. Disputes covered by the UDRP

A Registrant must submit to a mandatory administrative proceeding when a Complainant files a complaint with an approved provider and alleges all three of the following:

  • The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.
  • The Registrant has no rights or legitimate interests in the domain name.
  • The domain name was registered and is being used in bad faith.

4. Evidence of bad-faith registration and use

The circumstances below may show bad faith, although a panel may consider other relevant evidence:

  • The domain was registered or acquired mainly to sell, rent or transfer it to the trademark owner or a competitor for more than the Registrant's documented out-of-pocket costs directly related to the domain.
  • The domain was registered to prevent a trademark owner from reflecting the mark in a corresponding domain name as part of a pattern of such conduct.
  • The domain was registered mainly to disrupt a competitor's business.
  • The domain is intentionally used for commercial gain to attract Internet users by creating confusion about the source, sponsorship, affiliation or endorsement of a website, location, product or service.

5. Rights or legitimate interests

A Registrant may demonstrate rights or legitimate interests by evidence such as:

  • Before notice of the dispute, use or demonstrable preparation to use the domain name in connection with a bona fide offering of goods or services.
  • The Registrant has been commonly known by the domain name even without trademark or service-mark rights.
  • Legitimate non-commercial or fair use of the domain without intent for commercial gain, misleading diversion of consumers or tarnishment of the relevant mark.

6. Filing and procedure

A Complainant must file directly with an ICANN-approved dispute-resolution provider and comply with the official Rules and that provider's supplemental rules. The provider manages notices, submissions, appointment of the administrative panel and the decision.

Hostonce will provide registrar verification and take the administrative steps required by the UDRP and Rules. Hostonce may lock the domain to prevent an unauthorized transfer during the proceeding. The parties remain responsible for their own submissions, deadlines, fees and legal advice.

7. Available remedies

The remedies available through a UDRP administrative proceeding are limited to cancellation of the domain-name registration or transfer of the registration to the Complainant. The panel may also reject the complaint. Monetary damages are not awarded under the UDRP.

8. Implementation of a decision

Hostonce will implement a final UDRP decision after receiving proper notice from the approved provider and after the period required by the official Policy and Rules.

If the panel orders cancellation or transfer, Hostonce will normally wait 10 business days after notice of the decision. Hostonce will not implement the decision during that period if the unsuccessful Registrant provides official documentation showing that a court case has been filed against the Complainant in a jurisdiction permitted by the UDRP. Hostonce will then act in accordance with the official Policy after receiving evidence of dismissal, withdrawal, settlement or a qualifying court decision.

9. Court proceedings and other disputes

The UDRP does not prevent either party from submitting the dispute to a court of competent jurisdiction before or after an administrative proceeding.

Hostonce will not cancel, transfer or otherwise change a domain registration merely because a private dispute has been reported. Hostonce may act on a written agreement of the parties, a valid court or arbitral order, a final UDRP decision, or another ground permitted by the registration agreement, registry rules or applicable law.

10. Transfers during a dispute

A Registrant may not transfer the domain to another holder or registrar during a pending UDRP proceeding or for the post-decision period specified by the official Policy. Any permitted transfer remains subject to the panel's decision and applicable registry and registrar requirements.

11. Policy changes

Hostonce may update this Policy when ICANN, a registry or the Hostonce registration process changes. Unless the official ICANN policy requires another date, a revised version becomes binding 30 days after it is posted. A dispute already filed remains governed by the version in effect when it began, unless the official rules provide otherwise.

12. Official references and contact

Authoritative UDRP information, the official Policy, the Rules and the current list of approved providers are available from ICANN at https://www.icann.org/resources/pages/udrp-2012-02-25-en.

Questions about a Hostonce domain or registrar procedure may be sent to [email protected]. Hostonce cannot provide legal advice or file a UDRP complaint for either party.