1. Pre-Registration Agreement (Proposal 1)



 TELNIC LIMITED (“TELNIC”)

PRE-REGISTRATION AGREEMENT

(PRE-LAUNCH TERMS: PROPOSAL 1)

 

[Rules for Uniform Domain Name Dispute Resolution Policy]

[Uniform Domain Name Dispute Resolution Policy]

 

The following terms and conditions apply to the registration of any .tel domain names by registered trade mark owners (“domain name”) with Telnic during the pre-launch period (as defined below) on the Telnic website at www.telnic.com (the “Website”):

 

1.                  APPLICATION

 

1.1       Any request for a domain name (“application”) shall be made by completing an application form which is available on the Website for a period of two (2) months which shall commence on [            ], or such date as may be solely and exclusively determined by Telnic (the “pre-launch period”). The registrant for the domain name (“registrant”) represents and warrants that all entries on such application form are true, accurate and complete. The registrant agrees and acknowledges that Telnic’s decision in respect of an application is final and binding. 

 

1.2       Any application is made subject to these terms and conditions (“terms”) and shall only be accepted by Telnic if such application is a word mark and is fully and properly registered under internationally accepted trade mark conventions and/or treaties including, without limitation, the Madrid Protocol and/or the Paris Convention and/or the Trips Agreement. 

 

1.3       The registrant hereby agrees to the terms and conditions of  use in respect of the Website from time to time (the “Website Terms and Conditions”) [link] which are incorporated herein.  Telnic reserves the right to amend, from time to time, the provisions of these Website Terms and Conditions without notice.

 

1.4       It is Telnic’s policy to not enter into direct communication with registrants.  Answers to any valid email queries received from registants will be posted on the Website.

 

2.                  VERIFICATION

 

2.1       Upon the expiry of the pre-launch period, applications and trade mark details shall be reviewed and verified by Telnic on the basis of “first come, first served” (“verification”) and, if no prior application has been received for a domain name, Telnic shall, at its sole discretion, subject to the remaining provisions of these terms, cause a successful application to be given first priority to proceed to the quarantine period (“quarantine”) in accordance with clause [3] below. 

 

2.2       In making an application, the registrant shall promptly provide Telnic with (a) the full name of the registrant; (b) the domain name; (c) the registered trade mark (word mark only); (d) the country of registration of the trade mark; (e) the registration number of the trade mark; and (f) the name of the owner of the registered trade mark (collectively referred hereto as the “trade mark details”).

 

2.3       Telnic shall use its reasonable endeavours to verify the trade mark details provided by the registrant in the domain name application, provided that such verification by Telnic shall only go so far as confirmation by Telnic that the trade mark details provided by the registrant are identical to the trade mark details held by the relevant trade marks registries.  On completion of the verification process, all successful applications shall proceed to the quarantine period.

 

2.4                   Telnic shall have the right to reject, cancel or invalidate any domain name application and/or registration which, in its sole discretion, it reasonably considers to be abusive, offensive and/or obscene.  Telnic’s decision in this regard shall be final and binding.

 

2.5       The registrant acknowledges that Telnic’s ability to perform its obligations under this Agreement is dependent upon the registrants full and timely co-operation with Telnic as well as the accuracy and completeness of any information and/or trade mark details provided by the registrant to Telnic. 

 

3.                  QUARANTINE

 

3.1       The registrant acknowledges and agrees that upon the successful verification of the application but before registration, the application shall proceed to quarantine.  The domain name shall remain in quarantine for a period of [90] days during which time Telnic shall further review the application.  The registrant further acknowledges and agrees that Telnic shall have the sole and exclusive right to enable any application to progress through quarantine to registration or to reject, cancel or invalidate such application and prevent the same from proceeding from quarantine to registration.

 

3.2       Telnic reserves the right, in its sole and exclusive discretion to, obtain any further information and/or documentation it requires to satisfy itself that the registrant has full title to the registered trade mark.  The registrant shall use its reasonable endeavours to promptly assist Telnic in obtaining such further information and/or documentation.

 

4.                  LAUNCH

 

4.1       The registrant acknowledges and agrees that any application is made on the strict understanding that Telnic has not yet completed the development of its application software upon which .tel domain names will run.  The registrant accepts without qualification that the completion of such development is a condition precedent which must be fulfilled before any .tel domain name will be available for use on or in connection with the Internet.  Telnic may, from time to time, describe the progress of such development in the news and information section at the Website.

 

4.2       The registrant acknowledges and agrees that Telnic is entitled to accept applications pending Telnic completing the development referred to in clause 4.1 (“launch”).  The registrant shall not request Telnic or any other person or organisation to grant the registrant or any other entity any right(s) in connection with the domain name applied for and/or any other domain name until after launch.  As soon as practicable after launch, Telnic shall notify the registrant in accordance with the provisions of clause [16] hereof and Telnic shall advise the registrant in such notification of any further steps which may need to be taken by the registrant before the domain name may be used on or in connection with the Internet.

 

5.                  GENERIC WORDS AND PHRASES

 

The registrant accepts without qualification that any generic word(s) and/or phrase(s) and/or characters and/or digits [(or parts thereof)] (as determined by Telnic in its sole and exclusive discretion) in any language including, without limitation, such generic word(s) and/or phrase(s) which represent products, services, professions, industries, industry sectors and/or organisation types shall not be available for registration.

 

6.                  WARRANTY

 

In making an application, the registrant represents and warrants to Telnic that the registrant has the right to use that part of the domain name to which the application relates and that if the registrant is to use such domain name after launch such use will not infringe the rights of any third party, wheresoever situated.  Acceptance of a domain name by Telnic shall not be construed as Telnic approving or agreeing that the registrant has any right to register and/or use that name.

 

7.                  THIRD PARTY REGISTRATIONS

 

Where a registrant makes an application on behalf of a third party for a domain name, the registrant must first obtain the written consent of such third party to make the application and a written undertaking from such third party to comply with these terms and the registrant shall, upon request from Telnic promptly provide to Telnic a copy of such consent and undertaking.  Failure by Telnic to request such copies shall not be construed as Telnic approving or agreeing that the registrant and/or such third party has any right to register and/or use and/or be associated in any way with that domain name.  The registrant further undertakes at any time upon request of the third party to de-register promptly such domain name and take all reasonable steps to assist that third party to register it in the third party’s own name.

 

8.                  INDEMNITY

 

By applying to register a domain name, the registrant agrees to indemnify, and to keep Telnic and its directors, officers, employees, agents and sub-contractors fully and effectively indemnified, at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including, without limitation, legal expenses) arising directly or indirectly from the application, domain name registration, the publication and/or use of the domain name and/or any breach by the registrant or its agents or contractors of any of these terms.

 

9.                  INTELLECTUAL PROPERTY RIGHTS

 

The registrant accepts and acknowledges the rights of Telnic to the Telnames and the trade marks stated on the Website from time to time as being owned by Telnic including, without limitation, “Telnic” and “.tel” and will ensure that neither the registrant nor any associate, employee, agent, principal or servant of such registrant shall act in any way or do anything which might reasonably be construed to impugn such rights and/or trade marks and/or otherwise be to the detriment of Telnic and/or the sound and proper running of the Website and/or contrary to its interests in promoting the acceptance and use of .tel domain name.

 

10.              USE OF THE DOMAIN NAME

 

10.1     A domain name shall only be used in conjunction with devices approved by Telnic where no gateways are involved and/or gateways and/or other interfaces between the Internet and the Public Telephony Switched Networks which are approved by Telnic so as to ensure essential maintenance of quality and integrity standards.  Notwithstanding the above, Telnic shall not be responsible for the quality, standards and/or any shortcoming of any gateway, interface Internet Service Provider and/or Internet Telephony Service Provider.

 

10.2     The number of email addresses and sub-domains which may be created for or in conjunction with the domain name shall be in accordance with the principles and policies to be posted by Telnic on the Website from time to time and Telnic shall, in its sole discretion, have due regard to all technological developments and telephone billing systems.  For the avoidance of doubt the registration of a domain name shall not confer any rights for the registrant to receive the benefit of any second - or subsequent - generation domain names offered by Telnic or any other rights including but not limited to voice-over internet protocol (“VOIP”) not expressly conferred by these terms and conditions or specified on the Website.  By applying to register a domain name pursuant to these terms and conditions, the registrant agrees that when it is considering using VOIP services the registrant shall allow Telnic the opportunity to offer to provide such services on an exclusive basis.

 

11.              FEES

 

11.1     The fees for the application of a domain name shall be USD $200 (exclusive of any sales and/or purchase tax (without limitation)) or such amount as specified on the Website from time to time.  Telnic reserves the right to amend its fee structure in its sole discretion including, without limitation, implement fees based on usage of the domain name on the DNS look-up. 

 

11.2     Any and all fees levied by Telnic including, without limitation, fees in respect of a domain name must be paid in full by the registrant by credit card at the time of making the application (“due date”). 

 

11.3     For the avoidance of doubt, prior payment by credit card by the registrant is required by Telnic before any work in connection with the domain name can be carried out. If Telnic shall not have received full payment by the due date, Telnic shall be entitled to not to proceed with the application of the relevant domain name(s) with immediate effect and without notice to the registrant re-issue the domain name onto the public database and thereby offer the said name for registration by another party. 

 

11.4     Subject to the terms and conditions of this Agreement a domain name registration shall continue for a period of one year from the date that the said registration is posted on the Telnic Whois database and the same is available for access by the general public.  The registrant hereby agrees that the terms and conditions of the Registration Agreement [link] which is incorporated herein upon the registration of the domain name. [Following launch the provisions of clause [4] shall apply.]

 

12.              SURRENDER

 

In the event that a domain name is no longer required, the registrant shall notify Telnic by email and any other means set out in clause 16 setting out the required date of termination together with any relevant password or code.  For the avoidance of doubt, the registrant shall not be entitled to a refund in respect of such domain name so surrendered.  Such notice shall not take effect until acknowledged by Telnic.  The provisions of these terms shall continue to apply after termination.

 

13.              ASSIGNMENT

 

The terms are personal to the registrant.  The registrant shall not be entitled to assign a domain name and/or the terms without the prior written consent of Telnic.

 

14.              DATA PROTECTION AND PRIVACY POLICY

 

14.1     By submitting an application, the registrant hereby expressly consents to Telnic using any and all information provided by the registrant, set out in the application or derived from the use of the Website by the registrant for any purpose whatsoever including, without limitation, the marketing of Telnic’s goods and/or services and those of third parties and the registrant hereby expressly consents to Telnic transferring, licensing, selling or otherwise giving a right of use of the information to any third party anywhere in the world including, without limitation, releasing the registrant’s information to third parities who allege that the registration of a domain name by the registrant is an infringement of third party rights or is otherwise unlawful.

 

14.2     Telnic’s data protection and privacy policy is located at [link] and is incorporated herein by reference.

 

15.              NOTICES

 

Any notice, notification or invoice for which provision has been made in these terms shall be deemed to have been correctly given if it is in writing and correctly sets out all relevant passwords and reference codes and is delivered by hand or by ordinary prepaid post or by facsimile transmission or by electronic mail (if for the registrant) for the attention of the registrant to such address, fax number or email address as shall have been indicated by the registrant on the application form or (if for Telnic) to such address, fax number or email address as shall be displayed on the Website.  Such notice shall be deemed to have been received on the next business day after its delivery by hand, facsimile or email or on the seventh day after ordinary posting.

 

16.              DISPUTE RESOLUTION

 

16.1     The registrant agrees, as a condition of submitting its application, and if the application is accepted by Telnic for registration, that the registrant is bound by the Uniform Domain Name Dispute Policy Resolution (the “policy”) and the Rules for Uniform Domain Name Dispute Resolution Policy (the “policy rules”).  The registrant further agrees that the registration of its domain name shall be subject to the policy and any other ICANN policy to correct mistakes in the registration of the domain name and/or for the resolution of disputes concerning the domain name.

 

16.2     Telnic is not obliged to take part in the resolution of any disputes between parties as to the right to register domain names, a list of ICANN approved dispute resolution providers (“provider”) can be found at [link].

 

16.3     The registrant agrees that Telnic, in its sole discretion, may modify the policy.  Any such revised policy will be posted on the Website at least 30 days before it becomes effective.  The registrant further agrees that if it does not agree to any such modifications, the registrant may terminate these terms upon [30] days’ written notice to Telnic.  In the event of such termination of these terms, Telnic shall not refund any fees paid by the registrant.

 

16.4     In the event of a domain name dispute, the registrant agrees that the dispute will be subject to the provisions specified in the policy in effect at the time of the dispute.  The registrant agrees to indemnify and hold Telnic harmless as set forth in clause [ ]. 

 

16.5     If Telnic is notified that a complaint has been filed with a provider, the registrant agrees to not make any changes to the domain name record without Telnic’s prior written approval.  Telnic shall use reasonable endeavours to comply promptly with the order of a provider or such other legal judgment or other legal requirement of any court of competent jurisdiction. 

 

16.6     Without prejudice to the generality of the foregoing, Telnic may, at its sole option, cancel the registration or suspend registration of the domain name if:

 

(a)               ordered to do so by a court of competent jurisdiction;

 

(b)               the use of the domain name is illegal;

 

(c)               there is a breach of these terms and conditions; and/or

 

(d)               the continued use of a domain name could cause technical problems on the Internet.

 

17.              ENFORCEABILITY

 

In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by a decision of any Court of competent jurisdiction, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole.  Telnic will amend or replace such provision with one that is valid and enforceable and which achieves, as far as possible, the original objectives and intent of Telnic as reflected in the original provision.  Such amendments and/or replacements will be deemed to have been included in these terms at the same time as those parts not so held to be invalid and/or unenforceable.

 

18.              WARRANTY

 

Telnic gives no warranty and makes no representation in respect of the domain names applied for and/or registered hereunder including, without limitation, the availability of any domain names or their fitness for purpose and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such domain names. 

 

19.              LIABILITY

 

19.1     Telnic shall not be liable whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the domain names registered hereunder, including without limitation:

 

(a)                loss of revenue; and/or

 

(b)               loss of anticipated savings; and/or

 

(c)                loss of business and/or goods; and/or

 

(d)               loss of goodwill; and/or

 

(e)                loss of use; and/or

 

(f)                 loss and/or corruption of data and/or other information; and/or

 

(g)                downtime; and/or

 

(h)                any damage relating to the procurement of any substitute services.

 

For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 19.1(a) to (h), inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.

 

19.2     In no event shall Telnic’s liability to the registrant, whether in contract, tort, by statute or otherwise exceed 150% of the registration fee for the domain name.

 

19.3     Nothing in these terms shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.

 

20.              INSURANCE

 

Throughout the duration of these terms, Telnic shall maintain general commercial liability insurance with a reputable insurer for a minimum amount of US $500,000 to cover liaiblities arising from Telnic’s business.

 

21.              WAIVER

 

The failure of Telnic to require performance by the registrant and/or the use of a domain name in accordance with any provision hereof shall not affect the right of Telnic to require full performance and/or compliance at any time thereafter; nor shall the waiver by Telnic of any breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

22.              ENTIRE AGREEMENT

 

These terms, as amended from time to time, and the Telnic Disclaimer together constitute the complete and exclusive agreement between Telnic and the registrant in respect of the pre-launch and quarantine periods, and supersede all prior proposals, agreements, or other communications.  The registrant agrees that the submission of an application for the registration of a domain name constitutes an unqualified agreement to be bound by these terms and by the Telnic Disclaimer, all as amended from time to time.  The registrant further agrees and understands that on the completion of the quarantine period the application shall proceed to full registration status and shall the terms and conditions of the Registration Agreement shall apply with full force and effect.

 

23.              JURISDICTION AND GOVERNING LAW

 

These terms shall be governed exclusively in all respects by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.


1. Pre-Registration Agreement (Proposal 2)



TELNIC LIMITED (“TELNIC”)

PRE-REGISTRATION AGREEMENT

(PRE-LAUNCH TERMS: PROPOSAL 2)

 

[Rules for Uniform Domain Name Dispute Resolution Policy]

[Uniform Domain Name Dispute Resolution Policy]

 

The following terms and conditions apply to the registration of any .tel domain names by registered trade mark owners (“domain name”) with Telnic during the pre-launch period (as defined below) on the Telnic website at www.telnic.com (the “Website”):

 

1.                  APPLICATION

 

1.1       Any request for a domain name (“application”) shall be made by completing an application form which is available on the Website for a period of two (2) months which shall commence on [            ], or such date as may be solely and exclusively determined by Telnic (the “pre-launch period”). The registrant for the domain name (“registrant”) represents and warrants that all entries on such application form are true, accurate and complete. The registrant agrees and acknowledges that Telnic’s decision in respect of an application is final and binding. 

 

1.2       Any application is made subject to these terms and conditions (“terms”) and shall only be accepted by Telnic if such application is a word mark and is fully and properly registered under internationally accepted trade mark conventions and/or treaties including, without limitation, the Madrid Protocol and/or the Paris Convention and/or the Trips Agreement. 

 

1.3       The registrant hereby agrees to the terms and conditions of  use in respect of the Website from time to time (the “Website Terms and Conditions”) [link] which are incorporated herein.  Telnic reserves the right to amend, from time to time, the provisions of these Website Terms and Conditions without notice.

 

1.4       It is Telnic’s policy to not enter into direct communication with registrants.  Answers to any valid email queries received from registants will be posted on the Website.

 

2.                  VERIFICATION

 

2.1       In making an application, the registrant shall promptly provide Telnic with (a) the full name of the registrant; (b) the domain name; (c) the registered trade mark (word mark only); (d) the country of registration of the trade mark; (e) the registration number of the trade mark; (f) the name of the owner of the registered trade mark (collectively referred hereto as the “trade mark details”) and (g) a certified copy of his/her/its trade mark registration certificate. The certified copy of the trade mark registration certificate must be received by Telnic before the end of the pre-launch period. 

 

2.2       Upon the expiry of the pre-launch period, Telnic shall review the applications and the  certified copies of the registration certificates on the basis of “first come, first served” (“verification”) and, if the  application details match the details on the certified copy of the registratration certificate and no prior application has been received for a domain name, Telnic shall, at its sole discretion, subject to the remaining provisions of these terms, cause a successful application to be given first priority to proceed to the quarantine period (“quarantine”) in accordance with clause [3] below. 

 

2.3       Telnic shall use its reasonable endeavours to check the application details provided by the registrant in the domain name application against the registration certificates. Telnic reserves the right, at its sole and exclusive discretion, to obtain any further information and/or documentation it requires to satisfy itself that the registrant has full title to the registered trade mark. The registrant shall use its reasonable endeavours to promptly assist Telnic in obtaining such further information and/or documentation. On completion of the verification process, all successful applications shall proceed to the quarantine period.

 

2.4       Telnic shall have the right to reject, cancel or invalidate any domain name application and/or registration which, in its sole discretion, it reasonably considers to be abusive, offensive and/or obscene.  Telnic’s decision in this regard shall be final and binding.

 

2.5                   The registrant acknowledges that Telnic’s ability to perform its obligations under this Agreement is dependent upon the registrants full and timely co-operation with Telnic as well as the accuracy and completeness of any information and/or trade mark details provided by the registrant to Telnic. 

 

3.                  QUARANTINE

 

3.1       The registrant acknowledges and agrees that upon the successful verification of the application but before registration, the application shall proceed to quarantine.  The domain name shall remain in quarantine for a period of [90] days during which time Telnic shall further review the application.  The registrant further acknowledges and agrees that Telnic shall have the sole and exclusive right to enable any application to progress through quarantine to registration or to reject, cancel or invalidate such application and prevent the same from proceeding from quarantine to registration.

 

3.2       Telnic reserves the right, in its sole and exclusive discretion to, obtain any further information and/or documentation it requires to satisfy itself that the registrant has full title to the registered trade mark.  The registrant shall use its reasonable endeavours to promptly assist Telnic in obtaining such further information and/or documentation.

 

4.                  LAUNCH

 

4.1       The registrant acknowledges and agrees that any application is made on the strict understanding that Telnic has not yet completed the development of its application software upon which .tel domain names will run.  The registrant accepts without qualification that the completion of such development is a condition precedent which must be fulfilled before any .tel domain name will be available for use on or in connection with the Internet.  Telnic may, from time to time, describe the progress of such development in the news and information section at the Website.

 

4.2       The registrant acknowledges and agrees that Telnic is entitled to accept applications pending Telnic completing the development referred to in clause 4.1 (“launch”).  The registrant shall not request Telnic or any other person or organisation to grant the registrant or any other entity any right(s) in connection with the domain name applied for and/or any other domain name until after launch.  As soon as practicable after launch, Telnic shall notify the registrant in accordance with the provisions of clause [16] hereof and Telnic shall advise the registrant in such notification of any further steps which may need to be taken by the registrant before the domain name may be used on or in connection with the Internet.

 

5.                  GENERIC WORDS AND PHRASES

 

The registrant accepts without qualification that any generic word(s) and/or phrase(s) and/or characters and/or digits [(or parts thereof)] (as determined by Telnic in its sole and exclusive discretion) in any language including, without limitation, such generic word(s) and/or phrase(s) which represent products, services, professions, industries, industry sectors and/or organisation types shall not be available for registration.

 

6.                  WARRANTY

 

In making an application, the registrant represents and warrants to Telnic that the registrant has the right to use that part of the domain name to which the application relates and that if the registrant is to use such domain name after launch such use will not infringe the rights of any third party, wheresoever situated.  Acceptance of a domain name by Telnic shall not be construed as Telnic approving or agreeing that the registrant has any right to register and/or use that name.

 

7.                  THIRD PARTY REGISTRATIONS

 

Where a registrant makes an application on behalf of a third party for a domain name, the registrant must first obtain the written consent of such third party to make the application and a written undertaking from such third party to comply with these terms and the registrant shall, upon request from Telnic promptly provide to Telnic a copy of such consent and undertaking.  Failure by Telnic to request such copies shall not be construed as Telnic approving or agreeing that the registrant and/or such third party has any right to register and/or use and/or be associated in any way with that domain name.  The registrant further undertakes at any time upon request of the third party to de-register promptly such domain name and take all reasonable steps to assist that third party to register it in the third party’s own name.

 

8.                  INDEMNITY

 

By applying to register a domain name, the registrant agrees to indemnify, and to keep Telnic and its directors, officers, employees, agents and sub-contractors fully and effectively indemnified, at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including, without limitation, legal expenses) arising directly or indirectly from the application, domain name registration, the publication and/or use of the domain name and/or any breach by the registrant or its agents or contractors of any of these terms.

 

9.                  INTELLECTUAL PROPERTY RIGHTS

 

The registrant accepts and acknowledges the rights of Telnic to the Telnames and the trade marks stated on the Website from time to time as being owned by Telnic including, without limitation, “Telnic” and “.tel” and will ensure that neither the registrant nor any associate, employee, agent, principal or servant of such registrant shall act in any way or do anything which might reasonably be construed to impugn such rights and/or trade marks and/or otherwise be to the detriment of Telnic and/or the sound and proper running of the Website and/or contrary to its interests in promoting the acceptance and use of .tel domain name.

 

10.              USE OF THE DOMAIN NAME

 

10.1     A domain name shall only be used in conjunction with devices approved by Telnic where no gateways are involved and/or gateways and/or other interfaces between the Internet and the Public Telephony Switched Networks which are approved by Telnic so as to ensure essential maintenance of quality and integrity standards.  Notwithstanding the above, Telnic shall not be responsible for the quality, standards and/or any shortcoming of any gateway, interface Internet Service Provider and/or Internet Telephony Service Provider.

 

10.2     The number of email addresses and sub-domains which may be created for or in conjunction with the domain name shall be in accordance with the principles and policies to be posted by Telnic on the Website from time to time and Telnic shall, in its sole discretion, have due regard to all technological developments and telephone billing systems.  For the avoidance of doubt the registration of a domain name shall not confer any rights for the registrant to receive the benefit of any second - or subsequent - generation domain names offered by Telnic or any other rights including but not limited to voice-over internet protocol (“VOIP”) not expressly conferred by these terms and conditions or specified on the Website.  By applying to register a domain name pursuant to these terms and conditions, the registrant agrees that when it is considering using VOIP services the registrant shall allow Telnic the opportunity to offer to provide such services on an exclusive basis.

 

11.              FEES

 

11.1     The fees for the application of a domain name shall be USD $200 (exclusive of any sales and/or purchase tax (without limitation)) or such amount as specified on the Website from time to time.  Telnic reserves the right to amend its fee structure in its sole discretion including, without limitation, implement fees based on usage of the domain name on the DNS look-up. 

 

11.2     Any and all fees levied by Telnic including, without limitation, fees in respect of a domain name must be paid in full by the registrant by credit card at the time of making the application (“due date”). 

 

11.3     For the avoidance of doubt, prior payment by credit card by the registrant is required by Telnic before any work in connection with the domain name can be carried out. If Telnic shall not have received full payment by the due date, Telnic shall be entitled to not to proceed with the application of the relevant domain name(s) with immediate effect and without notice to the registrant re-issue the domain name onto the public database and thereby offer the said name for registration by another party. 

 

11.4     Subject to the terms and conditions of this Agreement a domain name registration shall continue for a period of one year from the date that the said registration is posted on the Telnic Whois database and the same is available for access by the general public.  The registrant hereby agrees that the terms and conditions of the Registration Agreement [link] which is incorporated herein upon the registration of the domain name. [Following launch the provisions of clause [4] shall apply.]

 

12.              SURRENDER

 

In the event that a domain name is no longer required, the registrant shall notify Telnic by email and any other means set out in clause 16 setting out the required date of termination together with any relevant password or code.  For the avoidance of doubt, the registrant shall not be entitled to a refund in respect of such domain name so surrendered.  Such notice shall not take effect until acknowledged by Telnic.  The provisions of these terms shall continue to apply after termination.

 

13.              ASSIGNMENT

 

The terms are personal to the registrant.  The registrant shall not be entitled to assign a domain name and/or the terms without the prior written consent of Telnic.

 

14.              DATA PROTECTION AND PRIVACY POLICY

 

14.1     By submitting an application, the registrant hereby expressly consents to Telnic using any and all information provided by the registrant, set out in the application or derived from the use of the Website by the registrant for any purpose whatsoever including, without limitation, the marketing of Telnic’s goods and/or services and those of third parties and the registrant hereby expressly consents to Telnic transferring, licensing, selling or otherwise giving a right of use of the information to any third party anywhere in the world including, without limitation, releasing the registrant’s information to third parities who allege that the registration of a domain name by the registrant is an infringement of third party rights or is otherwise unlawful.

 

14.2     Telnic’s data protection and privacy policy is located at [link] and is incorporated herein by reference. [need to ensure there is no conflict between clause 14 and the policy].

 

15.              NOTICES

 

Any notice, notification or invoice for which provision has been made in these terms shall be deemed to have been correctly given if it is in writing and correctly sets out all relevant passwords and reference codes and is delivered by hand or by ordinary prepaid post or by facsimile transmission or by electronic mail (if for the registrant) for the attention of the registrant to such address, fax number or email address as shall have been indicated by the registrant on the application form or (if for Telnic) to such address, fax number or email address as shall be displayed on the Website.  Such notice shall be deemed to have been received on the next business day after its delivery by hand, facsimile or email or on the seventh day after ordinary posting.

 

16.              DISPUTE RESOLUTION

 

16.1     The registrant agrees, as a condition of submitting its application, and if the application is accepted by Telnic for registration, that the registrant is bound by the Uniform Domain Name Dispute Policy Resolution (the “policy”) and the Rules for Uniform Domain Name Dispute Resolution Policy (the “policy rules”).  The registrant further agrees that the registration of its domain name shall be subject to the policy and any other ICANN policy to correct mistakes in the registration of the domain name and/or for the resolution of disputes concerning the domain name.

 

16.2     Telnic is not obliged to take part in the resolution of any disputes between parties as to the right to register domain names, a list of ICANN approved dispute resolution providers (“provider”) can be found at [link].

 

16.3     The registrant agrees that Telnic, in its sole discretion, may modify the policy.  Any such revised policy will be posted on the Website at least 30 days before it becomes effective.  The registrant further agrees that if it does not agree to any such modifications, the registrant may terminate these terms upon [30] days’ written notice to Telnic.  In the event of such termination of these terms, Telnic shall not refund any fees paid by the registrant.

 

16.4     In the event of a domain name dispute, the registrant agrees that the dispute will be subject to the provisions specified in the policy in effect at the time of the dispute.  The registrant agrees to indemnify and hold Telnic harmless as set forth in clause [ ]. 

 

16.5     If Telnic is notified that a complaint has been filed with a provider, the registrant agrees to not make any changes to the domain name record without Telnic’s prior written approval.  Telnic shall use reasonable endeavours to comply promptly with the order of a provider or such other legal judgment or other legal requirement of any court of competent jurisdiction. 

 

16.6     Without prejudice to the generality of the foregoing, Telnic may, at its sole option, cancel the registration or suspend registration of the domain name if:

 

(a)               ordered to do so by a court of competent jurisdiction;

 

(b)               the use of the domain name is illegal;

 

(c)               there is a breach of these terms and conditions; and/or

 

(d)               the continued use of a domain name could cause technical problems on the Internet.

 

17.              ENFORCEABILITY

 

In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by a decision of any Court of competent jurisdiction, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole.  Telnic will amend or replace such provision with one that is valid and enforceable and which achieves, as far as possible, the original objectives and intent of Telnic as reflected in the original provision.  Such amendments and/or replacements will be deemed to have been included in these terms at the same time as those parts not so held to be invalid and/or unenforceable.

 

18.              WARRANTY

 

Telnic gives no warranty and makes no representation in respect of the domain names applied for and/or registered hereunder including, without limitation, the availability of any domain names or their fitness for purpose and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such domain names. 

 

19.              LIABILITY

 

19.1     Telnic shall not be liable whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the domain names registered hereunder, including without limitation:

 

(a)                loss of revenue; and/or

 

(b)               loss of anticipated savings; and/or

 

(c)                loss of business and/or goods; and/or

 

(d)               loss of goodwill; and/or

 

(e)                loss of use; and/or

 

(f)                 loss and/or corruption of data and/or other information; and/or

 

(g)                downtime; and/or

 

(h)                any damage relating to the procurement of any substitute services.

 

For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 19.1(a) to (h), inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.

 

19.2     In no event shall Telnic’s liability to the registrant, whether in contract, tort, by statute or otherwise exceed 150% of the registration fee for the domain name.

 

19.3     Nothing in these terms shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.


20.       INSURANCE

 

Throughout the duration of these terms, Telnic shall maintain general commercial liability insurance with a reputable insurer for a minimum amount of US $500,000 to cover liaiblities arising from Telnic’s business.

 

21.       WAIVER

 

The failure of Telnic to require performance by the registrant and/or the use of a domain name in accordance with any provision hereof shall not affect the right of Telnic to require full performance and/or compliance at any time thereafter; nor shall the waiver by Telnic of any breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

22.       ENTIRE AGREEMENT

 

These terms, as amended from time to time, and the Telnic Disclaimer together constitute the complete and exclusive agreement between Telnic and the registrant in respect of the pre-launch and quarantine periods, and supersede all prior proposals, agreements, or other communications.  The registrant agrees that the submission of an application for the registration of a domain name constitutes an unqualified agreement to be bound by these terms and by the Telnic Disclaimer, all as amended from time to time.  The registrant further agrees and understands that on the completion of the quarantine period the application shall proceed to full registration status and shall the terms and conditions of the Registration Agreement shall apply with full force and effect.

 

23.       JURISDICTION AND GOVERNING LAW

 

These terms shall be governed exclusively in all respects by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 


3. Registration Agreement (Post Launch)



TELNIC LIMITED (“TELNIC”)

REGISTRATION AGREEMENT

(POST-LAUNCH TERMS)

 

[Rules for Uniform Domain Name Dispute Resolution Procedure]

[Uniform Domain Name Dispute Resolution Policy]

 

 

The following terms and conditions apply to the registration of any .tel domain names with Telnic (“domain name”):

 

1.                  APPLICATION

 

1.1       Any request for a domain name (“application”) shall be made by completing an application form which is available on the Telnic website at www.telnic.com (the “Website”).  The registrant represents and warrants that all entries on such application form are true, accurate and complete. Applications shall be reviewed on the basis of “first come, first served” and, if no prior application has been received for a particular domain name, Telnic shall, at its sole discretion, subject to the remaining provisions of these terms, cause a successful application to be given first priority. 

 

1.2       The submission of an expression of interest in any domain name shall serve solely as a request to Telnic to notify by email the person submitting the request that a domain name may become or has become available.  Telnic accepts no responsibility for and shall not be liable for any failure to so notify.

 

1.3       Any application is made subject to these terms and conditions (“terms”).  The registrant hereby agrees to the terms and conditions of use in respect of the Website from time to time, at [http://www.telnic-disclaimer.com] (the “Website Terms and Conditions”), which are incorporated herein.  Telnic reserves the right to amend, from time to time, the provisions of these Website Terms and Conditions without notice.

 

1.4       It is Telnic’s policy to not enter into direct communication with registrants.  Answers to any valid email queries received from registrants will be posted on the Website.

 

1.5.      Telnic shall have the right to reject, cancel or invalidate any domain name application and/or registration which, in its sole discretion, it reasonably considers to be abusive, offensive and/or obscene.  Telnic’s decision in this regard shall be final and binding.

 

2.         APPLICATION ON BEHALF OF THIRD PARTY

 

Where a registrant makes an application on behalf of a third party for a domain name, the registrant must first obtain the written consent of such third party to make the application and a written undertaking from such third party to comply with these terms and the registrant shall, upon request from Telnic promptly provide to Telnic a copy of such consent and undertaking.  Failure by Telnic to request such copies shall not be construed as Telnic approving or agreeing that the registrant and/or such third party has any right to register and/or use and/or be associated in any way with that domain name.  The registrant further undertakes at any time upon request of the third party to de-register promptly such domain name and take all reasonable steps to assist that third party to register it in the third party’s own name.

 

3.         TERM

 

3.1

The registrant hereby agrees that the Registration Agreement will remain in full force during the length of the term of the registrant’s domain name registration which may be two, five or ten years and may thereafter be renewed for subsequent periods of two, five or ten years, unless or until terminated earlier in accordance with clause 21 below.

4.         RENEWAL OF DOMAIN NAME REGISTRATION

 

4.1       Telnic shall use reasonable endeavours to send to the registrant a renewal notice at most three months and at least one month prior to the renewal date (i.e. the expiry of the domain name registration).  Telnic gives no undertaking that such renewal notices shall be sent and hereby excludes any and all liability for failing to provide such renewal notices. 

 

 4.2      If the registrant wishes to renew the domain name registration, the registrant shall:

 

(a)        agree that the renewal shall be subject to the then current terms as specified on Telnic’s Website, as amended from time to time; and

(b)        ensure that Telnic shall receive full payment of the fees by the due date (as defined in clause 5 below), even if no invoice or renewal notice has been sent.

 

4.3       Telnic shall be entitled, at its sole and exclusive discretion, to cancel the registration of the relevant domain name(s) with effect from the renewal date without notice to the registrant, re-issue the domain name onto the public database and thereby offer the said domain name for registration by another party. 

 

5.         FEES

 

5.1       The fees [link] for the registration, renewal, and/or transfer of a registration of a domain name shall be those specified on the Website. Telnic reserves the right to amend its fee structure in its sole and exclusive discretion including, without limitation, implement fees based on usage of the domain name on the DNS look-up. 

 

5.2       Any and all fees levied by Telnic including, without limitation, fees in respect of a domain name must be paid within 30 days of the date of invoice or the renewal date, whichever is the sooner (“due date”) and Telnic shall be entitled to send invoices by any of the means set out in clause 15. 

 

5.3       Telnic shall be entitled to demand prior payment before carrying out any work in connection with a domain name. 

 

6.            GENERIC WORDS

 

The registrant accepts without qualification that any generic word(s) and/or phrase(s) and/or characters and/or digits [(or parts thereof)] (as determined by Telnic in its sole and exclusive discretion) in any language including, without limitation, such generic word(s) and/or phrase(s) which represent products, services, professions, industries, industry sectors and/or organisation types shall not be available for registration.

 

7.  REPRESENTATIONS AND WARRANTIES

 

7.1       In making an application, the registrant represents and warrants to Telnic that:

 

            (a)          the registrant has the right to use that part of the domain name to which the application relates and that if the registrant is to use such domain name such use will not infringe the rights of any third party, wheresoever situated, [and that the domain name is not being registered for any unlawful purpose].  ;

 

(b)     that the information (as defined in clause 13 below) the registrant or the registrant’s agent provides to Telnic on the registrant’s behalf, in accordance with clause 13 below, is to the best of the registrant’s knowledge and belief, true, accurate and complete, and that any future changes that information will be provided to Telnic in a timely manner;

 

              (c)      the registrant has all requisite power and authority to execute this Agreement and to perform the obligations hereunder; and

 

              (d)     the registrant is of legal age to enter into this Agreement.

 

8.            INDEMNITY

 

By applying to register a domain name, the registrant hereby agrees to indemnify, and to keep Telnic and its directors, officers, employees, agents and sub-contractors fully and effectively indemnified, at all times against all costs, claims, liabilities, losses, damages, actions and expenses (including, without limitation, legal expenses) arising directly or indirectly from the application, domain name registration, the publication and/or use of the domain name and/or any breach by the registrant or its agents or contractors of any of these terms.

 

9.            INTELLECTUAL PROPERTY RIGHTS

 

The registrant accepts and acknowledges the rights of Telnic to the Telnames and the trade marks stated on the Website from time to time as being owned by Telnic, including, without limitation, “Telnic” and “.tel” and will ensure that neither the registrant nor any associate, employee, agent, principal or servant of such registrant shall act in any way or do anything which might reasonably be construed to impugn such rights and/or trade marks and/or otherwise be to the detriment of Telnic and/or the sound and proper running of the Website and/or contrary to its interests in promoting the acceptance and use of .tel domain name.

 

10.       USE OF THE DOMAIN NAME

 

10.1     A domain name shall only be used in conjunction with devices approved by Telnic where no gateways are involved and/or gateways and/or other interfaces between the Internet and the Public Telephony Switched Networks which are approved by Telnic so as to ensure essential maintenance of quality and integrity standards.  Notwithstanding the above, Telnic shall not be responsible for the quality, standards and/or any shortcoming of any gateway, interface Internet Service Provider and/or Internet Telephony Service Provider.

 

10.2     The number of email addresses and sub-domains which may be created for or in conjunction with the domain name shall be in accordance with the principles and policies to be posted by Telnic on the Website from time to time and Telnic shall, in its sole discretion, have due regard to all technological developments and telephone billing systems.  For the avoidance of doubt the registration of a domain name shall not confer any rights for the registrant to receive the benefit of any second - or subsequent - generation domain names offered by Telnic or any other rights including but not limited to voice–over internet protocol (“VOIP”) not expressly conferred by these terms and conditions or specified on the Website.  By applying to register a domain name pursuant to these terms and conditions, the registrant agrees that when it is considering using VOIP services the registrant shall allow Telnic the opportunity to offer to provide such services on an exclusive basis.

 

11.        SURRENDER

 

In the event that a domain name is no longer required, the registrant shall notify Telnic by email and any other means set out in clause 15 setting out the required date of termination together with any relevant password or code.  For the avoidance of doubt, the registrant shall not be entitled to a refund in respect of such domain name so surrendered.  Such notice shall not take effect until acknowledged by Telnic.  The provisions of these terms shall continue to apply after termination.

 

12.         Transfer of Domain Name

 

12.1     The registrant may transfer the registration of the domain name to a third party of his choice, subject to the procedures and conditions found at [http://www.Tel-Changes.com] and incorporated herein by way of reference.

 

12.2     The registrant agrees that prior to assigning and/or otherwise transferring his registration of the domain name to another person (the “prospective registrant”) the registrant shall require the prospective registrant to agree, in writing to the terms of the Registration Agreement in force at the time of the assignment or transfer, as amended from time to time. 

 

12.3     If the registrant licenses the use of the domain name to a third party the registrant  will remain the domain name holder and the registrant will be responsible for providing Telnic with his own full contact information and for providing and updating accurate technical and administrative contact information to ensure that Telnic can facilitate timely resolution of any problems arising in connection with the domain name. The registrant licensing use of the domain name hereby accepts liability for harm caused by wrongful use of the domain name and/or any breach of this Registration Agreement by such licensee.  

 

12.4     Telnic shall only transfer the registrant’s registration of the domain name if and when Telnic receives:

 

              (a)      such written confirmation that the prospective registrant has agreed to the terms of the Registration Agreement then in force; and

              (b)     the applicable transfer fee.

 

13.            INFORMATION

 

13.1     As part of the registration process and as a continuing obligation thereafter during the term of registration, the registrant is required to promptly provide Telnic with the information listed in 13.2 below and if this information should change the registrant shall update Telnic promptly of such changes in writing, such that Telnic’s records can be kept current, complete and accurate to enable Telnic to send the registrant important information and notices regarding the registrant’s account and Telnic’s services.

 

13.2     Telnic shall provide an interactive web page and a [port 43 Whois service] providing free query-based access to up-to-date (i.e. updated at least daily) registry database data which, in response to input of a SLD name, shall report at least the following data elements:

 

(a)        the registrant’s name and postal address (or, if different, that of the domain name holder);

(b)        the domain name being registered;

(c)        the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name;

(d)        the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and

(e)        any other information Telnic may request from the registrant (together the “information”).

 

13.3     Telnic may, at its sole discretion, require the registrant to confirm in writing the completeness and accuracy of the information held by Telnic, by giving the registrant [10] Business Days (as defined in clause 13.4 below) prior written notice. If the information held by Telnic is incomplete or incorrect the registrant will need to inform Telnic in writing within 10 days of receiving Telnic’s written notice of any and all changes to the information.

 

13.4     The registrant’s provision of inaccurate and/or unreliable information and/or willful failure promptly to update information provided to Telnic, or its failure to respond for over 10 Business Days to inquiries by Telnic concerning the accuracy of such information provided by the registrant to Telnic under clause 13.2 shall constitute a material breach by the registrant and shall be a basis for cancellation of the domain name by Telnic. Business Day shall mean any weekday except a Saturday, Sunday and/or bank holiday or public holiday in the United Kingdom.

 

14.             DISCLOSURES AND USE OF REGISTRATION INFORMATION

 

14.1     By submitting an application, the registrant hereby expressly consents to Telnic using any and all information provided by the registrant, set out in the application or derived from the use of the Website by the registrant for any purpose whatsoever including, without limitation, the marketing of Telnic’s goods and/or services and those of third parties and the registrant hereby expressly consents to Telnic transferring, licensing, selling or otherwise giving a right of use of the information to any third party anywhere in the world including, without limitation, releasing the registrant’s information to third parties who allege that the registration of a domain name by the registrant is an infringement of third party rights or is otherwise unlawful.

 

14.2     The registrant hereby irrevocably waives any and all claims and causes of action he may have against Telnic arising from disclosures and use of the registrant's domain name, in accordance with clause 14.1 above.

 

14.3     Telnic will take all reasonable steps, which in its sole discretion it believes to be necessary, to protect the information obtained from the registrant from loss, misuse, unauthorised access or disclosure, alteration, or destruction.

 

14.4     Telnic’s data protection and privacy policy is located at [link] and is incorporated herein by reference. [need to ensure there is no conflict between clause 14 and the policy].

 

15.  NOTICES

 

Any notice, notification or invoice for which provision has been made in these terms shall be deemed to have been correctly given if it is in writing and correctly sets out all relevant passwords and reference codes and is delivered by hand or by ordinary prepaid post or by facsimile transmission or by electronic mail (if for the registrant) for the attention of the registrant to such address, fax number or email address as shall have been indicated by the registrant on the application form or (if for Telnic) to such address, fax number or email address as shall be displayed on the Website.  Such notice shall be deemed to have been received on the next Business Day after its delivery by hand, facsimile or email or on the seventh day after ordinary posting.

 

16.            DOMAIN NAME DISPUTE RESOLUTION POLICY

 

16.1     The registrant agrees, as a condition of submitting its application, and if the application is accepted by Telnic for registration, that the registrant is bound by the Uniform Domain Name Dispute Policy Resolution (the “policy”) and the Rules for Uniform Domain Name Dispute Resolution Policy (the “policy rules”).  The registrant further agrees that the registration of its domain name shall be subject to the policy and any other ICANN policy to correct mistakes in the registration of the domain name and/or for the resolution of disputes concerning the domain name.

 

16.2     Telnic is not obliged to take part in the resolution of any disputes between parties as to the right to register domain names, a list of ICANN approved dispute resolution providers (“provider”) can be found at [link].

 

16.3     The registrant agrees that Telnic, in its sole discretion, may modify the policy.  Any such revised policy will be posted on the Website at least 30 days before it becomes effective.  The registrant further agrees that if it does not agree to any such modifications, the registrant may terminate these terms upon [30] days’ written notice to Telnic.  In the event of such termination of these terms, Telnic shall not refund any fees paid by the registrant.

 

16.4     In the event of a domain name dispute, the registrant agrees that the dispute will be subject to the provisions specified in the policy in effect at the time of the dispute.  The registrant agrees to indemnify and hold Telnic harmless as set forth in clause 8. 

 

16.5     If Telnic is notified that a complaint has been filed with a provider, the registrant agrees to not make any changes to the domain name record without Telnic’s prior written approval.  Telnic shall use reasonable endeavours to comply promptly with the order of a provider or such other legal judgment or other legal requirement of any court of competent jurisdiction. 

 

16.6     Without prejudice to the generality of the foregoing, Telnic may, at its sole option, cancel the registration or suspend registration of the domain name if:

 

(a)            ordered to do so by a court of competent jurisdiction;

 

(b)            the use of the domain name is illegal;

 

(c)            there is a breach of these terms and conditions;

 

(d)        the domain name is abusive, offensive and or obscene; and/or

 

(e)        the continued use of a domain name could cause technical problems on the Internet.

 

17.            SEVERABILITY

 

In the event that any provision of these terms shall be unenforceable or invalid under any applicable law or be so held by a decision of any Court of competent jurisdiction, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole.  Telnic will amend or replace such provision with one that is valid and enforceable and which achieves, as far as possible, the original objectives and intent of Telnic as reflected in the original provision.  Such amendments and/or replacements will be deemed to have been included in these terms at the same time as those parts not so held to be invalid and/or unenforceable.

 

18.       NO GUARANTEE

 

Telnic gives no warranty and makes no representation in respect of the domain names applied for and/or registered hereunder including, without limitation, the availability of any domain names or their fitness for purpose and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms, undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to such domain names.  Without prejudice to the generality of the foregoing, the registrant acknowledges and agrees that the domain names are not entered on any root server system and that the domain names are not approved by ICANN as top level domains.

 

 

 

 

19.            LIMITATION OF LIABILTIY

 

19.1     Telnic shall not be liable whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the domain names registered hereunder, including without limitation:

 

(a)                loss of revenue; and/or

 

(b)               loss of anticipated savings; and/or

 

(c)                loss of business and/or goods; and/or

 

(d)               loss of goodwill; and/or

 

(e)                loss of use; and/or

 

(f)                 loss and/or corruption of data and/or other information; and/or

 

(g)                downtime; and/or

 

(h)                any damage relating to the procurement of any substitute services.

 

            For the avoidance of doubt, neither the types of loss and/or damage specified in clauses 19.1(a) to (h), inclusive, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these terms and conditions.

 

19.2     In no event shall Telnic’s liability to the registrant, whether in contract, tort, by statute or otherwise exceeds 150% of the registration fee for the domain name.

 

19.3     Nothing in these terms shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.

 

20.            INSURANCE

 

Throughout the term of this Registration Agreement, Telnic shall maintain with a reputable insurer a commercial general liability insurance for a minimum amount of US $500,000 covering liabilities arising from Telnic’s business during the term of the Registration Agreement.

 

21.            TERMINATION

 

21.1     Telnic and/or the registrant shall have the right to terminate this Registration Agreement by giving the other 30 days’ prior written notice. 

 

21.2     Telnic shall have the right to immediately terminate and/or suspend this Registration Agreement if the registrant:

 

              (a)      fails to pay any sum due to Telnic hereunder on the due date therefor;

 

              (b)     breaches clause 7 of this Registration Agreement;

 

              (c)      commits persistent breaches of this Registration Agreement and after warning continues to do so or commits a material breach of this Registration Agreement which either cannot be remedied or is not remedied within [fourteen (14)] days after written notice requiring that it be remedied; and

 

              (d)     enters into liquidation, bankruptcy or insolvency procedure, whether compulsorily or voluntarily, other than for the purposes of reconstruction or amalgamation.

             

21.3     The registrant shall have the right to terminate this Registration Agreement by giving Telnic 30 days prior written notice if Telnic:

 

              (a)      commits persistent breaches of this Registration Agreement and after warning continues to do so or commits a material breach of this Registration Agreement which either cannot be remedied or is not remedied within [fourteen (14)] days after written notice requiring that it be remedied; and/or

 

              (b)     enters into liquidation, bankruptcy or insolvency procedure, whether compulsorily or voluntarily, other than for the purposes of reconstruction or amalgamation.

 

22.            CONSEQUENCES OF TERMINATION

 

22.1     Any termination of this Registration Agreement for any reason shall not affect any accrued rights or liabilities of either party nor the coming into force or the continuance in force of any provision of this Registration Agreement which is expressly or by implication intended to come into, or continue, in force on or after such termination.

 

22.2     Upon termination of this Registration Agreement for whatever reason Telnic shall promptly cancel the registration of the relevant domain name(s) with effect from the termination date without notice to the registrant, re-issue the domain name onto the public database and thereby offer the said name for registration by another party.  

 

23.            ASSIGNMENT

 

The terms are personal to the registrant.  The registrant shall not be entitled to assign the terms without the prior written consent of Telnic.

 

24.            WAIVER

 

The failure of Telnic to require performance by the registrant and/or the use of a domain name in accordance with any provision hereof shall not affect the right of Telnic to require full performance and/or compliance at any time thereafter; nor shall the waiver by Telnic of any breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

25.            ENTIRE AGREEMENT

 

These terms, as amended from time to time, and the Telnic Disclaimer together constitute the complete and exclusive agreement between Telnic and the registrant, and supersede all prior proposals, agreements, or other communications.  The registrant agrees that the submission of an application for the registration of a domain name constitutes an unqualified agreement to be bound by these terms and by the Telnic Disclaimer, all as amended from time to time.

 

26.            GOVERNING LAW

 

These terms shall be governed exclusively in all respects by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

 


4. Domain Name Change Agreement



TELNIC LIMITED’s DOMAIN NAME CHANGE AGREEMENT

 

THIS DOMAIN NAME CHANGE AGREEMENT made on                     2000

 

Between:

 

1.        [Insert the name of the current registrant] of                                                    (the “Current Registrant”); and

 

2.        [Insert the name of the prospective registrant] of                       (the “Prospective Registrant”)

 

Recitals

 

A.        The Current Registrant owns all right, title and interest in and to the Domain Name.

 

B.         The Current Registrant wishes to sell and the Prospective Registrant wishes to purchase all right, title and interest in the Domain Name.

 

WHEREAS IT IS AGREED:

 

1.            Interpretation

 

In this Domain Name Change Agreement unless the context otherwise requires the following expressions have the following meanings:-

 

“Domain Name” means the second level .TEL domain name registered by the Current Registered in accordance with the Registration Agreement with Telnic Limited and as more specifically set out in clause 7 below.

 

“Registration Agreement” means the registration agreement entered into between any registrant and Telnic Limited for the registration of a second level .TEL domain name and a copy of which is located at [http://www.telnic.com].

 

 

2.            Assignment

 

In consideration of £ [                     ] (receipt of which is hereby acknowledged by the Current Registrant) the Current Registrant hereby transfers, sells, conveys and assigns to the Prospective Registrant its full right, title and interest in and to the registration of the Domain Name.

 

3.         Current Registrant

 

The Current registrant hereby represents and warrants that he is the registrant of the Domain Name and hereby transfers the registration of the Domain Name to the Prospective Registrant free and clear of any liens, claims and encumbrances.

 

4.         Further Assurance

 

At the request and cost of the Prospective Registrant, the Current Registrant, at all times after the date of this Deed, shall do all acts necessary and execute all documents as may be reasonably necessary or desirable to secure the vesting of title and interest in and to the registration of the Domain Name in the Prospective Registrant

 

5.            Prospective Registrant

 

5.1       The Prospective Registrant acknowledges that he has reviewed and understood Telnic Limited’s Registration Agreement in effect as of the date hereof and hereby agrees to be bound by Telnic Limited’s current Registration Agreement, located at [http://www.                ], which include Telnic Limited’s current Uniform Domain Name Dispute Resolution Policy and Rules for Uniform Domain Name Dispute Resolution Procedure which is located at [http://www                  ] and to give promptly an undertaking to Telnic Limited, in the form attached hereto as Schedule A.

 

5.2       The Prospective Registrant hereby agrees and acknowledges that Telnic Limited shall not effect the transfer of the registration of the Domain Name until the Prospective Registrant has provided Telnic Limited with the undertaking referred to in clause 5.1.

 

6.            Effectiveness of Transfer

 

The transfer of the registration of the Domain Name from the Current Registrant to the Prospective Registrant shall be effective upon Telnic Limited’s transmission of an acknowledgement to the Prospective Registrant that the Domain Name has been transferred to the Prospective Registrant.

 

7.            Information required to effect the Transfer

 

Domain Name

One per Domain Name Change Agreement

 

 

 

Transfer the registration for the Domain Name from:

 

Current Registrant’s Address

As per the WHOis record (URL http://www.telnic.com

 

 

If the address you have entered is different to the Whois record, please explain below

Current Registrant’s Type of Business

[    ] Corporation

[     ] Sole Proprietorship

[     ] Partnership

[     ] Limited Partnership

[     ] Individual

[     ] Other

Transfer the registration for the Domain Name to:

The name of the Prospective Registrant should be entered here. This name should match the name entered on line [            ] of the Registration Agreement between the Prospective Registrant and Telnic Limited

 

 

 

 

 

Prospective Registrant’s address

 

 

 

 

 

8.         General

 

8.1       If any term or provision of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, that term or provision shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of such clause and of this Agreement shall not be affected.

 

8.2       No neglect, delay or indulgence on the part of either party in enforcing any term of this Agreement will be construed as a waiver and no single or partial exercise of any right or remedy under this Agreement will preclude or restrict the further exercise or enforcement of any such right or remedy. No waiver by either party shall be valid unless in writing and signed by an authorised representative of the party giving the waiver.

 

8.3       Nothing in this Agreement shall operate to limit or exclude any liability for fraudulent misrepresentation.

 

9.            Governing Law

 

These terms shall be governed exclusively in all respects by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

IN WITNESS WHEREOF, the parties have executed this Domain Name Change Agreement as a Deed on the day and year first written above.

 

 

Signed by                     __________________

on behalf of the Current Registrant

Print Signature             __________________

Active e-mail address            __________________

Phone number              __________________

Date                             __________________

 

 

Signed by                     __________________

on behalf of the Prospective Registrant

Print Signature             __________________

Active e-mail address            __________________

Phone number              __________________

Date                             __________________

 

I,  __________________, a Notary Public residing in an duly authorised in _____________________ to administer oaths and take acknowledgements, do hereby certify that on this day personally appeared before me, ________________________________, the Current Registrant’s signatory to the forgoing Domain Name Change Agreement, who is known to me to be the identical person whose name is subscribed to and who signed and executed the foregoing instrument, and having first made know to him or her the contents thereof, he/she personally acknowledge to me that he/she signed the same, on the date it bears, and his true, free and voluntary act and deed, for uses, purposes and considerations therein set forth.

 

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

 

 

            ____________________________

            Notary Public

 

            My commission expires: ________________________

 

 

           

 

 

 


SCHEDULE A

 

UNDERTAKING

 

[To be printed on the Prospective Registrant’s Letterhead paper.]

 

Telnic Limited

211 Piccadilly

London W1V 9LD

United Kingdom]

 

                                                [Insert date]

Dear Sirs,

 

In accordance with the Domain Name Change Agreement executed between [insert name of Current Registrant] and [myself/ourselves] on [insert date] (the original copy of which is enclosed herewith), I/We hereby acknowledge that I/we have read your Registration Agreement in effect as of the date hereof (which is located at http://www.telnic.com) (the “Registration Agreement”) and in consideration of your effecting the transfer of the registration of the Domain Name to me/us I/we hereby undertake to be bound by the terms and conditions of your Registration Agreement as the new registrant of the Domain Name.

 

Yours faithfully

 

 

 

[Signed by the Prospective Registrant]


5. Data Privacy Policy



tO BE ACCESSIBLE ON THE WEBSITE

 

Data Privacy Policy

 

1.                  Telnic respects the privacy of all its customers and undertakes to comply with all applicable data privacy legislation in force from time to time.  Telnic complies with [and is registered under] the Data Protection Act 1998 and shall only process personal data in accordance with the rights of data subjects under the Act. 

 

2.                  By accessing this website and/or by disclosing your personal information to us, you consent to the collection, storage and processing of your personal information by Telnic in the manner set out in this Data Privacy Policy.

 

3.                  When you apply to register for a domain name with Telnic, you consent to your account, technical and billing information (including without limitation address, telephone and fax number and e-mail address) being published on the Whois database and web page.  The Whois database is a publicly accessible query based database of registered .TEL SLDs to enable visitors to check whether a name has been registered and by whom.  Such personal data may be available, subject to queries on the Whois web page, to individuals and organizations outside of the European Union.  By applying to register a domain name you consent further that your personal data may be transferred to/obtained by individuals or corporations outside of the European Economic Area, which may not have the same levels of data protection as the United Kingdom.

 

4.                  When you register for a domain name with Telnic, you consent to your account, technical and billing information (including without limitation address, telephone and fax number and e-mail address) being stored under a data Escrow program. All personal data will be kept in Escrow so that in the event of any technical failure [or loss of license to run the .TEL domain] there is a means to assure you of durable connectivity and a consistent service.

 

5.                  Telnic will provide information you submit in applying to register a domain name or updating related information to our own employees and consultants, to the administrator of the registry for the .TEL to operators and users of the Internet making Whois queries concerning your domain-name registration, to ICANN, and to escrow agents, auditors, Whois service providers [and replacement registrars that ICANN may designate].

 

6.                  Telnic shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction.  Telnic shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrants.

 

7.                  Telnic will not sell, rent, trade or give away any customers’ personal information (other than as stated above) to third parties for marketing purposes without their express consent.

 

8.                  Telnic will use all reasonable endeavours to ensure that your personal data will not be kept, either by Telnic or in Escrow, for longer than is necessary for the purposes of maintaining the domain name.  In any event Personal Data will be kept for the duration of the agreement and for [18 months/3 years] thereafter.  In the event that the domain name is surrendered or transferred to a third party, personal data relating to that domain name will not be kept for longer than is reasonable. 

 

9.                  You represent and warrant that all information given is accurate and true.  You further maintain that you will inform Telnic of any changes that relate to the personal data which Telnic requires for the Whois.  Telnic will use all reasonable endeavours to ensure that the Personal Data it maintains will be accurate.

 

10.              Third party Internet sites that you can link to through any Telnic websites are not covered by our Privacy and security Policy, so we urge you to be careful when you enter any personal information online. You acknowledge and agree that your use of any Third Party Internet sites is at your own risk. Accordingly, you further acknowledge and agree that Telnic excludes, to the fullest extent permitted by law, any and all liabilities of any kind whatsoever, whether in contract, tort, statute or otherwise arising out of or in connection with the access or failur to access, use of, or reliance of such Third Pary Internet sites.

 

11.              When you register details with Telnic, we use a secure server.  Any data you give us is encrypted using a ‘Secure Socket Layer’ (SSL) session.


6. Website Terms and Conditions



[TO BE ACCESSIBLE ON THE TELNIC HOMEPAGE AND VIA THE REGISTRATION AGREEMENT BY WAY OF A HYPERLINK]

 

WEBSITE TERMS AND CONDITIONS

 

Thank you for accessing [http://www.telnic.com] (“the Website”).  Please read these terms and conditions (the “Terms”) before using the Website. 

 

By using the Website, you signify your acceptance of the Terms in consideration of which Telnic will provide you with access.  This Website and the information and material which it contains are subject to change at any time by Telnic without notice and Telnic reserves the right to suspend, terminate or restrict access to this Website.

 

This Website is provided solely for information purposes only and, with the exception of these Terms will not create any legal relationship between you and Telnic, and is not intended to, and shall not, constitute an offer or acceptance to buy or sell goods and/or services.

 

All information and material including, without limitation, images, text, graphics, arrangement of such text and graphics, video and audio on this Website is the property of Telnic or its licensors and is subject to copyright. [Insert Telnic’s trade marks] are all trade marks owned by Telnic.  All other trade marks on this Website are the property of their respective owners.  You are entitled to view, copy and print any documents from this Website but only for your own internal business purposes.  Any sale, transmission or redistribution of this Website or its content, and any copying, modification or other use of this Website or its content for any purposes other than your own internal business purposes, are strictly prohibited.

 

Telnic gives no warranty or makes no representation in respect of the use or content of this Website including, without limitation, the availability of the Website and hereby excludes, to the fullest extent permitted by law, all conditions, warranties, terms undertakings and representations, express or implied, whether by statute, common law or otherwise in relation to this Website and its content.

 

This Website may provide links to certain websites sponsored and maintained by third parties (“Links”).  Such websites are publicly available and Telnic is providing access to such Links through this Website solely as a convenience to you.  Telnic makes no representations or warranties concerning the content of such Links and the fact that access to such Links is provided does not constitute any endorsement, authorisation or sponsorship of such Links and/or their sponsors or otherwise constitute agreement with the contents of such Links by Telnic nor is there any affiliation between Telnic and such sponsors and such sponsors do not endorse, authorise or sponsor this Website.  You understand and agree that you will use such Links solely at your own risk and that Telnic does not grant to you any rights in respect of such Links. 

You shall indemnify and hold Telnic harmless in respect of any and all losses, claims, demands, costs and/or expenses of any kind whatsoever arising out of or in connection with any breach, use, communication, participation in or on the Website.

Telnic accepts no responsibility or liability for functions contained on the Website and gives no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. The terms of this disclaimer do not affect your statutory or your legal rights as a consumer.

 

Telnic does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Telnic is not liable for any damage you may suffer as a result of such destructive features.

 

You acknowledge and agree that your use of the Website is at your own risk and that access to the Website is currently provided free of charge.  Accordingly, you further acknowledge and agree that Telnic excludes, to the fullest extent permitted by law, any and all liabilities of any kind whatsoever, whether in contract, tort, statute or otherwise arising out of or in connection with the access or failure to access, use of, or reliance on the Website.

For the avoidance of doubt, Telnic shall not be liable to you or any other third party whether in contract, tort, by statute or otherwise in respect of any direct loss or any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the access or failure to access, use of, or reliance on, this Website, including without limitation:

(a)    loss of revenue; and/or

(b)   loss of anticipated savings; and/or

(c)    loss of business and/or goods; and/or

(d)   loss of goodwill; and/or

(e)    loss of use; and/or

(f)     loss and/or corruption of data and/or other information, and/or

(g)    downtime; and/or

(h)    any damage relating to the procurement of any substitute services.

           

For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (h) inclusive of this paragraph nor any similar types of loss and/or damage shall constitute direct loss.

 

Nothing in these Terms shall exclude or restrict the liability of Telnic for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of Telnic, its officers, employees, agents and/or sub‑contractors.

In the course of your use of this Website, you may provide, or Telnic may otherwise obtain, information about you.  By using the Website, you expressly consent to Telnic (a) using this information to assess the function and performance of this Website, to assess the needs of its users, to market Telnic’s products and services and for the other purposes set out in this paragraph;  (b) providing this information to carefully selected third parties who Telnic believes may supply goods and/or services of interest to you; and (c) transferring this information to any third party throughout the world for the purposes specified in (a) and (b) above. 

These Terms are governed by and construed exclusively in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts in relation to all matters pertaining to or arising out of these Terms, your use of the Website.

 

 


7. This Uniform Domain Name Dispute Resolution Policy



As approved by ICANN on 24 October 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”) 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

  1. the statements that you made in your Registration Agreement are complete and accurate;
  2. to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
  3. you are not registering the domain name for an unlawful purpose; and
  4. 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:

  1. 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;
  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  3. 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 under Providers.

  1. 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
    1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
    2. you have no rights or legitimate interests in respect of the domain name; and
    3. 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.

  1. 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:
    1. 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
    2. 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
    3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    4. 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.
  1. 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):
    1. 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
    2. 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
    3. 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.
  1. 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).
  2. 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”).
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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
    1. evidence satisfactory to us of a resolution between the parties;
    2. evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or
    3. 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.

  1. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder
    1. 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
    2. 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.

  1. 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 <URL>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.


8. Rules for Uniform Domain Name Dispute Resolution Policy


As approved by ICANN on 24 October 1999


1. Administrative proceedings for the resolution of disputes under the Uniform Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its Web site.

 

In these Rules:


Complainant means the party initiating a complaint concerning a domain-name registration.


ICANN refers to the Internet Corporation for Assigned Names and Numbers.


Mutual Jurisdiction means a court jurisdiction at the location of either


  1. the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or
  2. the domain-name holder’s address as shown for the registration of the domain name in Registrar’s Whois database at the time the complaint is submitted to the Provider.

Panel means an administrative panel appointed by a Provider to decide a complaint concerning a domain-name registration.


Panelist means an individual appointed by a Provider to be a member of a Panel.


Party means a Complainant or a Respondent.


Policy means the Uniform Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.


Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at www.icann.org/en/dndr/udrp/approved-providers.htm.


Registrar means the entity with which the Respondent has registered a domain name that is the subject of a complaint.


Registration Agreement means the agreement between a Registrar and a domain-name holder.


Respondent means the holder of a domain-name registration against which a complaint is initiated.


Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.


Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.


2. Communications

  1. When forwarding a complaint to the Respondent, it shall be the Provider’s responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
    1. sending the complaint to all postal-mail and facsimile addresses
      1. shown in the domain name’s registration data in Registrar’s Whois database for the registered domain-name holder, the technical contact, and the administrative contact and
      2. supplied by Registrar to the Provider for the registration’s billing contact; and
    2. sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to:
      1. the e-mail addresses for those technical, administrative, and billing contacts;
      2. postmaster@<the contested domain name>; and
      3. if the domain name (or “www.” followed by the domain name) resolves to an active web page (other than a generic page the Provider concludes is maintained by a registrar or ISP for parking domain-names registered by multiple domain-name holders), any e-mail address shown or e-mail links on that web page; and
    3. sending the complaint to any address the Respondent has notified the Provider it prefers and, to the extent practicable, to all other addresses provided to the Provider by Complainant under Paragraph 3(b)(v).
  2. Except as provided in Paragraph 2(a), any written communication to Complainant or Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)), or in the absence of such specification
    1. by telecopy or facsimile transmission, with a confirmation of transmission; or
    2. by postal or courier service, postage pre-paid and return receipt requested; or
    3. electronically via the Internet, provided a record of its transmission is available.
  3. Any communication to the Provider or the Panel shall be made by the means and in the manner (including number of copies) stated in the Provider’s Supplemental Rules.
  4. Communications shall be made in the language prescribed in Paragraph 11. E-mail communications should, if practicable, be sent in plain text.
  5. Either Party may update its contact details by notifying the Provider and the Registrar.
  6. Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:
    1. if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or
    2. if by postal or courier service, on the date marked on the receipt; or
    3. if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.
  7. Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f).
  8. Any communication by
    1. a Panel to any Party shall be copied to the Provider and to the other Party;
    2. the Provider to any Party shall be copied to the other Party; and
    3. a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.
  9. It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.
  10. In the event a Party sending a communication receives notification of non-delivery of the communication, the Party shall promptly notify the Panel (or, if no Panel is yet appointed, the Provider) of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Panel (or the Provider).

3. The Complaint


  1. Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to any Provider approved by ICANN. (Due to capacity constraints or for other reasons, a Provider’s ability to accept complaints may be suspended at times. In that event, the Provider shall refuse the submission. The person or entity may submit the complaint to another Provider.)
  2. The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
    1. Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
    2. Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Complainant and of any representative authorized to act for the Complainant in the administrative proceeding;
    3. Specify a preferred method for communications directed to the Complainant in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy;
    4. Designate whether Complainant elects to have the dispute decided by a single-member or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider’s list of panelists);
    5. Provide the name of the Respondent (domain-name holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings, in sufficient detail to allow the Provider to send the complaint as described in Paragraph 2(a);
    6. Specify the domain name(s) that is/are the subject of the complaint;
    7. Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaint is filed;
    8. Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used (Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future.);
    9. Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,
      1. the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
      2. why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and
      3. why the domain name(s) should be considered as having been registered and being used in bad faith

(The description should, for elements (2) and (3), discuss any aspects of Paragraphs 4(b) and 4(c) of the Policy that are applicable. The description shall comply with any word or page limit set forth in the Provider’s Supplemental Rules.);

    1. Specify, in accordance with the Policy, the remedies sought;
    2. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
    3. State that a copy of the complaint, together with the cover sheet as prescribed by the Provider’s Supplemental Rules, has been sent or transmitted to the Respondent (domain-name holder), in accordance with Paragraph 2(b);
    4. State that Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction;
    5. Conclude with the following statement followed by the signature of the Complainant or its authorized representative:

“Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, except in the case of deliberate wrongdoing, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.”


“Complainant certifies that the information contained in this Complaint is to the best of Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”; and

    1. Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute and any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence.
  1. The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.

4. Notification of Complaint

  1. The Provider shall review the complaint for administrative compliance with the Policy and these Rules and, if in compliance, shall forward the complaint (together with the explanatory cover sheet prescribed by the Provider’s Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
  2. If the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.
  3. The date of commencement of the administrative proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) in connection with forwarding the Complaint to the Respondent.
  4. The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), and ICANN of the date of commencement of the administrative proceeding.

5. The Response

  1. Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the Provider.
  2. The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
    1. Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (domain-name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Provider’s Supplemental Rules.)
    2. Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Respondent (domain-name holder) and of any representative authorized to act for the Respondent in the administrative proceeding;
    3. Specify a preferred method for communications directed to the Respondent in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy;
    4. If Complainant has elected a single-member panel in the Complaint (see Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel;
    5. If either Complainant or Respondent elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider’s list of panelists);
    6. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
    7. State that a copy of the response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and
    8. Conclude with the following statement followed by the signature of the Respondent or its authorized representative:

“Respondent certifies that the information contained in this Response is to the best of Respondent’s knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”; and

    1. Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
  1. If Complainant has elected to have the dispute decided by a single-member Panel and Respondent elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in the Provider’s Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel.
  2. At the request of the Respondent, the Provider may, in exceptional cases, extend the period of time for the filing of the response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.
  3. If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint

6. Appointment of the Panel and Timing of Decision

  1. Each Provider shall maintain and publish a publicly available list of panelists and their qualifications.
  2. If neither the Complainant nor the Respondent has elected a three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single-member Panel shall be paid entirely by the Complainant.
  3. If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 6(e). The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
  4. Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, within five (5) calendar days of communication of a response in which the Respondent elects a three-member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates may be drawn from any ICANN-approved Provider’s list of panelists.
  5. In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party’s list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider’s selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five (5) calendar days of the Provider’s submission of the five-candidate list to the Parties.
  6. Once the entire Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.

7. Impartiality and Independence

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist’s impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist.

 


8. Communication Between Parties and the Panel


No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider’s Supplemental Rules.

 

9. Transmission of the File to the Panel


The Provider shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Panel.

 

10. General Powers of the Panel

  1. The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.
  2. In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
  3. The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.
  4. The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
  5. A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

11. Language of Proceedings

  1. Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.
  2. The Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding.

12. Further Statements

In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties.



13. In-Person Hearings

There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.

 

14. Default

  1. In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint.
  2. If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.

 

15. Panel Decisions

  1. A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.
  2. In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider within fourteen (14) days of its appointment pursuant to Paragraph 6.
  3. In the case of a three-member Panel, the Panel’s decision shall be made by a majority.
  4. The Panel’s decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).
  5. Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in the Provider’s Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the domain-name holder, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

16. Communication of Decision to Parties

  1. Within three (3) calendar days after receiving the decision from the Panel, the Provider shall communicate the full text of the decision to each Party, the concerned Registrar(s), and ICANN. The concerned Registrar(s) shall immediately communicate to each Party, the Provider, and ICANN the date for the implementation of the decision in accordance with the Policy.
  2. Except if the Panel determines otherwise (see Paragraph 4(j) of the Policy), the Provider shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules) shall be published.

17. Settlement or Other Grounds for Termination

  1. If, before the Panel’s decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding.
  2. If, before the Panel’s decision is made, it becomes unnecessary or impossible to continue the administrative proceeding for any reason, the Panel shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel.

 

18. Effect of Court Proceedings

  1. In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.
  2. In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding in respect of a domain-name dispute that is the subject of the complaint, it shall promptly notify the Panel and the Provider. See Paragraph 8 above.

19. Fees

  1. The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider’s Supplemental Rules, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Panel. See Paragraph 5(c). In all other cases, the Complainant shall bear all of the Provider’s fees, except as prescribed under Paragraph 19(d). Upon appointment of the Panel, the Provider shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specified in the Provider’s Supplemental Rules.
  2. No action shall be taken by the Provider on a complaint until it has received from Complainant the initial fee in accordance with Paragraph 19(a).
  3. If the Provider has not received the fee within ten (10) calendar days of receiving the complaint, the complaint shall be deemed withdrawn and the administrative proceeding terminated.
  4. In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request the Parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.

20. Exclusion of Liability


Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.

 

21. Amendments


The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby. These Rules may not be amended without the express written approval of ICANN.

 


9. Sample Web Page Relating to Trademarks, Passing Off and Cybersquatting



TRADEMARK

A trademark is capable of distinguishing the goods or services of one undertaking from those of another undertaking.  A trademark may consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.

 

A person will commit a trademark infringement if he uses a mark in the course of business, which is either identical or confusingly similar to a trademark registered by a third party.

 

PASSING OFF

 

A person will be passing off if he makes a misrepresentation in the course of trade to his customers which is likely to result in or has resulted in the confusion amongst his customers in believing that the goods and/or services supplied by him are related to the goods and/or services belonging to another.

 

CYBERSQUATTING

 

The practice of stockpiling Internet domain names comprising of trademarks and/or brands (usually famous) purely for the purpose of selling them on for a profit is know as cybersquatting.

 

ACTION

 

If you do any of the above, the consequences you may face could be as follows:

 

1. your domain name may be cancelled, assigned or otherwise transferred under the Uniform Domain Name Dispute Resolution Policy adopted by Telnic; and/or

2.  you may be ordered by a court or similar authority to pay compensation to the person whose registered trademark has been adversely affected.

 

 

 

It is Telnic’s policy to protect registered intellectual property rights. Telnic therefore recommends that you carry out some initial checks in respect of your proposed domain name application to see if the domain name of your choice is free for you to register. These checks are free and are self-explanatory.  To assist you further, Telnic has provided hyperlinks to four of the major Trade Marks Offices’ databases below.

 

Telnic also provides you with hyperlinks to websites which will allow you to carry out additional checks of registered domain names and company names in the United Kingdom and the United States of America. The purpose for carrying out such additional checks is to give you some indication as to whether your proposed domain name may infringe third party rights. 

 

In addition, Telnic provides a hyperlink to the World Intellectual Property Organisation’s website which provides valuable information relating to the protection of intellectual property rights on the Internet.

 

UK Patent and Trade Mark Office: http://webdb4.patent.gov.uk/tm/text/

 

US Patent and Trade Mark Office: http://trademarks.uspto.gov/access/search-mark.html

 

Japanese Trade Mark Office: http://www3.ipdl.jpo-miti.go.jp/cgi-bin/ep_main.cgi?0+937503002190

 

Office for Harmonization in the Internal Market (OHIM): http://oami.eu.int/search/trademark/la/en_tm_search.cfm

 

Network Solutions Inc. - US Registered Domain Names: http://www.networksolutions.com/cgi-bin/whois/whois

 

Nominet UK  - UK Registered Domain Names: http://www.nominet.net/

 

Lycos - US Registered Companies: http://www.companiesonline.com/

 

Companies House - UK Registered Companies: http://www.companies-house.gov.uk/

 

WIPO: http://www.wipo.org

 

TELNIC RECOMMENDS THAT YOU TO READ ITS WEBSITE TERMS AND CONDITIONS PRIOR TO PROCEEDING ANY FURTHER.

 

 

 

TELNIC RECOMMENDS THAT YOU SEEK PROFESSIONAL ADVICE AND ASSISTANCE BEFORE PROCEEDING WITH YOUR DOMAIN NAME APPLICATION FOR REGISTRATION.