[ URL http://www.nic.ro/dispute.txt ] [ 09/2000 ]


INTERNET SERVICE ROMANIA, S.A.

UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Approved by ICANN: October 24, 1999


1. Purpose
2. Your Representations
3. Cancellations
4. Mandatory Administrative Proceeding
5. All Other Disputes and Litigation
6. Our Involvement in Disputes
7. Maintaining the Status Quo
8. Transfers During a Dispute
9. Policy Modifications

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 the statements that you made in your Registration Agreement are
complete and accurate;

to your knowledge, the registration of the domain name will not
infringe upon or otherwise violate the rights of any third party;

you are not registering the domain name for an unlawful purpose; and

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:
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;

our receipt of an order from a court or arbitral tribunal, in each
case of competent jurisdiction, requiring such action; and/or

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.
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

your domain name is identical or confusingly similar to a trademark or
service mark in which the complainant has rights; and

you have no rights or legitimate interests in respect of the domain
name; and

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.
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:

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

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

you have registered the domain name primarily for the purpose of
disrupting the business of a competitor; or

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.
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):

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

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

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.
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).

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").

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.

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.

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.

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.

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.

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

evidence satisfactory to us of a resolution between the parties;

evidence satisfactory to us that your lawsuit has been dismissed or
withdrawn; or

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

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

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.

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 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.

Additional information regarding the Uniform Domain Name Dispute
Resolution Policy & Rules may be found at
http://www.icann.org/udrp/udrp.htm.