Last Modified : January 14, 2002

This DISPUTE POLICY (this "Policy") is incorporated by reference into the eNIC Corporation ("Registry") Registration Agreement (the "Registration Agreement"). Registry will register .cc domain names, and handle disputes concerning the same, as follows:

1. Registry's Automated Registration Process.

Registry manages the master database, and is responsible for granting registration, of .cc second level domain names (each .cc domain name is herein referred to as a "Domain"). Any natural person over the age of 18 years, and any legally recognized entity, is eligible to register a Domain through Registry and become the "Registrant" of the respective Domain. Registry cannot, and does not, screen or otherwise review a Domain application to verify the Registrant's legal rights to use a particular word or term in its Domain prior to registration. Once the Domain is registered, for a specified term, no other party will be permitted to register the same Domain and the Registrant will have exclusive use of the Domain, so long as the Registrant pays its fees for the Domain, and complies with Registry Policies and the Registration Agreement.

2. Registry Is Not Liable for Infringing Domain.

Registry is not liable or otherwise responsible for damages or the potential for irreparable harm caused by use, display, exploitation, or registration of a Domain that may infringe upon a third party's rights, defame, cause a likelihood of confusion among consumers, or in any other way injure or offend any party. By way of example, and not limitation, Registry is not liable for any claim or damages arising out of registration, display, exploitation, or use of a Domain that may infringe upon, tarnish, blur, or dilute the distinctiveness of a trademark, nor is Registry liable for a Domain that is identical or confusingly similar to the name of a famous person or the trade name of a well known enterprise. Registry is merely a passive Domain registration agency. In the event a dispute arises with a third party with respect to a Domain, Registrant shall indemnify and hold Registry harmless pursuant to the terms and conditions of the Registration Agreement.

3. Consumer Protection; Fair Trading Practices.

If Registrant is using a .cc domain to sell goods or services over the Internet, Registrant may be required under certain applicable law to publicly provide sufficient and accurate contact details on Registrant's website so that consumers have the ability to contact the seller of such goods or services. Registry may, in its discretion, provide the contact details for Registrant in accordance with Section 4 below and the Registration Agreement.

4. Domain Name Disputes; Uniform Domain Name Dispute Resolution Policy.

Registry has adopted the Uniform Domain Name Dispute Resolution Policy ("UDRP") as adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"). Said UDRP is incorporated by reference into the Registrant's .cc domain name Registration Agreement, and sets forth the terms and conditions in connection with a dispute between Registrant and any party other than Registry over the registration and use of Registrant's .cc domain name. Proceedings under the UDRP 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. The following shall apply to the aforementioned domain name disputes:

4.1 Registrant's Representations.

By applying to register a .cc domain name (the "Domain"), or by asking Registry to maintain or renew the Domain registration, Registrant hereby represents and warrants to Registry that:

(a) the statements made by Registrant in the Domain Registration Agreement are complete and accurate;

(b) to Registrant's knowledge, the registration of the Domain will not infringe upon or otherwise violate the rights of any third party;

(c) Registrant is not registering the Domain for an unlawful purpose;

(d) Registrant will not knowingly use the Domain in violation of any applicable laws or regulations.

(e) Registrant bears the sole responsibility for determining whether the Domain registration infringes or violates someone else's rights.

4.2 Cancellations, Transfers, and Changes.

Registry will cancel, transfer or otherwise make changes to the Domain registration under the following circumstances:

(a) subject to the provisions of Paragraph 4.7 below, Registry's receipt of written or appropriate electronic instructions from Registrant or Registrant's authorized agent to take such action;

(b) Registry's receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

(c) Registry's receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which Registrant was a party and which was conducted under the UDRP or a later version of the UDRP adopted by ICANN. Registry may also cancel, transfer or otherwise make changes to the Domain registration in accordance with the terms of the Domain Registration Agreement or other legal requirements.

4.3 Mandatory Administrative Proceedings.

This paragraph sets forth the type of disputes for which Registrant is required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one or the administrative-dispute-resolution service providers listed under Providers.

(a) Applicable Disputes. Registrant is required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that:

(i) Registrant's Domain is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) Registrant has no rights or legitimate interests in respect of the Domain; and

(iii) Registrant's Domain has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

(b) Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of the Domain in bad faith:

(i) circumstances indicating that Registrant has registered or Registrant has acquired the Domain primarily for the purpose of selling, renting, or otherwise transferring the Domain 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 Registrant's documented out-of-pocket costs directly related to the Domain; or

(ii) Registrant has registered the Domain in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or

(iii) Registrant has registered the Domain primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the Domain, Registrant has intentionally attempted to attract, for commercial gain, Internet users to Registrant's 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 Registrant's web site or location or of a product or service on Registrant's web site or location.

(c) How to Demonstrate Registrant's Rights to and Legitimate Interests in the Domain in Responding to a Complaint. When Registrant receives a complaint, Registrant should refer to Paragraph 5 of the Rules of Procedure in determining how Registrant's 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 Registrant's rights or legitimate interests to the Domain for purposes of Paragraph 4(a)(ii):

(i) before any notice to Registrant of the dispute, Registrant's use of, or demonstrable preparations to use, the Domain or a name corresponding to the Domain in connection with a bona fide offering of goods or services; or

(ii) Registrant (as an individual, business, or other organization) has been commonly known by the Domain, even if Registrant has acquired no trademark or service mark rights; or

(iii) Registrant is making a legitimate noncommercial or fair use of the Domain, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

(d) Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

(e) Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

(f) Consolidation. In the event of multiple disputes between Registrant and a complainant, either Registrant or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

(g) Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where Registrant elects 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 Registrant and the complainant.

(h) Registry's Involvement in Administrative Proceedings. Registry does not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, Registry will not be liable as a result of any decisions rendered by the Administrative Panel.

(i) Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of Registrant's Domain or the transfer of Registrant's Domain registration to the complainant.

(j) Notification and Publication. The Provider shall notify Registry of any decision made by an Administrative Panel with respect to a domain name Registrant have registered with Registry. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

(k) Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4.3 shall not prevent either Registrant 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 Registrant's Domain registration should be canceled or transferred, Registry will wait ten (10) business days (as observed in the location of Registry's principal office) after Registry is informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. Registry will then implement the decision unless Registry has received from Registrant 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 Registrant has 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 Registry's principal office or of Registrant address as shown in Registry's Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If Registry receives such documentation within the ten (10) business day period, Registry will not implement the Administrative Panel's decision, and Registry will take no further action, until Registry receives:

(i) evidence satisfactory to Registry of a resolution between the parties;

(ii) evidence satisfactory to Registry that Registrant's lawsuit has been dismissed or withdrawn; or

(iii) a copy of an order from such court dismissing Registrant's lawsuit or ordering that Registrant does not have the right to continue to use Registrant's Domain.

5. All Other Disputes and Litigation.

All other disputes between Registrant and any party other than Registry regarding Registrant's Domain registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4.3 shall be resolved between Registrant and such other party through any court, arbitration or other proceeding that may be available.

6. Registry's Involvement in Disputes.

Registry will not participate in any way in any dispute between Registrant and any party other than Registry regarding the registration and use of Registrant's Domain. Registrant shall not name Registry as a party or otherwise include Registry in any such proceeding. In the event that Registry is named as a party in any such proceeding, Registry reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend itself.

7. Maintaining the Status Quo.

Registry will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in in this Dispute Policy.

8. Transfers During a Dispute.

8.1 Transfers of a Domain Name to a New Holder. Registrant may not transfer Registrant's Domain registration to another holder:

(a) 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

(b) during a pending court proceeding or arbitration commenced regarding Registrant's Domain 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.

Registry reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

8.2 Changing Registrars. Registrant may not transfer Registrant's Domain 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. Registrant may transfer administration of Registrant's Domain registration to another registrar during a pending court action or arbitration, provided that the domain name Registrant has registered with Registry shall continue to be subject to the proceedings commenced against Registrant in accordance with the terms of this Policy.

9. Policy Modifications.

Registry reserves the right to modify this Policy at any time. Registry will post its 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 Registrant until the dispute is over, all such changes will be binding upon Registrant 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 Registrant objects to a change in this Policy, Registrant's sole remedy is to cancel Registrant's Domain registration with Registry, provided that Registrant will not be entitled to a refund of any fees Registrant paid to Registry. The revised Policy will apply to Registrant until Registrant cancels Registrant's Domain registration. Additional information regarding the Uniform Domain Name Dispute Resolution Policy & Rules may be found at http://www.icann.org/udrp/udrp.htm.

10. Notices.

Notices to Registry shall be delivered by registered or certified U.S. Mail, postage prepaid, or reputable commercial courier service (e.g., U.S. Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

Registry
1916 Pike Place, #12 PMB 367
Seattle, Washington 98101 U.S.A.

Notices delivered by reputable commercial courier service in the manner of quickest delivery shall be deemed delivered three (3) business days following dispatch. Notices mailed by registered or certified official Mail of a country shall be deemed delivered seven (7) days after mailing.

Any questions or comments regarding this Policy should be mailed to Registry at the address stated above, or sent via e-mail to legal@enic.cc.