Dispute Resolution Policy for Internet Domain Names (.ir)
This policy is between IRNIC and its customer (the domain-name holder or
registrant). Thus, the policy uses "we" and "our" to refer to IRNIC and it uses
"you" and "your" to refer to the domain-name holder.
This .ir Domain Name Dispute Resolution Policy (the "Policy") has been
adopted by .ir domain name registration authority ("IRNIC"), 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 over the registration and use of an Internet domain name under the top level
domain .ir registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted according to the
Rules for .ir Domain Name Dispute Resolution Policy (the "Rules of Procedure"),
which are available at:
Rules of Procedure,
and the selected administrative-dispute-resolution service provider's
supplemental rules. The adoption of proceedings delineated under Paragraph 4
of this document in no way compromise the applicability of the laws of the
Islamic Republic of Iran relevant to matters discussed here or otherwise
applicable to Internet domain names under .ir .
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 or will not use 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 upon or violates someone else's rights.
IRNIC reserves the right to cancel domains that appear to be in violation of a
third party's rights.
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 an administrative proceeding to which you were a party and
which was conducted under this Policy or a later version of this Policy
adopted by IRNIC.
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.
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
Dispute Resolution Providers
(each, a "Provider").
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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 or is being used in
bad faith.
In the administrative proceeding, the complainant must prove that each of these three
Elements is present.
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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 the complainant; or
- by using the domain name, you have intentionally attempted to attract, for
commercial gain, Internet users to your
web site or other 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.
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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.
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Selection of Provider.
complainant shall select the Provider
from among those approved by IRNIC 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).
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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").
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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 IRNIC.
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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.
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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.
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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 the courts
of the Islamic Republic of Iran 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. 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 (i) evidence satisfactory to us of a resolution
between the parties; (ii) evidence satisfactory to us that your lawsuit has
been dismissed or withdrawn; or (iii) a copy of an order from such court
dismissing your lawsuit or ordering that you do not have the right to continue
to use your domain name.
All other disputes 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.
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.
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.
You may not transfer your domain
name registration to another holder (i) during a pending administrative
proceeding brought pursuant to Paragraph 4 or for a period of twenty(20)
business days (as observed in the location of our principal place of business)
after such proceeding is concluded; or (ii) during a pending court proceeding
or arbitration commenced regarding your domain name unless the party to whom
the domain name registration is being transferred agrees, in writing, to be
bound by the decision of the court or arbitrator. We reserve the right to
cancel any transfer of a domain name registration to another holder that is
made in violation of this subparagraph.
We reserve the right to modify this Policy
at any time We will post our revised Policy at
Dispute Resolution 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.
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