Universal Dispute Resolution Policy

a. Applicable Disputes: You have to submit to the mandatory administrative proceeding at an event that the third party (“complainant”) asserts to applicable Provider, with compliance to Rules of zthe Procedure,

(i) The domain name is confusingly or identical to trademark and service mark where complainant has the rights;

(ii) You’ve got no rights and legitimate interests with respect to domain name;

(iii) Domain name is registered and is used in the bad faith. In an administrative proceeding, complainant should prove that these elements are there.

b. Proof of Registration & Use in the Bad Faith. For purposes of the Paragraph 4, following circumstances,particularly without limitation, in case found by Panel to be there, will be the evidence of registration & use of the domain name in the bad faith:

(i) Circumstances indicating you’ve registered and have acquired domain name mainly for purpose of renting, selling, and transferring domain name registration on complainant that is an owner of trademark and service mark and to competitor of complainant, for the valuable consideration in an excess of documented and out of the pocket costs related straight to domain name;

(ii) You’ve registered domain name to prevent owner of trademark and service mark in reflecting mark in the corresponding name, given you’ve engaged in pattern of this conduct; and

(iii) You’ve registered domain name mainly for purpose of disrupting business of the competitor

(iv) Using domain name, you’ve intentionally tried to attract, for the commercial gain, the Internet users on your website and other online location, by making likelihood of the confusion with complainant’s mark to the sponsorship, source, endorsement or affiliation of the web site and location or product and service on website and location.

c. Demonstrate Your Rights & Legitimate Interests in Domain Name when Responding to the Complaint. While you receive the complaint, you must refer to the Paragraph 5 Rules of the Procedure for determining how the response must get prepared. The following circumstances, particularly without limitation, in case found by Panel to get proved based on evaluation of all the evidence presented, will demonstrate rights and legitimate interests to domain name for the purposes of the Paragraph 4(a)(ii):

(i) Prior to any notice of a dispute, the use of, and demonstrable preparations of use, domain name and name corresponding to domain name with connection to bona fide offering in goods and services;

(ii) You are known by domain name, even though you’ve acquired no trademark and service mark rights;

(iii) You make the legitimate noncommercial and fair use of domain name, without any intent for the commercial gain for misleadingly divert consumers and to tarnish trademark and service mark at an issue.

d. Range of Provider. Complainant will choose Provider from among approved by the ICANN by submitting complaint to Provider. Selected Provider can administer proceeding, except consolidation like described in the Paragraph 4(f).

e. Initiation of Process and Proceeding and Appointment of the Administrative Panel. Rules of the Procedure state process for conducting and initiating the proceeding as well as for appointing panel that can decide dispute (“Administrative Panel”).

f. Consolidation. In an event of the multiple disputes for you and complainant, you or complainant might petition to consolidate disputes before the single Administrative Panel. The petition will be made to first Administrative Panel that is appointed to hear pending dispute between parties. The Administrative Panel might consolidate before this any and all disputes in sole discretion, given that disputes getting consolidated are been governed by the Policy or later version of Policy adopted by the ICANN.

g. Fees. Fees charged by the Provider with connection to dispute before the Administrative Panel pursuant on this Policy will get paid by complainant, except for cases where you choose to expand Administrative Panel from 3 panelists like provided in the Paragraph 5 of Rules of the Procedure, in that case all the fees are split evenly.

h. Involvement in the Administrative Proceedings. We don’t, and won’t, participate in administration and conduct any proceeding before the Administrative Panel. Additionally, we are not liable because of any kind of decisions rendered by Administrative Panel.

i. Remedies. Remedies accessible to the complainant pursuant for any proceeding before the Administrative Panel will get limited to requiring cancellation of the domain name or transfer of the domain name registration for complainant.

j. Notification & Publication. Provider will notify us about any decision that is made by Administrative Panel about the domain name that you’ve registered to us. All the decisions under such Policy can get published in complete over Internet, other than when Administrative Panel decides in the exceptional case for redacting parts of the decision.

k. Accessibility of the Court Proceedings. Mandatory administrative proceeding needs set ahead in the Paragraph 4 will not at all prevent you or complainant in submitting dispute to the court of the competent jurisdiction for the independent resolution before this mandatory administrative proceeding gets commenced and after such proceeding gets concluded. Suppose Administrative Panel chooses that the domain name registration must get canceled and transferred, we can wait 10 business days (like observed in location of principal office) when we’re informed by applicable Provider of Administrative Panel’s choice before implementing this decision. Then we can implement decision till we have got from you during this 10 business day time official documentation (like copy of complaint and file-stamped by clerk of court), which you’ve commenced the lawsuit against complainant in the jurisdiction in which complainant has submitted in Paragraph 3 of Rules of Procedure. (Generally, this jurisdiction is either location of principal office and of address like shown in Whois database. You can see Paragraphs 1 & 3 of Rules of the Procedure for complete details.) Suppose we get such documentation in 10 business day, we won’t implement Administrative Panel’s, and we cannot take any further action, till we get evidence satisfactory of the resolution between parties; (ii) proof very satisfactory for us that the lawsuit is dismissed and withdrawn; and (iii) copy of order from court dismissing the lawsuit and ordering that you don’t have right to continue using the domain name.

Other Disputes & Litigation: Other disputes between any party and you other than us about the domain name registration, which aren’t brought pursuant to mandatory administrative provisions of the Paragraph 4 will get resolved between you or other party through court, arbitration and other proceeding that can be accessible.

Involvement in the Disputes: We won’t participate at any way for any dispute from you & any party than us about the use and registration of the domain name. You won’t name us as the party or include us at such proceeding. In an event we’re named as the party in such proceeding, we generally reserve right to increase any or all defenses deemed right, and take other action essential to completely defend ourselves.

Maintaining Status Quo: We won’t cancel, activate, deactivate, transfer, and change status of any of the domain name registration in this Policy except given in Paragraph 3.

Transfers of the Domain Name to New Holder: You cannot transfer the domain name registration on other holder (i) during pending proceeding that is brought pursuant to the Paragraph 4 and for the period of 15 business days (like observed in location of principal place of the business) after this proceeding is been concluded; and (ii) during pending court proceeding and arbitration commenced about domain name till party to whom domain name registration getting transferred agrees, for writing, bound by decision of court and arbitrator. We also reserve right to cancel up any transfer of the domain name registration on other holder, which is made in the violation of subparagraph. Changing Registrars: You cannot transfer the domain name registration at other registrar during the pending proceeding that is brought pursuant to the Paragraph 4 and for period of 15 business days (like observed in location of principal place of the business) after this proceeding is been concluded. You can transfer the administration of domain registration to other registrar during the pending action and arbitration, given that domain name you’ve registered with us will continue being subject to proceedings commenced for you with terms of the Policy. In an event you transfer the domain name registration for us during pendency of the court action and arbitration, this dispute will stay subject to domain dispute policy of a registrar from that domain name registration gets transferred.

We also reserve right to modify the Policy any time with permission of the ICANN. We can post the revised Policy on www.MarkCount.com/legal/agreement before thirty calendar days it gets effective. Unless the Policy has been invoked by submission of the complaint to Provider, where event version of a Policy at a time this was invoked can apply to you till dispute is completed, all these changes can be binding on you with complete respect to domain registration dispute, if dispute come before, on and after effective date of the change. In an event you object to the change in Policy, your only remedy is cancelling the domain name registration to us, given you won’t get entitled to refund on any fees that you have paid. Revised Policy can apply to you till you cancel the domain registration. Review our Terms & Conditions: Registration Agreement, Disclaimer, & Privacy Policy.