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SEC.
3002. CYBERPIRACY PREVENTION.
(a)
IN GENERAL.: Section 43 of the Trademark Act
of 1946 (15
U.S.C. 1125)
is amended by inserting at the end the
following:
"(d)(1)(A)
A person shall be liable in a civil action by
the owner of a mark, including a personal name
which is protected as a mark under this section,
if, without regard to the goods or services of
the parties, that person
"(i)
has a bad faith intent to profit from that mark,
including a personal name which is protected as
a mark under this section; and
"(ii)
registers, traffics in, or uses a domain name
that
"(I)
in the case of a mark that is distinctive at
the time of registration of the domain name,
is identical or confusingly similar to that
mark;
"(II)
in the case of a famous mark that is famous
at the time of registration of the domain
name, is identical or confusingly similar to
or dilutive of that mark; or
"(III)
is a trademark, word, or name protected by
reason of section 706 of title 18, United
States Code, or section 220506 of title 36,
United States Code.
"(B)(i)
In determining whether a person has a bad faith
intent described under subparagraph (A), a court
may consider factors such as, but not limited
to
"(I)
the trademark or other intellectual property
rights of the person, if any, in the domain
name;
"(II)
the extent to which the domain name consists
of the legal name of the person or a name
that is otherwise commonly used to identify
that person;
"(III)
the person's prior use, if any, of the domain
name in connection with the bona fide
offering of any goods or services;
"(IV)
the person's bona fide noncommercial or fair
use of the mark in a site accessible under
the domain name;
"(V)
the person's intent to divert consumers from
the mark owner's online location to a site
accessible under the domain name that could
harm the goodwill represented by the mark,
either for commercial gain or with the intent
to tarnish or disparage the mark, by creating
a likelihood of confusion as to the source,
sponsorship, affiliation, or endorsement of
the site;
"(VI)
the person's offer to transfer, sell, or
otherwise assign the domain name to the mark
owner or any third party for financial gain
without having used, or having an intent to
use, the domain name in the bona fide
offering of any goods or services, or the
person's prior conduct indicating a pattern
of such conduct;
"(VII)
the person's provision of material and
misleading false contact information when
applying for the registration of the domain
name, the person's intentional failure to
maintain accurate contact information, or the
person's prior conduct indicating a pattern
of such conduct;
"(VIII)
the person's registration or acquisition of
multiple domain names which the person knows
are identical or confusingly similar to marks
of others that are distinctive at the time of
registration of such domain names, or
dilutive of famous marks of others that are
famous at the time of registration of such
domain names, without regard to the goods or
services of the parties; and:
"(IX)
the extent to which the mark incorporated in
the person's domain name registration is or
is not distinctive and famous within the
meaning of subsection (c)(1) of section
43.
"(ii)
Bad faith intent described under sub-paragraph
(A) shall not be found in any case in which the
court determines that the person believed and
had reasonable grounds to believe that the use
of the domain name was a fair use or otherwise
lawful.
"(C)
In any civil action involving the registration,
trafficking, or use of a domain name under this
paragraph, a court may order the forfeiture or
cancellation of the domain name or the transfer
of the domain name to the owner of the
mark.
"(D) A
person shall be liable for using a domain name
under subparagraph (A) only if that person is
the domain name registrant or that registrant's
authorized licensee.
"(E)
As used in this paragraph, the term 'traffics
in' refers to transactions that include, but are
not limited to, sales, purchases, loans,
pledges, licenses, exchanges of currency, and
any other transfer for consideration or receipt
in exchange for consideration.
"(2)(A)
The owner of a mark may file an in rem civil
action against a domain name in the judicial
district in which the domain name reg-istrar,
domain name registry, or other domain name
authority that registered or assigned the domain
name is located if:
"(i)
the domain name violates any right of the owner
of a mark registered in the Patent and Trademark
Office, or protected under subsection (a) or
(c); and
"(ii)
the court finds that the owner
"(I)
is not able to obtain in personam
jurisdiction over a person who would have
been a defendant in a civil action under
paragraph (1); or
"(II)
through due diligence was not able to find a
person who would have been a defendant in a
civil action under paragraph (1)
by
"(aa)
sending a notice of the alleged violation
and intent to proceed under this paragraph
to the registrant of the domain name at
the postal and e-mail address provided by
the registrant to the registrar;
and:
"(bb)
publishing notice of the action as the
court may direct promptly after filing the
action.
"(B)
The actions under subparagraph (A)(ii) shall
constitute service of process.
"(C)
In an in rem action under this paragraph,
a domain name shall be deemed to have its situs
in the judicial district in which:
"(i)
the domain name registrar, registry, or other
domain name authority that registered or
assigned the domain name is located;
or
"(ii)
documents sufficient to establish control and
authority regarding the disposition of the
registration and use of the domain name are
deposited with the court.
"(D)(i)
The remedies in an in rem action under
this paragraph shall be limited to a court order
for the forfeiture or cancellation of the domain
name or the transfer of the domain name to the
owner of the mark. Upon receipt of written
notification of a filed, stamped copy of a
complaint filed by the owner of a mark in a
United States district court under this
paragraph, the domain name registrar, domain
name registry, or other domain name authority
shall:
"(I)
expeditiously deposit with the court
documents sufficient to establish the court's
control and authority regarding the
disposition of the registration and use of
the domain name to the court; and
"(II)
not transfer, suspend, or otherwise modify
the domain name during the pendency of the
action, except upon order of the
court.
"(ii)
The domain name registrar or registry or other
domain name authority shall not be liable for
injunctive or monetary relief under this
paragraph except in the case of bad faith or
reckless disregard, which includes a willful
failure to comply with any such court
order.
"(3)
The civil action established under paragraph (1)
and the in rem action established under
paragraph (2), and any remedy available under
either such action, shall be in addition to any
other civil action or remedy otherwise
applicable.
"(4)
The in rem jurisdiction established under
paragraph (2) shall be in addition to any other
jurisdiction that otherwise exists, whether
in rem or in
personam.".
(b)
CYBERPIRACY PROTECTIONS FOR
INDIVIDUALS.:
(1)
IN GENERAL.:
(A)
CIVIL LIABILITY.: Any person who registers a
domain name that consists of the name of another
living person, or a name substantially and
confusingly similar thereto, without that
person's consent, with the specific intent to
profit from such name by selling the domain name
for financial gain to that person or any third
party, shall be liable in a civil action by such
person.
(B)
EXCEPTION.: A person who in good faith
registers a domain name consisting of the name
of another living person, or a name
substantially and confusingly similar thereto,
shall not be liable under this paragraph if such
name is used in, affiliated with, or related to
a work of authorship protected under title 17,
United States Code, including a work made for
hire as defined in section 101 of title 17,
United States Code, and if the person
registering the domain name is the copyright
owner or licensee of the work, the person
intends to sell the domain name in conjunction
with the lawful exploitation of the work, and
such registration is not prohibited by a
contract between the registrant and the named
person. The exception under this subparagraph
shall apply only to a civil action brought under
paragraph (1) and shall in no manner limit the
protections afforded under the Trademark Act of
1946 (15
U.S.C. 1051 et
seq.)
or other provision of Federal or State
law.
(2)
REMEDIES.: In any civil action brought under
paragraph (1), a court may award injunctive
relief, including the forfeiture or cancellation
of the domain name or the transfer of the domain
name to the plaintiff. The court may also, in
its discretion, award costs and attorneys fees
to the prevailing party.
(3)
DEFINITION.: In this subsection, the term
"domain name" has the meaning given that term in
section 45 of the Trademark Act of 1946
(15
U.S.C. 1127).
(4)
EFFECTIVE DATE.: This subsection shall apply
to domain names registered on or after the date
of the enactment of this Act.
SEC.
3003. DAMAGES AND REMEDIES.
(a)
REMEDIES IN CASES OF DOMAIN NAME
PIRACY.:
(1)
INJUNCTIONS.: Section 34(a) of the
Trademark Act of 1946 (15
U.S.C. 1116(a))
is amended in the first sentence by striking
"(a) or (c)" and inserting "(a), (c), or
(d)".
(2)
DAMAGES.: Section 35(a) of the Trademark
Act of 1946 (15
U.S.C. 1117(a))
is amended in the first sentence by inserting
", (c), or (d)" after "section
43(a)".
(b)
STATUTORY DAMAGES.: Section 35 of the
Trademark Act of 1946 (15
U.S.C. 1117)
is amended by adding at the end the
following:
"(d)
In a case involving a violation of section
43(d)(1), the plaintiff may elect, at any
time before final judgment is rendered by the
trial court, to recover, instead of actual
damages and profits, an award of statutory
damages in the amount of not less than $1,000
and not more than $100,000 per domain name,
as the court considers just.
SEC.
3004. LIMITATION ON LIABILITY.
Section
32(2) of the Trademark Act of 1946
(15
U.S.C. 1114)
is amended&emdash;
(1)
in the matter preceding subparagraph (A) by
striking "under section 43(a)" and inserting
"under section 43(a) or (d)"; and
(2)
by redesignating subparagraph (D) as
sub-paragraph (E) and inserting after
subparagraph (C) the following:
"(D)(i)(I)
A domain name registrar, a domain name registry,
or other domain name registration authority that
takes any action described under clause (ii)
affecting a domain name shall not be liable for
monetary relief or, except as provided in
subclause (II), for injunctive relief, to any
person for such action, regardless of whether
the domain name is finally determined to
infringe or dilute the mark.
"(II)
A domain name registrar, domain name registry,
or other domain name registration authority
described in subclause (I) may be subject to
injunctive relief only if such registrar,
registry, or other registration authority
has&emdash;
"(aa)
not expeditiously deposited with a court, in
which an action has been filed regarding the
disposition of the domain name, documents
sufficient for the court to establish the
court's control and authority regarding the
disposition of the registration and use of
the domain name;
"(bb)
transferred, suspended, or otherwise modified
the domain name during the pendency of the
action, except upon order of the court;
or
"(cc)
willfully failed to comply with any such
court order.
"(ii)
An action referred to under clause (i)(I) is any
action of refusing to register, removing from
registration, transferring, temporarily
disabling, or permanently canceling a domain
name:
"(I)
in compliance with a court order under
section 43(d); or
"(II)
in the implementation of a reasonable policy
by such registrar, registry, or authority
prohibiting the registration of a domain name
that is identical to, confusingly similar to,
or dilutive of another's mark.
"(iii)
A domain name registrar, a domain name registry,
or other domain name registration authority
shall not be liable for damages under this
section for the registration or maintenance of a
domain name for another absent a showing of bad
faith intent to profit from such registration or
maintenance of the domain name.
"(iv)
If a registrar, registry, or other registration
authority takes an action described under clause
(ii) based on a knowing and material
mis-representation by any other person that a
domain name is identical to, confusingly similar
to, or dilutive of a mark, the person making the
knowing and material misrepresentation shall be
liable for any damages, including costs and
attorney's fees, incurred by the domain name
registrant as a result of such action. The court
may also grant injunctive relief to the domain
name registrant, including the reactivation of
the domain name or the transfer of the domain
name to the domain name registrant.
"(v) A
domain name registrant whose domain name has
been suspended, disabled, or transferred under a
policy described under clause (ii)(II) may, upon
notice to the mark owner, file a civil action to
establish that the registration or use of the
domain name by such registrant is not unlawful
under this Act. The court may grant injunctive
relief to the domain name registrant, including
the reactivation of the domain name or transfer
of the domain name to the domain name
registrant.".
SEC.
3005. DEFINITIONS.
Section
45 of the Trademark Act of 1946
(15
U.S.C. 1127)
is amended by inserting after the undesignated
paragraph defining the term "counterfeit" the
following:
"The
term 'domain name' means any alpha-numeric
designation which is registered with or assigned
by any domain name registrar, domain name
registry, or other domain name registration
authority as part of an electronic address on
the Internet.
"The
term 'Internet' has the meaning given that term
in section 230(f )(1) of the Communications Act
of 1934 (47 U.S.C. 230(f )(1)).".
SEC.
3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS
INVOLVING PERSONAL NAMES.
(a)
IN GENERAL.&emdash;Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Commerce, in consultation with the
Patent and Trademark Office and the Federal
Election Commission, shall conduct a study and
report to Congress with recommendations on
guidelines and procedures for resolving disputes
involving the registration or use by a person of
a domain name that includes the personal name of
another person, in whole or in part, or a name
confusingly similar thereto, including
consideration of and recommendations
for:
(1)
protecting personal names from registration
by another person as a second level domain
name for purposes of selling or otherwise
transferring such domain name to such other
person or any third party for financial
gain;
(2)
protecting individuals from bad faith uses of
their personal names as second level domain
names by others with malicious intent to harm
the reputation of the individual or the
goodwill associated with that individual's
name;
(3)
protecting consumers from the registration
and use of domain names that include personal
names in the second level domain in manners
which are intended or are likely to confuse
or deceive the public as to the affiliation,
connection, or association of the domain name
registrant, or a site accessible under the
domain name, with such other person, or as to
the origin, sponsorship, or approval of the
goods, services, or commercial activities of
the domain name registrant;
(4)
protecting the public from registration of
domain names that include the personal names
of government officials, official candidates,
and potential official candidates for
Federal, State, or local political office in
the United States, and the use of such domain
names in a manner that disrupts the electoral
process or the public's ability to access
accurate and reliable information regarding
such individuals;
(5)
existing remedies, whether under State law or
otherwise, and the extent to which such
remedies are sufficient to address the
considerations described in paragraphs (1)
through (4); and (6) the guidelines,
procedures, and policies of the Internet
Corporation for Assigned Names and Numbers
and the extent to which they address the
considerations described in paragraphs (1)
through (4).
(b)
GUIDELINES AND PROCEDURES.&emdash;The
Secretary of Commerce shall, under its
Memorandum of Understanding with the Internet
Corporation for Assigned Names and Numbers,
collaborate to develop guidelines and procedures
for resolving disputes involving the
registration or use by a person of a domain name
that includes the personal name of another
person, in whole or in part, or a name
confusingly similar thereto.
SEC.
3007. HISTORIC PRESERVATION.
Section
101(a)(1)(A) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(1)(A)) is
amended by adding at the end the
following:
"Notwithstanding
section 43(c) of the Act entitled 'An Act to
provide for the registration and protection of
trademarks used in commerce, to carry out the
provisions of certain international conventions,
and for other purposes', approved July 5, 1946
(commonly known as the 'Trademark Act of 1946'
(15 U.S.C. 1125(c))), buildings and structures
on or eligible for inclusion on the National
Register of Historic Places (either individually
or as part of a historic district), or
designated as an individual landmark or as a
contributing building in a historic district by
a unit of State or local government, may retain
the name historically associated with the
building or structure.".
SEC.
3008. SAVINGS CLAUSE.
Nothing
in this title shall affect any defense available
to a defendant under the Trademark Act of 1946
(including any defense under section 43(c)(4) of
such Act or relating to fair use) or a person's
right of free speech or expression under the
first amendment of the United States
Constitution.
SEC.
3009. TECHNICAL AND CONFORMING
AMENDMENTS.
Chapter
85 of title 28, United States Code, is amended
as follows:
(1)
Section 1338 of title 28, United States Codes,
is amended:
(A)
in the section heading by striking
"trademarks" and inserting
"trademarks";
(B)
in subsection (a) by striking "trademarks"
and inserting "trademarks"; and
(C)
in subsection (b) by striking "trademark" and
inserting "trademark".
(2)
The item relating to section 1338 in the table
of sections for chapter 85 of title 28, United
States Code, is amended by striking "trademarks"
and inserting "trademarks".
SEC.
3010. EFFECTIVE DATE.
Sections
3002(a), 3003, 3004, 3005, and 3008 of this
title shall apply to all domain names registered
before, on, or after the date of the enact-ment
of this Act, except that damages under
subsection (a) or (d) of section 35 of the
Trademark Act of 1946 (15 U.S.C. 1117), as
amended by section 3003 of this title, shall not
be available with respect to the registration,
trafficking, or use of a domain name that occurs
before the date of the enactment.
END
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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 (a)
the statements that you made in your
Registration Agreement are complete and
accurate; (b) to your knowledge, the
registration of the domain name will not
infringe upon or otherwise violate the rights of
any third party; (c) you are not registering the
domain name for an unlawful purpose; and (d) 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:
a.
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;
b.
our receipt of an order from a court or
arbitral tribunal, in each case of competent
jurisdiction, requiring such
action; and/or
c.
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 Paragraphh 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 at www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
a.
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
(i)
your domain name is identical or confusingly
similar to a trademark or service mark in
which the complainant has rights; and
(ii)
you have no rights or legitimate interests in
respect of the domain name; and
(iii)
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.
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 a domain name in bad
faith:
(i)
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
(ii)
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
(iii)
you have registered the domain name primarily
for the purpose of disrupting the business of
a competitor; or
(iv)
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.
c.
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):
(i)
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
(ii)
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 at
issue; or
(iii)
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.
d.
Selection of Provider.
The
complainant shall select the Provider from among
those provided 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
Selection of Administrative Panel. The Rules
of Procedure state the process for initiating
and conducting a proceeding and for selecting
the panel that will decide the dispute (the
"Administrative Panel").
f.
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.
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 complanant, except in cases
where you elect to expand the number of
panelists on an 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.
h.
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.
i.
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.
j.
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.
k.
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 (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.
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.
a.
Transfers of a Domain Name to a New Holder. 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 fifteen (15)
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.
b.
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) calendar 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 or
transfer your domain name registration.
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