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Answers
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Purchasing
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How much do domain packages cost?
$10 per month per domain.
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Is anything else included in the $10 monthly fee?
Yes: Lots of options! Your $10 monthly fee covers not only your .WS "WebSite" domain name, but everything needed to make full use of it. You can use our hosting services, forward your domain to another location, leave it parked with a simple construction screen, or use our simple SiteBuilder tool to help you design a great WebSite in minutes. All these options include email services. Of course, you always have the option of using your own hosting company as well!
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What forms of payment can I use?
You may use PayPal or any of the following major credit cards: American Express, Discover, JCB, MasterCard, or Visa. You may also use debit cards tied to a checking or savings account.
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Do you offer any other products?
We offer the following products at an additional cost. Note: Shipping and handling is not included in the listed prices:
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| Leads packages: |
| 10 Phone verified leads | $30.00 |
| 50 Phone verified leads | $150.00 |
| 100 Phone verified leads | $300.00 |
| |
| DVD Packages: |
| 1-DVD Package | $2.95 |
| 3-DVD Package | $8.85 |
| 10-DVD Package | $29.50 |
| 50-DVD Package | $147.50 |
| 100-DVD Package | $295.00 |
| |
| DVD and Lead Packages: |
| 3-DVDs & 3 Phone verified leads | $17.85 |
| 10-DVDs & 10 Phone verified leads | $59.50 |
| 50-DVDs & 50 Phone verified leads | $282.63 |
| 100-DVDs & 100 Phone verified leads | $535.50 |
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| GDI Business
Cards: |
| 1000 cards |
$49.95 |
| 2500 cards |
$79.00 |
| 5000 cards |
$129.00 |
| 10,000 cards |
$229.00 |
| 15,000 cards |
$329.00 |
| 20,000 cards |
$429.00 |
| 25,000 cards |
$529.00 |
| 50,000 cards |
$995.00 |
| 100,000 cards |
$1,975.00 |
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I selected to
change my billing plan type. When will the
change take effect?
Changes to a domain's billing
plan will take effect upon completion of the
respective domain's current Paid Through date.
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I changed my mind
and no longer wish to change my billing plan
type. How can I undo a change I
submitted?
Simply
use the Change Plan
link set the billing type back to the "current"
plan type.
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Affiliates
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What is an
Affiliate?
Becoming
an affiliate allows you to make money by
reselling our product. You will earn 10% of
sales directly referred by you and 10% on each
of 4 additional "layers" of affiliate sales.
Check out the income calculator to get an idea
of what your potential monthly income could be.
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I don't want to
SELL anything. That said, how do I build my
business?
That is
the beauty of our program. YOU don't sell
anything, WE do all the selling for you. Just
enter the names and email addresses of the
people you know personally online, and we'll
send a personalized email to them, from YOU,
which directs them to a fully personalized,
dynamic flash presentation. If you prefer, you
can alternatively send them directly to your
free WebSite.ws Affiliate WebSite, which will be
identical to the one you are looking at right
now, but tracked to YOU, so you get the credit
for all sign ups.
(PLEASE
NOTE: Using our automated form requires
pre-existing contact with those you choose to
invite. We follow and STRICTLY ENFORCE A ZERO
TOLERANCE policy regarding unsolicited SPAM
emails - so make sure that you have had prior
communication with anyone you decide to
invite).
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How can I see who
signed up under me and how much commissions are
owed to me?
You
will have 24/7 access to REAL TIME REPORTING on
all hits to your agent WebSite, all trials
placed, and all active customers, as well as
complete downline reporting, selectable by layer
(1 through 5), and all current and past
commissions due to you. You will also have
contact information for your UPLINE SPONSORS, so
you can email them and learn about their
successes, as well as contact information for
your DOWNLINE (network) members, so you may
email them and tell them of your successful
experiences.
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As an Affiliate, do
I need to send in any paperwork?
Yes. The required simple
documentation can easily be accessed from within
your account. However, you may begin building
your business immediately (before we receive
your documents).
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What is the
"Invite" section, and how do I use it?
The Invite section allows you
to send customized emails to prospects, which
must be people with whom you have had prior
contact. You can also purchase opt-in email
lists in the Leads section of your Members Area.
Please note, we will not tolerate Spam of any
kind from our affiliates. Violation of our Spam
policy will result in immediate and permanent
deactivation of your account without
reimbursement.
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What is an
"Upline?"
Your
upline is comprised of the people through which
you were referred to our company. Your upline
can be a valuable source of information for
networking and brainstorming ways to increase
your revenue.
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What is a
"Downline?"
Your
downline is comprised of the people who were
referred to our company through you. The people
in your downline represent those for which you
will earn commissions for purchases they make.
Information in your downline is updated in real
time so you always have the latest details
available to you, 24/7.
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How can I use the
banners?
Banners
allow you to place advertisements on your
WebSites promoting our product offering. You
will earn money whenever purchases are made with
us by people who clicked on your banners.
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What are the hit
logs?
The hit logs
allow you to see how much traffic your affiliate
links are generating. They will show you the
date and time, the IP address, and the referring
URL of any hits to your WebSite.ws affiliate
page.
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How do I earn
commissions?
It's
simple. You earn commissions for any sale
referred through your affiliate link up to five
layers deep.
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How often will I
receive commissions?
Commission payouts are sent
on or before the 15th of every month provided
your commission balance meets your selected
minimum payout amount. The lowest minimum payout
limit you can select is $10 USD. Commission
totals less than your selected minimum payout
amount will be carried over until such time as
your balance meets your selected minimum.
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What methods can I
select from to receive commissions?
We currently offer
commissions payments by mailed check, bank wire,
or PayPal.
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Where can I change
how commissions are paid to me?
You may update your Preferred
Commission Method and Minimum Payout Amount at
any time from within your account. Simply click
the Preferred
Commission link along the left edge of our
WebSite.
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What happens to
unpaid commissions if I deactivate my
account?
All unpaid
commissions (if any) are automatically forfeited
if you deactivate your account.
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Domains
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Do you offer
hosting services?
Yes, we do offer self service
hosting.
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How do I purchase
hosting?
There is
no additional charge for hosting. It is included
in your $10 monthly fee for the respective
domain.
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What is
FTP?
FTP stands for
File Transfer Protocol. It's simply how you move
files from your personal computer to our servers
so the rest of the world can see your WebSite.
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How do I transfer
my domain to my hosting company?
If you already have a hosting
company you prefer to use, you can point your
.WS domain to their nameservers from within your
account. There is no additional fee for
specifying your own nameservers.
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I have entered my
DNS information, why isn't my domain
resolving?
Make
sure you wait a minimum of 24 hours before
becoming concerned. The Internet is comprised of
millions of inter-connected computers. It
generally takes 24-72 hours before new DNS
information works its way to all of them.
However, if you use our SiteBuilder web
templates, your site will be viewable anywhere
in the world within minutes!
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What is domain
privacy?
Domain
Privacy prevents your personal information from
displaying in the public whois. The law requires
accurate and verifiable whois information for
your domain at all times. We change your
information to our own, but you still retain
ownership of the domain.
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Is domain privacy
available for all TLDs?
It is not available for
these TLDS .bz, .cn, .in, .us.
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Will I still be
the domain owner?
Yes, even though our
information is displayed in the whois, you
retain ownership of the domain.
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How much does it
cost?
The cost is
$1 per month.
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Can I purchase the
Domain Privacy Service to a domain I already
have registered?
Yes. Simply click on the add
icon located in the Domain Privacy column. The
domain has been already selected. If you wish to
add the service to additional domains click the
checkboxes and press the "Continue" button.
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Can I disable this
service at anytime?
Once you purchase the
service, you can disable or enable it at
anytime. Refunds will not be issued if the
service is disabled.
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How can I disable
domain privacy?
Click on the checkmark icon
for the domain you wish to disable the service.
On the next page, select the "Disabled" radio
button and press the "Update" button.
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I've already
purchased domain privacy and it's currently
disabled. How can I enable it?
Click on the minus icon for
the selected domain. On the next page, select
the "Enabled" radio button and press the
"Update" button.
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Is this service
refundable?
All
charges are non-refundable.
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What happens if
someone wants to contact me about my domain when
domain privacy is enabled?
Anyone wanting to contact
you from the whois information will email us
first, and that email will be automatically
forwarded to you.
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Where can I get
more information on this service?
You can go to http://privatedomainregistrations.ws
for more information.
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Forwarding
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How much is URL
forwarding?
There
is no additional charge for URL forwarding. If
you wish to forward your new .ws domain to
another existing domain name or WebSite, you may
do so at any time. This service is included in
your $10 monthly fee for the respective domain.
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How do I setup URL
forwarding?
You
may specify a destination URL to which you want
your domain name to forward from within your
account at any time.
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Email
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How do I setup email for my
domain?
Simply
click the email link from within your account.
Please note, our email services will only work
for domains pointing to our servers. If you are
using another hosting company, they will provide
email services for your domain.
You
may choose any of 4 (four) options for each
email address you create using your .ws
domain(s):
| 1) |
WebMail: Check your
email on the web via
www.Email.ws. This simple yet full-featured
webmail system works just like "Hotmail" or
"Yahoo" webmail. |
| 2) |
Forward Email: With this
setting, if someone sends a message to
whatever@yourdomain.ws , you can choose to have
it forwarded to any existing email account you
currently use. Set up forwarding for any email
address from within email.ws. |
| 3) |
POP: This option allows
you to download your email directly using an
email program of your own. NOTE: If you choose
to download your mail, it will be removed from
your WebMail interface. Instructions on
accessing your email via POP are included with
each setup email you receive, as well as the
Help section at email.ws. |
| 4) |
IMAP: This is the newer
client-server protocol. Instructions on
accessing your email via IMAP are included with
each setup email you receive, as well as the
Help section at
email.ws. |
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How many email addresses can
I create?
You may
create a maximum of 10 email addresses per
domain.
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How much space do I get for
each one?
1
Gigabyte.
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How do I read my
email?
Sign into
your mailbox at http://email.ws.
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How do I set up POP or
IMAP?
From within
the email client you wish to use, you will need
to enter the following information:
| 1) |
Incoming Mail Server
-> email.ws |
| 2) |
Outgoing Mail Server -
Provided by your ISP |
| 3) |
Account Name ->
Email.ws address you are using to
setup |
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Can I use your email service
while my domain is hosted with a different
company?
No. Our
email service will only work for domains
pointing to our servers. If you are using
another hosting company, they will provide email
services for your domain.
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SiteBuilder
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What is
SiteBuilder?
SiteBuilder is our template
driven WebSite design interface. It easily
allows you to get a WebSite up-and-running in
minutes without using special software.
Everything is completed from within your
Internet browser.
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How many pages can
my WebSite have?
Our SiteBuilder program
allows an unlimited number of pages. Please keep
in mind that some templates may have a maximum
number of page tabs that can be displayed in the
navigation bar of your site though. For this
reason, we suggest testing different templates
to see which works best for your site content.
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How much space do
I get for files needed to build my
WebSite?
100
megabytes. However, most .WS user WebSites
utilize only a fraction of this available space.
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Can I make changes
to my site at anytime?
Absolutely.
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How long will it
take for the changes to take effect?
Most changes will take
effect within 15 minutes.
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Can I upload my
own HTML pages for use with
SiteBuilder?
No.
If you have your own HTML pages, you will want
to use our hosting option instead of
SiteBuilder. There is no additional fee for
doing so. Both options are included in your $10
monthly fee for the respective domain.
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Account Information
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How do I make
changes to my personal contact
information?
Simply click the "Account
Info" link from within your account.
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How do I change my
password?
This is
also changed from within "Account Info". Scroll
down to the section titled "Change Password".
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Where can I update
my payment information?
This is also changed from
within "Account Info". Scroll down to the bottom
of the page where you will see the "Preferred
Payment Method" section.
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Canceling
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How can I cancel
company mailings without canceling my full
account?
Most
company mailings contain removal links, but you
may also opt out of mailings from within your
account. You may also reinstate mailings from
which you previously removed yourself. Click here
to jump to your email preferences section.
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How can I cancel
one of my domains without canceling my full
account?
If you
have multiple domains and wish to cancel one of
them, click here
to jump to our Support Request Form. Simply
indicate in the body of the email the domain you
no longer wish to be charged for. Please Note:
You must have at least one registered domain to
keep your account active. If you wish to cancel
the only domain on your account, please see How can I cancel my
account in full?
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How can I cancel
my account in full?
For security purposes, all
cancellations must be completed by telephone; no
exceptions. You can reach the cancellation
support department by calling (760) 602-3000 and
choosing the appropriate menu option between
Monday and Friday from 8-5 Pacific Time, and we
will gladly assist you. Alternate methods of
cancellation will not be accepted.
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Will you refund my
latest monthly fee if I cancel?
No, nor do we offer
pro-rated refunds. All charges are
non-refundable. We do promise no additional fees
will be charged for your account once it has
been canceled.
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Support
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Policies
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Spam
Policy
At
WebSite.ws, we are fully aware of our
responsibilities as honorable Internet citizens,
and we maintain a ZERO TOLERANCE Spam Policy
accordingly. We are highly sensitive to the
privacy of and are dedicated to protecting the
rights of all Internet citizens. We vigorously
oppose the sending of unsolicited e-messages
(Spam) and will make every effort to enforce our
strict Anti-Spam policies.
WebSite.ws does NOT allow
anyone to use our products or services for the
purpose of sending Spam, nor do we allow our
products or services to be referenced in Spam.
If a customer sends Spam to anyone, his or her
account will be terminated.
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Definition of
Spam
Spam is ANY
and ALL unsolicited e-mail or alternative
electronic messages. Any promotion, information,
or solicitation sent to a person without their
DIRECT prior consent is Spam. Examples of Spam
(consist of, but are NOT limited to):
Any
e-message is Spam if sent to a recipient who had
previously signed up to receive newsletters,
product information, or any other type of
e-message, but later opted-out by indicating to
the sender they no longer wish to receive
additional e-messages.
Any e-message sent to
recipients that have had no prior association
with the sender or did not DIRECTLY agree to be
contacted by the sender is Spam.
Any e-message sent to
recipients obtained from "opt-in" lists with
whom the sender has no prior association is
Spam.
Any e-message sent
to a recipient without a clear way for a person
to opt-out or request future messages not be
sent to them, is Spam.
Any e-message sent or posted
via chat rooms, instant messaging systems,
newsgroups, message boards, or Usenet is
Spam.
Any e-message that
does not have a valid reply-to address is Spam.
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What is NOT
Spam?
A message is
NOT Spam if the recipient directly requested
information be sent to them from the sender or
the sender's organization, and that recipient
has not subsequently asked for removal from
their list.
If you are unsure as to
whether a particular e-message violates this
policy, the e-message will most likely be
considered Spam. If you have any questions about
our Anti-Spam Policy, or if you want to report a
violation of our policies, please contact
.
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What other
requirements must be followed to be compliant
with GDI's Anti-Spam Policies?
All e-messages sent
(including, but in no way limited to anything
you reply to) with any mention of or linking in
any way to our products, services, offerings, or
anything whatsoever tied to our company must
include the direct link to our Global Remove
Database. You may include other removal links in
your messages, but they cannot be used in place
of our link. Failure to clearly include our
removal link is a direct violation of our
Anti-Spam policies.
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What is the direct
link to GDI's Global Remove Database?
The direct link is:
http://mail.global-site-communications.ws/delete.cgi?email=EMAIL_ADDRESS_TO_REMOVE
The
"EMAIL_ADDRESS_TO_REMOVE" must be replaced with
the recipient's actual email address.
the proper link to use would be:
the proper link to use would be:
And so on.
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I heard about a
United States federal law about Spam. What is
this law?
This is
known as the Can-Spam Act. You can find details
about this legislation at http://www.spamlaws.com/federal/index.shtml.
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How does the
Can-Spam Act work with GDI's Anti-Spam
Policies?
All
e-messages sent (including, but in no way
limited to anything you reply to) with any
mention of or linking in any way to our
products, services, offerings, or anything
whatsoever tied to our company must include the
direct link to our Global Remove Database. You
may include other removal links in your
messages, but they cannot be used in place of
our link. Failure to clearly include our removal
link is a direct violation of our Anti-Spam
policies.
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Does GDI's
Anti-Spam Policy change?
Yes, though we will never
remove requirements. We can and do occasionally
add new requirements. Be sure to check back
often to ensure your marketing methods are
always compliant.
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Trademark and Name
Disputes
1.
Registrant certifies that he or she has legal
right to the name being registered, and that use
of the domain name selected does not violate any
copyrights, trademarks or service marks.
2.
Registrant understands that WebSite.ws is not
responsible for verifying ownership for any name
registered, and that WebSite.ws will not become
involved in any dispute over domain name
registration rights.
3. In the event of a dispute
over a domain name registration, involvement
will be limited to providing registrant contact
information to the disputing party.
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Dispute
Policy
Uniform Domain Name Dispute
Resolution Policy
(As Approved by ICANN on
October 24, 1999)
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"), which are available
at www.icann.org/udrp/udrp-rules-24oct99.htm,
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 (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 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 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;
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 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 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 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.
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) 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 here 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.
Addition
information regarding the Uniform Domain Name
Dispute Resolution Policy and Rules may be found
at http://www.icann.org/udrp/udrp.htm.
Rules for
Uniform Domain Name Dispute Resolution Policy
(the "Rules")
(As Approved by ICANN on
October 24, 1999)
Administrative
proceedings for the resolution of disputes under
the Uniform Dispute Resolution Policy adopted by
ICANN shall be governed by these Rules and also
the Supplemental Rules of the Provider
administering the proceedings, as posted on its
web site.
1. Definitions
In these
Rules:
Complainant means the
party initiating a complaint concerning a
domain-name registration.
ICANN refers to the
Internet Corporation for Assigned Names and
Numbers.
Mutual Jurisdiction
means a court jurisdiction at the location of
either (a) the principal office of the Registrar
(provided the domain-name holder has submitted
in its Registration Agreement to that
jurisdiction for court adjudication of disputes
concerning or arising from the use of the domain
name) or (b) the domain-name holder's address as
shown for the registration of the domain name in
Registrar's Whois database at the time the
complaint is submitted to the
Provider.
Panel means an
administrative panel appointed by a Provider to
decide a complaint concerning a domain-name
registration.
Panelist means an
individual appointed by a Provider to be a
member of a Panel.
Party means a
Complainant or a Respondent.
Policy means the Uniform
Domain Name Dispute Resolution Policy that is
incorporated by reference and made a part of the
Registration Agreement.
Provider means a
dispute-resolution service provider approved by
ICANN. A list of such Providers appears at
www.icann.org/udrp/approved-providers.htm.
Registrar means the
entity with which the Respondent has registered
a domain name that is the subject of a
complaint.
Registration Agreement
means the agreement between a Registrar and a
domain-name holder.
Respondent means the
holder of a domain-name registration against
which a complaint is initiated.
Reverse Domain Name
Hijacking means using the Policy in bad
faith to attempt to deprive a registered
domain-name holder of a domain
name.
Supplemental Rules means
the rules adopted by the Provider administering
a proceeding to supplement these Rules.
Supplemental Rules shall not be inconsistent
with the Policy or these Rules and shall cover
such topics as fees, word and page limits and
guidelines, the means for communicating with the
Provider and the Panel, and the form of cover
sheets.
2. Communications
(a)
When forwarding a complaint to the Respondent,
it shall be the Provider's responsibility to
employ reasonably available means calculated to
achieve actual notice to Respondent. Achieving
actual notice, or employing the following
measures to do so, shall discharge this
responsibility:
(i)
sending the complaint to all postal-mail and
facsimile addresses (A) shown in the domain
name's registration data in Registrar's Whois
database for the registered domain-name holder,
the technical contact, and the administrative
contact and (B) supplied by Registrar to the
Provider for the registration's billing contact;
and
(ii)
sending the complaint in electronic form
(including annexes to the extent available in
that form) by e-mail to:
(A)
the e-mail addresses for those technical,
administrative, and billing
contacts;
(B)
postmaster@<the contested domain name>;
and
(C)
if the domain name (or "www." followed by the
domain name) resolves to an active web page
(other than a generic page the Provider
concludes is maintained by a registrar or ISP
for parking domain-names registered by multiple
domain-name holders), any e-mail address shown
or e-mail links on that web page;
and
(iii)
sending the complaint to any address the
Respondent has notified the Provider it prefers
and, to the extent practicable, to all other
addresses provided to the Provider by
Complainant under Paragraph
3(b)(v).
(b)
Except as provided in Paragraph 2(a), any
written communication to Complainant or
Respondent provided for under these Rules shall
be made by the preferred means stated by the
Complainant or Respondent, respectively (see
Paragraphs 3(b)(iii) and 5(b)(iii)), or in the
absence of such specification
(i)
by telecopy or facsimile transmission, with a
confirmation of transmission; or
(ii)
by postal or courier service, postage pre-paid
and return receipt requested; or
(iii)
electronically via the Internet, provided a
record of its transmission is
available.
(c)
Any communication to the Provider or the Panel
shall be made by the means and in the manner
(including number of copies) stated in the
Provider's Supplemental Rules.
(d)
Communications shall be made in the language
prescribed in Paragraph 11. E-mail
communications should, if practicable, be sent
in plaintext.
(e)
Either Party may update its contact details by
notifying the Provider and the
Registrar.
(f)
Except as otherwise provided in these Rules, or
decided by a Panel, all communications provided
for under these Rules shall be deemed to have
been made:
(i)
if delivered by telecopy or facsimile
transmission, on the date shown on the
confirmation of transmission; or
(ii)
if by postal or courier service, on the date
marked on the receipt; or
(iii)
if via the Internet, on the date that the
communication was transmitted, provided that the
date of transmission is verifiable.
(g)
Except as otherwise provided in these Rules, all
time periods calculated under these Rules to
begin when a communication is made shall begin
to run on the earliest date that the
communication is deemed to have been made in
accordance with Paragraph 2(f).
(h)
Any communication by
(i) a
Panel to any Party shall be copied to the
Provider and to the other Party;
(ii)
the Provider to any Party shall be copied to the
other Party; and
(iii)
a Party shall be copied to the other Party, the
Panel and the Provider, as the case may
be.
(i)
It shall be the responsibility of the sender to
retain records of the fact and circumstances of
sending, which shall be available for inspection
by affected parties and for reporting
purposes.
(j)
In the event a Party sending a communication
receives notification of non-delivery of the
communication, the Party shall promptly notify
the Panel (or, if no Panel is yet appointed, the
Provider) of the circumstances of the
notification. Further proceedings concerning the
communication and any response shall be as
directed by the Panel (or the
Provider).
3. The Complaint
(a)
Any person or entity may initiate an
administrative proceeding by submitting a
complaint in accordance with the Policy and
these Rules to any Provider approved by ICANN.
(Due to capacity constraints or for other
reasons, a Provider's ability to accept
complaints may be suspended at times. In that
event, the Provider shall refuse the submission.
The person or entity may submit the complaint to
another Provider.)
(b)
The complaint shall be submitted in hard copy
and (except to the extent not available for
annexes) in electronic form and
shall:
(i)
Request that the complaint be submitted for
decision in accordance with the Policy and these
Rules;
(ii)
Provide the name, postal and e-mail addresses,
and the telephone and telefax numbers of the
Complainant and of any representative authorized
to act for the Complainant in the administrative
proceeding;
(iii)
Specify a preferred method for communications
directed to the Complainant in the
administrative proceeding (including person to
be contacted, medium, and address information)
for each of (A) electronic-only material and (B)
material including hard copy;
(iv)
Designate whether Complainant elects to have the
dispute decided by a single-member or a
three-member Panel and, in the event Complainant
elects a three-member Panel, provide the names
and contact details of three candidates to serve
as one of the Panelists (these candidates may be
drawn from any ICANN-approved Provider's list of
panelists);
(v)
Provide the name of the Respondent (domain-name
holder) and all information (including any
postal and e-mail addresses and telephone and
telefax numbers) known to Complainant regarding
how to contact Respondent or any representative
of Respondent, including contact information
based on pre-complaint dealings, in sufficient
detail to allow the Provider to send the
complaint as described in Paragraph
2(a);
(vi)
Specify the domain name(s) that is/are the
subject of the complaint;
(vii)
Identify the Registrar(s) with whom the domain
name(s) is/are registered at the time the
complaint is filed;
(viii) Specify the
trademark(s) or service mark(s) on which the
complaint is based and, for each mark, describe
the goods or services, if any, with which the
mark is used (Complainant may also separately
describe other goods and services with which it
intends, at the time the complaint is submitted,
to use the mark in the future.);
(ix)
Describe, in accordance with the Policy, the
grounds on which the complaint is made
including, in particular,
(1)
the manner in which the domain name(s) is/are
identical or confusingly similar to a trademark
or service mark in which the Complainant has
rights; and
(2)
why the Respondent (domain-name holder) should
be considered as having no rights or legitimate
interests in respect of the domain name(s) that
is/are the subject of the complaint;
and
(3)
why the domain name(s) should be considered as
having been registered and being used in bad
faith
(The
description should, for elements (2) and (3),
discuss any aspects of Paragraphs 4(b) and 4(c)
of the Policy that are applicable. The
description shall comply with any word or page
limit set forth in the Provider's Supplemental
Rules.);
(x)
Specify, in accordance with the Policy, the
remedies sought;
(xi)
Identify any other legal proceedings that have
been commenced or terminated in connection with
or relating to any of the domain name(s) that
are the subject of the complaint;
(xii)
State that a copy of the complaint, together
with the cover sheet as prescribed by the
Provider's Supplemental Rules, has been sent or
transmitted to the Respondent (domain-name
holder), in accordance with Paragraph
2(b);
(xiii) State that
Complainant will submit, with respect to any
challenges to a decision in the administrative
proceeding canceling or transferring the domain
name, to the jurisdiction of the courts in at
least one specified Mutual
Jurisdiction;
(xiv)
Conclude with the following statement followed
by the signature of the Complainant or its
authorized representative:
"Complainant agrees that its
claims and remedies concerning the registration
of the domain name, the dispute, or the
dispute's resolution shall be solely against the
domain-name holder and waives all such claims
and remedies against (a) the dispute-resolution
provider and panelists, except in the case of
deliberate wrongdoing, (b) the registrar, (c)
the registry administrator, and (d) the Internet
Corporation for Assigned Names and Numbers, as
well as their directors, officers, employees,
and agents."
"Complainant certifies that
the information contained in this Complaint is
to the best of Complainant's knowledge complete
and accurate, that this Complaint is not being
presented for any improper purpose, such as to
harass, and that the assertions in this
Complaint are warranted under these Rules and
under applicable law, as it now exists or as it
may be extended by a good-faith and reasonable
argument."; and
(xv)
Annex any documentary or other evidence,
including a copy of the Policy applicable to the
domain name(s) in dispute and any trademark or
service mark registration upon which the
complaint relies, together with a schedule
indexing such evidence.
(c)
The complaint may relate to more than one domain
name, provided that the domain names are
registered by the same domain-name
holder.
4. Notification of
Complaint
(a)
The Provider shall review the complaint for
administrative compliance with the Policy and
these Rules and, if in compliance, shall forward
the complaint (together with the explanatory
cover sheet prescribed by the Provider's
Supplemental Rules) to the Respondent, in the
manner prescribed by Paragraph 2(a), within
three (3) calendar days following receipt of the
fees to be paid by the Complainant in accordance
with Paragraph 19.
(b)
If the Provider finds the complaint to be
administratively deficient, it shall promptly
notify the Complainant and the Respondent of the
nature of the deficiencies identified. The
Complainant shall have five (5) calendar days
within which to correct any such deficiencies,
after which the administrative proceeding will
be deemed withdrawn without prejudice to
submission of a different complaint by
Complainant.
(c)
The date of commencement of the administrative
proceeding shall be the date on which the
Provider completes its responsibilities under
Paragraph 2(a) in connection with forwarding the
Complaint to the Respondent.
(d)
The Provider shall immediately notify the
Complainant, the Respondent, the concerned
Registrar(s), and ICANN of the date of
commencement of the administrative
proceeding.
5. The Response
(a)
Within twenty (20) days of the date of
commencement of the administrative proceeding
the Respondent shall submit a response to the
Provider.
(b)
The response shall be submitted in hard copy and
(except to the extent not available for annexes)
in electronic form and shall:
(i)
Respond specifically to the statements and
allegations contained in the complaint and
include any and all bases for the Respondent
(domain-name holder) to retain registration and
use of the disputed domain name (This portion of
the response shall comply with any word or page
limit set forth in the Provider's Supplemental
Rules.);
(ii)
Provide the name, postal and e-mail addresses,
and the telephone and telefax numbers of the
Respondent (domain-name holder) and of any
representative authorized to act for the
Respondent in the administrative
proceeding;
(iii)
Specify a preferred method for communications
directed to the Respondent in the administrative
proceeding (including person to be contacted,
medium, and address information) for each of (A)
electronic-only material and (B) material
including hard copy;
(iv)
If Complainant has elected a single-member panel
in the Complaint (see Paragraph 3(b)(iv)), state
whether Respondent elects instead to have the
dispute decided by a three-member
panel;
(v)
If either Complainant or Respondent elects a
three-member Panel, provide the names and
contact details of three candidates to serve as
one of the Panelists (these candidates may be
drawn from any ICANN-approved Provider's list of
panelists);
(vi)
Identify any other legal proceedings that have
been commenced or terminated in connection with
or relating to any of the domain name(s) that
are the subject of the complaint;
(vii)
State that a copy of the response has been sent
or transmitted to the Complainant, in accordance
with Paragraph 2(b); and
(viii) Conclude with the
following statement followed by the signature of
the Respondent or its authorized
representative:
"Respondent certifies that
the information contained in this Response is to
the best of Respondent's knowledge complete and
accurate, that this Response is not being
presented for any improper purpose, such as to
harass, and that the assertions in this Response
are warranted under these Rules and under
applicable law, as it now exists or as it may be
extended by a good-faith and reasonable
argument."; and
(ix)
Annex any documentary or other evidence upon
which the Respondent relies, together with a
schedule indexing such documents.
(c)
If Complainant has elected to have the dispute
decided by a single-member Panel and Respondent
elects a three-member Panel, Respondent shall be
required to pay one-half of the applicable fee
for a three-member Panel as set forth in the
Provider's Supplemental Rules. This payment
shall be made together with the submission of
the response to the Provider. In the event that
the required payment is not made, the dispute
shall be decided by a single-member
Panel.
(d)
At the request of the Respondent, the Provider
may, in exceptional cases, extend the period of
time for the filing of the response. The period
may also be extended by written stipulation
between the Parties, provided the stipulation is
approved by the Provider.
(e)
If a Respondent does not submit a response, in
the absence of exceptional circumstances, the
Panel shall decide the dispute based upon the
complaint.
6. Appointment of the Panel and
Timing of Decision
(a)
Each Provider shall maintain and publish a
publicly available list of panelists and their
qualifications.
(b)
If neither the Complainant nor the Respondent
has elected a three-member Panel (Paragraphs
3(b)(iv) and 5(b)(iv)), the Provider shall
appoint, within five (5) calendar days following
receipt of the response by the Provider, or the
lapse of the time period for the submission
thereof, a single Panelist from its list of
panelists. The fees for a single-member Panel
shall be paid entirely by the
Complainant.
(c)
If either the Complainant or the Respondent
elects to have the dispute decided by a
three-member Panel, the Provider shall appoint
three Panelists in accordance with the
procedures identified in Paragraph 6(e). The
fees for a three-member Panel shall be paid in
their entirety by the Complainant, except where
the election for a three-member Panel was made
by the Respondent, in which case the applicable
fees shall be shared equally between the
Parties.
(d)
Unless it has already elected a three-member
Panel, the Complainant shall submit to the
Provider, within five (5) calendar days of
communication of a response in which the
Respondent elects a three-member Panel, the
names and contact details of three candidates to
serve as one of the Panelists. These candidates
may be drawn from any ICANN-approved Provider's
list of panelists.
(e)
In the event that either the Complainant or the
Respondent elects a three-member Panel, the
Provider shall endeavor to appoint one Panelist
from the list of candidates provided by each of
the Complainant and the Respondent. In the event
the Provider is unable within five (5) calendar
days to secure the appointment of a Panelist on
its customary terms from either Party's list of
candidates, the Provider shall make that
appointment from its list of panelists. The
third Panelist shall be appointed by the
Provider from a list of five candidates
submitted by the Provider to the Parties, the
Provider's selection from among the five being
made in a manner that reasonably balances the
preferences of both Parties, as they may specify
to the Provider within five (5) calendar days of
the Provider's submission of the five-candidate
list to the Parties.
(f)
Once the entire Panel is appointed, the Provider
shall notify the Parties of the Panelists
appointed and the date by which, absent
exceptional circumstances, the Panel shall
forward its decision on the complaint to the
Provider.
7. Impartiality and
Independence
A Panelist
shall be impartial and independent and shall
have, before accepting appointment, disclosed to
the Provider any circumstances giving rise to
justifiable doubt as to the Panelist's
impartiality or independence. If, at any stage
during the administrative proceeding, new
circumstances arise that could give rise to
justifiable doubt as to the impartiality or
independence of the Panelist, that Panelist
shall promptly disclose such circumstances to
the Provider. In such event, the Provider shall
have the discretion to appoint a substitute
Panelist.
8. Communication Between
Parties and the Panel
No Party or
anyone acting on its behalf may have any
unilateral communication with the Panel. All
communications between a Party and the Panel or
the Provider shall be made to a case
administrator appointed by the Provider in the
manner prescribed in the Provider's Supplemental
Rules.
9. Transmission of the File to
the Panel
The Provider
shall forward the file to the Panel as soon as
the Panelist is appointed in the case of a Panel
consisting of a single member, or as soon as the
last Panelist is appointed in the case of a
three-member Panel.
10. General Powers of the
Panel
(a)
The Panel shall conduct the administrative
proceeding in such manner as it considers
appropriate in accordance with the Policy and
these Rules.
(b)
In all cases, the Panel shall ensure that the
Parties are treated with equality and that each
Party is given a fair opportunity to present its
case.
(c)
The Panel shall ensure that the administrative
proceeding takes place with due expedition. It
may, at the request of a Party or on its own
motion, extend, in exceptional cases, a period
of time fixed by these Rules or by the
Panel.
(d)
The Panel shall determine the admissibility,
relevance, materiality and weight of the
evidence.
(e) A
Panel shall decide a request by a Party to
consolidate multiple domain name disputes in
accordance with the Policy and these
Rules.
11. Language of
Proceedings
(a)
Unless otherwise agreed by the Parties, or
specified otherwise in the Registration
Agreement, the language of the administrative
proceeding shall be the language of the
Registration Agreement, subject to the authority
of the Panel to determine otherwise, having
regard to the circumstances of the
administrative proceeding.
(b)
The Panel may order that any documents submitted
in languages other than the language of the
administrative proceeding be accompanied by a
translation in whole or in part into the
language of the administrative
proceeding.
12. Further
Statements
In addition to
the complaint and the response, the Panel may
request, in its sole discretion, further
statements or documents from either of the
Parties.
13. In-Person
Hearings
There shall be
no in-person hearings (including hearings by
teleconference, videoconference, and web
conference), unless the Panel determines, in its
sole discretion and as an exceptional matter,
that such a hearing is necessary for deciding
the complaint.
14. Default
(a)
In the event that a Party, in the absence of
exceptional circumstances, does not comply with
any of the time periods established by these
Rules or the Panel, the Panel shall proceed to a
decision on the complaint.
(b)
If a Party, in the absence of exceptional
circumstances, does not comply with any
provision of, or requirement under, these Rules
or any request from the Panel, the Panel shall
draw such inferences therefrom as it considers
appropriate.
15. Panel Decisions
(a) A
Panel shall decide a complaint on the basis of
the statements and documents submitted and in
accordance with the Policy, these Rules and any
rules and principles of law that it deems
applicable.
(b)
In the absence of exceptional circumstances, the
Panel shall forward its decision on the
complaint to the Provider within fourteen (14)
days of its appointment pursuant to Paragraph
6.
(c)
In the case of a three-member Panel, the Panel's
decision shall be made by a
majority.
(d)
The Panel's decision shall be in writing,
provide the reasons on which it is based,
indicate the date on which it was rendered and
identify the name(s) of the
Panelist(s).
(e)
Panel decisions and dissenting opinions shall
normally comply with the guidelines as to length
set forth in the Provider's Supplemental Rules.
Any dissenting opinion shall accompany the
majority decision. If the Panel concludes that
the dispute is not within the scope of Paragraph
4(a) of the Policy, it shall so state. If after
considering the submissions the Panel finds that
the complaint was brought in bad faith, for
example in an attempt at Reverse Domain Name
Hijacking or was brought primarily to harass the
domain-name holder, the Panel shall declare in
its decision that the complaint was brought in
bad faith and constitutes an abuse of the
administrative proceeding.
16. Communication of Decision to
Parties
(a)
Within three (3) calendar days after receiving
the decision from the Panel, the Provider shall
communicate the full text of the decision to
each Party, the concerned Registrar(s), and
ICANN. The concerned Registrar(s) shall
immediately communicate to each Party, the
Provider, and ICANN the date for the
implementation of the decision in accordance
with the Policy.
(b)
Except if the Panel determines otherwise (see
Paragraph 4(j) of the Policy), the Provider
shall publish the full decision and the date of
its implementation on a publicly accessible web
site. In any event, the portion of any decision
determining a complaint to have been brought in
bad faith (see Paragraph 15(e) of these Rules)
shall be published.
17. Settlement or Other Grounds
for Termination
(a)
If, before the Panel's decision, the Parties
agree on a settlement, the Panel shall terminate
the administrative proceeding.
(b)
If, before the Panel's decision is made, it
becomes unnecessary or impossible to continue
the administrative proceeding for any reason,
the Panel shall terminate the administrative
proceeding, unless a Party raises justifiable
grounds for objection within a period of time to
be determined by the Panel.
18. Effect of Court
Proceedings
(a)
In the event of any legal proceedings initiated
prior to or during an administrative proceeding
in respect of a domain-name dispute that is the
subject of the complaint, the Panel shall have
the discretion to decide whether to suspend or
terminate the administrative proceeding, or to
proceed to a decision.
(b)
In the event that a Party initiates any legal
proceedings during the pendency of an
administrative proceeding in respect of a
domain-name dispute that is the subject of the
complaint, it shall promptly notify the Panel
and the Provider. See Paragraph 8
above.
19. Fees
(a)
The Complainant shall pay to the Provider an
initial fixed fee, in accordance with the
Provider's Supplemental Rules, within the time
and in the amount required. A Respondent
electing under Paragraph 5(b)(iv) to have the
dispute decided by a three-member Panel, rather
than the single-member Panel elected by the
Complainant, shall pay the Provider one-half the
fixed fee for a three-member Panel. See
Paragraph 5(c). In all other cases, the
Complainant shall bear all of the Provider's
fees, except as prescribed under Paragraph
19(d). Upon appointment of the Panel, the
Provider shall refund the appropriate portion,
if any, of the initial fee to the Complainant,
as specified in the Provider's Supplemental
Rules.
(b)
No action shall be taken by the Provider on a
complaint until it has received from Complainant
the initial fee in accordance with Paragraph
19(a).
(c)
If the Provider has not received the fee within
ten (10) calendar days of receiving the
complaint, the complaint shall be deemed
withdrawn and the administrative proceeding
terminated.
(d)
In exceptional circumstances, for example in the
event an in-person hearing is held, the Provider
shall request the Parties for the payment of
additional fees, which shall be established in
agreement with the Parties and the
Panel.
20. Exclusion of
Liability
Except in the
case of deliberate wrongdoing, neither the
Provider nor a Panelist shall be liable to a
Party for any act or omission in connection with
any administrative proceeding under these
Rules.
21. Amendments
The version of
these Rules in effect at the time of the
submission of the complaint to the Provider
shall apply to the administrative proceeding
commenced thereby. These Rules may not be
amended without the express written approval of
ICANN.
Additional
information regarding the Uniform Domain Name
Dispute Resolution Policy and Rules may be found
at http://www.icann.org/udrp/udrp.htm.
ICANN Approved Providers for
Uniform Domain Name Dispute Resolution
Policy
Complaints
under the policy may be submitted to any
approved dispute-resolution service provider
listed below. Each provider follows the Rules for Uniform Domain
Name Dispute Resolution Policy (located at
http://www.icann.org/udrp/udrp-rules-24oct99.htm) as well as its own
supplemental rules
. To go to the
web site of a provider, click on its name
below:
Disputes.org/eResolution
Consortium (located at
http://www.eresolution.ca) (approved effective 1
January 2000). Go to
http://www.eresolution.ca/services/dnd/p_r/supprules.htm
to see its supplemental rules.
The National Arbitration
Forum (located at
http://www.arbforum.com/domains/) (approved effective 23
December 1999). Go to
http://www.arbforum.com/domains/domain-rules.html
to see its supplemental rules.
World Intellectual Property
Organization
(approved effective 1 December 1999). Go to
http://arbiter.wipo.int/domains/rules/supplemental.html
to see its supplemental rules.
Additional
providers may be approved soon. The above
approvals are in effect until further notice at
http://www.icann.org/udrp/approved-providers.htm.
Additional
information regarding the Uniform Domain Name
Dispute Resolution Policy and Rules may be found
at http://www.icann.org/udrp/udrp.htm.
-
Privacy
Policy
Global Domains
International, Inc., a California corporation
("GDI" or "we" or "us"), provides registration
services for the ".WS" upper level domain name
in addition to services through www.WebSite.ws
("our site" or "the site") and is committed to
implementing measures designed to protect the
privacy of those using its services.
We collect
information from users, Independent Affiliates,
and Members of our site (hereafter collectively
"users"). Except as set forth within this
Privacy Policy, the Terms of Use, the Terms of
Service, the Affiliate Agreement, and other
published guidelines, we do not release or share
personally identifiable information about users
without their permission.
Please note
that we review and modify our privacy practices
from time to time, and that those practices are
therefore subject to change. We ask that you
bookmark and periodically review this page to
ensure continuing familiarity with the most
current version of our Privacy Policy. We will
notify registered users (Members and Affiliates)
of any material changes to our Privacy Policy by
email to the last known email addresses of such
users. To contact us about our Privacy Policy,
please e-mail us at
.
The information we gather
and how we use it
We gather two
types of information about the users of our
site: non-personally identifiable and personally
identifiable information. When visitors come to
our site, we may collect and aggregate
non-personally identifiable information
indicating, among other things, which pages were
visited, the order in which they were visited,
and which hyperlinks were clicked. Collecting
such information involves the logging of IP
addresses, operating system and browser software
used by each visitor to the site. Although such
information is not personally identifiable, we
can determine from the IP address a visitor's
Internet Service Provider and the geographic
location of his or her point of connectivity.
The
non-personally identifiable information we
collect helps us, among other things, to monitor
our internal operations, improve our services,
identify the most popular areas of our site and
determine the effectiveness of our services and
promotional activities. It also helps us make
available quality, more useful online services
by performing statistical analyses of the
collective characteristics and behavior of the
users of our site, and by measuring demographics
and interests regarding specific areas of our
site. We provide statistical information based
on this data to advertisers, affiliates, and
other current and potential promotional
partners.
We may also
use cookies which allow us to serve visitors of
our site better and more efficiently. Cookies
are small text files placed on a visitor's
computer's hard drive if permitted by the
browser. Cookies, among other things, make it
easier for users to access our site and
services, and help us track the pages that
visitors go to, determine the length of time
visitors spend at any particular area of the
site, and track the services visitors choose to
use. Cookies are only read by the server that
placed them, and are unable to read data from
hard disks, execute any code, send you viruses
or destroy your files. For information on how
and whether cookies will be accepted by your web
browser, please refer to the documentation
accompanying your browser.
We do not
collect any information that personally
identifies you unless you knowingly and
willingly provide it. We explicitly ask for
information that personally identifies you. For
example, when registering for a personal
account, we require that you provide us with
certain personally identifiable information
ranging from basic contact information to
payment information to the technical coordinates
of your host servers. Also, you have the option
to complete a survey about yourself, your
interests and other information about yourself
that will help us, our promotional partners and
advertisers offer you value-added products and
services which we believe will be of interest to
you.
Although you
may not "opt out" of the registration process if
you wish to become a Member or an independent
Affiliate, you may choose to "opt out" of
receiving promotional materials not directly
related to services provided by us and our
affiliates, advertisers, or other business
partners. If you do not "opt out" of receiving
such promotional materials, we reserve the right
to share any personally identifiable
registration information regarding you to third
parties who provide goods or services that we
believe may be of interest to you. If you decide
that you would like to discontinue receiving
promotional information from such third parties,
please contact those third parties directly, or
contact us at
and we will advise such third parties that you
wish to discontinue receiving their promotional
information. Note, however, that we cannot and
do not assume any responsibility for any actions
or omissions of third parties, including the
manner in which they use information received
either from GDI or independently.
We use
personally identifiable information to operate
this site, and we may occasionally inform you of
new features, services, promotions and products
available on this site offered by us and our
promotional partners. We limit our own e-mail
solicitations to those registered users
(Affiliates, or Members) who have not "opted
out" of receiving such communications. Our
solicitations are limited in that they, among
other things, will clearly indicate the
originator of the e-mail and provide the
customer with a method of "opting out" of
receiving future communications of a similar
nature. If you decide that you would like to
discontinue receiving information from us about
new features, services, promotions and products,
please contact us at
.
We reserve the
right to disclose information contained within
our access logs concerning any user as we
reasonably feel is necessary to protect our
systems or business. Specifically, but without
limitation, we reserve the right to disclose
such when a user is in violation of our Terms of
Use, Terms of Service (if applicable), the
Affiliate Agreement (if applicable), or other
published guidelines, or if a user partakes (or
is reasonably suspected of partaking) in any
illegal activity, even without a subpoena,
warrant, or other court order, and to disclose
such information in response to court and
governmental orders, civil subpoenas, discovery
requests, and as otherwise required by law. We
cooperate with law enforcement agencies in
identifying those who may be using our servers
or services for illegal activities. We also
reserve the right to report any suspected
illegal activity to law enforcement for
investigation or prosecution, or to suspend or
terminate your membership in connection with any
suspected illegal activity. Additionally, we
reserve the right to disclose the name of the
registered owner and such owner's registered .WS
domain name registered to third parties and in
our promotional materials.
Changing personal
information
You have the
ability to change or correct certain information
in our records, such as your contact information
by signing in at
http://www.website.ws/login.html and going to
"My Account". You may change this information at
any time. If you have any questions about
correcting or changing your information, please
contact us at
.
-
Legal
Disclaimer
Information on this web
site may contain inaccuracies or typographical
errors. Information may be changed or updated
without notice. This web site does not
constitute an offer or contract.
Global Domains
International, Inc. makes no representations
whatsoever about other web sites that you may
access through this one or services and actions
of any third party that participates, from time
to time, in any promotion, advertisement or
sponsorship with Global Domains International,
Inc. When you access a non-Global Domains
International, Inc. web site, you understand and
agree that it is independent from Global Domains
International, Inc., and that Global Domains
International, Inc. has no control over the
content on that web site. Similarly, when you
use any services of any third party, you
understand and agree that it is independent from
Global Domains International, Inc., and that
Global Domains International, Inc. has no
control over the services offered by, or the
actions of, such third party. In addition, a
link to a non-Global Domains International, Inc.
web site does not mean that Global Domains
International, Inc. endorses or accepts any
responsibility for the content, use, or products
and services made available through such web
site.
IN NO EVENT WILL GLOBAL
DOMAINS INTERNATIONAL, INC. BE LIABLE TO ANY
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF
THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB
SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE
EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
INFORMATION ON THIS WEB
SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSIONS OF IMPLIED
WARRANTIES, AND IN SUCH JURISDICTIONS, OUR
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
APPLICABLE LAW.
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