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Model Domain Name
Dispute Resolution Policy



To compare with the ICANN Dispute Policy, click
here



Notes:
- This policy has been adopted by New.net, Inc. and
all domain-name registrars and registries having registrar
or registry agreements with New.net.
- The policy is between the registrar and its customer (the
domain-name holder or registrant). In this policy "we" and
"our" refer to the registrar and "you" and "your" refer
to the domain-name holder.



Model Domain Name Dispute Resolution Policy
(Adopted by New.net, Inc.)
- Purpose.
This Model Domain Name Dispute Resolution Policy (the "Policy")
has been established and adopted by New.net, Inc. ("New.net"),
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 Model Domain Name Dispute Resolution Policy (the
"Rules of Procedure"), which are available by clicking
here, and the selected administrative-dispute-resolution
service provider's supplemental rules.

- 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.

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- Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:

- subject to the provisions of Paragraph
8, our receipt of written or appropriate electronic
instructions from you or your authorized agent to take
such action;
- our receipt of an order from a court or arbitral tribunal,
in each case of competent jurisdiction, requiring such
action; and/or
- our receipt of a decision of an Administrative Panel
requiring such action in 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 New.net. (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.

- 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 here (each, a
"Provider").

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

- your domain name is identical or confusingly similar
to a trademark or service mark in which the complainant
has rights; and
- you have no rights or legitimate interests in
respect of the domain name; and
- your domain name has been registered and is being
used in bad faith.

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

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

- circumstances indicating that you have registered
or you have acquired the domain name primarily for
the purpose of selling, renting, or otherwise transferring
the domain name registration to the complainant
who is the owner of the trademark or service mark
or to a competitor of that complainant, for valuable
consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or
- you have registered the domain name in order to
prevent the owner of the trademark or service mark
from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern
of such conduct; or
- you have registered the domain name primarily
for the purpose of disrupting the business of a
competitor; or
- 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.

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- How to Demonstrate Your Rights
to and Legitimate Interests in the Domain Name in Responding
to a Complaint.
When you receive a complaint, you should refer to Paragraph
5 of the Rules of Procedure in determining how your
response should be prepared. Any of the following circumstances,
in particular but without limitation, if found by the
Panel to be proved based on its evaluation of all evidence
presented, shall demonstrate your rights or legitimate
interests to the domain name for purposes of Paragraph
4(a)(ii):

- before any notice to you of the dispute, your
use of, or demonstrable preparations to use, the
domain name or a name corresponding to the domain
name in connection with a bonafide offering of goods
or services; or
- you (as an individual, business, or other organization)
have been commonly known by the domain name, even
if you have acquired no trademark or service mark
rights; or
- you are making a legitimate noncommercial or fair
use of the domain name, without intent for commercial
gain to misleadingly divert consumers or to tarnish
the trademark or service mark at issue.

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

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

- 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 New.net.

- 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.

- 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.

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- Remedies.
The remedies available to a complainant pursuant to
any proceeding before an Administrative Panel shall
be limited to requiring the cancellation of your domain
name or the transfer of your domain name registration
to the complainant.

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

- 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 Pane l 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.

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- 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.

- 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.

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- 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.

- Transfers During a Dispute.

- Transfers of a Domain Name to
a New Holder.
You may not transfer your domain name registration to
another holder

- 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
- 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.

- 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.

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- Policy Modifications.
We reserve the right to modify this Policy at any time.
We will post our revised Policy at 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.

Address for Notices:
New.net, Inc.
2102 Rosecrans Avenue, #2000
El Segundo, CA. 90245
To compare with the ICANN Dispute Policy, click
here
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