Terms & Conditions

General Terms & Conditions

The following information applies to all customers of DesignedBy.Scot,  FindMy.UK & Hosted.Codes

Last Updated In 2020

Terms & Conditions Of Service

These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Copyright Notice

Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Limited warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to these Terms & Conditions; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) [block computers using your IP address from accessing our website];

(e) [contact any or all of your internet service providers and request that they block your access to our website];

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website].

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

Variation

We may revise these terms and conditions from time to time.

[The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Last Updated In 2017

Money Back Guarantee Policy

DesignedBy.Scot offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a support ticket opened from your account, or via email sent to sales@designedby.scot, and receive full refund for your hosting plan within 30 days of the purchasing of the service.

Late cancellations, as well as services cancelled by us due to Terms & Conditions violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

Please note that other exclusions apply and are listed within the cancellation and refunds policy below. Examples include domain name registration, renewal & transfers and all recurring payments after the original payment, all payments made via bank transfer are non-refundable and are not subject to the 30-day money back guarantee policy.

Last Updated In 2017

Cancellation & Refund Policy

DesignedBy.Scot (us, we) services are set up & operated on a pre-payment basis. DesignedBy.Scot customers (you) may decide to cancel their service at any time, however they will only receive a full refund for a service if the cancellation request is made within 30 days of purchasing that service, according to our money back guarantee policy

To cancel a service, the Customer needs to send an e-mail or support ticket to us and provide any related information requested by DesignedBy.Scot. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled with no cash value returned.

All refund requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request where possible (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service.

All refund requests for PayPal payments are processed within 48 hours of the submission of the refund request where possible (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with the PayPal’s terms of service.

Some services provided by us are non-refundable & excluded from and money back guarantee policy offered, this includes but is not limited to domain name registration, renewals & transfers, service upgrades and web hosting plan renewals which are all treated as non-refundable services. These cannot be cancelled or refunded after being processed.

All payments made via bank transfer or after work has been produced (such as freelance design) are non-refundable and are also not subject to the 30-day money back guarantee policy.

Last Updated In 2017

To report abuse then please open an official support ticket with us. Alternatively you can e-mail us on abuse@designedby.scot. If we can’t help you directly, we will notify you and provide you with an alternate point of contact.

Abuse Policy

If you have an objection to the content or use of a website, you should in the first instance complain to the person or organisation that operates the website. If this route is unsuccessful you could complain to the person that is hosting the website (If we are the domain registrar but not the website host).

You can use the WHOIS tool to find the registrant’s name and address, and the registrar associated with the domain name. They may be able to help you identify the website host.

If you believe a domain name is being used to commit a crime or breaks the law, please email abuse@designedby.scot or use the contact us form linked in our menu.

Our process for dealing with reports of abuse:

  • Report of abuse received
  • Record all the details of the abuse including the time of the report
  • Investigate and verify report
  • Take the necessary and appropriate actions in response to the report
  • Record details of all actions taken
  • Retain records of abuse reports for two years

Last Updated In 2017

Chargeback Policy

A Chargeback is not considered as a way of refunding. Any Customer who initiates a payment chargeback in response to an invoice or order placed at DesignedBy.Scot will be subject to full investigation and can be charged by us & their payment provider for costs.

When signing up for a service with DesignedBy.Scot, customers agree to the terms & conditions explicated here. Thus, DesignedBy.Scot, as well as our payment providers, will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

If/When a chargeback report is received, the first step will be to try to contact the client. Meanwhile, the clients account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our payment provider and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these terms and conditions, then a dispute will be started with our payment provider in which the terms and conditions of DesignedBy.Scot will serve as proof of the clients agreement. The payment provider will then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or DesignedBy.Scot has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

Domain Registration, Renewal & Transfer

Last Updated In 2018

The following information applies only to all UK Top Level Domains, these are registered domains ending in .uk, .co.uk, .me.uk, .org.uk

Registrar Of Your UK Domain

Registrar

Details

IPS Tag

DesignedBy.Scot

All UK Top Level Domains purchased or transferred through us will use the DesignedBy.Scot Registrar. We will always be your point of contact for these domains.

DESIGNEDBYSCOT

Third Party

Some UK Top Level Domains purchased through us in the past have the official registrar as a third party partner. However we will still be shown as registrar by the top registry due to a special arrangement with the third party provider. We should still be the initial point of contact for your domain.

STACK

If you require support, would like to make a complaint or to report abuse then please open an official support ticket with us. Alternatively you can e-mail us on sales@designedby.scot or abuse@designedby.scot (When following our Abuse Procedure). We typically respond to all support & complaint requests within 24 hours. With our target time being 4 hours. Please remember that all domain name purchases are a non-refundable purchase.

If your domain uses a third party IPS Tag (but has been transferred to or purchased through us), then we are normally able to offer you the same support & complaint services as those under our IPS Tag. If this isn’t the case, we will notify you and provide you with an alternate point of contact.

Top Registry Terms & Conditions

As part of your purchase of a UK Top Level Domain, you are also required to agree & adhere to Nominet’s ‘Terms and Conditions of Domain Name Registration’ as the top registry and regulator for these domains. This is legally required by Nominet, it is advised you read the document in full prior to your purchase. The document can be loaded by clicking on the link below.

Last Updated In 2017

Please note, we use special arrangements with multiple third party partners to provide registrar services for top level domains we are not licensed or regulated to provide directly. However we should always be your first point of contact if you need support, to report abuse or to make a complaint.

If you require support, would like to make a complaint or to report abuse then please open an official support ticket with us. Alternatively you can e-mail us on sales@designedby.scot or abuse@designedby.scot (When following our Abuse Procedure). We typically respond to all support & complaint requests within 24 hours. With our target time being 4 hours. Please remember that all domain name purchases are a non-refundable purchase.

If we can’t help you directly, we will notify you and provide you with an alternate point of contact.

Additional Terms & Conditions For UK Top Level Domains also applies to all UK Top Level Domains, these are registered domains ending in .uk, .co.uk, .me.uk, .org.uk

Terms & Conditions Of Registration, Renewal & Transfer

DesignedBy.Scot (us, we) provides domain registration services for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs). This is either done directly between us and the top registry or through a third party partner, dependent on the Top Level Domains (TLD) requested.

Domain name registration, renewal & transfer are non-refundable transactions as changes are no longer allowed after a registration or renewal request is submitted to the top registry. This is also applicable to transfers when any transfer cancellation window has expired (there is often but not always a short time when we can cancel a transfer and issue a full refund).

Domain name registrations are not operative before the top registry administrator activates the domain name(s). The domain name registration(s) are only active during the registration period chosen by the registrant (you). The registration period of newly registered domain names starts from the date on which the registration is approved by the registry.

DesignedBy.Scot and the top registry, also known as Primary Service Provider, will not be held accountable for any inadvertences, mistakes or otherwise deviations on the side of the registry administrator in regards to requests for registration, renewal, or any modifications of already registered domain name(s).

You, as the registrant, agree that the domain name registration is a service, which cannot be interpreted autonomously from the services described in this Agreement or a similar Agreement from the registrar. You, as a Registrant, accede that domain name registration services do not develop a proprietary significance and you will not be entitled to any such proprietary significance claims for domain name(s) registered through our company.

The Registered Name Holder shall “indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.” At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder’s domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This “indemnification” is not solely limited to court cases.

You can view the full list of Registrant Benefits, Rights and Responsibilities, approved by ICANN, on their website:
http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant

If you register a .INFO domain name, you also enter into a contract of registration with Afilias, which is represented by the following Terms & Conditions:
http://afilias.info/policies

If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration

EXPIRATION AND RENEWAL OF SERVICES

Even though DesignedBy.Scot will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.

After a domain name’s expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.

After the 30-day renewal period has passed, some domain names (as per TLD Registry Policies) enter a so-called Redemption Grace Period. A domain name, which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain’s renewal price.

You can find the official information regarding the Redemption Grace Period on ICANN’s page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm

If a Redemption Grace Period is applicable for a specific domain name, it will last between 30-42 days.

Extended Redemption Grace Period – the extended redemption period may add another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.

If you do not redeem your domain name prior to the end of the Redemption Grace Period/Extended Redemption Grace Period (or the renewal period – if RGP is not applicable), DesignedBy.Scot reserves the right to delete the domain name, as per ICANN’s Domain Deletion & Auto-renewal Policy (EDDP).

After the redemption period of an expired domain name is over, follows the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.

Released by Registry Period – after the domain name’s ‘Pending Delete Period’ is over, it is released back into the public pool of domain names and is newly available for registration.

NOTE: As per EURid’s domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.

BACKORDERING EXPIRING DOMAINS

Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs.

Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you.

In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.

COMPLETE AND ACCURATE DOMAIN WHOIS INFORMATION

The Registrant agrees to provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation; and the following data elements:

– the names of the primary nameserver and secondary nameserver(s) for the registered domain name;
– the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered domain name and
– the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered domain name;

If the information provided in the Registrant’s application is deemed false or incomplete by DesignedBy.Scot, and the Registrant fails to correct the WHOIS information within 10 calendar days after the date DesignedBy.Scot sends a notice to the Registrant, this will be treated by DesignedBy.Scot as an immedicable infringement of the present Agreement.

You are solely responsible for keeping track of the emails that will be sent by DesignedBy.Scot to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).

You acknowledge and agree that the contact details of your domain, as well as its registration and expiration dates and the name server associated with it, will be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of a ‘port 43’ WHOIS service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure.

Please, NOTE that DesignedBy.Scot is not able to restrict any access to your WHOIS record or to control in what manner or for what purposes members of the public may use the details provided in it.

COMPLETE AND ACCURATE DOMAIN WHOIS INFORMATION

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.

A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing reasonable evidence of actionable harm.

THIRD-PARTY USE OF DOMAIN NAME REGISTRATIONS

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.

A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing reasonable evidence of actionable harm.

OBLIGATIONS RELATED TO WHOIS DATA PROCESSING

DesignedBy.Scot shall provide notice to each new or renewed Registrant stating:
– the purposes for which any personal data collected from the applicant are intended;
– the intended recipients or categories of recipients of the data (including the registry operator and others who will receive the data from registry operator);
– which data are obligatory and which data, if any, are voluntary; and
– how the Registrant or data subject can access and, if necessary, rectify the data held about them.
The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 6-a;

The Registrant shall represent that a notice equivalent to that described in subsection 6-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 6-b of any such third-party individuals.

DesignedBy.Scot shall agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 6-a above.

DesignedBy.Scot shall agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

OBLIGATIONS RELATED TO DOMAIN REGISTRATION DISPUTES

For the adjudication of disputes concerning or arising from use of the registered domain name the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) where DesignedBy.Scot is located.

The Registrant shall agree that its registration of the registered domain name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by DesignedBy.Scot or the registry operator in registering the name or (2) for the resolution of disputes concerning the registered domain name.

ACCESS TO YOUR ACCOUNT

You, as the registrant of the domain name(s), have the obligation to protect your Account Login Credentials, including the password, from misuse. Anyone in possession of your account login credentials will have the full authority and access to:

initiate a transfer of the domain name(s)
change the WHOIS information
change the name servers (DNS)
Such unauthorized changes and actions may disturb or annul your rights to the domain name(s) you have registered through our company.

Last Updated In 2017

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:

the statements that you made in your Registration Agreement are complete and accurate;

to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;

you are not registering the domain name for an unlawful purpose;

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:

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;

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) (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 PROCEEDINGS. 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

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.

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:

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.

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):

before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

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 of initiating and conducting a proceeding and appointing the panel that will resolve 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 that are to be 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 to 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 between 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:

evidence satisfactory to us of a resolution between the parties;

evidence satisfactory to us that your lawsuit has been dismissed or withdrawn;

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:

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.

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.

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