统一域名争议解决办法规则

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@; 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 app

ointed, 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 appli

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