The policy debate

"Center of Ukrainian Internet Names" - the registry for Cyrillic domains. RBM. BLOG (the Register). Center for Internet names Ukraine registers domain names Internet («domains") on a "first come, first served." Neither the registrar nor the registry has no definition of the proprietary rights to any domain name, or in any other way to assess whether any registration or use of the domain to violate the rights of any third party.

This Policy Domain Name Dispute ("Policy Spora") does not confer any rights, procedural or independent third parties, and third parties are not required to use this Dispute Resolution Policy.

Customers Cyrillic domains registered in the names of the Center for Internet Ukraine

This policy disputes should be read in conjunction with the Domain Name Registration Agreement ("Agreement") which the Customer ("Customer") Ukrainian-domain registered to the Centers Internet name of Ukraine concluded its Registrar for registration, using the Center for Internet names only of Ukraine as the registry. The customer agreed to be bound in accordance with the provisions of the Agreement and the provisions of the Dispute Policy.

Customer is solely responsible for the domain name selected and registered. In the Agreement, the Purchaser has agreed and ensured that the information provided to them pursuant to the Agreement was true and correct and that any subsequent changes to this information will be provided by the Registrar of it in a timely fashion. You further agree and ensured that the domains registered to them, directly or indirectly, violate the rights of third parties. The customer agreed that a breach of these warranties would constitute material breach and entitles the Registrar or the Center of Ukrainian Internet Names immediately suspend and / or cancel the registration of the domain name.

The fact that the domain name was registered, does not confer any legal rights or protection, and does not give immunity from the denial of registration or use of the domain name.

requirements for customer

submitting a domain, or maintaining or renewing domain registration, thereby Customer represents and warrants to the Register that he

1. not register the domain name for an illegal purpose;
2. will not knowingly use the domain name in violation of any applicable laws or regulations.

Customer hereby acknowledges that it is - its own responsibility to determine whether the registration of a domain violates the Customer, or whose rights or not.

Rights Center of Ukrainian Internet Names

Customer agrees that the Center for Internet names Ukraine will have discretion to suspend and / or cancel or modify a domain name registration, doing, prior written notice within 30 days, when the Center of Internet names Ukraine receives a duly certified A copy of any court of competent jurisdiction, or arbitration award, requesting the suspension, cancellation or modification of the domain registration.

of a dispute

Customer acknowledges that the Center of Internet names Ukraine may from time to time information, stating that the domain name registered by the Customer violates the legal (statutory) rights of third parties ("Plaintiff") and in such a case, the Customer agrees that the Center Internet name of Ukraine may, in its sole discretion:

1. provide details of the Claimant Customer's application, including full contact details, without notice to the customer, and
2. entered into an agreement with the plaintiff before providing Plaintiff with the information above in (a) without informing the customer that it will be or has been done.

Disputes recognized center of Ukrainian Internet Names

Center of Internet names and Ukraine recognizes the Plaintiffs may use the procedures in this section when the plaintiff pays the Centre Internet name of Ukraine applicable fees set forth in the "Fee" Dispute Policy and with satisfactory evidence of the following three elements including:

1. domain name is identical or Customer vaguely similar to the trademark or service mark in which the Complainant has rights;
2. Customer has no rights or legitimate interests in respect of the domain name, and
3. domain name has been registered by the Customer and used in bad faith.

Evidence of bad faith registration are the following circumstances:

1. circumstances indicating that the customer has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration by a person who is the owner of the trademark or service mark, for money or otherwise Values ​​in excess of your documented expenses directly related to the domain name;
2. Customer 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 the Customer followed a pattern of behavior;
3. Customer registered the domain name primarily aiming to prevent activities of a competitor;
4. using the domain name, the customer is intentionally trying to attract, for commercial gain, Internet users to your web site or other on-line, creating the possibility that a sign of belonging to the Complainant will be perceived as relevant to the existence of the source of financing, organizational affiliation or approval by site or on-line address of the customer or the products or services provided through the Web Site or the address of a customer.

Dispute Procedures

Customer acknowledges and agrees that cooperation and that any dispute should be resolved quickly. Also, the Customer agrees that upon receipt of the written invitation of the Center Internet name of Ukraine, the below in paragraph (b), it will respond in accordance with the following paragraphs of (c) to (f).

In accordance with section "Disputes recognized by the Center for Internet name of Ukraine", Centre for Internet names Ukraine may use the following procedures that do not reflect any opinion or definition (intention) of the Center for Internet name of Ukraine concerning the dispute:

1. Center for Internet names Ukraine sends the plaintiff's claim, submitted in accordance with section "Disputes recognized by the Center for Internet name of Ukraine" Customer.
2. Center for Internet names Ukraine sends a letter inviting the customer to submit to the Centre for Ukrainian Internet Names of identification evidence of any of the following circumstances, demonstrating the Customer's rights or legitimate interests in the domain name in accordance with paragraph (b) of Section "Disputes recognized Center for Internet name of Ukraine ":
   1. Customer to notify the Customer of the dispute, used, or made demonstrable preparations to use the domain name for a bona fide offering of goods or services;
   2. Customer (as an individual, business, or other organization) has been commonly known by the name corresponding to the domain name, even if the customer has not acquired any trademark or service mark;
   3. customer makes a legitimate noncommercial or fair use of the domain name, without intent to mislead consumers for commercial gain or to tarnish the trademark or service mark.
3. if the Center of Internet names Ukraine receives satisfactory evidence from the Customer the circumstances described in this section (b), within 30 days of the written invitation of the Center Internet names Ukrainian Center for Internet names in Ukraine will not be Take no further action on the request of the plaintiff.
4. if the customer agrees within 30 days of the written invitation Center for Internet domain names free of Ukraine and / or transfer it to the Complainant, and the Center for Internet name of Ukraine, will provide all necessary assistance. Regarding the transfer, plaintiff will have to accept the Agreement Domain Registration and pay the necessary fees before the domain is transferred to it. If the plaintiff does not accept the Agreement Domain Registration, Center for Internet name of Ukraine does not guarantee that the domain can not be registered by another party.
5. if the customer asks for registering a new domain, representing Agreement Domain Registration required for registering a new domain within 30 days of the written invitation Center for Internet names in Ukraine, Center for Internet names in Ukraine will help the customer with the registration of a new domain. Center for Internet customer names Ukraine will support both domain simultaneously for up to 90 calendar days to allow the orderly transition to the new domain. At the end of 90 days of simultaneous use, Center for Internet names Ukraine suspends the operation of the disputed domain name to the end of the dispute.
6. if the customer is responsible for the written invitation of the Center of Ukraine Internet names, filing a civil suit against the plaintiff, and providing a copy of the registered document, beginning a legal action (eg., complaint or order of a court summons and statement of claim), Center for Internet names will keep Ukraine procedures set out in the section "Civil litigation."
7. if the customer fails to respond within 30 days of the written invitation of the Center Internet names or Ukraine will not be able to answer to any one of the 7 (c) to (f) above, the Center for Internet names Ukraine suspends disputed name domain. While the domain is in a suspended state, it should not be available for use by any party. Customer's refusal to respond accordingly be regarded as a breach of the obligation of the Customer to provide accurate and detailed information under the Agreement and the Dispute Policy.
8. Center for Internet names Ukraine restore the suspended domain and will not suspend it in the case of: (i) after receiving the duly certified by a temporary or final decision of the court of competent jurisdiction, or arbitration award that recognizes which side of the dispute, has the right to a domain (ii), if the Center for Internet name of Ukraine takes more satisfactory evidence from the parties resolving the dispute, or (iii), Plaintiff requests that the domain is suspended.
9. Customer involved in the dispute remains subordinate to the terms and conditions of the Agreement, including the following.

Center for Internet names Ukraine will issue a notice (attention) to the Customer in respect of any violation of this section and if the Customer fails to rectify any such breach within 30 days, as provided for under the Agreement and Part 15 of the Dispute Policy, Center for Internet names Ukraine should accordingly exercise the right to cancel the registration of the domain.

Civil litigation

Center for Internet names in Ukraine - the registry and is not an interested party, nor is it does not wish to be named as a party to any dispute between the Customer and the plaintiff. If the customer accepts the course of action in accordance with paragraph (f) under "Procedures for disputes", the Customer hereby agrees that it will not call the Registrar or the Center for Internet name of Ukraine as a party to such a civil suit. Notwithstanding the foregoing terms and conditions "Procedures disputes" if:

1. Customer filing a civil lawsuit related to the registration and use of domain against the plaintiff in a court of competent jurisdiction, the Customer agrees to provide the Centre with Internet names registered copy of Ukraine - a printed document Court, beginning a legal action (eg., complaint or order of a court summons and the statement of claim). Center for Internet names to support Ukraine's existing domain status pending a temporary or final court decision. For example, if the domain is not suspended, it will not be suspended if the domain is suspended, it will remain in a suspended state. Center for Internet names Ukraine will not make any entries in the domain unless there is a court order. The customer also agrees that it shall promptly provide copies of any and all pleadings, registered in action to the Center of Ukrainian Internet Names Center on request Internet name of Ukraine.
2. plaintiff filing a civil lawsuit related to the registration and use of domain against the Customer in a court of competent jurisdiction, and the Center provides online copy of the register the name of Ukraine - a printed document Court, beginning a legal action (eg., complaint or order of a court summons and claim application), Center of Internet names Ukraine will support existing condition waiting time domain or the final decision of the court. For example, if the domain is not suspended, it will not be suspended if the domain is suspended, it will remain in a suspended state. Center for Internet names Ukraine will not make any entries in the domain unless there is a court order.
3. in the case of pp (a) or (b), Center for Internet name of Ukraine, shall keep the conditions of temporary or final court orders or awards of arbitration.
4. Center for Internet name of Ukraine named party in a civil lawsuit, Center of Internet names in Ukraine should not be limited by these actions including, but not limited to, the suspension of the domain until the completion of proceedings using all necessary steps to protect themselves.
5. Customer involved in the litigation, the customer remains subordinate to the terms and conditions of the Agreement, including the following.

transfer domain in dispute

Customer agrees that the Center for Internet names Ukraine may, in its sole discretion to refuse any request from the Customer to transfer the disputed domain name to another holder (i), as soon as the Center for Internet names Ukraine receives information stating that the domain name registered by the Customer violates the legal (statutory) rights of third parties in accordance with section "The origin of the dispute", or (ii) once the center of Internet names Ukraine adopts satisfactory evidence of the Complainant each of the three elements inclusive, in accordance with section "Disputes recognized by the Center for Internet Ukraine names »(a), (b) and (c); or (iii) for pending court proceedings or arbitration commenced regarding the disputed domain if the transferee domain, agrees in writing to be bound by the decision of the court or arbitrator . Center for Internet names Ukraine reserves the right to cancel any transfer of a domain name to another holder that is made in violation of this Section.

Registrars change in the course of the dispute

Customer agrees that it shall not transfer the disputed domain name to another registrar (i), as soon as the Center for Internet names Ukraine receives information stating that the domain is registered by the Customer violates the legal (statutory) rights of third parties in accordance with section "Origin dispute "or (ii) once the center of Internet names Ukraine adopts satisfactory evidence of the Complainant each of the three elements inclusive, in accordance with section" Disputes recognized by the Center for Internet name of Ukraine »(a), (b) and (c). The customer may transfer the disputed domain name to another registrar during the unfinished court action or arbitration, provided that the registered domain name shall continue to be subject pending actions of the court or arbitration proceedings commenced in accordance with the terms of the Dispute Policy. When the customer passes the domain for the unresolved court action or arbitration, such dispute shall remain subordinate to this Agreement and the Dispute Policy.

Disclaimer

Customer agrees that the Center for Internet names in Ukraine will not be liable for any loss of registration and use of the domain of the Customer, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form actions (including negligence) or otherwise, even if the Center of Internet names in Ukraine has been advised of the possibility of such damages. In no event shall the maximum liability Center for Internet names in Ukraine will not exceed the amount paid by the customer in the form of fees under the agreement.

Notice

All correspondence and notices between the Centre Internet name of Ukraine and the Customer under the Dispute Policy will be in writing and shall be delivered personally, by courier, by facsimile transmission and / or first class mail.

relationship between the parties

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of mixed enterprise between the parties.

Neignorirovanie

Ignoring

Center Internet names Ukraine violation of any provision of the Dispute Policy, or non-payment shall not be construed as a waiver of any subsequent breach of the same or other terms or as an omission that party use of any right, power or privilege that it has or may have by virtue of this document, the waiver of any breach or default by the other party.

disorder

Customer agrees that any violation of any provision of this Agreement or the Dispute Policy including any representations or warranties made by the Customer, the Center can be viewed online name of Ukraine as a material breach. Subordinate to any other special provision of this Agreement or the Dispute Policy, Center for Internet names Ukraine can give the customer a written notice of such failure, requiring that, if such breach is not remedied by the Customer within thirty (30) days of the reasonable satisfaction of the Center for Internet names Ukraine, the Center for Internet names Ukraine may cancel the registration of your domain name. Any such breach by the Customer will not be justified by the Centre Internet name of Ukraine did not act earlier in response to any breach of the Customer.

Separation

The provisions of the Dispute Policy inseparable. If any provision of this is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other terms of the Dispute Policy and all terms that are not affected by such invalidity or unenforceability shall remain in full force and effect.

Duty

Recognition Centre Internet names Ukraine Plaintiffs in accordance with section "Disputes recognized Center for Internet names in Ukraine" due to the higher paying non-refundable administration fee plaintiff in the amount of UAH 1000 ..

Entire Agreement

Agreement and the Dispute Policy, which can be corrected by the Registrar or the Center for Internet name of Ukraine - the complete and exclusive agreement between the parties concerning the registration and / or use of your domain name. This Agreement and the Dispute Policy supersede all prior agreements, representations, statements, negotiations, agreements, proposals or undertakings, whether oral or written, whether established by custom, practice, policy or precedent. If there is a conflict between the Agreement and the Dispute Policy, the provisions of the Dispute Policy shall prevail.