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Brazil is the largest country in South America, and the 5th largest in the world, as well as being the only primarily Portuguese speaking country in the New World. Brazil has a large, thriving economy, with many large sectors, including electronics, agriculture, and energy. The .FM.BR extension is intended for use by FM radio companies.
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The most current .fm.br domains dispute policy can be found at: registro.br/dominio/saci-adm.html
REGULATION OF THE ADMINISTRATIVE SYSTEM OF CONFLICTS OF INTERNET FOR A DOMAIN NAME UNDER. "BR" - NAMED SACI-Adm
Article 1. The Administrative System of Conflicts relating to Internet domain names under. "br" - SACI-Adm - aims at the solution disputes between the holder of the domain name. "br" (called "Holder") and any third party (called the "Complainant") containing the legitimacy of the domain name registration by the proprietor.
Article 2. The complainant shall select one of the accredited institutions and ask the institution to the opening of the procedure SACI-Adm, stating in his application:
Article 3 The Complainant, at the opening of the SACI-Adm procedure should explain the reasons why the domain name was registered or is being used in bad faith, so as to cause damage to the Complainant, combined with the proof of existence of at least one of following requirements described in items "a", "b" or "c" below, relation to the domain name object of the conflict:
Article 4. Disputes submitted to SACI-Adm will be decided by specialist (s) chosen (s) only among professionals members of the Body of Experts accredited institution that administer the procedure.
Paragraph: The (s) specialist (s) is (are) chosen (s) in the form established by an accredited institution.
Article 5. There may be appointed expert who:
Article 6. Met the requirements described in Articles 2 and 3 of this Regulation, the institution accredited declare the beginning of SACI-Adm procedure, requiring the holder and by forwarding a copy of all documents and materials submitted by the Complainant and information Further, if any. An accredited institution shall notify the simultaneously with the start of the procedure NIC.br at the address Electronic [email protected], with return receipt requested, to NIC.br that take the action described in Article 7 of this Regulation.
Article 7. Since the beginning of the reporting procedure, and SACI-Adm until its completion, the NIC.br not allow the transfer of ownership of the domain name in dispute, except in compliance with order issued by a court or tribunal.
Paragraph: The cancellation by the Holder, or for non-payment of maintaining the registration of the domain name will be communicated by NIC.br the accredited institution, getting a domain name unavailable for further registration until the end of the procedure SACI-Adm.
Article 8. An accredited institution will send cpr144449003101 communications to the Parties to the following addresses:
Paragraph: If the Party has appointed deputy, the all communications will be made to him and the Party can only be appear in the proceedings of the SACI-Adm through it.
Article 9. The periods specified in these Regulations shall begin on the business day subsequent to the communication by e-mail by the institution Parties or their accredited representatives.
Article 10. The Holder may file a defense within the period specified by the accredited institution.
11 º. The accredited institution shall require that the defense of Holder necessarily included:
Article 12. After the presentation of defense by the Holder or elapsed term which has been made without defense, to fit (s) specialist (s) decide on the need for new production evidence.
Article 13. The procedure of the SACI-Adm continue in default of any Party, provided that the party duly notified in accordance with these Rules, fails to comply with the act within which to compete signaled to do so.
Article 14. There will be no hearing unless (s) specialist (s) so determine (in) because it believes (in) that a hearing is strictly necessary to decide the conflict.
Article 15. Closed education, (s) specialist (s) grant (are) if so provided in Regulation of the accredited institution, deadline for Parties to provide their written memorials.
16 º. The (s) specialist (s) lead (to) the procedure SACI-Adm in accordance with this Regulation and Regulation of accredited institution to administer the procedure, deciding based conflict (s) in Brazilian law applicable to the case in statements, documents and other evidence presented by the Parties.
Article 17. The (s) specialist (s) render (are) the decision procedure within the time specified by the institution, noting the deadline set in art. 28 of these Regulations.
Article 18. If the procedure of the SACI-Adm has been driven by a panel of experts, the decision shall be rendered by a majority of votes, with each expert, including the chairman of the panel experts, only one vote and will be reduced to writing by President and signed by the three experts.
19 º. The decision shall necessarily:
20 º. Delivery of the decision, is given by the end of the procedure SACI-Adm, and to communicate in an accredited institution within five (5) days NIC.br Parties and the entire content of the decision by (s) specialist (s).
Article 21. The interested party may request the (s) specialist (s) within 5 (five) days from the decision science, which correct (m) any material error or clarify (m) any obscurity, doubt or contradiction of the decision, or even to rule (m) on omitted any point of decision.
Article 22. If the decision rendered in the proceedings of the SACI-Adm determine that the domain name be transferred object of the conflict the Complainant or canceled, the NIC.br wait for the expiry of the period 15 (fifteen) working days from the date it was reported by accredited institution of the decision, then implementing it.
Paragraph: If either party filed a proof that lawsuit or arbitration within the period mentioned in the caption this Article, the NIC.br not implement the decision in procedure and wait for a court order or process arbitration.
Article 23. If during the procedure of the SACI-Adm Parties composed amicably ending the conflict, (s) specialist (s) may (will) at the request of the parties, declare such fact in a decision observing, as appropriate, the provisions of this Regulation and informing the NIC.br this composition.
Article 24. The procedure of the SACI-Adm will not be confidential and decisions rendered may be published.
Article 25. An accredited institution shall keep posted on his web site the schedule of fees and costs of the procedure of the SACI-Adm.
Paragraph: The fee (s) of expert (s) will be determined at fixed value independent of the time taken to solve the conflict;
Article 26. The Complainant shall bear all expenses and charges prosecution initiated the SACI-Adm, including the fees (s) of expert (s).
Article 27. There is more than one procedure between the SACI-Adm Complainant and the Registrant, any of them may petition to consolidate these procedures through written request to (s) specialist (s) who has (have) received the first procedure between the Parties, provided that has not been given the decision in any procedures to be unified.
Paragraph: The unification of the procedures or not the SACI-Adm is at the discretion (s) of expert (s) based on an analysis of necessity and convenience.
Article 28. The procedure of the SACI-Adm is expected to close within maximum of 90 (ninety) days from the date of its onset, may be extended at the discretion of the accredited institution, provided that exceed 12 (twelve) months.
Article 29. An accredited institution and (s) specialist (s) ensure (to) the procedure of the SACI-Adm to elapse agility, meeting all deadlines outlined in this Regulation, which may only be extended by a fortuitous event, force majeure or necessary, at the discretion (s) of expert (s) lead (in) the procedure.
Paragraph: An accredited institution may implement rules Further to this Regulation provided that they do not conflict with it.
Art. 30. In any procedure SACI-Adm, the (s) specialist (s) ensure (are) the equality between the parties and that the each party is given fair opportunity to present their reasons, being assured of the contradictory principles of equality the parties, impartiality (s) of expert (s) and your (s) free conviction.
Article 31. The NIC.br not participate in the administration, progress or any decision rendered in the proceedings of the SACI-Adm or exercise any influence on these decisions, being free from responsibility for any act or omission (s) of expert (s) or accredited institution of any proceedings in relation to the SACI-Adm.
Article 32. These Rules may change at any time, if necessary, without notice.
Article 33. The English language must be used as language of any procedure SACI-Adm subject to this Regulation and all the decisions, reports and documents to be delivered in this language.
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