.co.ao and .it.ao Domain Name Dispute Resolution Policy
1. Purpose.
This .co.ao and .it.ao Domain Name Dispute Resolution Policy (the
"Policy") has been adopted by DNS Angola, the operator and current sole
registrar of the .co.ao and .it.ao domains, being the operator selected by the
Faculdade de Engenharia da Universidade Agostinho Neto (the .ao Registry),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 operator and current sole registrar, or any other .co.ao
and/or .it.ao registrar that may be accredited) 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 .co.ao and .it.ao Domain
Name Dispute Resolution Policy (the "Rules of Procedure"), which are available
in the second part of this document, and the World Intellectual Property
Organization (“WIPO”) Arbitration and Mediation Center Supplemental Rules
(“WIPO 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 (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.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following
circumstances:
a. 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;
b. our receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or
c. 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 DNS
Angola. (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.
4. 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 the WIPO Arbitration and Mediation Center (the "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
(i) your domain name is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered or 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 or use of
a domain name in bad faith:
(i) 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
(ii) 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
(iii) you have registered the domain name primarily for the purpose of disrupting
the business of a competitor; or
(iv) 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):
(i) 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
(ii) 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
(iii) 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. Provider. The provider shall be the WIPO Arbitration and Mediation Center.
The Provider will on submission of a complaint by a complainant administer the
proceeding, subject in appropriate cases to consolidation considerations as
described in Paragraph 4(f).
e. 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").
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 being consolidated are
governed by this Policy or a later version of this Policy adopted by DNS Angola.
g. Fees. All fees charged by the 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.
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 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 the
jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of
the Rules of Procedure.(i.e the courts of Angola) 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.
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 (i) 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 (ii) 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.
9. Policy Modifications.
We reserve the right to modify this Policy at any time.
We will post our revised Policy at least thirty (30) calendar days before it
becomes effective. Unless this Policy has already been invoked by the
submission of a complaint to the 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.
Rules for .co.ao and .it.ao Domain Name Dispute Resolution Policy
(the "Rules")
(As Approved by DNS Angola)
Administrative proceedings for the resolution of disputes under the .co.ao
and .it.ao Dispute Resolution Policy adopted by DNS Angola, the operator of
the .co.ao and .it. ao domains, 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.
DNS Angola refers to the operator and current sole registrar that has been
selected by the Faculdade de Engeharia da Universidade Agostinho Neto
(the .ao Registry) to operate the .co.ao and .it.ao domains.
Mutual Jurisdiction means the jurisdiction of the courts of Angola.
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 .co.ao and .it.ao Domain Name Dispute Resolution Policy that
is incorporated by reference and made a part of the Registration Agreement.
Provider means the World Intellectual Property Organization (“WIPO”)
Arbitration and Mediation Center.
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;
(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 domainname 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 nondelivery of the communication, the Party shall promptly notify the Panel (or, if no
Panel is yet appointed, 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 Provider. (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)
(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, cpr144449003101 provide the names and contact details of three candidates
to serve as one of the Panelists (these candidates may be drawn from the
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 precomplaint 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 or
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 applicable. The description shall
comply with any word or page limit set forth in the Provider's Supplemental
Rules.);
(x) Specify, in accordance with the Policy, the remedies sought;
(xi) Identify any other legal proceedings that have been commenced or
terminated in connection with or relating to any of the domain name(s) that are
the subject of the complaint;
(xii) State that a copy of the complaint, together with the cover sheet as
prescribed by the Provider's Supplemental Rules, has been sent or transmitted to
the Respondent (domain-name holder), in accordance with Paragraph 2(b);
(xiii) State that Complainant will submit, with respect to any challenges to a
decision in the administrative proceeding canceling or transferring the domain
name, to the jurisdiction of the courts of Angola;
(xiv) Conclude with the following statement followed by the signature of the
Complainant or its authorized representative:
"Complainant agrees that its claims and remedies concerning the registration of
the domain name, the dispute, or the dispute's resolution shall be solely against
the domain-name holder and waives all such claims and remedies against (a) the
dispute-resolution provider and panelists, except in the case of deliberate
wrongdoing, (b) the registrar, (c) the DNS Angola, and (d) the Faculdade de
Engeharia da Universidade Agostinho Neto, as well as their directors, officers,
employees, and agents.
"Complainant certifies that the information contained in this Complaint is to the
best of Complainant's knowledge complete and accurate, that this Complaint is
not being presented for any improper purpose, such as to harass, and that the
assertions in this Complaint are warranted under these Rules and under
applicable law, as it now exists or as it may be extended by a good-faith and
reasonable argument."; and
(xv) Annex any documentary or other evidence, including a copy of the Policy
applicable to the domain name(s) in dispute and any trademark or service mark
registration upon which the complaint relies, together with a schedule indexing
such evidence.
(c) The complaint may relate to more than one domain name, provided that the
domain names are registered by the same domain-name holder.
4. Notification of Complaint
(a) The Provider shall review the complaint for administrative compliance with the
Policy and these Rules and, if in compliance, shall forward the complaint
(together with the explanatory cover sheet prescribed by the Provider's
Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph
2(a), within three (3) calendar days following receipt of the fees to be paid by the
Complainant in accordance with Paragraph 19.
(b) If the Provider finds the complaint to be administratively deficient, it shall
promptly notify the Complainant and the Respondent of the nature of the
deficiencies identified. The Complainant shall have five (5) calendar days within
which to correct any such deficiencies, after which the administrative proceeding
will be deemed withdrawn without prejudice to submission of a different
complaint by Complainant.
(c) The date of commencement of the administrative proceeding shall be the date
on which the Provider completes its responsibilities under Paragraph 2(a) in
connection with forwarding the Complaint to the Respondent.
(d) The Provider shall immediately notify the Complainant, the Respondent, the
concerned Registrar(s), and DNS Angola (in its capacity as operator and where
relevant, Registrar) of the date of commencement of the administrative
proceeding.
5. The Response
(a) Within twenty (20) days of the date of commencement of the administrative
proceeding the Respondent shall submit a response to the Provider.
(b) The response shall be submitted in hard copy and (except to the extent not
available for annexes) in electronic form and shall:
(i) Respond specifically to the statements and allegations contained in the
complaint and include any and all bases for the Respondent (domain-name
holder) to retain registration and use of the disputed domain name (This portion
of the response shall comply with any word or page limit set forth in the
Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and
telefax numbers of the Respondent (domain-name holder) and of any
representative authorized to act for the Respondent in the administrative
proceeding;
(iii) Specify a preferred method for communications directed to the Respondent 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) If Complainant has elected a single-member panel in the Complaint (see
Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute
decided by a three-member panel;
(v) If either Complainant or Respondent 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 the Provider's list of panelists); (vi) Identify any other legal proceedings that have been commenced or
terminated in connection with or relating to any of the domain name(s) that are
the subject of the complaint;
(vii) State
that a copy of the response has been sent or transmitted to the
Complainant, in accordance with Paragraph 2(b); and
(viii) Conclude with the following statement followed by the signature of the
Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the
best of Respondent's knowledge complete and accurate, that this Response is
not being presented for any improper purpose, such as to harass, and that the
assertions in this Response are warranted under these Rules and under
applicable law, as it now exists or as it may be extended by a good-faith and
reasonable argument."; and
(ix) Annex any documentary or other evidence upon which the Respondent relies,
together with a schedule indexing such documents.
(c) If Complainant has elected to have the dispute decided by a single-member
Panel and Respondent elects a three-member Panel, Respondent shall be
required to pay one-half of the applicable fee for a three-member Panel as set
forth in the Provider's Supplemental Rules. This payment shall be made together
with the submission of the response to the Provider. In the event that the
required payment is not made, the dispute shall be decided by a single-member
Panel.
(d) At the request of the Respondent, the Provider may, in exceptional cases,
extend the period of time for the filing of the response. The period may also be
extended by written stipulation between the Parties, provided the stipulation is
approved by the Provider.
(e) If a Respondent does not submit a response, in the absence of exceptional
circumstances, the Panel shall decide the dispute based upon the complaint.
6. Appointment of the Panel and Timing of Decision
(a) The Provider shall maintain and publish a publicly available list of panelists
and their qualifications.
(b) If neither the Complainant nor the Respondent has elected a three-member
Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall appoint, within five (5)
calendar days following receipt of the response by the Provider, or the lapse of
the time period for the submission thereof, a single Panelist from its list of
panelists. The fees for a single-member Panel shall be paid entirely by the
Complainant.
(c) If either the Complainant or the Respondent elects to have the dispute
decided by a three-member Panel, the Provider shall appoint three Panelists in
accordance with the procedures identified in Paragraph 6(e). The fees for a
three-member Panel shall be paid in their entirety by the Complainant, except
where the election for a three-member Panel was made by the Respondent, in
which case the applicable fees shall be shared equally between the Parties.
(d) Unless it has already elected a three-member Panel, the Complainant shall
submit to the Provider, within five (5) calendar days of communication of a
response in which the Respondent elects a three-member Panel, the names and
contact details of three candidates to serve as one of the Panelists. These
candidates may be drawn from the Provider's list of panelists.
(e) In the event that either the Complainant or the Respondent elects a threemember Panel, the Provider shall endeavor to appoint one Panelist from the list
of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the
appointment of a Panelist on its customary terms from either Party's list of
candidates, the Provider shall make that appointment from its list of panelists.
The third Panelist shall be appointed by the Provider from a list of five candidates
submitted by the Provider to the Parties, the Provider's selection from among the
five being made in a manner that reasonably balances the preferences of both
Parties, as they may specify to the Provider within five (5) calendar days of the
Provider's submission of the five-candidate list to the Parties.
(f) Once the entire Panel is appointed, the Provider shall notify the Parties of the
Panelists appointed and the date by which, absent exceptional circumstances,
the Panel shall forward its decision on the complaint to the Provider.
7. Impartiality and Independence
A Panelist shall be impartial and independent and shall have, before accepting
appointment, disclosed to the Provider any circumstances giving rise to justifiable
doubt as to the Panelist's impartiality or independence. If, at any stage during the
administrative proceeding, new circumstances arise that could give rise to
justifiable doubt as to the impartiality or independence of the Panelist, that
Panelist shall promptly disclose such circumstances to the Provider. In such
event, the Provider shall have the discretion to appoint a substitute Panelist.
8. Communication Between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication
with the Panel. All communications between a Party and the Panel or the
Provider shall be made to a case administrator appointed by the Provider in the
manner prescribed in the Provider's Supplemental Rules.
9. Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the Panelist is
appointed in the case of a Panel consisting of a single member, or as soon as
the last Panelist is appointed in the case of a three-member Panel.
10. General Powers of the Panel
(a) The Panel shall conduct the administrative proceeding in such manner as it
considers appropriate in accordance with the Policy and these Rules.
(b) In all cases, the Panel shall ensure that the Parties are treated with equality
and that each Party is given a fair opportunity to present its case.
(c) The Panel shall ensure that the administrative proceeding takes place with
due expedition. It may, at the request of a Party or on its own motion, extend, in
exceptional cases, a period of time fixed by these Rules or by the Panel.
(d) The Panel shall determine the admissibility, relevance, materiality and weight
of the evidence.
(e) A Panel shall decide a request by a Party to consolidate multiple domain
name disputes in accordance with the Policy and these Rules.
11. Language of Proceedings
(a) Unless otherwise agreed by the Parties, or specified otherwise in the
Registration Agreement, the language of the administrative proceeding shall be
the language of the Registration Agreement, subject to the authority of the Panel
to determine otherwise, having regard to the circumstances of the administrative
proceeding.
(b) The Panel may order that any documents submitted in languages other than
the language of the administrative proceeding be accompanied by a translation in
whole or in part into the language of the administrative proceeding.
12. Further Statements
In addition to the complaint and the response, the Panel may request, in its sole
discretion, further statements or documents from either of the Parties.
13. In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference,
videoconference, and web conference), unless the Panel determines, in its sole
discretion and as an exceptional matter, that such a hearing is necessary for
deciding the complaint.
14. Default
(a) In the event that a Party, in the absence of exceptional circumstances, does
not comply with any of the time periods established by these Rules or the Panel,
the Panel shall proceed to a decision on the complaint.
(b) If a Party, in the absence of exceptional circumstances, does not comply with
any provision of, or requirement under, these Rules or any request from the
Panel, the Panel shall draw such inferences therefrom as it considers appropriate.
15. Panel Decisions
(a) A Panel shall decide a complaint on the basis of the statements and
documents submitted and in accordance with the Policy, these Rules and any
rules and principles of law that it deems applicable.
(b) In the absence of exceptional circumstances, the Panel shall forward its
decision on the complaint to the Provider within fourteen (14) days of its
appointment pursuant to Paragraph 6.
(c) In the case of a three-member Panel, the Panel's decision shall be made by a
majority.
(d) The Panel's decision shall be in writing, provide the reasons on which it is
based, indicate the date on which it was rendered and identify the name(s) of the
Panelist(s)
(e) Panel decisions and dissenting opinions shall normally comply with the
guidelines as to length set forth in the Provider's Supplemental Rules. Any
dissenting opinion shall accompany the majority decision. If the Panel concludes
that the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so
state. If after considering the submissions the Panel finds that the complaint was
brought in bad faith, for example in an attempt at Reverse Domain Name
Hijacking or was brought primarily to harass the domain-name holder, the Panel
shall declare in its decision that the complaint was brought in bad faith and
constitutes an abuse of the administrative proceeding.
16. Communication of Decision to Parties
(a) Within three (3) calendar days after receiving the decision from the Panel, the
Provider shall communicate the full text of the decision to each Party, the
concerned Registrar(s), and DNS Angola (in its capacity as operator and where
relevant, Registrar) . The concerned Registrar(s) shall immediately communicate
to each Party, the Provider, and DNS Angola (in its capacity as operator) the
date for the implementation of the decision in accordance with the Policy.
(b) Except if the Panel determines otherwise (see Paragraph 4(j) of the Policy),
the Provider shall publish the full decision and the date of its implementation on a
publicly accessible web site. In any event, the portion of any decision determining
a complaint to have been brought in bad faith (see Paragraph 15(e) of these
Rules) shall be published.
17. Settlement or Other Grounds for Termination
(a) If, before the Panel's decision, the Parties agree on a settlement, the Panel
shall terminate the administrative proceeding.
(b) If, before the Panel's decision is made, it becomes unnecessary or impossible
to continue the administrative proceeding for any reason, the Panel shall
terminate the administrative proceeding, unless a Party raises justifiable grounds
for objection within a period of time to be determined by the Panel.
18. Effect of Court Proceedings
(a) In the event of any legal proceedings initiated prior to or during an
administrative proceeding in respect of a domain-name dispute that is the subject
of the complaint, the Panel shall have the discretion to decide whether to
suspend or terminate the administrative proceeding, or to proceed to a decision.
(b) In the event that a Party initiates any legal proceedings during the pendency
of an administrative proceeding in respect of a domain-name dispute that is the
subject of the complaint, it shall promptly notify the Panel and the Provider. See
Paragraph 8 above.
19. Fees
(a) The Complainant shall pay to the Provider an initial fixed fee, in accordance
with the Provider's Supplemental Rules, within the time and in the amount
required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute
decided by a three-member Panel, rather than the single-member Panel elected
by the Complainant, shall pay the Provider one-half the fixed fee for a threemember Panel. See Paragraph 5(c). In all other cases, the Complainant shall
bear all of the Provider's fees, except as prescribed under Paragraph 19(d).
Upon appointment of the Panel, the Provider shall refund the appropriate portion,
if any, of the initial fee to the Complainant, as specified in the Provider's
Supplemental Rules.
(b) No action shall be taken by the Provider on a complaint until it has received
from Complainant the initial fee in accordance with Paragraph 19(a).
(c) If the Provider has not received the fee within ten (10) calendar days of
receiving the complaint, the complaint shall be deemed withdrawn and the
administrative proceeding terminated.
(d) In exceptional circumstances, for example in the event an in-person hearing
is held, the Provider shall request the Parties for the payment of additional fees,
which shall be established in agreement with the Parties and the Panel.
20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist
shall be liable to a Party for any act or omission in connection with any
administrative proceeding under these Rules.
21. Amendments
The version of these Rules in effect at the time of the submission of the
complaint to the Provider shall apply to the administrative proceeding
commenced thereby. These Rules may not be amended without the express
written approval of DNS Angola.
