The most recent source for .ne.ke domains dispute policy can be found at:
www.kenic.or.ke/index.php/dispute-resolution
Rules for Domain Name Dispute Resolution Policy
Any dispute administered by Kenic shall be governed by these Rules and such supplemental rules as are from time to time amended by the Board of Kenic and shall be posted as the Dispute Resolution Rules
Definitions
In this rules:
Complainant means the party initiating a complaint concerning a domain name registration.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Kenic refers to the Kenya Network Information Center a not for profit organization registered in Kenya as a Company Limited by Guarantee for the purpose of being the Administrative Technical Contact for the operation of Kenya's ccTLD.
Mutual Jurisdiction means the jurisdiction either (a) at the principal office of the Registrar (if 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) at the location of the domain-name holder's address as shown for the registration of the domain name in Registrar's WHOIS database at the time of the complaint (if the domain-name holder has not submitted to such jurisdiction in the Registration Agreement).
Panel means an administrative panel appointed by the Provider to decide a complaint concerning a domain name registration.
Panelist means an individual appointed by the Provider to be a member of the 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 listed in the Registrar's website.
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 this Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.
Communications
When forwarding a complaint to the Respondent, it shall be the Provider's responsibility to employ any 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:
- sending the complaint to all postal mail and facsimile addresses (A) shown in the domain names 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 Provider for the registrations billing contact; and
- sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses for those technical, administrative, and billing contacts; and
- 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 Provider by Complainant under Paragraph 3(b)(v); and
- if the domain name (or "www." followed by the domain name) resolves to an active web page, sending electronic portions of the complaint to any e-mail address shown on that web page.
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
- by telecopy or facsimile transmission, with a confirmation of transmission; or
- by postal or courier service, postage pre-paid and return receipt requested; or
- electronically via the Internet, provided a record of its transmission is available.
Any communication to the Provider shall be made by the means and in the manner (including number of copies) stated at www.kenic.or.ke/disputeresolutionrules/providers. Any communication with the Panel shall be made according to the Panels directions stated at www.kenic.or.ke/disputeresolutionpanel.
Either Party may update its contact details by notifying the Provider and the Registrar.
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:
- if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or
- if by postal or courier service, on the date marked on the receipt; or
- if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.
All time periods calculated under these Rules shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(e).
Any communication by
- a Panel to any Party shall be copied to the Provider and to the other Party;
- the Provider to any Party shall be copied to the other Party; and
- a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.
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.
The Complaint
Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to [subject to comment].
The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
- Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
- Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Complainant and of any representative authorized to act for the Complainant in the administrative proceeding;
- 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;
- Designate whether Complainant elects to have the dispute decided by a single-member or a three-member Panel;
- 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;
- Specify the domain name(s) that is/are the subject of the complaint;
- Identify the Registrar(s) with whom the domain name(s) is/are registered at the time the complaint is filed;
- Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark, describe the goods or services 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);
- In no more than [number of] words per domain name, describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,
- the manner in which the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
- 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
- why the domain name 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 applicable. Specify, in accordance with the Policy, the remedies sought;
- Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that are the subject of the complaint;
- State that a copy of the complaint, together with the cover sheet as posted at , has been sent or transmitted to the Respondent (domain-name holder), in accordance with Paragraph 2(b);
- 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 in the Mutual Jurisdiction;
- 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, (b) the registrar, (c) the registry administrator, and (d) the Internet Corporation for Assigned Names and Numbers, 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
Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name(s) in dispute, any trademark or service mark registration upon which the complaint relies, together with a schedule indexing such evidence.
The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.
Notification of Complaint
The Provider shall review the complaint for compliance with the Policy and these Rules and, if in compliance, shall forward the complaint (together with any explanatory cover sheet prescribed by the Provider's supplemental rules) to the Respondent, in the manner prescribed by Paragraph 2(a),within three (3) days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
If the Provider finds the complaint not to be in compliance with the Policy and these Rules, it will promptly notify the Complainant and the Respondent of the fact of and reasons for that finding. The administrative proceeding will be deemed dismissed without prejudice to submission of a different complaint by Complainant, with payment of a new fee.
The date of commencement of the administrative proceeding shall be the date on which the complaint is forwarded by the Provider to the Respondent.
The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), and ICANN of the date of commencement of the administrative proceeding.
The Response
Within twenty (20) days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the Provider.
The response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:
- In no more than [number of] words per domain name, respond 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;
- 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;
- 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;
- If Complainant has designated 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 and, if so, commit to pay half the fees of the Provider and Panelists;
- Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name(s) that are the subject of the complaint;
- State that a copy of the response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and
- 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
Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
At the request of the Respondent, the Provider may, in exceptional cases, extend the period of time for the filing of the response.
If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.
Appointment of the Panel and Timing of Decision
Each Provider shall maintain and publish a publicly available list of Panelists available to sit on their Panel.
The Panel shall be selected by the Provider as per the standard rules for resolution of disputes used by the Provider.
Once 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.
In appointing a Panel, the Provider shall take into consideration factors such as the identity of the Parties, the language of the proceedings (Paragraph 11), the circumstances underlying the complaint and the number of other complaints to be decided by the Panel.
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 cpr144449003101 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.
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.
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.
General Powers of the Panel
- The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.
- 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.
- 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.
- The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
- A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.
Language of Proceedings
Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be English.
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.
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.
In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference, video-conference, 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.
Default
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 decision on the complaint.
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.
Panel Decisions
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.
In the absence of exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider within thirty (30) days of its appointment pursuant to Paragraph 6.
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).
Any dissenting opinion shall accompany the majority decision and shall normally be limited to [number of] words. 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.
Communication of Decision to Parties
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, and to Kenic and shall indicate the date for the implementation of the decision in accordance with the Policy.
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 website.
Settlement or Other Grounds for Termination
If, before the Panel's decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding.
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.
Effect of Court Proceedings
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.
In the event that a Party initiates any legal proceedings during the pend ency 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.
Fees
The Complainant shall pay to the Provider an initial fixed fee in accordance with the Provider's published schedule within the time and in the amount required.
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).
If the Provider has not received the fee within ten (10) days of receiving the complaint, the complaint shall be deemed withdrawn and the administrative proceeding terminated.
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.
Amendments
The version of these Rules in effect at the time of the filing of the complaint shall apply to the administrative proceeding commenced thereby. These Rules may not be amended without the express written approval of the Board Of Directors Kenic.
The most recent source for this dispute policy can be found at:
www.icann.org/en/help/dndr/udrp/policy
Uniform Domain Name Dispute Resolution Policy
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 .ne.ke 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 (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 ICANN or the .ne.ke Registry. (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 one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/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
(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 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:
(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. 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 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 ICANN or the .ne.ke Registry.
g. Fees. All fees charged by a 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 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 (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 with the permission of ICANN. 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 a 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.
