Effective May 16, 2018
1. Formation and Modification of Contract
This Domain Name Registration Agreement, which includes Exhibit A Private Domain Name Registration Service Terms and Exhibit B Uniform Domain-Name Dispute-Resolution Policy is entered into by you (either personally or on behalf of another person or organization) and TierraNet Inc. ("TierraNet") as part of the TierraNet Universal Terms of Service Agreement (collectively, this "Agreement").
This Agreement states all of the terms and conditions regarding your use of the TierraNet Domain Name Registration Services ("Domain Name Services") such as, but not limited to, domain name registration, renewal, and transfer services. The pricing for these services can be found here.
Your electronic acceptance of this Agreement confirms that you have read, understand, acknowledge and agree to be bound by this Agreement.
TierraNet may, in its sole and absolute discretion and from time to time, amend all or any part of this Agreement. Amendments will become effective immediately upon posting to this website, but will not be applied retroactively. Your use of the Domain Name Services after amendments have been posted to this website will constitute your acceptance of this Agreement as last amended. Do not use (or continue to use) the Domain Name Services if you do not agree to be bound by this Agreement as last amended.
TierraNet may occasionally elect to email you advance notice of pending amendments to this Agreement. For this and other reasons, it is important you keep your email address and other account information accurate and up-to-date in the TierraNet Control Panel.
2. TierraNet as an ICANN-Accredited Registrar
TierraNet is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar. You acknowledge and agree that as an ICANN-accredited registrar, TierraNet is bound by an agreement with ICANN. TierraNet may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by ICANN and/or the registry applicable to the top level domain ("TLD") or country code top level domain ("ccTLD") in question. As used herein the terms "registry", "Registry", "registry operator", or "Registry Operator" shall refer to the registry applicable to the TLD or ccTLD in question.
You agree to be bound by the rules, policies and agreements of each applicable Registry Operator. You further agree to comply with the ICANN requirements, standards, policies, procedures and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself, or any other arrangement with ICANN. You further agree to comply with any operational standards, policies, procedures and practices for each applicable Registry Operator as established from time to time by the applicable Registry Operators in a non-arbitrary manner, which shall be effective 30 days after email notice or posting on this website.
3. Your Rights and Responsibilities as a Registrant
Additional ICANN materials as well as your rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at: http://www.icann.org/en/resources/registrars/registrant-rights.
4. Registration Information and Use
As part of the domain name registration process and in accordance with ICANN policies, you agree to submit the domain name you are registering and complete and accurate information to TierraNet, including the following (collectively, "Registration Information"):
1. Your name and mailing address (or those of the person or organization to whom you are registering the name);
2. Administrative, technical and billing contact information, including name, mailing address, email address, telephone number and, where available, fax number.
Your Registration Information will be shared with the Registry Operator for its use, copying, distribution, publication, modification and other processing purposes. As required by ICANN, your information must also be made available to the public via the WHOIS database, unless you purchase the Private Domain Name Registration Service from TierraNet described in Exhibit A. Your information will also be provided as applicable laws may require or permit.
Both TierraNet and the Registry Operator may be required to archive your Registration Information with a third-party escrow service to keep the domain name operating in the event either party leaves the domain name registration business.
TierraNet shall not process the Registration Information collected from you in a way incompatible with the purposes and other limitations about which it has provided notice. TierraNet shall take reasonable precautions to protect the Registration Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
You may review, modify or update your Registration Information by accessing the TierraNet Control Panel. You agree to update and modify your Registration Information within 7 days of any changes to the Registration Information you provided as part of the registration process. It is solely your responsibility to keep this information current and accurate.
In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate or unreliable information or willfully fail to update your Registration Information within 7 days after any change occurs, you will be in material breach of this Agreement and TierraNet may, in its sole discretion, suspend or terminate your domain name registration.
You further agree that your failure to respond within 15 days to any inquiry by TierraNet concerning the accuracy of your Registration Information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or cancellation of your domain name registration.
ICANN and the Registry Operators may establish or modify, at any time, guidelines, limits and/or requirements that relate to the amount and type of information that TierraNet may or must make available to the public or to private entities, and the manner in which such information is made available. You agree to any and all such disclosures and use of information (including any corresponding guidelines, limits and restrictions on disclosure, or use thereof) provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name.
You hereby consent to, and give permission for, all of the foregoing requirements and disclosures. You further represent that notice has been provided equivalent to the foregoing to any third-party individuals whose personal data are supplied to TierraNet by you, and that you have obtained consent equivalent to this paragraph of any such third-party individuals.
5. Additional Registration Information
In addition to the Registration Information and in accordance with ICANN policies, TierraNet may be required to submit to ICANN all or part of the following (collectively, "Additional Registration Information"):
1. The original creation date of your domain name registration;
2. The submission date and time of your registration to TierraNet and by TierraNet to the Registry Operator (as defined below);
3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and TierraNet;
4. Account records for your domain name registration, including dates and amounts of all payments and refunds;
5. The IP addresses of the primary nameserver and any secondary nameservers for your domain name;
6. The corresponding names of those nameservers;
7. The expiration date of your registration; and
8. Information regarding all other activity between you and TierraNet regarding your domain name registration and related services.
You hereby consent to, and give permission for, all of the foregoing disclosures.
6. No Guarantee of Registration or Renewal
Upon accepting your application to register or renew a domain name, TierraNet will submit your application to the Registry Operator. No domain name registration will be effective unless and until the Registry Operator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration through the Registry Operator is unsuccessful.
You agree that TierraNet does not guarantee you will be able to register or renew a desired domain name, even if TierraNet indicates that the domain name is available and you are able to complete the transaction with respect to that domain name. You also understand that TierraNet cannot know with certainty whether or not the domain name you are seeking to register is simultaneously being sought by a third party, or whether there are inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS and other registry databases.
You are solely responsible for making sure that your registration or renewal has been properly processed. You agree that TierraNet is not responsible for any inaccuracies or errors in the domain name registration or renewal process.
You also agree that TierraNet may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited, improper, unavailable, infringing or questionable domain name.
7. Private Domain Name Registration Option
All of your Registration Information must be made available to the public in the WHOIS directory as determined by ICANN policy and may be sold in bulk as set forth in the ICANN Registrar Agreement with TierraNet. This information includes, but is not limited to, your name, mailing address, email address, phone number and fax number. Using false information may lead to the termination of your domain name registration.
TierraNet offers to you an add-on Private Domain Name Registration Service for domain name registrations and renewals. If you elect to purchase the Private Domain Name Registration Service, you agree to the provisions contained in Exhibit A, which are incorporated as part of this Agreement.
8. Your Representations
By submitting to register or renew a domain name, you hereby represent and warrant that (1) the statements you make in connection with such registration or renewal are complete and accurate, and your contact information will be kept current; (2) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (3) you are not registering the domain name for an unlawful purpose; and (4) you will not use the domain name in violation of any applicable laws or regulations or this Agreement, including, but not limited to, TierraNet's Acceptable Use Terms.
You agree that it is your sole responsibility to determine whether your domain name registration or use infringes or otherwise violates any third party's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate any third party's rights.
9. Domain Name Registrant
When registering a domain name with TierraNet, you may designate a Registrant for the domain name. The Registrant of a domain name possesses all authority granted by TierraNet under this Agreement to act with respect to that domain name. This includes, but is not limited to, the authority to terminate, renew and transfer (where permitted) your domain name. If a Registrant is not explicitly specified, the administrative contact will be set as the Registrant.
10. Administrative Contact
During the registration process, you must designate an administrative contact. The administrative contact may be the same person or entity as the Registrant, or may be different. The Registrant may delegate certain of its rights to the administrative contact, including managing the domain name, purchasing additional services and/or transferring the domain name registration to a different registrar where allowable. The Registrant is responsible for all actions or omissions of the administrative contact.
11. Domain Name Licensing
If you intend to license the use of your domain name to a third party, you are nonetheless the registered name holder of record. You are still responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical contact information in the TierraNet control panel to facilitate timely resolution of any problems that arise in connection with the domain name.
You acknowledge and agree to accept liability for any harm caused by the wrongful use of the domain name by any third party licensee, unless you disclose the current contact information provided by the licensee and the identity of the licensee within 7 days to a party providing you with reasonable evidence of actionable harm.
Additionally, you agree to disclose to TierraNet the current contact information for the licensee within 7 days upon notification of possible breach of this Agreement.
12. Premium Domain Service
TierraNet acts as a facilitator to assist your purchase of a premium domain name. Premium domain names are domain names that have been registered previously and are on the market for resale. Premium domain names are more expensive than new domain names. The price may be determined based on factors such as marketability, spelling, traffic, and economic trends.
13. Parked Page
Upon registration, your domain name will automatically be placed on nameservers provided by TierraNet. If you do not direct your domain name away from TierraNet's nameservers, you acknowledge that TierraNet will direct your domain name to a "Parked Page". There is no charge for parking a domain name.
TierraNet may provide advertising on your Parked Page. You agree you are not entitled to any compensation from this advertising. TierraNet makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on the Parked Page, and you agree TierraNet will not have any liability or responsibility to you or any third party relating to such content or advertising.
In addition to the Parked Page, TierraNet also makes available: (1) a "Domain Reserved" page to let others know that the domain name is registered; (2) an "Under Construction" page to let visitors know they should expect your website to be available soon; (3) a URL Redirect, which allows you to direct visitors to an existing website when they visit your domain name; and (4) a "Frame Forward", which allows you to direct visitors to an existing website when they visit your domain name, but they will still see your domain name in the web browser. These options can all be accessed and selected in the TierraNet Control Panel.
14. Change of Registrars
You agree you will not transfer any domain name registered through TierraNet to another domain name registrar during the first 60 days after your initial registration date and within 60 days of any change of registrant (including changes to the name, email address, or phone number of registrant). At the time of any requested transfer of your domain name, your domain name must be active, not expired or about to expire within the next 5 days, and there must not be any outstanding balance on your account.
TierraNet reserves the right, without obligation, to deny or delay any transfer in the event any of the foregoing items is not met, or any pending domain name disputes, lawsuits, criminal investigations or other legal proceedings exist.
15. Expiration and Renewals
If your domain name is set to auto-renew, your credit card will be charged between 30 to 45 days prior to its expiration date as set forth in the Payment Terms. If you signed up for the Private Domain Name Registration Service, this Service will automatically renew when your domain name registration is up for renewal and you will incur the applicable additional renewal fee unless you cancel in advance. In either case, you agree it is solely your responsibility to keep your credit card information and contact information current via the TierraNet Control Panel.
If your domain name is not set to auto-renew or your credit card on file is declined, TierraNet will send to your registered email address an email notice approximately 30 days prior to the date your domain name is set to expire, and another email notice approximately 7 days prior to the expiration date. If you do not renew your domain name by its expiration date, your domain name will automatically expire and be deactivated.
After your domain name has expired, you have 30 days to renew and reactivate your domain name by paying the renewal fee.
30 days after the expiration date of your domain name, your domain name will enter the redemption grace period ("Redemption Grace Period") of 30 additional days in which you must pay a $99.00 redemption fee in addition to TierraNet's renewal fee to reclaim your domain name.
You understand that TierraNet may renew or redeem your domain name on your behalf, at its sole discretion. If you have not paid any outstanding renewal and/or redemption fees within 60 days of the initial expiration date, your domain may be sold or offered for auction by a 3rd party.
Thirty days after the beginning of the Redemption Grace Period (i.e., 60 days after the initial expiration date of your domain name), your domain name may be released by TierraNet and it will become publicly available for registration on a first-come-first-served basis.
You agree that TierraNet will not be responsible for expired or cancelled domain names that you fail to renew or redeem, either automatically or manually, in the timeframes indicated in this Agreement. You agree that TierraNet has no obligation to you if you fail to renew or redeem (and pay any associated fees) your domain name within 60 days of its initial expiration date.
16. Uniform Dispute Resolution Policy and Other Disputes
In the event of any dispute about the ownership, use or other rights to the domain name, you agree to be bound by the UDRP, which can be found in Exhibit B. You also agree to submit to proceedings commenced under ICANN's Uniform Rapid Suspension System, if applicable.
In the event of any dispute as described in the preceding paragraph, or if TierraNet is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a domain name you registered with TierraNet, TierraNet may in its sole discretion, take whatever action TierraNet deems necessary regarding modification, lock, cancellation, assignment and/or control of the domain name until the dispute is settled. In this event, you agree to hold TierraNet harmless for and against any such action taken by TierraNet.
For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where TierraNet is located.
17. Suspension, Cancellation or Transfer
Your registration of any domain name shall be subject to suspension, cancellation or transfer pursuant to ICANN adopted specification or policy, or pursuant to any TierraNet procedure not inconsistent with any ICANN adopted specification or policy to correct mistakes by TierraNet or the Registry Operator in registering any domain names.
TierraNet and the Registry Operators reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name on registry lock, hold or similar status, as either deem necessary, in its unlimited and sole discretion for the following purposes:
(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the internet;
(2) to correct mistakes made by the Registry Operators or any registrar in connection with a domain name registration;
(3) for the non-payment of fees;
(4) to protect the integrity and stability of the Registry Operator;
(5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(6) to comply with any applicable ICANN rules or regulations, including without limitation, the Registrar Accreditation Agreement;
(7) to avoid any civil or criminal liability on the part of the Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; and/or
(8) per the terms of this Agreement.
TierraNet will take reasonable and prompt steps to investigate and respond to any reports of abuse or Illegal Activity involving the domain names of its customers. For purposes of this Agreement, Illegal Activity means conduct involving use of a domain name that is prohibited by applicable law, and/or exploitation of TierraNet's Domain Name Services in furtherance of conduct prohibited by applicable law.
TierraNet maintains a dedicated email address at firstname.lastname@example.org and a telephone number (619-393-2105) that is monitored 24 hours a day, seven days a week, to receive reports of Illegal Activity from law enforcement, consumer protection, and others. Well-founded reports of Illegal Activity (as determined by TierraNet) will be reviewed within 24 hours by TierraNet, which will, in its sole and absolute discretion, take appropriate action in response to the report.
TierraNet will document its receipt of and response to all such reports and shall maintain the records related to such reports for two years, unless legally required to be maintained for a longer period. During such period, TierraNet shall provide such records to ICANN upon reasonable notice.
If you want to report any abuse involving a domain name of a customer of TierraNet, please email TierraNet at email@example.com or by phone at (619) 393-2105. Please include the following information: abuse type (phishing, spam, etc.), URLs, relevant logging information (traffic, port scans, malicious activity, etc.), and any additional pertinent information.
19. Right of Refusal
TierraNet, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name, and may delete the registration of any domain name within the first 30 days after registration has taken place. In this event, TierraNet will refund any fees paid to TierraNet in connection with the registration either being cancelled or refused.
20. Domain Search
The data contained in the TierraNet Domain Search, while believed by TierraNet to be reliable, is provided "as is", with no guarantee or warranties regarding its accuracy. This information is provided for the sole purpose of assisting you to search domain name registration records. Any use of this data for any other purpose, including but not limited to, dissemination or collection for transmission of unsolicited advertising or solicitations, is expressly forbidden. You may not use the data to allow, enable, or otherwise support any marketing activities, regardless of the medium used. Such media include but are not limited to email, telephone, facsimile, mailing mail, SMS, and wireless alerts. In addition, you may not sell or redistribute the data. Queries must be limited to 10 per minute and one connection.
The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
22. Inconsistent Terms
In the event of any inconsistent terms of this Domain Name Registration Agreement with the terms of the Registrar Accreditation Agreement, the latter will control.
By registering domains in the following listed TLDs, you are agreeing to the terms of those registries. In the event of a conflict between these Additional Terms and any other provision of this Agreement, these Additional Terms will control with respect to these respective, identified top level domains (TLDs).
Private Domain Name Registration Service
You may elect to subscribe to the TierraNet Private Domain Name Registration Service ("Private Registration Service") at the time you register a domain name, renew a domain name, or at any other time.
By subscribing to the Private Registration Service, you authorize and direct TierraNet to serve as your proxy and to act as the administrative contact for your domain name. Specifically, you authorize and direct TierraNet to display an alternate contact name, mailing address, email address and phone number (the "Contact Information") directed to TierraNet as proxy in the public WHOIS database for your domain name registration.
You agree to promptly update and maintain your contact information and credit card information with TierraNet, as described in the Domain Name Registration Agreement.
You understand and acknowledge that Private Registration Services may not be permitted by some Registry Operators.
By subscribing to the Private Registration Service, you authorize and direct TierraNet to process all communications addressed to you and received by TierraNet, as follows:
Email - TierraNet will list a proxy email address in the WHOIS database. If a third party sends an email to that address, the sender will receive an automated email response directing them to another website owned and operated by TierraNet. At this website, the third party may complete a web form in order to contact you. The information in the web form will be emailed by TierraNet to your email address on file in the TierraNet Control Panel.
Mailing Address - You hereby authorize TierraNet to receive, sort, open, forward and destroy any and all mail received by TierraNet at the P.O. Box or street address listed by TierraNet in the WHOIS database. Any first class, certified, express mail, or other mail referenced to your domain name will be, at TierraNet's sole discretion, mailed (or scanned and emailed) to you according to your most current mailing address on file in the TierraNet Control Panel. If scanned and emailed to you, TierraNet will retain the original mail for 7 calendar days. During that 7-day period, you may request TierraNet to forward the hard copy of the mail to you, subject to additional mailing and processing fees.
Telephone - TierraNet will list its Private Registration Service phone number in the WHOIS database. This number will be answered by an automated recording that will instruct callers to contact you using either the TierraNet proxy email address or the TierraNet proxy mailing address displayed in the public WHOIS database.
The initial fees for the Private Registration Service must be paid by you at the time of your subscription. You will be billed annually for this Private Registration Service as described in the Payment Terms, synchronized with the month and day of the corresponding domain name expiration date.
You agree not to provide any third party with the TierraNet WHOIS Contact Information for the purpose of communications with you. The Private Registration Service is not a mail forwarding service. TierraNet may immediately terminate the Private Registration Service and, at its sole discretion, disclose your registration information on the WHOIS database in the event TierraNet believes you may have violated this restriction.
You acknowledge that by subscribing to the Private Registration Service, you will not receive all communications sent to you at the Contact Information listed in the WHOIS database. You agree that TierraNet is not liable or otherwise responsible for any loss or liability that may result from your use of the Private Registration Service, including without limitation, your receipt of important communications such as UDRP complaints and other legal notices.
Reservation of Rights
TierraNet expressly reserves the right, in its sole and absolute discretion, to: (a) reveal your contact information to third parties; (b) populate the public WHOIS database with your name, primary mailing address, email address and/or telephone number as provided by you to TierraNet, or (c) terminate your subscription to the Private Registration Service, for the following purposes:
(1) to comply with any applicable laws, government rules or requirements, subpoenas, search warrants, court orders, requests of law enforcement or government agencies, or any dispute resolution process;
(2) if any third party claims that the domain name infringes or otherwise violates any trademark, trade name, or other legal rights, whether or not such claim is valid;
(3) if you breach any Agreement you have entered into with TierraNet;
(4) to comply with the contracts, rules, procedures or practices, and to protect the integrity and stability of, ICANN or the Registry Operator that governs the domain name extension;
(5) To avoid any civil or criminal action or liability on the part of TierraNet, its subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; and/or
(6) To prevent inappropriate activity that comes to TierraNet's attention, including without limitation, your use of the Private Registration Service to hide your involvement in spamming, violating the law, or engaging in unlicensed or morally objectionable activities.
Abuse/Infringement Point of Contact
TierraNet maintains a dedicated email address at firstname.lastname@example.org and a telephone number (619-393-2105) that is monitored 24 hours a day, seven days a week, to receive reports of illegal conduct from law enforcement, consumer protection agencies and others. For more information, see the Abuse section in this Domain Name Registration Agreement.
Reversion to Public Registration
TierraNet will revert private WHOIS information back to public information at any time following a request in writing by you.
If you elect to transfer a privately registered domain name to a different registrar, the Private Registration Service will automatically terminate.
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 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 http://www.icann.org/en/dndr/udrp/uniform-rules.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. (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 http://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.
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. Transfer 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 https://www.tierra.net/TOS_current/ 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