REGISTRATION AGREEMENT

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of DomainPeople, Inc.'s ("domainpeople.com") domain name registration services to register an Internet domain name, as well as your registration of that domain name.

To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by DomainPeople, Inc. from time to time. This Agreement will become effective when accepted by DomainPeople, Inc.

DomainPeople, Inc. may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1. Company Abstract
DomainPeople, Inc. is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org TLDs. and has been granted full rights to provide Internet domain registration services for second-level domain names within the .com, .org and .net top-level domains. ICANN oversees the domain name system management for .com, .net, and .org TLDs.

As an ICANN accredited domain name registrar, DomainPeople, Inc. is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for .com, .net and .org are not effective until we have delivered the required domain name registration information you provide us to the registry administrator for the .com, .net or .org TLDs, as applicable, and the registry administrator for the .com, .net, and .org TLDs (currently Network Solutions, Inc.) puts into effect your domain name registration.

You agree and acknowledge that DomainPeople, Inc. is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

You further agree to indemnify, defend and hold harmless the registry administrator 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, your domain name registration.

2. Fees
You or the reseller on your behalf, will be responsible to pay for all fees associated with domain name services provided by DomainPeople, Inc. You will be notified directly by DomainPeople, Inc. when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Payment must be made by credit card or such other method as we may indicate in the registration renewal form. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that DomainPeople, Inc. shall have no liability whatsoever with respect to any such cancellation. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. DomainPeople, Inc. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by DomainPeople, Inc. in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to DomainPeople, Inc. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently a fee of US$200 is set as the reinstatement fee.

3. Dispute Policy
You agree to be bound by the current DomainPeople, Inc. Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.domainpeople.com/terms.html#policy Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. You agree to indemnify DomainPeople, Inc. against all claims, demands, and proceedings. DomainPeople, Inc. may modify the Dispute Policy in its sole discretion at any time with the permission of ICANN. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify and hold DomainPeople, Inc. harmless pursuant to the terms and conditions contained in the Dispute Policy.

4. Transfer of Domain Name Ownership
Prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay DomainPeople, Inc. the then-current amount for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determine by DomainPeople, Inc. in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying DomainPeople, Inc. the then-current amount set by DomainPeople, Inc. for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.

5. Changes to Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that DomainPeople, Inc. may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other agreements that DomainPeople, Inc. is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement with the new modifications and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

6. Domain Name Registration Information and Its Use

  1. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
    1. Your name and postal address (or if different, that of the domain name holder);
    2. The domain name being registered;
    3. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative, technical, and billing contacts for the domain name;
    4. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
    5. The corresponding names of those nameservers;
  2. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
    1. The original creation date of the registration;
    2. The submission date and time of the registration application to us and by us to the proper registry;
    3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
    4. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
    5. The expiration date of the registration;
    6. Information regarding all other activity between you and us regarding your domain name registration and related services.
  3. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

    You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by DomainPeople, Inc. concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

  4. Disclosure and Use of Registration Information. You agree and acknowledge that DomainPeople, Inc. will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that DomainPeople, Inc. may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

    Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that DomainPeople, Inc. may or must make available to the public or to private entities, and the manner in which such information is made available.

    You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information 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 irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by DomainPeople, Inc.

    You may access your domain name registration information in DomainPeople, Inc.'s possession to review, modify or update such information, by accessing the DomainPeople Account Management online forms, or similar service, made available at our Web site (http://www.domainpeople.com).

    We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

    DomainPeople, Inc. will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

7. Domain Registrar Transfers
Prior to the effectiveness of any Registrar transfer services provided to you by DomainPeople, you or the reseller on your behalf, will pay DomainPeople the then-current Registrar transfer fee for the Registrar transfer service for your domain name. Only the Authoritative Holder (the entity listed as the Registrant in the current domain name registration) of the domain name registration may initiate a request to transfer that domain name registration from another Registrar to DomainPeople. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer, or as a contact listed on the current domain name registration, you have been given full and complete authority by the Authoritative Holder of the domain name registration to initiate this transfer. DomainPeople, at its sole discretion, may require you to provide documentation that proves that the Authoritative Holder of the domain name initiated this transfer request. The request to transfer a domain name registration from another Registrar to DomainPeople may be denied: (a) during the first sixty (60) days after initial registration of the domain name with the original Registrar; (b) in accordance with circumstances described in the Domain Name Dispute Policy; (c) if there is a pending bankruptcy of the domain name holder; (d) where there is a dispute over the identity of the domain name holder; (e) by operation of law; or (f) at the discretion of the then-current Registrar. It is the responsibility of the Authoritative Holder to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the Registrar transfer services. Fees are not refundable, but can be applied to subsequent transfer requests at DomainPeople's sole discretion.

In the event of a charge back by a credit card company (or similar action by another payment provider permitted by DomainPeople) or other non-payment by you in connection with your payment of the Registrar transfer fee, you acknowledge and agree that the registration shall be transferred to DomainPeople as the entity that has paid the Registrar transfer fee for that registration to the applicable Registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. DomainPeople may reinstate any such registration solely at it's discretion, subject to it's receipt of the applicable Registrar transfer fee and DomainPeople's then-current reinstatement fee, currently set at US$200.

Upon successful completion of the Registrar transfer request, DomainPeople shall immediately become the Registrar of record. You agree to be bound by DomainPeople's Service Agreement, the domain name dispute policy (http://www.domainpeople.com/terms.html), and any rules or policies that are or may be published by DomainPeople from time to time. You will be required to extend your existing registration term for one (1) year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years.

8. Ownership of Data
You agree and acknowledge that DomainPeople, Inc. owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the administrative contact, technical contact, and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. DomainPeople, Inc. does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

9. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate administrative, technical, and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

10. Limitation of Liability
YOU AGREE THAT DomainPeople, Inc. WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DomainPeople, Inc.'s REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DomainPeople, Inc.; (e) EVENTS BEYOND DomainPeople, Inc.'s REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; (i) THE SUSPENSION OR CANCELLATION OF YOUR DOMAIN REGISTRATION BY DomainPeople, Inc. OR (j) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DomainPeople, Inc. WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DomainPeople, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DomainPeople, Inc.'s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO DomainPeople, Inc. FOR INITIAL REGISTRATION OF YOUR DOMAIN NAME.

11. Indemnity
You agree to defend, indemnify and hold harmless DomainPeople, Inc. for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

12. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.

ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS" Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, DomainPeople, Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

13. Breach and Revocation
DomainPeople, Inc. reserves the right to suspend, cancel, transfer or modify your domain name registration for reasons including but not limited to (a) your material breach of this Agreement (including the Dispute Policy) and not curing such breach within thirty (30) days of notice by DomainPeople, Inc., (b) your use of the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) your use of your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including DomainPeople, Inc.) or registry administrator procedures approved by an ICANN-adopted policy, (X) to correct mistakes by DomainPeople, Inc., another registrar or the registry administrator in administering the name or (Y) for the resolution of disputes concerning the domain name.

You also agree that DomainPeople, Inc. shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as DomainPeople, Inc. receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

14. Governing Law/Severability
Any Agreement, arising from the business relationships between DomainPeople, Inc and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

15. Notices
You agree that any notices required to be given under this Agreement by DomainPeople, Inc. to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

16. General
This Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and DomainPeople, Inc., and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DomainPeople, Inc. to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DomainPeople, Inc. of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. DomainPeople, Inc. will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of DomainPeople, Inc. as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DomainPeople, Inc.

 


DomainPeople 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 DomainPeople, Inc. (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 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 DomainPeople, Inc. 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:

  1. 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;
  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  3. 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) a (k)below.)
DomainPeople, Inc. 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/udrp/approved-providers.htm (each, a "Provider").

  1. 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
    1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
    2. you have no rights or legitimate interests in respect of the domain name; and
    3. 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.
  2. Evidence of Registration and Use in Bad Faith. For the purpose 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:
    1. 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
    2. 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
    3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
    4. 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.
  3. 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):
    1. 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
    2. 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
    3. 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.
  4. 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).
  5. 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").
  6. 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.
  7. 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.
  8. DomainPeople, Inc.'s 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.
  9. 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.
  10. Notification and Publication. The Provider shall notify DomainPeople, Inc. of any decision made by an Administrative Panel with respect to a domain name you have registered with DomainPeople, Inc. 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.
  11. 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, DomainPeople, Inc. 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 DomainPeople, Inc. receives 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.
DomainPeople, Inc. 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.
DomainPeople, Inc. 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.

  1. 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. DomainPeople, Inc. reserves the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
  2. 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 DomainPeople, Inc. 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.
DomainPeople, Inc. reserves the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at: http://www.domainpeople.com/revision/dispute.html 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.