Domain Resolution Policy

Uniform Domain Name Dispute Resolution Policy (UDRP)
As Approved by ICANN on October 24, 1999
Adapted for KickHost

1. Purpose

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) and is incorporated by reference into your Registration Agreement with KickHost. The Policy sets forth the terms and conditions governing disputes between you and any third party (excluding KickHost, the registrar) concerning the registration and use of an Internet domain name registered through KickHost. 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”) and the supplemental rules of the chosen administrative-dispute-resolution service provider.

2. Your Representations

By registering or renewing a domain name through KickHost, you represent and warrant that:

• (a) The information you provide in your Registration Agreement is accurate and complete.
• (b) To the best of your knowledge, the domain name registration does not infringe upon or violate the rights of any third party.
• (c) The domain name is not being registered for an unlawful purpose.
• (d) You will not knowingly use the domain name in violation of applicable laws or regulations.

You are solely responsible for determining whether your domain name registration infringes upon the rights of others.

3. Cancellations, Transfers, and Changes

KickHost may cancel, transfer, or make changes to a domain name registration under the following circumstances:

1. Upon receipt of written or electronic instructions from you or your authorized agent.
2. Upon receiving an order from a court or arbitral tribunal of competent jurisdiction.
3. Following a decision from an Administrative Panel in a proceeding conducted under this Policy.
4. As otherwise required by law or ICANN’s policies.

4. Mandatory Administrative Proceedings

You agree to submit to a mandatory administrative proceeding for certain disputes, as outlined below:

Applicable Disputes

A third party may initiate a complaint asserting that:

• (a) Your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
• (b) You have no legitimate rights or interests in the domain name.
• (c) The domain name was registered and is being used in bad faith.

Evidence of Bad Faith

Examples of bad faith include:

• Registering the domain primarily to sell or transfer it to the complainant or their competitor for excessive profit.
• Preventing the owner of a trademark or service mark from reflecting it in a corresponding domain name.
• Registering the domain to disrupt the business of a competitor.
• Intentionally creating confusion with the complainant’s mark to attract users for commercial gain.

Legitimate Interests

You may demonstrate legitimate interests in a domain name by showing:

• Use of the domain in connection with a bona fide offering of goods or services before the dispute.
• You are commonly known by the domain name, even without trademark rights.
• Legitimate noncommercial or fair use of the domain without intent to mislead for commercial gain.

5. Administrative Process

1. Provider Selection: The complainant selects a dispute resolution provider approved by ICANN.
2. Initiation and Panel Appointment: The Rules of Procedure govern the initiation of proceedings and appointment of an Administrative Panel.
3. Consolidation: Multiple disputes may be consolidated at the Panel’s discretion.
4. Fees: Complainants pay all fees unless you elect a three-member panel, in which case costs are split evenly.

6. KickHost’s Role in Proceedings

KickHost does not participate in dispute proceedings and is not liable for decisions rendered by Administrative Panels.

7. Remedies and Notification

The remedies available to complainants are limited to the cancellation or transfer of the disputed domain name. The Provider will notify KickHost of decisions, which will be published online unless redaction is necessary.

8. Court Proceedings

Either party may seek independent resolution in court before or after administrative proceedings. KickHost will implement Panel decisions unless documentation of court action is provided within 10 business days.

9. Policy Modifications

KickHost reserves the right to modify this Policy with ICANN’s approval. Changes will be posted at kickhost.com/udrp at least 30 days before taking effect. Disputes initiated before the effective date will be governed by the Policy in place at the time of initiation.