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 Fasthosts (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
https://archive.icann.org/en/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
Your Representations
By applying to register a domain name, or by asking Fasthosts to maintain or renew a domain name
registration, You hereby represent and warrant to Fasthosts 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.
Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following
circumstances:
subject to the provisions of Paragraph 8, Fasthosts receipt of written or appropriate electronic
instructions from You or Your authorized agent to take such action;
Fasthosts receipt of an order from a court or arbitral tribunal, in each case of competent
jurisdiction, requiring such action; and/or
Fasthosts 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.
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/udrp/approved-providers.htm (each, a "Provider").
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.
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 online 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.
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 non-commercial 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.
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).
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").
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.
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.
Fasthosts 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.
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.
Notification and Publication. The Provider shall notify Fasthosts of any decision made by an
Administrative Panel with respect to a domain name You have registered with Fasthosts. 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.
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 cancelled or transferred, we will wait ten (10) business days (as observed
in the location of Fasthosts 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
Fasthosts principal office or of Your address as shown in Fasthosts 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 Fasthosts of a resolution between the
parties; (ii) evidence satisfactory to Fasthosts 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.
All Other Disputes and Litigation
All other disputes between You and any party other than Fasthosts 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.
Fasthosts Involvement in Disputes
We will not participate in any way in any dispute between You and any party other than Fasthosts
regarding the registration and use of Your domain name. You shall not name Fasthosts as a party or
otherwise include Fasthosts 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 defences deemed appropriate, and to take any other
action necessary to defend ourselves.
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.
Transfers During a Dispute
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 Fasthosts 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.
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 Fasthosts 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 Fasthosts
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 Fasthosts 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.
Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post
Fasthosts revised Policy here 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 Fasthosts change. In the event that You object to a change
in this Policy, Your sole remedy is to cancel Your domain name registration with Fasthosts, provided that
You will not be entitled to a refund of any fees You paid to Fasthosts. The revised Policy will apply to
You until You cancel Your domain name registration.