This Domain Name Dispute Resolution Policy (“Policy”) is based on the Uniform Domain Name Dispute Resolution Policy (UDRP) adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”). It is incorporated by reference into your Domain Registration Agreement with Cloudoora and outlines the procedures for resolving disputes between a domain name registrant and a third party (not involving Cloudoora) concerning the registration and use of a domain name.
Proceedings initiated under Paragraph 4 of this Policy will be governed by the UDRP Rules and the applicable supplemental rules of the selected dispute resolution provider.
1. Representations and Warranties
All information provided in your Registration Agreement is complete and accurate.
To the best of your knowledge, the registration and intended use of the domain name will not infringe the rights of any third party.
The domain name is not being registered for unlawful purposes.
You will not use the domain name in violation of any laws or regulations.
You are solely responsible for ensuring that your registration does not infringe the legal rights of others.
2. Domain Registration Modifications
We may cancel, transfer, or otherwise modify domain name registrations in the following situations:
Upon receiving proper written or authenticated electronic instructions from you or your authorized representative.
Upon receipt of a legally binding court or arbitral order.
Upon receiving a decision from an ICANN-approved Administrative Panel under this Policy.
As required by law or as outlined in your Registration Agreement.
3. Mandatory Administrative Proceedings
You agree to submit to mandatory administrative proceedings under this Policy if a third party (the “Complainant”) files a complaint alleging that:
The domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights.
You have no rights or legitimate interests in the domain name.
The domain name has been registered and is being used in bad faith.
The Complainant must establish all three elements to prevail.
Evidence of Bad Faith
Registering the domain name primarily for resale at a profit to the rights holder or a competitor.
A pattern of preventing trademark holders from registering domain names corresponding to their marks.
Registering the domain to disrupt a competitor’s business.
Intentionally misleading users for commercial gain by confusing them with the Complainant’s mark.
4. Demonstrating Legitimate Interests
Use of the domain name in good faith for offering goods or services prior to the dispute.
Being commonly known by the domain name (even without trademark rights).
Non-commercial or fair use without intent for commercial gain or to mislead or tarnish another party’s mark.
5. Provider Selection and Administrative Panel
The Complainant must choose an ICANN-approved dispute resolution provider. The provider will administer the case and appoint the Administrative Panel per UDRP Rules.
In the case of multiple related disputes, the involved party may request consolidation before a single panel.
6. Fees
Fees are typically paid by the Complainant, unless you choose to expand the panel from one to three members. In that case, costs are split equally between the parties.
7. Cloudoora’s Role
Cloudoora does not and will not participate in the resolution of disputes. We act solely as a registrar and will not be held liable for decisions rendered by the Administrative Panel.
8. Available Remedies
Cancellation of the domain name registration, or
Transfer of the domain name to the Complainant.
9. Implementation of Decisions
We will implement decisions after ten (10) business days from receiving official notice, unless:
You initiate legal action and provide documentation within that time.
In such cases, we will defer action until further legal clarity is achieved.
10. Additional Legal Proceedings
Nothing in this Policy limits either party from seeking resolution through a court of competent jurisdiction before, during, or after the administrative proceeding.
11. Non-Participatory Role of Cloudoora
Cloudoora will not be involved in disputes between you and other parties. You agree not to include us in any legal or administrative proceedings. Should we be named in such proceedings, we reserve the right to defend our interests fully.
12. Status Quo Maintenance
We will not make changes to a domain name registration during a dispute except as specified in this Policy.
13. Transfers During a Dispute
You may not transfer the domain name to another holder during an ongoing administrative or court proceeding, unless the new holder agrees to be bound by the outcome.
You may not transfer the domain name to another registrar during an administrative dispute, except as allowed under court proceedings and subject to previous registrar’s policy.
14. Policy Modifications
Cloudoora reserves the right to modify this Policy in accordance with ICANN’s guidelines. All changes will be posted at least thirty (30) days before becoming effective. If a dispute has already begun, the version in effect at that time will govern the proceedings. If you object to changes, your sole remedy is to cancel your domain name registration with Cloudoora.